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1992 10 27 PC• a AL 11 E aQ2 - 199 uln. Ten Carat! r A Regular Meeting to be Held at the La Quinta City Hall Council Chambers 78-105 Calle Estado La Quinta, California October 27, 1992 7:00 P.M. **NOTE** ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED TO THE NEXT COMNIISSION MEETING Beginning Resolution 92-038 Beginning Minute Motion 92-033 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC HEARINGS 1. Item ............... ZONING ORDINANCE AMENDMENT 92-030 Applicant .......... City of La Quinta Location ........... City wide Request ............ Amendment to Title 6 of the Municipal Code to add requirements for fugitive dust control Action ............. Request to continue to November 10, 1992 2. Item ............... ZONING TEXT AMENDMENT 92-031 Applicant .......... City of La Quinta Location ........... Park and North Village Subzones. Request ............ Amend Sections 9.90.072 and 9.90.074 by listing Group 10 uses under the permitted uses section rather than the conditional use section. This action would permit live entertainment as a permitted use. Action ............. Resolution 92- PC/AGENDA 1 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 ............... SIGN APPROVAL 92-182 Applicant .......... Payless Shoesource Stores Location ...... . .... Within shopping center on north side of Highway 111 between Washington Street and Adams Street. Request ............ Approval of a sign program deviation for a store in the 111 La Quinta Center. Action ............. Minute Motion 92- CONSENT CALENDAR Approval of the Minutes of the regular Planning Commission meeting held October 13, 199. ADJOURNMENT STUDY SESSION MONDAY, OCTOBER 26, 1992 4:00 P.M. 1. All Agenda items. PC/AGENDA 2 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 October 13, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:08 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. B. Commissioner Ellson moved to excuse Commissioner Mosher. Commissioner Marrs seconded the motion and it passed unanimously. C. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, Associate Planner Leslie Blodgett, and Department Secretary Betty Anthony. M. PUIBLIC HEARINGS A. Tentative Tract 26718; a request of Walter Hansch for approval of a tentative tract map to create 125 single family lots on 39± acres in the R-1 zone. 1. Chairwoman Barrows opened the public hearing and stated that the Applicant requested the matter be continued to December 8, 1992. There being no one wishing to speak, Commissioner Ellson moved and Commissioner Adolph seconded a motion to continue this matter to their meeting of December 8, 1992. Unanimously approved. B. Tentative Tract 26855; a request of Sumbad and Sharron Kanlian for approval of a tentative tract map to create 73 single family lots on ±23 acres in the R-1 zone. 1. Chairwoman Barrows opened the public hearing and stated that the Applicant requested the matter be continued to December 8, 1992. There being no one wishing to speak, Commissioner Marrs moved and Commissioner Ellson seconded a motion to continue this matter to their meeting of December 8, 1992. Unanimously approved. PC10-13 1 Planning Commission Minutes October 13, 1992 C. Tentative Tract 2489,0; a request of J. M. Peters for approval of a second one year time extension for the balance of their tentative tract which divides 404± acres into 392± residential lots in the R-1 zone. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson asked Staff why the landscaping had not been required to be installed on Park Avenue, 52nd Avenue, Jefferson Street, and Calle Tampico. Assistant City Engineer Steve Speer stated that bonds had been required to assure the landscaping but they were attached to Phase I which had not been built yet. The Engineering Department has added a Condition #42 to require the landscaping be done as the additional phases are constructed. Discussion followed regarding the phases and time of the landscaping. 3. Chairwoman Barrows opened the public hearing. Mr. Bob Trapp, representing J. M. Peters Company, stated the company had been released from the R.T.C. as of August 12, 1992, and they are rapidly trying to arrange financing to continue to build the project. 4. Commissioner Adolph . asked the Applicant why they had not undergrounded the utilities lines on Jefferson Street. Mr. Trapp asked Mr. Lloyd Watson, Landmark Land Company to explain. Mr. Watson stated that when Imperial Irrigation District put the high voltage lines in it was told to them it was cost preventive to underground the lines. Discussion followed regarding possible ways this could be accomplished. Assistant City Engineer Steve Speer stated he would check with I.I.D. to see if this was possible. 5. Commissioner Ellson asked if the Applicant had plans to leave the Jefferson side of the project open or was a wall planned. Staff stated they were required to have a wall with a wrought iron break. 