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1992 08 25 PCtO 0 UR .o AL M [ f I T T O rota 1992 Ten Carat Decade PLAMING CO I,S,SION AGENDA A Regular Meeting to be Held at the La Quinta City Hall, 75-105 Calle Estado La Quinta, California August 25, 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 92-026 Beginning Minute Motion 92-029 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC HEARINGS 1. Item ............... ZONING ORDINANCE TEXT AMENDMENT 92-027 Applicant .......... City of La Quinta Location ........... City wide Request ............ To amend Chapter 9, Planning and Zoning, relating to the regulation of Adult Entertainment. 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. When addressing the Planning Commission, please state your name and address. PC/AGENDA BUSINESS SESSION 1. Item ............... SIGN APPROVAL 92-177 Applicant .......... ARCO Products Company Location ........... East side of Washington Street between the Whitewater Storm Channel and Highway 111 Request ............ Approval of sign adjustment for service station and mini- market. Action ............. Minute Motion 92- 2. Item ............... CONSIDERATION OF GENERAL PLAN MASTER ENVIRONMENTAL ASSESSMENT Applicant .......... City of La Quinta Location ........... City wide Request ............ Recommend City Council adopt the Master Environmental Assessment (MEA) for the General Plan. Action ............. Minute Motion 92- CONSENT CALENDAR Approval of the Minutes of the regular Planning Commission meeting held August 11, 199. ADJOURNMENT STUDY SESSION MONDAY, AUGUST 24, 1992 CANCELLED PC/AGENDA 2 PH #1 DATE: APPLICANT: CASE NO: LOCATION: REQUEST: BACKGROUND: STAFF REPORT PLANNING COAE%HSSION MEETING AUGUST 25, 1992 CITY OF LA QUINTA ZONING TEXT AMENDMENT 92-027 CITY WIDE TO AMEND CHAPTER 9, PLANNING AND ZONING RELATING TO THE REGULATION OF ADULT ENTERTAINMENT. Currently the City of La Quinta has adopted by reference some County ordinances dealing with adult entertainment regulations. However, the City Attorney has determined, based upon current court cases, that our regulations are unenforceable. The attached draft ordinance was distributed to City Staff, Planning Commission, and City Council for review and comment. The attached ordinance reflects all the changes and comments received during that review period. ANALYSIS: 1. The draft regulations create an Overlay Zone measured 600 feet north and south from the centerline of Highway 111. This Overlay Zone will permit, through the Conditional Use Permit process, adult entertain facilities as defined in the ordinance. 2. There are certain regulations dealing with the location of these facilities such as, they cannot be located within 1000 feet of any, 1) lot upon which there is located a church, public or private or periodical elementary, junior high school, public park or playground; 2) of each other; 3) any lot zoned for residential use. 3. In addition, each applicant for such facility will have to go through a police background check in addition to the Conditional Use Permit. 4. An analysis has been done on Highway 111 identifying property upon which these facilities could be constructed. It has been determined that there would be approximately 120 acres available along Highway 111, which could accommodate approximately 6 or so facilities. PCST.076 5. The Planning Commission can reduce the distances as recommended if they so desire, but it is recommended that you accept the distances as contained in the ordinance. 6. The City Attorney has drafted this ordinance taking into consideration recent court cases. RECOMMENDATION: Move to adopt Planning Commission Resolution 92- and confirm the environmental determination recommending the City Council adopt the Adult Entertainment Ordinance. PCST.076 PLANNING COMMUSSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO ADD A CHAPTER TITLED "ADULT ENTERTAINMENT" TO THE ZONING CHAPTER OF THE LA QUINTA MUNICIPAL CODE. CASE NO. ZONING ORDINANCE AMENDMENT 92-027 ADULT ENTERTAINMENT BUSINESSES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of August, 1992 hold a duly -noticed public hearing to recommend to the City Council the addition to Chapter 9 regulating the adult entertainment businesses throughout the City; and WHEREAS, this text amendment has complied with the Rules to Implement the California Environmental Quality Act of 1970 (County of Riverside 92-213, adopted by reference in the City of La Quinta Ordinance 5) in that the Planning Director has conducted an Initial Study and has determined that the proposed Text Amendment will not have a significant adverse affect on the environment and that a Negative Declaration is hereby recommended for adoption; and, WHEREAS, upon hearing and considering all testimony and arguement, if any, of all interested persons desiring to be heard, said. Planning Commission did find the following facts to justify the recommendation for approval of said Text Amendment. 1. The location of adult entertainment land uses in proximity to residential uses, churches, parks, and schools may lead to increased levels of criminal activities, including drug use and sales, prostitution, rape, and assaults in the vicinity of those land uses. 2. That the concentration of adult entertainment businesses near one another may contribute to the blighting or downgrading of the neighborhood. 