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1992 09 08 PC�*•�an ♦gm41 r � � o 11 t f I T 1' 0 vuinta - 1991 ?en Carat Decade PLAMING COMMI,SSX 0AV AGENDA A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California September 8, 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 92-027 Beginning Minute Motion 92-031 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC HEARINGS 1. Item ............... CONTINUED 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- 2. Item ............... ZONING ORDINANCE AMENDMENT 92-026 - TRANSPORTATION DEMAND MANAGEMENT PLAN Applicant .......... City of La Quinta ]Location ........... City wide Request ............ To amend Title (Planning and Zoning) to include Chapter 9.162 relating to requirements for Transportation Demand Management (TDM) Plan. Action ............. Resolution 92- PC/AGENDA 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. BUSINESS SESSION 1. Item ............... CIVIC CENTER LANDSCAPING Applicant .......... City of La Quinta Location ........... Civic Center Request ............ Review and approval of concept drawing for Civic Center landscaping. Action ............. Minute Motion 92- CONSENT CALENDAR Approval of the Minutes of the regular Planning Commission meeting held August 25, 199. OTHER ADJOURNMENT STUDY SESSION MONDAY, SEPTEMBER 7, 1992 CANCELLED PC/AGENDA 2 ■:••:■ T H E C I T Y 0 P vulntd 12 - 1992 Ten Carat Decade iol cTa 2" MEMORANDUM TO: HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: SEPTEMBER 8, 1992 SUBJECT: ADULT ENTERTAINMENT ORDINANCE The City Attorney will be present to make a presentation and answer any questions you may have regarding the Adult Entertainment Ordinance which was continued from your last meeting. Attached please find the corrected Staff report and resolution. MEMOJH.212 DATE: APPLICANT: CASE NO: LOCATION: REQUEST: BACKGROUND: STAFF REPORT PLANNING COMMSSION 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 parochial elementary, junior high or 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 2 PLANNING COMMSSION 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, and 8th day of October, 1992 held duly -noticed public hearings 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 argument, 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 burden on those who wish to exercise their rights of free speech through the sexually oriented communication. RESOPC.081 1 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 surrounding 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 8th day of September, 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.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 havinc 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 it is pursuant to Chapters5m32tofothehLahQuintamMunicipaluired Code. pursuant P 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 of congregate, assemble or associate for the primary purpose 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 9876u/2588-00 -q- 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 9876u/2588-00 -5r (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. the last five years of any (h) All convictions within rrimP 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 the clerk. If one or more of the partners is a corporation, 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 am (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 or impair property values within the neighborhood. G. The applicant has received a police permit pursuant to Section 9. .030 of this Code. .040 For the purposes of subsection .020 above, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult entertainment business is conducted to the nearest property line of any lot or premises described in A through D of that subsection. 9. .050 Delineation of AE Zone Boundaries. .010 Areas of the City of La Quinta hereby designated as being within the Adult Entertainment (AE) overlay zone are those parcels located in whole or in part within six hundred (600) feet from the centerline of State Highway 111. .020 The zoning designation for the parcel shall constitute the base or underlying zone and the AE designation shall constitute an overlay zone. In the event of conflicting provisions between the underlying zone and the AE overlay zone regulations, the requirements and restrictions of the AE overlay zone shall take precedence over the requirements of the underlying zone. 07/09/91 4876u/2588-00 _8_ 9, .060 Revocation of Permits. The city manager may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke a police permit or conditional use permit; provided that written notice by certified mail of such suspension or revocation is furnished to the permittee. The permittee, within ten (10) days after receipt of notice of suspension or revocation, may file an appeal with the city clerk to be taken to the city council. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the council. If the permittee fails to take an appeal within the ten-day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. 9, .070 violation and Penalty .010 Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates, manages or conducts any adult entertainment business as defined in Chapter 9. .020 without first obtaining a conditional use permit from the City or who shall violate any provisions of this chapter, shall be guilty of a misdemeanor. Any person violating any of the provisions of this chapter shall be fined not less than One Hundred Dollars ($100.00) for each offense. Each day such violation shall continue shall be regarded as a separate offense. .020 Any establishment operated, conducted or maintained contrary to the provisions of this chapter is in unlawful and a public nuisance, and the City Attorney may, 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 have such relief as will abate or remove such jurisdiction to grant 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. PH #2 STAFF REPORT PLANNING COMMISSION MEETING DATE: SEPTEMBER 8, 1992 SUBJECT: ZONING ORDINANCE AMENDMENT 92-026 REQUEST: INCORPORATING A TRANSPORTATION DEMAND MANAGEMENT (TDM) ORDINANCE INTO TITLE 9 (PLANNING & ZONING) OF THE LA QUINTA MUNICIPAL CODE LOCATION: CITY WIDE APPLICANT: CITY OF LA QUINTA BACKGROUND When Proposition III passed in June, 1990, it established a process for each metropolitan county in California, including Riverside, to designate a Congestion Management Agency (CMA) to prepare a Congestion Management Program (CMP) . The Riverside County Transportation Commission (RCTC), was designated as the CMA for Riverside County in accordance with CMP legislation (AB 471 and AB 1791 amendments) . Since that time, CVAG has worked with RCTC to implement the CMP throughout the County, specifically the Coachella Valley. A major component of compliance with implementation requirements is the adoption, by each jurisdiction (city), of a TDM Ordinance. Without such an ordinance, a city would be found by the CMA (RCTC) to be in non-compliance, which could cause the City to forfeit its Proposition 111 gas tax funds. On February 24, 1992, CVAG's Executive Committee approved a model ordinance for adoption by each City. Generally, a City may tailor the ordinance to be consistent with its governing procedures, but may not modify the ordinance's intent. 1. Staff has gone thru several reviews with the City Attorney and with RCTC; the proposed ordinance is technically acceptable and does.meet with the intent of the Congestion Management Plan adopted by RCTC on September 11, 1991. 