6. There being no further discussion, Chairwoman Barrows closed the public hearing. It was moved by Commissioner Ellson and seconded by Commissioner Adolph to adopt Planning Commissioner Resolution 92-033 recommending approval of this second one year extension of time for Tentative Tract 26251 to the City Council subject to the revised conditions, noting that perimeter landscaping should be installed as soon as possible. PC10-13 2 Planning Commission Minutes October 13, 1992 4. Commissioner Ellson asked the Applicant if it was possible to have an access from the single family units to the multi -family units. Mr. Hanes stated they purposely separated the two areas to keep the traffic flowing from Washington Street through to Miles Avenue. 5. Commissioner Adolph inquired if the Applicant could revise the map to move the park adjacent to the single family section to allow both access to the park area. Discussion followed regarding the location of the park. 6. Mr. Tim Bartlett, representing Baxley Properties, asked that the Commission approve the extension as he had a possible developer for the single family section. In addition, he questioned the rezoning of the park area from commercial to open space due to the high number of people who could utilize the commercial. 7. Commissioner Ellson asked Staff how locked in the specific plan was. Staff noted changes could be made at this time. Staff discussed the different possibilities with the Commissioners. 8. Ms. Monica Nielson, a property owner in the Acacia Development, asked that the Commission leave the zoning for the park and not allow the commercial. 9. Ms. Katie Tomas, a property owner in the Acacia Development, stated her objection to the two story units, the amount of density, and the need for more exit and access points. 10. There being no further discussion, Chairwoman Barrows closed the public hearing. 11. Chairwoman Barrows stated her approval and noted that this could provide housing for a diversity of incomes. 12. Commissioners discussed the layout and density of the project and possible alternatives. Staff pointed out that this might better be discussed when the plot plan application is before them. 13. There being no further discussion, it was moved by Commissioner Adolph and seconded by Commissioner Marrs to adopt Planning Commission Resolution 92-035 recommending approval of the proposed amendment to Specific Plan 88-012 to the City Council. PC10-13 4 Planning Commission Minutes October 13, 1992 ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. D. Tentative Tract 26251; a request of Landmark Land Company for approval of a one year extension of time. 1. Associate Planner Leslie Blodgett presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. There being no questions of Staff, Chairwoman Barrows opened the public hearing. No one wished to address the Commission and Chairwoman Barrows closed the public hearing. 3. Commissioner Marrs moved and Commissioner Ellson seconded a motion to adopt Planning Commission Resolution 92-034 recommending approval of a first one year time extension for Tentative Tract 26251 to the City Council subject to the attached conditions. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. E. Tentative Tract 23995, Extension #2 and Specific Plan 88-012. Amendment #2; a request of A. G. Spanos for approval of a second one year time extension for the tentative tract and a request to amend the specific plan. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson clarified the zoning of the multi -family and single family sections with Staff and stated she had a problem with the high density. She further asked if the park could be used for a day care center. Staff stated it was primarily designed for open space/recreation area. Discussion followed regarding the density and the park location. 3. Chairwoman Barrows opened the public hearing. Mr. Ray Hanes, representing A. G. Spanos spoke regarding the project. PC10-13 3 Planning Commission Minutes October 13, 1992 ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. 14. Commissioner Adolph moved and Commissioner Marrs seconded a motion to adopt Planning Commission Resolution 92-036 recommending approval of a second one year time extension for Tentative Tract 23995 subject to Conditions of Approval. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. F. Specific Plan 89-014, Amendment #1; a request of TDC for approval of an amendment to the specific plan to allow drive through facilities within the shopping center. 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. In addition, he stated that a condition should be added as Section D regarding circulation and stacking. 2. There being no questions of Staff, Chairwoman Barrows opened the public hearing. Mr. Tom Childers, representing Washington Adams Partnership, clarified myths regarding the air pollutant problems regarding drive through and gave a history of the project. He noted Carl's Jr. was one of the restaurants. 