3. Ample commercial and retail space is currently available and will be available in the future on the parcels of land fronting State Highway 111. 4. The Highway 111 commercial frontage is the most appropriate location in the City for siting adult entertainment businesses. 5. That the regulation of adult entertainment businesses in the manner contemplated herein allows ample opportunity for persons to establish adult entertainment businesses in the City and does not place an undue burdon on those who wish to exercise their eights of free speech through the sexually oriented communication. RESOPC.081 6. That the City desires to regulate the location and appearance of adult entertainment businesses to minimize the harmful secondary effects of such businesses on sun-ounding neighborhoods and not to regulate in any way the free. expression of ideas through such businesses. 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 confirm and recertify the conclusion of Environmental Assessment that the proposed Text Amendment will not result in any significant adverse effects and that a Negative Declaration should be adopted. 3. That it does hereby recommend approval to the City Council of the above described Zoning Text Amendment for the reasons set forth in this Resolution and as illustrated in Exhibit "A" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this llth day of August, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: TERRY HERMAN, Planning Director City of La Quinta, California RESOPC.081 2 EXHIBIT A Chapter 9. ADULT ENTERTAINMENT BUSINESSES Sections: 9. .010 Purpose. 9. .020 Definitions. 9. .030 Police Permit Required. 9. .040 Conditional Use Permit Required. 9. .050 Delineation of AE Zone Boundaries. 9. .060 Revocation of Permits. 9. .070 Violation and Penalty. 9. .010 Purpose. .010 The City Council finds that adult entertainment businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this chapter is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with adult entertainment businesses, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of adult entertainment businesses, to protect retail trade occuring adjacent to adult entertainment businesses, to maintain property values within the City, and to protect and preserve the quality of life within the City. .020 It is not the intent of this chapter, and this chapter shall not be so construed, to suppress, regulate, or affect in any way the content of communication or expression associated with adult entertainment businesses. .030 The City Council finds that this chapter allows the establishment of adult entertainment businesses at a reasonable number of locations within the City. 9. .020 Definitions. .010 For purposes of this chapter, the term "adult entertainment business" is hereby defined to include the following described uses: A. "Adult Book Store": An establishment having as a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such material. 07/09/91 4876u/2588-00 -2- B. "Adult Business": Either (1) any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage, either by law or by the operators of such business, except any businesses licensed by the State Department of Alcoholic Beverage Control; or (2) any business, other than those expressly specified in this chapter, where employees or patrons expose "specified anatomical areas" or engage in "specified sexual activities"; or (3) any other business or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas" or (4) any dance studio, photographic or modeling studio, or social club, other than those where clientele is composed solely of persons under eighteen (18) years of age. C. "Adult Motion Picture Theater": An enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. D. "Adult Mini Motion Picture Theater": An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. E. "Adult Motion Picture Arcade": Any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." F. "Baths, Sauna Baths, Massage Establishments": Any business or establishment for which a permit is required pursuant to Chapter 5.32 of the La Quinta Municipal Code. G. "Cabaret": Any business or establishment which conducts, sponsors or allows entertainment subject to Chapter 5.08 of the La Quinta Municipal Code, where such entertainment is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 07/09/91 4876u/2588-00 -3- H. "Encounter Center" or "Rap Studio": Any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing "specified sexual activities" or exposing "specified anatomical areas." I. "Escort Bureau or Introduction Services": Any business or establishment which, for any form of consideration or gratuity, provides introductions or companions for the primary purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." J. "Figure Model Studio": Any business or establishment which provides models or displays which expose "specified anatomical areas" to customers or patrons. K. "Public Dance Hall": Any business or establishment subject to Chapter 5.12 of the La Quinta Municipal Code which conducts, sponsors or allows dancing which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." .020 For purposes of this chapter, the term "Specified Sexual Activities" shall include any of the following: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophila, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or E. Masochism, erotic or sexually oriented torture, beating or the infliction or pain; or F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or 07/09/91 4876u/2588-00 -4- G. Human excretion, urination, menstruation, vaginal or anal irrigation. .030. For purposes of this chapter, the term "specified anatomical areas" shall include any of the following: A. Less than completely and opaquely covered (1) human genitals or pubic region; (2) buttocks; or (3) female breast below a point immediately above the top of the areola; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 9. .030 Police Permit Required. .010 Any applicant for a conditional use permit for an adult entertainment business shall make application for a police report to the chief of police, or his designated representative. Prior to submitting such application, a nonrefundable fee shall be paid to the city clerk to defray, in part, the cost of investigation and report required by this chapter. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is submitted. Such application does not authorize the applicant to operate an adult entertainment business. .020 Each application for a police permit shall contain the following information: (a) The full, true name and any other names used by the applicant. (b) The present address and telephone number of the applicant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) The applicant's height, weight, color of eyes and hair and date and place of birth. (e) Two photographs of the applicant at least 2" x 2" taken within the last six months. (f) Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. 07/09/91 4876u/2588-00 -5- (g) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory, under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude. (i) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (j) Such other identification and information as the police department may reasonably require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (k) The chief of police may require the applicant to furnish fingerprints. .030 The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the police department and produce proof that a nonrefundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. .040 The chief of police shall have thirty (30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the chief of police shall grant the permit if he finds that: 07/09/91 4876u/2588-00 -6- (a) The required fee has been paid. (b) The application conforms in all respects to the provisions of this chapter. (c) The applicant has not knowingly made a material misrepresentation in the application. (d) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within the last five years been convicted in a court of competent jurisdiction of any crime involving dishonesty, fraud, deceit, or moral turpitude. .050 if the chief of police, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter, he shall notify the city manager of such opinion and, within thirty (30) days of the date of application, provide copies of the investigation report to the city manager. The city manager shall within ten (10) days, grant the permit or deny the application and notify the applicant by certified mail of such denial. Any applicant who is denied a permit by the city manager may appeal such denial to the city council pursuant to the provisions of this chapter. 9. .040 Conditional Use Permit Required. 0.10 Notwithstanding any other provision of the La Quinta Municipal Code to the contrary, no person shall establish, conduct, operate, or maintain any adult entertainment business as defined in Chapter 9. .020 of this code on any property in the City of La Quinta without having first obtained a conditional use permit therefor pursuant to the provisions of Chapter 9.172 of this title. .020 Notwithstanding any other provision of this code to the contrary, no conditional use permit shall be granted by the City for any adult entertainment business unless each of the following findings is made: A. The premises upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot upon which there is located a place of religious worship; public, private or parochial elementary, junior high or high school; or public park or playground. 07/09/91 4876u/2588-00 -7- B. The premises upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot upon which there is located any other adult entertainment business as defined in Chapter 9. .020 of this code. C. The premises upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot zoned for residential use. D. The premises upon which the adult entertainment business is proposed to be located is located in the adult entertainment (AE) overlay zone, as defined in section 9. .050 of this code. E. The exterior appearance of the structure in which the adult entertainment business is proposed to be located will be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood. F. The exterior appearance of the structure will not cause blight, deterioration or substantially diminish cr impair property values within the neighborhood. G. The applicant has received a police permit pursuant to Section 9. .030 of this Code. .040 For the purposes of subsection .020 above, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult entertainment business is conducted to the nearest property line of any lot or premises described in A through D of that subsection. 