2. RCTC has given the cities two extensions on adopting this ordinance. Recently, RCTC extended the suspense date to December 31, 1992, due to SCAG requirements in their Regional Transportation Improvement Program. 3. The TDM Ordinance requirements are closely tied to SCAQMD's Regulation XV, which concentrates on employee commute trips; however, the TDM Ordinance also can regulate employee and customer trips to and from a project as a whole. The ordinance does allow an exemption for new projects which submit an approved Regulation XV Plan. STAFFRPT . 002 4. Staff's main concern stems from the definition of "applicable development", which in its current form is very broad. This definition would include neighborhood commercial projects such as Plaza La Quinta and the proposed La Quinta Village (Ralph's) . The wording for this definition as proposed by Staff is essentially the same as that contained in the model ordinance. This definition illustrates that the TDM requirements are intended to go a step beyond Regulation XV, in that projects as a whole are subject to the ordinance while employer worksites are subject to Regulation XV . 5. Due to certain capital improvement standards contained in the ordinance, there may be some need to amend other portions of the Municipal Code at a later date. At the time of this report, Staff has not had adequate opportunity to evaluate the full impact of this ordinance on other provisions in the code, such as parking regulations, traffic and safety, etc. However, if after review of plan submittal it is found that certain amendments need to be made to either the TDM regulations or other code provisions, Staff would address those at that time as part of the proposed mitigation measures (refer to Section III, page 5 of Environmental Assessments) . 6. The fee established in the ordinance is conservative (low) based upon the anticipated content of a TDM plan and the necessary Staff review time. It is anticipated that City Staff will need to consult RCTC or SCAQMD from time to time (informally) regarding these plans. Staff anticipates that this fee may need to be revised upward at a later date once plan reviews have been conducted. ENVIRONMENTAL CONCERNS An initial study (EA 92-237) was conducted to assess potential impacts due to implementation of the proposed TDM Ordinance. The study indicated possible impacts related to Traffic & Circulation, and Public Services. None of the impacts identified were found to be significant; some impacts were determined likely to be beneficial due to incremental traffic reduction opportunities. A Negative Declaration has been prepared. FINDINGS Findings to support adoption of the TDM Ordinance can be found in the proposed draft Planning Commission Resolution. STAFFRPT . 002 2 RECOMMENDATION Move to adopt Planning Commission Resolution 92- and confirm the environmental determination recommending the City Council adopt the Transportation Demand Management Ordinance. Attachments: 1. EA 92-237 2. Planning Commission Resolution 92- , with Exhibit "A" STAFFRPT . 002 3 ATTACHMENT * 1 Environmental Assessment No. j�-OA Case No. ENVIRONMENTAL CHECKLIST FORM Background • Name of Proponent C!^t -rvve Z 4t 001"" • Address & Phone Number of Proponent /-0-0 3vyK !,S-Z>V . Date Checklist Prepared 9Z . Agency Requiring Checklist C11-y 4;71 Gt 44.17-A . Name of Proposal, if applicable Ao,;917v--1 o7e iO o I. Environmental Impacts 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 _X in geologic substructures? b. Disruptions, displacements, compaction or j< over covering of the soil? c. Change in topography or ground surface relief features? 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 - X 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- YES MAYBE NO 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 _ X flood waters? d. Change in the amount of surface water X 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 X 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 %C water otherwise available for public water supplies? Y i. Exposure of people or property to water related hazards such as flooding or tidal waves? 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 %C 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? FnRM_nn4/rG -3- YES MAYBE NO 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of %C 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 x 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 X 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 altered governmental services in any of the 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? X 0 YES 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? MAYBE NO x YES MAYBE NO c. Does the proposal have the potential to X cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing X religious or sacred uses within the potential impact area? 21. Mandatory 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.) 9::-�E AT -11CHED X 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 significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 2,192 w Date Signature of Preparer rnpm nno/rc -7- ENVIRONMENTAL ASSESSMENT 92-237 ZONING ORDINANCE AMENDMENT 92-026 SECTION III: DISCUSSION OF ENVIRONMENTAL EVALUATION 1. EARTH; a-g: No significant impacts identified. Discussion: Minor disruptions/displacements will occur if some capital standards are met, such as construction < bicycle facilities and shower areas, shuttle parking areas, etc., which would not be required without the Ordinance in place. These occurrences would be negligible and would not measurably increase overall impact of development of a project area. Mitigation: None proposed. 2. AIR; a-c: No significant impacts identified. Discussion: Requirements of the Ordinance will likely improve air quality in the long term (increase in vehicle ridership), though the individual impact of this action would be minimal, pending incorporation of Ordinance requirements on subsequent projects at a cumulatii level. Mitigation: None proposed. 3. WATER; a-i: No significant impacts identified. Discussion: No measurable impact to water quality, quantity, flow or availability can be identified at this time. Mitigation: None required. 4. PLANT LIFE; a-d: No significant impacts identified. Discussion: It is not anticipated that the requirements of this Ordinance will impact plant life at any level. Mitigation: None required. 5. ANIMAL LIFE; a-d: No significant impacts identified. Discussion: Same response context as Item 4 - PLANT LIFE. Mitigation: None required. DOCWN.026/CS `1- 6. NOISE; a-b: No significant impacts identified. Discussion: No substantial noise impact can be foreseen as a result of adoption and implementation of this Ordinance. May reduce noise impacts due to decreased vehicle trips. Mitigation: None proposed. 7. LIGHT & GLARE: No significant impacts identified. Discussion: New impacts from light or glare sources are not anticipated. Mitigation: None proposed. 8. LAND USE: No significant impacts identified. Discussion: Present or planned land use changes which would amount to substantial alterations are not envisioned to occur due to this proposal. Some mixed use applicable developments may cluster certain tenant types to become more efficient in vehicle ridership goals, but this would amount to a beneficial impact, albeit a minimal one. Mitigation: None proposed. 9. NATURAL RESOURCES: No significant impacts identified. Discussion: No impacts are anticipated, and would be negligible in the extreme. There will likely be a nonquantifiable beneficial impact on a minor scale due to fuel savings from increased bicycling, transit ridership and ca pooling. Mitigation: None required. 