3. Commissioner Adolph asked the Applicant if the fast food establishments would utilize one or two windows for the drive through. Mr. Childers stated that at least two have plans for two. The Commission indicated that two windows would be preferred. 4. Chairwoman Barrows asked Mr. Childers if he could state who the other users were. Mr. Childers stated he would prefer not to as they did not have signed contracts yet. PC10-13 5 Planning Commission Minutes October 13, 1992 5. Commissioner Ellson asked if the Applicant had any other pads under consideration by tenants. Mr. Childers went through the different pad areas and stated the uses that were planned or being negotiated. Discussion followed regarding the pads and uses. 6. Commissioner Adolph inquired about the use of Pepper trees and the possible problems with roots. Discussion followed regarding trees. 7. 'There being no further discussion, Chairwoman Barrows closed the public hearing. Commissioner Marrs moved and Commissioner Ellson seconded a motion to adopt Planning Commission Resolution 92-037 recommending approval to the City Council of approval of an amendment to the specific plan to allow drive through facilities within the shopping center subject to the amended conditions which added a requirement on circulation and stacking and a minimum of two drive through access windows for each user. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. IV. PUBLIC COMMENT: - None V. BUSINESS SESSION - None VI. CONSENT CALENDAR A. There being no corrections Commissioner Adolph moved that the Minutes of September 22, 1992 and September 28, 1992, be approve as submitted. Commissioner Ellson seconded the motion and it carried unanimously. VH. OTHER - Planning Director Jerry Herman asked that the Commissioners review the plans for the 66 acre Service Center Master Plan area and make any comments for the consultants. Commissioner Ellson asked that Staff give a history on this project. Staff gave a history and discussion followed regarding the different uses proposed. PC10-13 6 Planning Commission Minutes October 13, 1992 VM. ADJOURNMENT A motion was made by Commissioner Marrs and seconded by Commissioner Adolph to adjourn this regular meeting of the Planning Commission to a regular meeting on October 27, 1992, at 7:00 P.M. at the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 8:46 P.M., October 13, 1992. PC10-13 PH #1 MEMORANDUM TO: HONORABLE CHAIRWOMAN & PLANNING COMMISSION MEMBERS FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: OCTOBER 27, 1992 SUBJECT: ZONING ORDINANCE AMENDMENT 92-030 REQUIREMENTS FOR FUGITIVE DUST CONTROL BACKGROUND: Staff has been working with CVAG's Technical Working Group for PM10 over the last year to develop the subject ordinance, which is necessary for all cities to adopt in order to allow EPA to issue final approval of the State Implementation Plan (SIP) for PM10 in the Coachella Valley. The SIP sets forth measures intended to bring the valley into attainment with State Ambient Air Quality Standards for PM10. The Coachella Valley is currently a non -attainment area; continued noncompliance with standards could result in sanction, such as FHWA funds a possible development moratoriums imposed through EPA. REQUEST: Staff requests a continuance 10, 1992 in order to further the City Attorney additional proposed ordinance. A full next meeting. RECOMMENDATION: to your next meeting on November refine the ordinance and to allow time to complete review of the report will be before you at the Move to continue consideration of Zoning Ordinance Amendment 92-030 to the next regular meeting of November 10, 1992. MEMOWN.046/CS PH #2 STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 27, 1992 CASE NO: ZONING TEXT AMENDMENT 92-031 APPLICANT: CITY OF LA, QUINTA REQUEST: AMEND SECTIONS 9.90.072 C-V-P "PARK" SUBZONE AND 9.90.074 C-V-N "NORTH" SUBZONE BY LISTING GROUP 10 USES UNDER THE PERMITTED USES SECTION RATHER THAN THE CONDITIONAL USE SECTION. THIS ACTION WOULD PERMIT LIVE ENTERTAINMENT AS A PERMITTED USE. BACKGROUND: The City Council on October 6, 1992, directed Staff to start the Amendment process to consider amending the Park and North Subzones by listing Group 10 uses under the permitted uses section rather than the Conditional Use Section. Currently, of the five subzones (Park, North, Tampico, Core and South) the Park and North Subzones identify Group 10 uses as conditional uses, the Tampico Subzone prohibits Group 10 uses and the Core and South Zones as permitted uses. Group 10 uses include food service uses plus indoor and patio services (no drive-in or drive- thru), on site alcoholic beverage consumption, live entertainment (indoors), live or recorded entertainment outdoors, dance floor, and recreational accessory use. Restrictions may be applied to the use pertaining to hours of operation, noise, capacity, size of group and acoustic versus electronic amplification. Examples include restaurant, cocktail lounge, bar and grill, night club, cafe, coffee house, pizza with wine and beer. In addition, regulations found in Chapter 5.12 must also be complied with if dancing is proposed. ANALYSIS: 1. This Amendment does not eliminate the specific review process for Group 10 uses. 2. Enough restrictions exist within the Group 10 category to address compatibility of adjacent uses. PCST.083 1 3. Two of the five existing Village Subzones permit Group 10 uses without requiring a conditional use permit. 