9. .050 Delineation of AE Zone Boundaries. .010 Areas of the City of La Quinta hereby designated as being within the Adult Entertainment (AE) overlay zone are those parcels located in whole or in part within six hundred (600) feet from the centerline of State Highway 111. .020 The zoning designation for the parcel shall constitute the base or underlying zone and the AE designation shall constitute an overlay zone. In the event of conflicting provisions between the underlying zone and the AE overlay zone regulations, the requirements and restrictions of the AE overlay zone shall take precedence over the requirements of the underlying zone. 07/09/91 4876u/2588-00 -8- 9. .060 Revocation of Permits. The city manager may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke a police permit or conditional use permit; provided that written notice by certified mail of such suspension or revocation is furnished to the permittee. The permittee, within ten (10) days after receipt of notice of suspension or revocation, may file an appeal with the city clerk to be taken to the city council. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the council. If the permittee fails to take an appeal within the ten-day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. 9. .070 Violation and Penalty .010 Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates, manages or conducts any adult entertainment business as defined in Chapter 9. .020 without first obtaining a conditional use permit from the City or who shall violate any provisions of this chapter, shall be guilty of a misdemeanor. Any person violating any of the provisions of this chapter shall be fined not less than One Hundred Dollars ($100.00) for each offense. Each day such violation shall continue shall be regarded as a separate offense. .020 Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may here jurisdiction to grant such relief as will abate or remove such establishment or activities defined in Chapter 9. and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. Section 2. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not 07/09/91 4876u/2588-00 -9- affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisoins of this Chapter are declared to be severable. 07/09/91 4876u/2588-00 -10- BI #1 DATE: CASE NO: REQUEST: APPLICANT: ARCHITECT: LOCATION: ZONING: BACKGROUND: STAFF REPORT PLANNING COM MSSION MEETING AUGUST 25, 1992 SIGN APPROVAL 92-177 APPROVAL OF SIGN ADJUSTMENT FOR SERVICE STATION AND MINI -MARKET ARCO PRODUCTS COMPANY PHILIP GRAHAM COMBS, ARCHITECT (TOM RIGGLE) EAST SIDE OF WASHINGTON STREET BETWEEN THE WHITEWATER STORM CHANNEL AND HIGHWAY 111 C-P-S (SCENIC HIGHWAY COMMERCIAL) The plot plan application for this property which is a part of the One Eleven La Quinta Center, was approved by the Planning Commission on June 23, 1992, and by the City Council on July 10, 1992. As required by those Conditions of Approval, the sign program was reviewed and approved by the Design Review Board on August 5, 1992. The Municipal Code specifically permits a maximum of 42 square feet of signage for service stations. This includes one double faced free standing monument sign, maximum 24 square feet in area, maximum 8 feet in height, advertising the company name and one wall or ground sign maximum 8 square feet in area and 8 feet in height, advertising the lowest price per gallon, including all taxes for regular, premium, and unleaded gasolines. Also one maximum ten square foot wall sign advertising the company is permitted. The Applicant had originally requested approval of 236 square feet of signage excluding "self service" and "pull forward" signs adjacent to the pump islands. The Design Review Board approved a total of 128 square feet of signage. The Board deleted two "24-Hour" signs (sign B) on the building and two spandel signs (sign E) which were to be mounted between the columns on the pump island closest to Washington Street. The 128 square feet approved still exceeds the 42 square feet allowed by Code by 86 square feet. Therefore, the Applicant has requested approval of a sign adjustment as permitted by the Municipal Code requirements. The sign adjustment procedure permits the Planning Commission PCST.074 to approve signage in excess of that stipulated in the Ordinance. In this case, the Applicant is requesting additional signs and sign area. As previously noted, the monument sign with their name and prices is limited to 32 square feet (combined 24 square feet plus 8 square feet) of sign area. Their monument sign (sign C) as approved by the Design Review Board is 42 square feet in area and 8 feet tall. On the mini -market wall, the Applicant proposed and received approval of two 35 square foot "AM/PM" signs (sign A). One sign would face Washington Street and the gas pump islands while the second sign would face the southeast towards the shopping center. The Applicant also proposed and received approval of two canopy mounted "AM/PM" signs (sign D) each with 8 square feet of area. These would face north and south SIGN ADJUSTMENT: Since one wall sign is permitted advertising the name of the company, the Applicant's request is to allow a second wall sign on the building and the two "AM/PM" canopy signs. Additionally, since sign area is limited to 42 square feet a sign adjustment request is also to permit the additional 86 square feet approved by the Design Review Board. For additional signs to be approved by the Planning Commission, a finding must be made that the additional signage is needed for compensation of inadequate visibility or to facilitate good design balance. To approve additional sign area, one or more of the following findings must be made: 1. Additional area is needed to over come a disadvantage as a result of an exceptional setback between the street and sign. 2. Additional area is needed to achieve an affect which is essentially architectural, sculptural, or graphic art. 3. Additional area is needed to permit more sign area in a single sign than is allowed but less than the total allowed on 'the site. 4. Additional area is needed to allow a sign to be in proper scale with its building or use. 5. Additional area is needed to allow a sign to be compatible with other conforming signs in the vicinity. 