10. RISK OF UPSET: No significant impact identified. Discussion: No increase in impact due to risk conditions are anticipated. Mitigation: None required. 11. POPULATION: No significant impacts identified. Discussion: Although some negligible population moves may occur due to employers providing ridership options to employees (i.e. housing relocations to optimum transit/ridership locales), the minimal land use impact (see Item #8) would indicate that this proposal will not cause significant quantitative, geographic or demographic changes in the population of any given area in the City. Mitigation: None proposed. DOCWN.026/CS -2- 12. HOUSING: No significant impact identified. Discussion: In context with discussion of Items 8 & 11, the minimal office tenancy changes and consideration of on-sii housing opportunities envisioned due to adoption of thif Ordinance would not likely create significant additional housing demand changes above that already envisioned by the La Quinta Land Use Plan, nor will it affect existinc housing conditions. Mitigation: None proposed. 13. TRANSPORTATION/CIRCULATION; a,c,e: No significant impacts identified. Discussion: The proposal will likely have a beneficial impact by reducing (consolidating) vehicle trips, thereby relieving congestion on the transportation network• There will be no impact on water, rail or air traffic. b,d,f: Potential significant impact(s) Discussion: There could be some effect on facilities, in that there may be new demand for certain types of facilities, such as Park n' Ride, bicycle facility areas, shuttle loading/parking, etc., both on and off -site. There is i slim potential that parking needs may arise if on -site housing is provided, though it is likely that most residents would be without a vehicle, as a criteria for residency. There may be circulation pattern changes du( to ride sharing and increased transit usage which may require route restructuring to service new demand areas, as well as due to changes to capital facilities to relieve congestion points and to better accommodat HOV's and transit vehicles. These changes would be considered as beneficial; however, they could increase hazards/conflict with bicycle and/or pedestrian traffic due to increased use and emphasis on these opportunitief Mitigation: The following mitigation measures are proposed in order to address the identified potential impacts: 13-1. The City shall review all applicable development projects for adequate parking facilities in conjunction with a particular project's proposed TDM Plan. Where provisions of the TDM Plal and the City's parking standards (Chapter 9.160) conflict, emphasis shall be placed on the TDM Plan provisions. 13-2. If necessary, the City shall make provisions within ii parking standards to, at a minimum, modify or eliminate any standard which conflicts with or hinders the effectiveness of a proposed TDM Plan. 13-3. The City shall review all TDM Plans and their corresponding developments to ensure that appropriate design and safety elements are incorporated to minimize conflicts between vehicular pedestrian and bicycle traffic modes. DOCWN.026/CS _3- 14. PUBLIC SERVICES; a-f: No significant impacts identified. Discussion: No measurably significant impacts are anticipated relative to service provisions. It is possible that the proposed Ordinance may generate a need for additional capital outlays for transit vehicles, but this should be a positive impact for transit service provision; air quality and circulation would not be measurably affectec by increased bus, shuttle or other transit traffic (see Items 2 & 13). Mitigation: None proposed. 15. ENERGY: No significant impacts identified. Discussion: Energy resources will not be adversely impacted by implementation of this ordinance, as it is likely that some amount of mobile energy sources will be conserved through elimination of some single occupancy vehicle trips, transit use of alternate energy sources ar increased vehicle occupancy rates. Use of any alternate energy sources is not considered substantial. Mitigation: None required. 16..UTILITIES; a-f: No significant impacts identified. Discussion: No impacts to utility systems will occur due to adoption/implementation of this Ordinance. Mitigation: None required. 17. HUMAN HEALTH: No significant impacts identified. Discussion: No impacts to human health are likely to occur. Mitigation: None required. 18. AESTHETICS: No significant impacts identified. Discussion: No aesthetic impacts are anticipated. Mitigation: None required. 19. RECREATION: No significant impacts identified. Discussion: No recreational opportunities will be affected. Mitigation: None required. DOCWN.026/CS -4- 20. CULTURAL RESOURCES; a-d: No significant impacts identified. Discussion: No impacts have been identified at this time. Mitigation: None proposed. 21. MANDATORY FINDINGS OF SIGNIFICANCE; a-d: None identified. Discussion: Adoption and implementation of this Ordinance could not cause significant environmental damage; will not impede the achievement of short or long-term environmenta goals, and in fact will serve to advance air quality goals; does not create cumulative impact based on the identified potential individual impacts; and, will not have any adverse environmental effects on human beings. PROPOSED MITIGATION MONITORING 1. The City shall review each TDM Plan and it's associated applicable development project to determine it's compliance with City parking standards. Responsibility: La Quinta Planning & Development Director (or designee) 2. Inconsistencies between parking standards and the proposed TDM Plan shall be resolved by the Planning and Development Director. Where a conflict is identified, the Planning & Development Director shall determine the appropriate method to resolve said conflict. Responsibility: La Quinta Planning & Development Director 3. The City shall employ site design review to insure that all proposed TDM operational and capital standards are designed so as to minimize conflicts between high occupancy transit, auto, bicycle, golf cart, and foot traffic (as applicable). Responsibility: La Quinta Planning & Development Director Design Review Board Planning Commission DOCWN.026/CS -5- ATTACHMENT PLANNING COMMSSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO ADD CHAPTER 9.162 TITLED "TRANSPORTATION DEMAND MANAGEMENT" TO TITLE 9 (PLANNING AND ZONING) OF THE LA QUINTA MUNICIPAL CODE. CASE NO. ZONING ORDINANCE AMENDMENT 92-026 TRANSPORTATION DEMAND MANAGEMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of September, 1992 hold a duly -noticed public hearing to recommend to the City Council the addition of Chapter 9.162, regarding the establishment of Transportation Demand Management Requirements throughout the City; and WHEREAS, this text amendment has complied with the California Environmental Quality Act of 1970, (as adopted by City Council Resolution 83-68), in that the Planning and Development Director has conducted an initial study (Environmental Assessment 92-237) and has determined that the proposed text amendment will not have a significant adverse effect on the environment and that a Negative Declaration is hereby recommended for adoption; and, WHEREAS, upon hearing and considering all testimony and argument, 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. That State law establishing requirements for development of a county -wide Congestion Management Program (AB 471 & 1791) mandates the inclusion of a trip reduction and travel demand element/ordinance. 