4. The Park Subzone is adjacent to residential uses and as such outdoor entertainment should be prohibited. RECOMMENDATION: Move to adopt Planning Commission Resolution 92- recommending to the City Council approval of the Amendment as illustrated in Exhibit "A". PCST.083 2 ATTACHMENT 1 9.90.072 C-V-P "Park" subzone. A. Purpose. The park subzone of the village is meant to provide a medium intensity clustering of commercial offices, eating places, and some residential on the north and south sides of La Quinta Park. A pedestrian emphasis applies to the park subzone. B. Permitted Uses. Uses generally permitted in the village commercial zone are listed and described in detain in Section 9.90.020. In the C•V-P (park) subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a full description and examples, refer to Section 9.90.020. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this subzone. 1. Group 3 Uses: Residential as a secondary use; Z Group 4 Uses: Detached professional studios; 3. Group 6 Uses: Offices; 4. Group 7 Uses: Services and limited sales within offices; 5. Group 8 Uses: Personal services; 6. Group 9 Uses: Food service; 7. Group 12 Uses: Classes; 8. Group 13 Uses: Art display; 9. Group 14 Uses: Small goods sales or rental; 10. Group 15 Uses: Parking lots, private lots, on -site only, off -site lots only if in public ownership and operation. C Accessory Uses. In addition to the accessory uses permitted as described in Section 9.90.030, in the park subzone the following accessory uses shall be permitted: 1. Outdoor display and sales of original or limited -edition reproductions of art works; provided that: a. All such outdoor displays and sales take place on private property with the written consent of the owner or agent of the property (art shows on public property will require an Outdoor Temporary Minor Event Permit, pursuant to Chapter 9116); and, b. Saks of art works are conducted by entities having a valid, current La Quinta business license or the proceeds of the outdoor sales benefit a charitable, tax-exempt institution and related City require- ments for solicitation have been complied with; c. No display or sales of art works blocks the required pedestrian walkways; a clear area of a munimum width of four feet shall be left adjacent to the street and to each building entry or exit; and, d. All booths, stalls, carts, or other equipment for outdoor display and sales of art works, at the close of each business day, shag be removed or immobilized and segued so as to prevent it from becoming a public safety bazard, nuisance, or a security rislc; e. The operation of outdoor display and sales of art works shall be conducted in such a fashion that it does not constitute a threat to the health, safety, or welfare of the public, or become a recurring public nuisance. D. Conditional Uses. By conditional use permit, pursuant to Chapter 9.172, in the park subzone, the following may be permitted. 1. Group 10 Uses: food service plus other attractions; Z Exceeding a stated upper limit for a permitted use; 3. Special parking lot designs which.do not meet development standards; i L Development Standards. Pursuant to the village specific plan, in addition to the general develop- ment standards contained in Section 9.90.060 for the C-V zone, within the C-V-P subzone, the following particular development standards shall apply. 1. Setbacks. (See VSP Sections 4.8.2 and 6.13 for Mustrations.) a. In the park subzone, the structure's front shall extend to the front property line, with ten feet of ground floor left open and reserved as a clear pedestrian walkway easement, covered with a second story, balcony, or shade structure; or b. The structure's front shall be set back ten feet from the front property line for a clear pedestrian walkway easement, shaded by landscaping, or with a further setback of the ground floor at least ten additional feet to achieve either structurally shaded space, or a landscaped area, or a fountain, or an art display area, or a patio, or a courtyard, or a combination; or c. A combination of (a) and (b), above, to achieve variety and interesting pedestrian areas. d. Rear setbacks shall comply with the following standards: i. The structure's rear shall extend no closer than five feet from the rear property line, with the ground floor set back an additional twenty feet, over which may extend a second story, a balcony, or a shade structure to provide a shaded parking area, or iL A total structural setback of at least twenty-five feet from the rear property line, with shade. provided to any parking by landscaping, or UL A combination of subdivisions (i) and (ii) of this subsection, iv. Lots with frontage (or "rear frontage") on either Eisenhower Drive or Avenida Navarro shall treat such frontage as if it were a font. e. Side setbacks shall be zero for interior lot lines, and for exterior (corner or through -lot) lot lines, the setbacks shall be the same as for front setbacks. 