6. Additional area is needed to establish the allowable amount of sign in location of signing when no street frontage exists or when do to an unusual lot shope (e.g., flag lot) the street frontage is excessively narrow in proportion to the average width of the lot. PCST.074 STAFF ANALYSIS: Due to the location within the shopping center and the multiple access points, the finding to allow additional signs for inadequate visibility can be made. With regards to additional area, it probably can be argued that there are exceptional setback disadvantages due to the location of the building that additional signage is needed because of the multiple frontages facing either streets or parking lots. RECOMMENDATION: Move by Minute Motion 92- to approve and a sign adjustment to allow sign program as approved by the Design Review Board. Attachments: 1. Location map 2. Conditions of Approval for sign program 3. Design Review Board staff report for the meeting of August 5, 1992 4. Sign exhibits PCST.074 3 S lor I CASE MAP CASE No. PLOT PLAN 92-482-1 NOPTH SCALE: ARCO PRODUCTS 1 rvrs CONDITIONS OF APPROVAL - FINAL PLOT PLAN 92-482 ARCO PRODUCTS COMPANY AUGUST 5, 1992 1. A sign permit shall be obtained prior to installation of any signs. 2. The two spandel signs ( sign "E") shall be removed. 3. All "self service/health warning" and "pull forward" signs shall not be internally illuminated. 4. Temporary window signs, if displayed, shall be limited to 10% of the window display area. 5. The maximum height of the monument sign (sign "C") at the west end shall not exceed eight feet. 6. 1124 Hours" signs on the building shall be deleted. 7. Final sign program shall be approved by the Planning and Development Department to ensure compliance with approved conditions. 8. Approval of the sign program is subject to Planning Commission approval of a sign adjustment to allow additional square footage permitted by the approval. CONAPRVL.062 FILE Curt' B1 #c DATE: CASE NO: REQUEST: APPLICANT: ARCHITECT: LOCATION: ZONING: BACKGROUND: STAFF REPORT DESIGN REVIEW BOARD AUGUST 5, 1992 PLOT PLAN 92-482 APPROVAL OF SIGN PROGRAM FOR SERVICE STATION AND MINI -MARKET ARCO PRODUCTS COMPANY PHILIP GRAHAM COMBS, ARCHITECTS, INC. EAST SIDE OF WASHINGTON STREET BETWEEN WHITEWATER STORM CHANNEL AND HIGHWAY 111 C-P-S (SCENIC HIGHWAY COMMERCIAL) This plot plan application was approved by the Planning Commission on June 23, 1992, and City Council on July 7, 1992. One of the Conditions of Approval was that the sign program be approved by the Design Review Board. The Applicant has submitted his proposed sign program for approval. EXISTING SIGN REQUIREMENTS: The Municipal Code requirements specify sign requirements for service stations. Those requirements are as follows: 1. One double faced free-standing monument sign, maximum 24 square feet in area, maximum 8 feet in height, advertising the company name. 2. One wall or ground sign, maximum 8 square feet in area, and 8 feet in height, advertising the lowest price per gallon, including all taxes for regular, premium, and unleaded gasolines. 3. 61�� �+cl�erhsenqp�#M!a These requirements would a ow a maximum of 42"square feet f signage on the site. REQUESTED SIGN PROGRAM: The Applicants are requesting approval of a number of signs including a monument/price sign, four wall signs, two canopy signs, and two gas pump spandel signs. All signs are proposed tc be internally illuminated. The monument sign consists of the words "ARCO and AM/PM" as well as prices for premium, unleaded, and regular gasolines. The copy portion of the sign would be three feet one and one-half inches tall and thirteen feet five inches long and be mounted on a stucco pedestal painted to match the building. Colors utilized would be the typical ARCO colors. The sign would be placed on the berm adjacent to Washington Street directly in front of the canopy. The maximum height of the sign including base at the west end should not exceed eight feet as stipulated in the Municipal Code requirements. DRBST.063 The building wall signage proposed by the Applicants consists of two "AM/PM" signs (35 square feet each) and two "24 Hours" (24 square feet each) can signs. One of the "AM/PM" signs (three feet two inches by thirteen feet two inches long) would be placed over the entry of the Mini -Market facility which faces directly west. The second sign would be placed on the wall of the building facing the southeast or shopping center parking lot. The two "24 Hour" signs (four feet six inches tall by five feet four inches wide) would be placed on the southwest face and northeast face of the buildings. No color information is provided. The proposed canopy mounted "AM/PM" signs would be placed on the north face and south face of the canopy closest to the west end or Washington Street. This sign would be approximately five feet nine inches long