2. That other Transportation Demand Management (TDM) program requirements have been adopted for the region including Regulation XV and .Appendix IV-C Control Measures of the Air Quality Management Plan (AQMP). 3. In general, increased traffic congestion contributes to significant deterioration in air quality; increases the inefficient use of energy resources; and adversely impacts public and private sector economies due to reduced productivity of the work force. RESOPC.083 4. Various efforts underway including implementation of the Riverside County Congestion Management Program (CMP) recognize and encourage the use of TDM strategies to increase mobility and improve the general efficiency of the transportation system by enhancing vehicle flow and shifting demand to other existing transportation facilities or services. 5. That implementation of TDM strategies at the local government level would provide significant public benefits by improving air quality; enhancing the effectiveness of the existing transportation system; and reducing energy requirements. 6. That coordinated TDM efforts among all local jurisdictions in Riverside County can contribute to air quality improvements, energy conservation, and decreases in the levels of noise and traffic congestion. 7. That the fee established for review of TDM plan, is necessary to cover costs of review by City Staff, and is neither arbitrary or excessive. 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 92-237 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 to the City Council approval of the above described Zoning Text Amendment for the reasons set forth in this Resolution and as set forth in Exhibits "A & B" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8th day of September, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RESOPC.083 KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPCe083 EXHIBIT "A" CHAPTER 9.162 TRANSPORTATION DEMAND MANAGEMENT Sections: 9.162.010 Purpose and Intent 9.162.020 Definitions 9.162.030 Applicability 9.162.040 Exemptions 9.162.050 Minimum Standards 9.162.060 Application 9.162.070 Review by Planning Director and Planning Commission 9.162.080 Appeals 9.162.090 Review for Compliance 9.162.100 Enforcement and Penalties 9.162.1110 SCAQMD Compliance 9.120.010. Purpose and Intent. This Chapter is intended to protect the public health, welfare and safety by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. This Chapter is intended to accomplish emission reductions by meeting requirements of AB 1791, including Government Code section 65089(b) (3) which requires development of a trip reduction and travel demand element to the Congestion Management Plan (CMP), and Government Code Section 65089.3(a) which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies. No building permit application for any applicable development project shall be accepted, nor shall a building permit be issued by any department, or division, unless and until a TDM Plan has been approved, or an exemption from the requirements of this Chapter is found to apply pursuant to this Chapter. 9.162.020. Definitions. For purposes of this Chapter, the definitions for the following terms shall apply: A. "Alternative Transportation Modes" means any mode of travel that serves as an alternative to the single occupant vehicle. This includes all forms of ride -sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking. B. "Applicable Development" means any new development project or change of use project that is determined to meet or exceed the employment threshold using the criteria contained in this Chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold, and may have one or more employers. DOCWN.016 1 C. "Bicycle Facilities" means any capital improvements which would benefit an employee who rides a bicycle to his or her worksite, including shower facilities, locker facilities, bicycle parking, etc. D. "Change of Use" means the alteration of the initial use of a facility to another use not related to the previous use, after the effective date of this Chapter, where some discretionary action or approval by the City Council and/or the Planning Commission is required. (Example: office space changes its use to commercial space.) E. "Developer" means the person or entity which is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this Chapter as determined by the property owner. F. "Employee" means any person employed by an "employer" as defined below. G. "Employment Generation Factors" refers to factors developed for use by the City for projecting the potential employment of any proposed development project. H. "Employer" means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs 100 or more persons at a single worksite, located within the City of La Quinta, and may either be a property owner or tenant of an applicable development project. I. "Employment Threshold" refers to the number of employees which an applicable development or employer must have for this Chapter to apply. J. "Minimum Standards" means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this Chapter. K. "Mixed -Use Development" means new development projects that combine two or more different uses. L. "New Development Project" means any non-residential project being processed where some discretionary action or approval by the City Council and/or the Planning Commission is required. M. "Peak Period" means those hours of the business day between 7:00 A.M. and 9:00 A.M. inclusive, Monday through Friday, which this Chapter identifies as the priority period for reducing work related vehicle trips. N. "Property Owner" means the legal owner of the applicable development and/or his designee (i.e., developer). F610T45WOU C. "Ride -share Facilities" means any capital improvements which would benefit an employee who rideshares to the worksite, including on -site amenities, preferential parking, and ridesharing drop-off areas at the entrance of the worksite. P. "Site Development Plan/Permit" means a precise plan of development that may be subject to public hearing before the City Council and/or Planning Commission including without limitation a specific plan, conditional use permit, public use permit, or subdivision map. Q. "Transit Facilities" means any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities. R. "Transportation Management Association" or "TMA", means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems and have the ability to collectively pool participants' resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this Chapter. S. "Transportation Demand Management" or "TDM" means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak periods. T. "Worksite" means a building or grouping of buildings located within the City which are in physical contact or separated solely by a private or public roadway or other private right of way, and which are owned or operated by the same employer (or by employers under common control). 