2 Building Separations and Transitions. In the C-V-P subzone, the intent is to integrate adjacent buildings and to eliminate separations between the sides of buildings whenever possible. Structural design, roof lines, eaves, side walls, placement with respect to side property lines, transitions between buildings, and similar matters will be determined by design review on a case -by -case basis. (See VSP Section 6.2 for discussion, and throughout for illustrations.) 3. Building Height. In order to preserve the pedestrian scale of development in the park subzone of the C-V zone, a height limitation of thirty feet shall apply to the general mass of structures, although specific features of less than fifteen percent of the horizontal area of the structure may exceed that limit to a maximum height of forty feet. 4. Parking e. In order to preserve the pedestrian orientation of the park subzone, parking shall not be placed on -site on the fronts or sides of structures. On -site parking shall generally be placed in the rear of parcels. (See VSP Sections 4.6.3 and 6.7, and Figures 4-5 and 4-12, for discussion and Mustrations.) b. On -site parking in the C-V-P subzone shall provide a minimum of seventy-five percent of the required off-street parking for the uses, as specified by Chapter 9.160. The remaining twenty-five percent required off-street parking may be provided on -site or off -site, pursuant to Chapter 9.160. c. At least fifty percent of all parking shall be shaded S. Servicing. In order to preserve pedestrian orientation of the park subzone, all servicing, loading, and solid waste collection shall take place off-street at the rear of properties, away from pedestrian ways, generally in screened bays provided off alleys, parking areas, or in screened internal spaces if alleys are not available. 6. Pedestrian Provisions. (See VSP Section 6.1.1 and following Sections and Figure 4-7.) a. Along the street faces of each lot, a pedestrian walkway easement shall be provided, a minimum ten feet in width, either adjacent to the property line, or set back sufficient distance to offset for the depth of pillars, arches, and other supports for shade structures or second -story overhangs, or the depth of street -side landscaped areas. Where there is sufficient room within the right-of-way for the walkway, it 2 may be provided in the right-of-way, or it may meander between the right-of-way and a pedestrian easement. b. Mid -block pedestrian easements with generally north/south alignments (minimum ten -foot widths) (no more than one per block face) may also be permitted. c. At least fifty percent of the area of each walkway on easttwest streets shall be shaded. d. On north/south streets, at least fifty percent of the lot width shall be shaded for the f m depth of the pedestrian walkway. e. Mid -block pedestrian walkways shall be shaded for no less than fifty percent of their area L Displays, display windows, entryways, and signage shall be designed to be primarily visible for pedestrian traffic. g. Because the park subzone is surrounded by residential uses, and because parking will be provided on both sides of structures, all visible sides of each structure shall be considered a potential pedestrian approach. Displays, display windows, entryways, signage, lighting, landscaping, and architectural treat- ment shall be provided on all visible sides of each structure. 7. Signage. Signs in the park subzone of the C-V zone shall be pedestrian in sale and orientation. All signs shall comply with Chapter 9.212 of this title, except that more restrictive provisions of the design standards for the village shall apply. (See VSP Sections 4.8.7 and 6.5.). (Ord. 152 11 (pa 1989) 3 9.90.074 C•V-N "North" subzone. A. Purpose. The north subzone of the village is meant to provide an area for commercial offices in an automobile -oriented setting. B. Permitted Uses. Uses generally permitted in the village commercial zone are listed and described in detail in Section 9.90.020. In the C-V-N (North) subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a hill description and examples, refer to Section 9.90.020 of this chapter. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this subzone. 