and one foot three inches high and would contain eight square feet of area. These signs would be the typical AM/PM orange, red, purple, and blue in color. Between the three sets of pump islands closest to Washington Street, the Applicant is proposing two blue colored lighted spandel signs with the ARCO logo in red. These signs would be nine foot six inches long by three feet high. The top height of these signs above finish grade would be approximately twelve feet. The total square footage of all the signage as proposed by the Applicant is 236 square feet. The sign program also includes small miscellaneous direction/informational signs. A "pull forward" sign would be placed at the ends of the islands while a "self service/health warning" sign would be placed above that. This is typical of ARCO service stations. SIGN ADJUSTMENT REQUEST: As previously noted, the Municipal Code allows a maximum of 42 square feet of signage for a service station. If the approved amount of signage exceeds that amount, the Planning Commission will need to approve a sign adjustment for the additional square footage. The need for that will be dependent upon the Design Review Board action. STAFF ANALYSIS: Under Municipal Code requirements, the combined monument and price sign is allowed to be 32 square feet. The Applicants are proposing 42 square feet which exceeds the maximum by ten square feet. The Municipal Code allows ten square feet of wall signage to identify the business. The Applicants are proposing eight signs which would be placed either on walls, canopies or between the pump islands totaling 194 square feet. This does not count the "self serve/health warning" and "pull forward" signs. This would appear to be more signage than is warranted or necessary to reasonably identify the business. Staff feels that the 24 hour signs are not necessary and should not be deleted. It should be noted that in the case of Wal- Mart and Albertsons, that such extraneous signing was proposed but not allowed. Any person getting close enough to read the signs should be able to see that the facility is open, especially at night due to the lighting. With regards to the "AM/PM" signs on the building, Staff feels that the locations facing the front entry and the southeast are acceptable. DRBST.063 2 Staff feels that the canopy mounted "AM/PM" is not needed for identification and should be deleted. The name and main price sign will be visible from both the north and south and as people enter the shopping center adjacent to the gas station they will be able to see either the monument sign because it sticks up above the wall or the main "AM/PM" sign placed on the front of the building. Staff sees no function other that to add clutter, for the spandel signs. They do not appear to be needed to structurally support the canopy or provide architectural compatibility. Therefore, they should be removed or be stuccoed to match the canopy supports. Staff feels that the "self serve/health warning" and "pull forward" signs are acceptable provided they have no company name reference on them. As previously noted, 236 square feet of signage is proposed. For comparison, Phar- Mor was granted 243 square feet of sign area for its 66,450 square feet of floor space while Wal-Mart was granted 185 square feet of signage for its 127,154 square feet of floor space. Shell Oil which was approved at the corner of Highway 111 and Adams Street was granted 150 square feet of signage. RECOMMENDED CONDITIONS: 1. A sign permit shall be obtained prior to installation of any signs. 2. The two spandel signs shall be removed or stuccoed to match the canopy supports. 3. All "self service/health warning" and "pull forward" signs shall not be internally illuminated. 4. Temporary window signs, if displayed, shall be limited to 10% of the window display area. 5. The maximum height of the monument sign at the west end shall not exceed eight feet. 6. No sign shall be provided on canopies. "AM/PM" signs on canopy shall be deleted. 7. 1124 Hours" signs on the building shall be deleted. 8. Final sign program shall be approved by the Planning and Development Department to ensure compliance with approved conditions. 9. Approval of the sign program is subject to Planning Commission approval of a sign adjustment to allow additional square footage permitted by the approval. Attachments: 1. Location map 2. Plan exhibits DRBST.063 3 .::: °i N.a E� 82 - 1992 t b!1 %,aia& v�La v TO: FROM: DATE: SUBJECT: BI 2 2uin�a MEMORANDUM HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION PLANNING & DEVELOPMENT DEPARTMENT AUGUST 25, 1992 ADOPTION OF THE GENERAL PLAN MASTER ENVIRONMENTAL ASSESSMENT (MEA) BACKGROUND: The General Plan Update was initiated on June 25, 1992, with a joint City Council and Planning Commission Workshop to review a draft MEA which established existing conditions and provided a comprehensive data base for the development of the updated General Plan. Six subsequent public workshops have been held to develop the Updated General Plan which is scheduled for Planning Commission public hearing on September 22, 1992. This Master Environmental Assessment (MEA) has been prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 151969 to establish a data base to provide information which has been used for the preparation of the Draft General Plan Update and Draft Environmental Impact Report (EIR). The MEA identifies and organizes physical, environmental, and