9.162.030. Applicability. This Chapter shall apply to all new development projects and/or change of use projects that are estimated to employ a total of 100 or more persons as determined by the methodology outlined herein. For purposes of determining whether a new development project or change of use project is subject to this Chapter, the total employment figure will be determined as follows: A. Employment projections developed by the project applicant, subject to approval by the Planning Director or his or her designee; B. Employment projections developed by the Planning Director or his or her designee, using the following employee generation factors by type of use: DOCWN.016 Land Use Category Retail/Commercial Office/Professional Industrial/Manufacturing Hotel/Motel Hospital Gross Sq. Ft./Employee 500 250 525 .8 to 1.2 employees/room 300 The employment projection for a development of mixed use or multiple uses shall be calculated based upon the proportion of development devoted to each type of use. 9.162.040 Exemptions. Notwithstanding any other provisions, the following uses and activities shall be specifically exempt from this Chapter: A. Development projects and change of use projects, projected pursuant to Section 9.162.030 to employ fewer than 100 persons. B. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. C. Other temporary activities, as defined in Chapter 9 of this Code or as authorized by the City when such temporary activities shall discontinue at the end of the designated time period. D. Any employer(s) having submitted to the City an active, approved plan under The South Coast Air Quality Management District (SQAQMD) Regulation XV Program Requirements (Regulation XV). Notwithstanding this provision, projects which are exempt under this subsection shall comply with Section 9.162.110. 9.162.050. Minimum Standards. A. All applicable new developments and change of use projects shall, concurrent with application to the City for other permits and/or approvals, submit a Transportation Demand Management Plan ("TDM Plan") prepared by a traffic engineer, transportation planner or other similarly qualified professional identifying traffic impacts associated with the proposed project and including design recommendations and mitigation measures, as appropriate, to address on -site and off -site project impacts. The TDM Plan shall be in the form required by SCAQMD Regulation XV, and shall be reasonably calculated to achieve a vehicle occupancy rate (VOR) of 1.3. The TDM Plan shall also indicate specific strategies and guidelines to reduce the number of trips and increase the amount of non -vehicular transportation. DCCWN.016 4 B. All property owners of applicable new developments and change of use projects shall be subject to required capital improvement standards as specified in this Section. These standards must be individually addressed to the specific needs and capacity of the applicable development. These required standards may be used to achieve a vehicle occupancy rate (VOR) of 1.3. Property owners of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements: 1. Transit facilities (on -site and off -site); 2. Bicycle facilities; and 3. Rideshare facilities. C. All property owners of applicable new developments and change of use developments shall establish "Operational Standards" within 60 days after occupancy of the development by an employer. Operational standards shall consist of standards which employers, TMA's or a managing office of an applicable development must implement to achieve the goals of SCAQMD's Regulation XV program. D. The following options may be included in the property owner's TDM Plan to fulfill both the capital improvement standards and the operational standards: 1. Alternate work schedules/flex-time: incorporating alternate work schedules and flex -time programs (such as a 9 day/80 hour or 4 day/40 hour work schedule). 2. Telecommuting: establishing telecommuting or work at home programs to allow employees to work at home or at a satellite work center. 3. Bicycle facilities: providing bicycle parking facilities equal to 5 % of the total required automobile parking spaces; and preserve 2 % of the gross floor area for employee locker and shower facilities. 4. On -site employee housing and shuttles: providing affordable on -site housing and shuttles to and from residential and work areas. 5. Preferential parking for carpool vehicles. 6. Information center for transportation alternatives. 7. Rideshare vehicle loading areas. 8. Vanpool vehicle accessibility. 9. Bus stop improvements. DCCWN.016 5 10. On -site child care facilities. 11. Availability of electrical outlets for recharging of electric vehicles. 12. On -site amenities such as cafeterias and restaurants, automated teller machines; and other services that would eliminate the need for additional trips. 13. Airport shuttle service to hotels and spas. 14. Contributions to funds providing regional facilities such as park -and -ride lots, multi -modal transportation centers and transit alternatives in the area. 15. Incentives for mass transit usage, including without limitation, provision of a bus pass, additional pay, or flex -time. 16. Implementation of increased parking fees or new fees. 17. Restriction of business hours. 18. Restriction of delivery hours. 19. Providing a direct pedestrian path from the closest transit stop into the facility. 20. Contributing up to $1.00/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites. 21. Developing rideshare and shuttle programs at resorts/hotels. 22. Creating a golf cart circulation system. 23. If an applicable development is on a current transit route, providing a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts. 24. If an applicable development is not located on a current transit route, contributing to a fund which will be used to provide transit amenities. 25. Provisions for the implementation of bicycle lanes; and, 26. Providing other creative or innovative strategies to reduce vehicle trips. 9.162.060. Application. Every application for a TDM Plan approval shall be made in writing to the Director of Planning and Development on the forms provided by the Planning and Development Department, shall be accompanied by a filing fee as set forth in Section 9.224.010 of this Chapter, and shall include the following information: DOCWN.016 A. Name and address of the applicant. B. The proposed TDM Plan. C. Such additional information as shall be required by the application form. The Director of Planning and Development or designee shall inform the applicant within thirty days of receipt of the application whether the application is complete. When the application is complete, the Director shall, 1) If the TDM Plan is submitted in conjunction with application(s) for zone change, general plan amendment, site development plans)/permit(s), the TDM Plan shall be submitted to the Planning Commission for its approval when submitted with other development application; or 2) if 1) does not apply, the Planning and Development Director shall render a decision on the TDM Plan in accordance with Section 9.162.070. 9.162.070. _Review by Planning Director/Planning Commission. All applications for approval of TDM Plans shall be approved, conditionally approved, or disapproved by action of the Planning and Development Director or Planning Commission, whichever is applicable, based upon the standards set forth in this Chapter, within 30 clays after the application is found to be complete. A public hearing shall not be required for any TDM Plan application, unless it accompanies other permit application(s) which require such hearings. In this instance, the applicable time limits governing the requested approvals shall be in effect. The following findings must be made when the TDM Plan is approved: A. The TDM Plan conforms to all of the requirements of this Chapter, the City's General Plan, applicable specific plans, and with all applicable requirements of State law and the Ordinances of this City. B. The TDM Plan is reasonably calculated to provide a vehicle occupancy rate of 1.3 for the applicable development. 9.162.080. Appeals. A. Planning and Development Director as Decision Body. An applicant or other aggrieved party may appeal the decision of the Planning Director by appeal to the Planning Commission. Within fifteen calendar days after the date of mailing of the Planning and Development Director's decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the Planning and Development Department. Upon receipt of a completed appeal, the Planning Director shall set the matter for hearing before the Planning Commission not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The Planning Commission shall render its decision within thirty days following the close of the hearing on the appeal. DOCWN.016 7 B. Planning Commission as Decision Body. An applicant or other aggrieved party may appeal the decision of the Planning Commission by appeal to the City Council. Within fifteen calendar days after the date of mailing of the Planning Commission's decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the Planning and Development Department. Upon receipt of a completed appeal, the City Clerk shall set the matter for hearing before the City Council not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The City Council shall render its decision within thirty days following the close of the hearing on the appeal. 9.162.090. Review for Compliance. The Planning and Development Director (or designee) shall review an approved TDM Plan for compliance with this Chapter if any complaints of non-compliance are received by the City. In addition, the Planning and Development Director shall annually review each of the currently outstanding approved TDM Plans for compliance with this Chapter. After review of an approved TDM Plan, the Planning and Development Director may require revision or resubmittal of the plan upon his or her finding that one or more of the following conditions exist: A. The property owner is not complying with the TDM Plan or the terms and/or approval conditions of the TDM Plan. B. The TDM Plan has failed to comply with SCAQMD requirements and the goals of this Chapter to the level required by the TDM Plan or its approval conditions. C. Approval of the TDM Plan was obtained by fraud or perjured testimony. In the event that the Planning and Development Director determines that a TDM Plan must be resubmitted, the Plan shall be resubmitted in accordance with the procedures outlined in this Chapter as a new submittal, and the applicant shall pay the specified fee for submittal. 9.162.100 Enforcement and Penalties. For purposes of ensuring that applicable developments comply with the provisions of this Chapter, the Director of :Planning and Development shall, following written notice to the property owner of an applicable development, initiate enforcement action or actions against such property owner or designee which may include, without limitation, the following: 1. Withholding issuance of a building permit or occupancy permit; 2. Issuance of a stop work order; and/or, 3. Any enforcement methods authorized by Chapter 9.236 of this Code. DOCWN.016 8 9.162.110. SCAQMD Compliance. Each property owner which has received approval of a TDM Plan or is exempt pursuant to Chapter 9.162.040(D) shall submit to the Planning and Development Department for review copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and other correspondence from SCAQMD regarding Regulation XV conformance. The Plajzning and Development Director shall cooperate with the SCAQMD in enforcement actions initiated either by SCAQMD or the City. DCCWN.016 9 EXHIBIT "B " PLANNING CONE IISSION RESOLUTION 92- Section 9.224.010 is hereby amended to include the following fee: " 18. TDM Plan reviews (Planning and Development Director or Planning Commission). a. Initial Reviews $150.00 b. Non-compliance resubmittals $150.00 19. TDM Annual Reviews a. Planning and Development Director No Fee" DOCWN.016 10 1 T Y 0 uIntd Ten Carat Decade TO: FROM: DATE: SUBJECT: lelfoly", Qffigni(t4 MEMORANDUM HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION PLANNING & DEVELOPMENT DEPARTMENT SEPTEMBER S, 1992 PRESENTATION OF CIVIC CENTER LANDSCAPING CONCEPTS BY T.K.D. AND ASSOCIATES BACKGROUND: The City has hired T.K.D. and Associates to do the Civic Center landscaping. The consultant presented four alternatives to the City Council. The Council instructed the consultant to combine the four into two concepts and present them to the Community Services Commission, Design Review Board, and Planning Commission for their review and comment. The Community Service Commission has reviewed the two concepts but split 2-2 in their vote (Minutes attached). The Design Review Board reviewed the two concepts at their meeting of September 2nd and recommended Concepts #2B as contained in the attached drawings (draft Minutes attached). Our consultant will be present at the meeting to make a formal presentation. RECOMMENDATION: Take into consideration the recommendation of the Design Review Board and by Minute Motion 92- make a recommendation to the City Council. MEMOJH.213 STAFF REPORT DESIGN REVIEW BOARD DATE: SEPTEMBER 2, 1992 PROJECT: PRESENTATION OF CIVIC CENTER LANDSCAPING CONCEPTS BY T.K.D. AND ASSOCIATES REQUEST: REVIEW AND MAKE A RECOMMENDATION TO THE PLANNING COMMISSION OF THE DESIGN CONCEPT APPLICANT: T.K.D. AND ASSOCIATES BACKGROUND: The City has hired T.K.D. to design the Civic Center landscaping. The consultant presented four alternatives to the City Council. The Council instructed the consultant to combine the four into two concepts and present them to the Community Services Commission, Design Review Board, and Planning Commission for their review and comment. The Community Services Commission has reviewed the two concepts (minutes attached) and made suggestions. Our consultant will be present at the meeting to make a formal presentation. RECOMMENDATION: Review the two concepts and make a recommendation to the Planning Commission. Attachments: 1. Community Services Commission Minutes 2. Pamphlet prepared by T.K.D.. and Associates DRBST.034 1 COMMUNITY SERVICES COMMISSION July 27, 1992 - Meeting Minutes Page 4 Mr. Maloney agreed to return to the Commission with a development plan and associated costs for the park according to the priority system the Commissioners have discussed. 2. Discussion of Costs Associated with Community Park -North Design. Mr. Steve Lang of RSI/Purkiss-Rose has submitted preliminary cost estimates for construction of the Community Park -North, which Commissioners received in their Agenda packets. Total cost is projected at approximately $3,983,211.00. Commissioners decided to have Mr. Lang return to the Commission at a later date to discuss the priority of development of amenities suggested for the park. Commissioners expressed a desire to review and discuss supplied, scathe further, andconsidering ionthe Surveyinformation resultsthey and have been public input. 3. Comments on Introduction and Demographic Analysis of Parks Master Plan. No comments. 