socio-economic characteristics in the City and surrounding area. The MEA contains five sections and appendices: I. Land Use and Zoning II. Circulation III. Public Services and Infrastructure IV. Natural Resources V. Environmental Hazards VI. Appendices on Economics and Population. MEMOFB.031 In addition, each chapter includes a summary of key issues identified by the City, citizens and other governmental agencies. The Introduction/Summary of the MEA is attached; the full document was delivered for your .review in July. ENVIRONMENTAL CONSIDERATIONS: Staff has determined that adoption of the MEA is not subject to CEQA review, as it is a document consisting of basic research and data collection, and is therefore exempt from CEQA pursuant to Guidelines, Section 15306. RECOMMENDATION: It is recommended the Planning Commission recommend that the City Council adopt by resolution the General Plan Master Environmental Assessment. MEMOFB.031 1.0 Introduction The Master Environmental Assessment (MEA) for the City of La Quinta, California General Plan Update and Environmental impact Report (EIR) has been prepared to provide City officials, citizens and other interested parties with an overview of the physical, environmental and soclo-economic characteristics within the City and the surrounding area. This document, considered an advisory document pursuant to the California Environmental Quality Act Guidelines, Section 15169, contains information used in the preparation of the updated General Plan and accompanying Environmental Impact Report (EIR). The information within the MEA can and should be utilized in the preparation of future environmental documents for proposed projects within the City of La Quinta. The MEA includes six chapters and two appendices which include discussions and analyses of various planning related topics, including land use, circulation, public services and infrastructure, natural resources, environmental hazards, and soclo-economic characteristics. All of the chapters include a Summary of Key Issues as identified by the City, citizens and other government agencies during preparation of the General Plan Update and EIR. Chapter 2, General Planning, Land Use and Zoning, presents an overview of the existing status of planning and development within the City of La Quinta. In addition to a discussion of the existing General Plan and Specific Plans, an evaluation is presented of the impact of the implementation of these plans on the development of the City. Other topics covered in this chapter include an overview of the City's existing general plan, the existing zoning, large land ownership, and the relationship of the City to the general plans of adjacent jurisdictions. Chapter 3, Circulation, provides a thorough discussion of the status of the existing transportation system within the City of La Quinta. it includes a description of the existing roadway system, traffic volumes, and existing intersection capacities. The chapter also addresses transit, bicycle and pedestrian modes of transportation and concludes with a discussion of the existing circulation system deficiencies. Chapter 4, Public Services and Infrastructure, includes a discussion of public safety, City administration, educational, recreational, health care, and private utility facilities and services within the City of La Quinta. It includes an analysis of the public services and Infrastructure necessary to meet existing and projected population demands. Chapters, Natural Resources, includes an overview of the environmental resources within the City. Specifically, the chapter discusses biological resources and habitat, visual, cultural and historical resources, climate, topography, mineral and soil resources, and air quality. Chapter 1 City of Le Quinta General Plan Introduction 1-1 Master Environmental Assessment Chapter 6, Environmental Hazards, provides a discussion of natural and manmade hazards which exist within the City of La Quinta. These hazards include geologic and seismic, soil (liquefaction and soil erosion), flooding, noise, fire, and the transportation and use of hazardous materials. This chapter also includes a discussion of energy conservation and emergency preparedness programs affecting the City. Appendix A, 1990 Census Data, includes a summary of the available 1990 Census data for the City of La Quinta. Appendix 8, Existing Economic Conditions and Population and Employment Projections, provides an overview of the status of economic development strategies within the City and concludes with an assessment of economic opportunities and constraints within La Quinta. This MEA was prepared for the City of La Quinta General Plan Update and accompanying Environmental Impact Report. While the contents can be utilized in the preparation of subsequent project specific EIR's, all information should be verified by the appropriate sources prior to use. Chapter 1 City of La OLAnta General Plan Introduction 1-2 Master Environmental Assessment W-TOADWAIMT CC MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California August 11, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:04 P.M. by Chairwoman Barrows. Commissioner Ellson led the flag salute. H. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher, Ellson, Marrs and Chairwoman Barrows. Commissioner Marrs moved and Commissioner Ellson seconded a motion to excuse Commissioner Adolph. Unanimously approved. B. Staff Present: Principal Planner Stan Sawa, Associate Planner Greg Trousdell, Associate Planner Leslie Blodgett, and Department Secretary Betty Anthony. ffi. PUBLIC HEARINGS A. Tentative Tract 25953 - Continued a request of Mr. & Mrs. Harold Hirsch for a one year extension of time for tract which creates 139 single family lots on 38.4 gross acres. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Chairwoman Barrows opened the public hearing. Mr. Hirsch stated he was available for any questions the Commission may have. There being no questions, Chairwoman Barrows closed the public hearing. 3. Commissioner Ellson asked if Condition #36 could be changed and required to be one story for all units along north property line. Commissioner Mosher gave a brief history as to why the two corner units were allowed to be two story. Discussion followed. PC8-11 1 Planning Commission Minutes August 11, 1992 4. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marrs to adopt Planning Commission Resolution 92.-025 recommending to the City Council approval of Tentative Tract 25953 one year extension of time, subject to conditions. ROLL CALL VOTE: AYES: Commissioners Mosher, Ellson, Marrs, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Adolph. ABSTAINING: None. B. Tentative Tract 25363: a request of Santa Rosa Developers for a one year extension of time fora tract which creates 75 single family lots on 20± acres. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. Two typographical corrections were noted regarding the Conditions of Approval #8 and #36. 2. Commissioner Ellson asked Staff if there was a possibility of the retention basin being joined with the City park. Staff stated they would look into the possibility. Discussion followed regarding maintenance and lot sizes. 3. Chairwoman Barrows opened the public hearing. Mr. Brian Esgate, applicant representative, stated he would be willing to work with the City regarding the joining of the retention basin and the City park. He further stated that all lots in the project were 7,200 square feet or more and he agreed with all of Staffs recommendations. 4. There being no further discussion, Chairwoman Barrows closed the public hearing. Discussion followed regarding amending Condition #9.A to require the development to work with the City to coordinate the park and retention basin development. 5. There being no further discussion, it was moved by Commissioner Marrs and seconded by Commissioner Ellson to adopt Planning Commission Resolution 92-026 recommending to the City Council approval of a one year extension of time for Tentative Tract 25363 subject to the amended Conditions 9.A. ROLL CALL VOTE: AYES: Commissioners Mosher, Ellson, Marrs, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Adolph. ABSTAINING: None. IV. PUBLIC COMMENT: - None PC8-11 2 Planning Commission Minutes August 11, 1992 V. BUSINESS SESSION A. Tentative Tract 24230, Lake La Quinta; a request of Wilma Pacific South Management Corporation (Dennis LaMont) for approval of a revised plan for the recreation lot at Marquessa on Lake La Quinta subdivision. 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. Mr. Jim LaLoggia, applicant, addressed the Commission and stated that Wilma Pacific and the homeowners had come to a mutual agreement regarding the changes to the recreation lot and other problems. Mr. LaLoggia presented two letters to verify the agreement. Commissioner Marrs thanked Wilma Pacific and Mr. LaLoggia for making the effort to solve the problems. 3. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Ellson to adopt Minute Motion 92-026 approving the revised recreation lot plans for Tentative Tract 24230. Unanimously approved. B. Plot Plan 91-457; a request of J. Paul Smith for a one year extension of time for a 10,000 square foot night club. 1. Associate Planner Leslie Blodgett presented the information contained in the Staff report noting amendments to Conditions #4, #10, and #11, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson inquired why Condition #8 had been deleted. Staff explained this was a Council decision during the original approval. 3. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marrs to adopt Minute Motion. 92-027 approving the one year extension of time for Plot Plan 91-457. Unanimously approved. C. Plot Plan 90-434; a request of Quiel Brothers for Wal-Mart to approve an installation of a flag pole adjacent to the store entry. 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. PC8-11 3 Planning Commission Minutes August 11, 1992 2. Chairwoman Barrows inquired if the flag pole was to be lighted. Staff stated it would not as far as we know. 3. There being no further questions, it was moved by Commissioner Ellson and seconded by Commissioner Marrs to adopt Minute Motion. 92-028 approving a one year extension of time for Plot Plan 90-434. Unanimously approved. VI. CONSENT CALENDAR A. There being no corrections to the Minutes, Commissioner Marrs moved and Commissioner Mosher seconded a motion to approve the Minutes of the regular meeting of July 14, 1992, as submitted. Unanimously approved. VH. OTHER - A. Commissioner Ellson inquired if the City was requiring the new low voltage lighting with the new construction. Staff stated they were. VIH. 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 August 25, 1992, at 7:00 P.M. in the La Quinta City ]Bull Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 7:47 P.M., August 11, 1992. PC8-11 4