4. Presentation of Civic Center Landscaping Concepts by TKD and Associates. Planning Director Jerry Herman Associates. The firm was asked elements of three landscaping Council and incorporate desired the Civic Center. They further designs to Planning Commission, Services Commission, for input. introduced Tom Docsi, of TKD and by City Council to redesign some designs they had completed for elements into two new designs for directed the firm to present the Design Review Board and Community Mr. Docsi presented the two preliminary drawings to the Commission, providing some background on the project. Mr. Docsi said he had attended some of the workshops on the Fritz Burns and Community an orientation basis Park -North projectsof the Civic Center. He give the firm aid they were able to takeo landscaping a whole new look at the site plan. The area for landscaping includes the City Hall and existing building pads for the proposed Senior Center, Library Arts Foundation buildings. The La Quinta Civic Center Master Plan Program Statement furnished to the Commissioners :Included a project location map, site analysis, project a phasing pp r xim tely $1,291,500 project cost estimates. Total cwith an additional well ' ted cost is proje site cost of $80,000.00. COMMUNITY SERVICES COMMISSION July 27, 1992 - Meeting Minutes Page 5 Mr. Docsi said one of their biggest challenges for the project was an existing 14' deep retention basin left after initial grading of the site. They also had 'to look at access into the site and how the different uses and facilities would relate to each other. Access from the retention area basis presented a problem, because the other buildings and uses would not be seen from the basin, so they did a site analysis, included in the Commissioners packet, that offered some solutions. The other mandate was that the site have its own well. An appropriate location for the well -site was included in the materials furnished. Other specifics discussed were the main plaza area, which would provide for the La Quinta Arts Festival event, and additional events such as small art shows, car shows, passive recreation, work shops, lawn bowling, and croquet. Parking features, including parking off of Tampico would provides visitor parking and busing drop-off areas, to convenient locations such as the Senior Center. A series of plazas with vistas throughout the project site are included in the design. Also featured are some exciting paving patterns and colors, fountains and other features through the site that will lend itself to art booths and provide an artistic expression for the entire project. From the Program Statement, the following specifics for the site are included: GOALS 1. Provide a central community space that acts as a focal point and for civic activities. 2. Develop a multi -use open space for cultural activities and events, including open air concerts and the La Quinta Arts Festival. 3. Develop secondary use areas such as plazas and courtyards for entertainment, water features, art exhibits and workshops. 4. Provide for passive recreational activities. 5. Mitigate on site drainage and retention area. SITE USES 1. City Government and Administrative Offices 2. Public Library 3. Senior Center 4. La Quinta Arts Foundation Center 5. Arts Festival and Exhibit Grounds. 6. Passive recreation 7. On -site water detention COMMUNITY SERVICES COMMISSION July 27, 1992 - Meeting Minutes Page 6 ACTIVITIES 1. Town Hall/Public 4. Meetings 5. 2. Political 6. Rallies/Inaugurals 3. Arts Festival Building Construction Phasing Art Exhibits/Workshops Fireworks Display Open Air Concerts Phase I City Hall Construction and Landscape Phase II Senior Center Phase III Art Foundation Building Phase IV Public Library Landscape Construction Phasing Phase I Well Site and pump station Phase II Site grading Phase III Open Space hardscape/landscape and irrigation installation Phase IV Plaza and Courtyard hardscape installation RECOMMENDATION: Commissioners present were evenly divided between Concept 3A and Concept 2B. Commissioner Francis, who is also the Arts Festival Event Coordinator, felt that Concept 3A was best suited to the Arts Festival and Village Faire events. She was opposed to Concept 2B. Commissioners Nard and Dickens concurred. Commissioners Best and Thompson emphasized that Concept 2B represented a year-round use facility. It would eliminate having to build another 9-acre park facility for the Arts Festival, which is only needed for 2 of the 52 weeks of the year. The vote was split, with Commissioners Dickens, Francis and Nard for. Concept 3A and Commissioners Kennedy, Best and Thompson for Concept 2B. D. Human Services 1. Community Action Team/Gang and Graffiti Issues. Staff informed the Commission that the next Community Action Team (C.A.T.) meeting is to be held Thursday, August 13 at the YMCA. Commissioner Thompson informed the Commission that the C.A.T. had created three committees: The At Risk Committee; Community Resources Committee; and the Safe Schools Committee. All three are preparing reports and action plans. Design Review Board Minute September 2, 1992 4. Mr. Beckner asked the Board to comment on the frontage of the major. Discussion followed regarding the building texture, color changes, rounded corners, the appearance of skylighting, the beam affect, and the arcade. 5. Following the discussion, it was stated by all the Boardmembers that the drawings were a marked improvement and had a more southwestern look. 6. Planning Commissioner Adolph asked that the squares on the frontage not be recessed but be replaced with colored tiles. Boardmember Anderson asked that the wainscot be replaced with a texture and color change separated by a reveal (indentation). 7. There being no further comment, it was moved by Boardmember Anderson and seconded by Boardmember Rice to recommend approval to the Planning Commission of the new architectural plans subject to modifications regarding tiles and wainscot. Unanimously approved on a 4-0-3 vote. B. Civic Center Landscaping; a request of T.K.D. and Associates for approval and recommendation of landscaping design concepts. 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. Tom Doczi, of T.K.D. gave a presentation of two design concepts with a slide presentation. 3. Following the presentation Chairman Harbison stated his preference was for #2B as the walkways were less restrictive. Boardmember Anderson stated he also like #2B as he liked the strong linear look with the art work being concentrated in designated areas. 4. Planning Commissioner Adolph stated he preferred a more free flowing movement and a more meandering sidewalk. Boardmember Rice agreed and felt that #2A lent itself to that look. 5. Planning Commissioner Adolph inquired if there was to be any fencing security. Mr. Doczi stated it would be fenced. 6. Planning and Development Director Jerry Herman asked the Board to look DRBM9/2 2 Design Review Board Minute September 2, 1992 beyond the art displays and consider the design as it relates to an overall use for all functions/activities during the year. Discussion followed regarding the design layouts. 7. There being no further discussion, it was moved by Boardmember Anderson and seconded by Boardmember Rice to recommend approval of Design #2B to the Planning Commission. The motion passed on a 3-1-3 vote with Planning Commissioner Adolph voting no. IV. CONSENT CALENDAR A. Boardmember Anderson asked that the minutes be changed under "Adjournment" that it be changed from Chairman Anderson to Boardmember Anderson. There being no further corrections, it was moved by Boardmember Anderson and seconded by Boardmember Rice to approve the Minutes of August 5, 1992, as corrected. Unanimously approved. V. OTHER A. Planning and Development Director Jerry Herman informed the members that the landscape test plot had been planted at the Civic Center in front of the Lusardi trailer. Members were invited to go by and inspect it at any time. VI. AWO It was moved by Planning Commissioner Adolph and seconded by Boardmember Anderson to adjourn to a regular meeting of the Design Review Board on October 7, 1992, at 5:30 P.M. This meeting of the La Quinta Design Review Board was adjourned at 6:46 P.M., September 2, 1992. DRBM9/2 3 N ON O\ =1 9 z a a E*l Y ° N a A v � bq a 0. 0 O 0 O� y fnaamua % ■mrr"rmrn� O , O 00 r r x � r ■ Q ■ ■ � r O r : ■ =LidU : r ■ h^ O ■ O ■ s Or e j(��jjj r " 5 : � r r B #r■■■" Una ■aaanot am it■Mao �".�■■■"� < Syr■■■.. 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ZS p � o � o w szLr W 4>� zrz a>�� o � (Z3 a sy a o� 4z '�V•V��b�le�i O� N4,��� td N h O O cq a W U ►� j Cf v (y o� tr U fi 4ti N � o Gco� cl�� :�oQocs b�o o o o o 0 0 0 0 0 y y Zz 00 a M o 0 M O-Q b N b 00 b ti fi 69 �9 fi 69 d3 64 co� G14 Ofi fi0 O co� II v v ta a, 1 V Y fi w CS q, Cs oo ��' b4 'Z3'Zt CS O R it3fi ° Fr tit a �W C4 �`bl v 1 � `�i �I !-• � � � H a a cj R o U Q m o o rat4� O � o 'eu a� ti o yz o� Qufi A .ofi a bo fu ho M O aho zz k `ti mCZ ho rr z _k O y en 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 25, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called. to order at 7:04 P.M. by Chairwoman Barrows. ]Planning Director Jerry Herman led the flag salute. H. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Ellson, Marrs, Adolph, and Chairwoman Barrows. Commissioner Marrs moved and Commissioner Ellson seconded a motion to excuse Commissioner Mosher. Unanimously approved. B. Staff Present: Principal Planner Stan Sawa, Principal Planner Fred Baker, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Zoning Ordinance Text Amendment 92-027, a request of the City to amend Chapter 9, Planning and Zoning, relating to the regulation of Adult Entertainment. 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. Commissioner Ellson pointed out some grammatical corrections and asked Staff to define what a "social Club" was. She felt the term was vague and too loose a definition. In addition, she inquired why the theaters were defined according to their seating capacity. 3. Commissioner Adolph inquired if a high school should be included and also why gambling was excluded. Planning Director Jerry Herman stated that high schools were mentioned in the ordinance and gambling was omitted because this ordinance was meant to deal with sexually oriented businesses. Discussion followed relative to the limitations of the existing ordinance. 1 0 Planning Commission Minutes August 11, 1992 4. Chairwoman Barrows opened the public hearing. Mr. Craig Yamasaki, ARCO Products, stated this may be an appropriate place for an eight foot berm wall. There being no further comment, Chairwoman Barrows closed the public hearing. 5. Commissioner Marrs questioned the need to be so explicit as to the kinds of businesses allowed. Planning Director Jerry Herman stated that according to the City Attorney you need to be explicit and broad in terms of uses to be sure the City can regulate and condition any proposed use. Discussion followed among the Commissioners and Staff regarding the definitions. The Commission continued to expressed great concern regarding listing all the uses in that they felt it might encourage those type of uses in La Quinta. 5. Following the discussion and based upon the Commission's concern regarding the content of the Ordinance, Planning Director Jerry Herman he would ask the City Attorney to be present to answer the Commission's questions at their next meeting. Based upon this, Commissioner Marrs moved and Commissioner Ellson seconded a motion to continue the matter to their next meeting of September 8, 1992. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, and Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher. ABSTAINING: None. IV. PUBLIC CO1 EMWNT: - None V. BUSINESS SESSION A. Sign Approval 92-177; a request of ARCO Products Company for approval of a sign adjustment for a service station and mini -market. 1. Commissioner Adolph withdrew from the meeting due to a possible conflict of interest. 2. 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. 3. Mr. Craig Yamasaki, ARCO Products, gave a brief summary of their request. Commissioner Ellson question the number of signs that appeared on the renderings. She understood the approval was for two signs and the renderings showed four. Mr. Yamasaki stated there were only two. The renderings were drawn at an angle and it appeared to be four. i Planning commission Minutes August 11, 1992 4. Commissioner Ellson asked if there was a need for a sign on the canopy. Mr. Yamasakistated they felt that due to what they felt was a small pricing sign, the additional sign was needed. 5. Chairwoman Barrows inquired if ARCO had any plans in the future to carry Methanol, Mr. Yamasaki stated that approximately in the year 1997 ARCO planned to carry a fuel equal to Methanol. 6. There being no further discussion, it was moved by Commissioner Marrs and seconded by Commissioner Ellson to adopt Minute Motion 92-029 approving Sign Approval 92-177 for the sign adjustment. Unanimously approved. Commissioner Adolph rejoined the Commission at this time. B. Consideration of General Plan Master Environmental Assessment; a request of the City for a recommendation to the City Council for adoption of the MEA for the General Plan. 1. Principal Planner Fred Baker presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson expressed her approval of the document and stated it was exceptionally well written. All Commissioners agreed. She then pointed out the following corrections: a. Page 2-9, Section 88-019: "..bounded by Fred Waring Drive on the south and Adams Street on the (east or west side)." b. Page 2-28, Community Commercial: "The shopping center located at the southwest corner of Highway 111 and Washington Street includes a supermarket, hardware store (omit non exists)..." C. Page 2-40, the labeling on the table is out of order. d. Page 3-12, a loss of 1,000 cars between Jefferson Street and Washington Street. Questions the amount. e. Page 4-3, need to add statement as to average response time. f. Page 4-1.0, need the map to identify the graph. g. Page 4-11, need to update the location of the existing school. 3 Planning Commission Minutes August 11, 1992 h. Page 4-13, need to state post high school not graduate. i. Page 4-15: "..primarily by resort guests and/or members of exclusive communities (change to club)." Page 4-17, Table 4.4: Total Neighborhood/Community Parks numbers need to be moved over one column. k. Page 4-20, need to add information regarding build out figures. 3. There being no further discussion, it was moved by Commissioner Ellson and seconded by Commissioner Marrs to adopt Minute Motion 92-030 recommending approval of the General Plan Master Environmental Assessment to the City Council as amended. Unanimously approved. VI. CONSENT CALENDAR A. Commissioner Ellson asked that Page 4, #3. be changed to read, "..approving the installation of a flag pole adjacent to the store entry for ...". There being no further corrections to the Minutes, Commissioner Marrs moved and Commissioner Ellson seconded a motion to approve the Minutes of the regular meeting of August 11, 1992, as corrected. Unanimously approved. VH. OTHER -None VIH. ADJOURNMENT A motion was made by Commissioner Ellson and seconded by Commissioner Adolph to adjourn this regular meeting of the Planning Commission to a regular meeting on September 8, 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 8:14 P.M., August 25, 1992. 4