1. Group 6 Uses: Offices; 2. Group 7 Uses: Services and limited sales within offices; 3. Group 15 Uses: Parking lots (on -site only). C. Accessory Uses permitted. Accessory uses in the North subzone shall be as described in Section 9.90.030. D. Conditional Uses. By condit<onal use permit, pursuant to Chapter 9.172, in the north subzone, the following may be permitted: 1. Group 4 Uses: Detached professional studios; 2. Group 8 Uses: Personal services; 3. Group 9 Uses: Food service, indoor service only; 4. Group 10 Uses: Food service plus other attractions; 5. Group 11 Uses: Public assembly, 6. Group 12 Uses: Classes; 7. Group 13 Uses: Art display; 8. Group 14 Uses: Small goods sales or rental; 9. Group 16 Uses: Retail sales of fuels, lubricants, and fluids for motor vehicles, provided that lubricants and fluids are sold where fuels are also sold. E Development Standards. Pursuant to the village specific plan, in addition to the general develop- ment standards contained in Section 9.90.060 for the C-V zone, within the C-V-N subzone, the following particular development standards shall apply (see VSP, especially Figure 4-8): 1. Setbacks. In the C-V-N subzone, front, rear, and side setbacla shall be twenty-five feet. 2. Building Separations. In the C-V-N subzone, buildings on the same property shall be separated by a minimum of twenty feet 3. Building Height. A height limitation of thirty-five feet shall apply to the general mass of structures, although specific features of less than fifteen percent of the horizontal area of the structure may exceed that limit to a maximum height of forty feet 4. Parking. The orientation of the north subzone is toward the automobile. (See VSP Sections 4.63 and 6.7 for discussion and illustrations.) a. On -site parking in the C-V-N subzone shall provide a minimum of one hundred percent of the required off-street parking for the uses as specified by Chapter 9.160. Parking may be arranged and placed in any locations on -site which meet design standards of Chapter 9.160, provided that peripheral screening is installed and maintained as required. rl b. At least fifty percent of all parking shall be shaded. S. Servicing. All servicing, loading, and solid waste collection shall take place on -site in screened locations which do not interfere with parking, maneuvering, or fire lanes. 6. Pedestrian Provisions. a. Along the street faces of Calle Tampico, Eisenhower Drive, and any extensions of Avenida Bermudas and Desert Club Drive, a pedestrian walkway shall be provided, a minimum sic feet in width. The walkway shall be placed either in the right-of-way between the pavement edge and the ultimate right-of-way line (if space permits); or on an easement on the parcel adjacent to the property line or set back sufficient distance to offset for the depth of landscaped areas; or a combination of both; or meandering across the ultimate right-of-way line, utilizing both right-of-way and walkway easements. b. Pedestrian walkways on north/south streets shall be shaded for no less than twenty-five percent of their area. c. On -site pedestrian walkways shall be provided for parking areas which are more than sixty-five feet removed from the structure requiring the parking. Walkways shall connect with the nearest sidewalk leading to the entrance(s) to the structure. Walkways whose combined length from parking area to the entrance or a shade structure exceeds one hundred feet shall be shaded for fifty percent of their area 7. Landscaping. Major emphasis in the north subzone shall be for shade and screening for parking areas and associated pedestrian walkways. (See VSP Sections 4.8 and 6.3.1, and Table 6-1.) 8. Signage. Signs in the north subzone shall focus on commercial center or complex identification, oriented to views from automobile traffic. Internal site signage shall be scaled appropriately to its purpose and function. Building identification shall be oriented to parking lot access. Uses within buildings shall be provided with pedestrian directories. It is not intended that all occupants of the C-V-N subzone have equal signage exposure to the public right-of-way. All signs shall comply with Chapter 9.212 of this title, except that more restrictive provisions of the design standards for the village shall apply. (See VSP Sections 4.8.7 and 6.5.) 9. Vehicular access to properties. a. From Calle Tampico: Additional access points from Calle Tampico shall be a minimum of three hundred thirty feet removed from the right-of-way line of the intersections with Eisenhower Drive and Avenida Bermudas, and line up with an existing street if possible. No additional direct access points shall be permitted between Avenida Bermudas and Desert Club Drive. Properties in this block shall take access off extensions of Bermudas or Desert Club at a point no less than two hundred feet north of the Calle Tampico right-of-way line. b. From Eisenhower: Access points from Eisenhower Drive shall be no less than three hundred thirty feet north of the Calle Tampico right-of-way line. (Ord.152 § 1 (part),1989) Group 9. Food service: prepared foods sold for on -site consumption and/or carry -out, indoor and patio service, (no drive-in or drive -through), no live entertainment, no alcoholic beverages. Examples: restaurant, sandwich shop, delicatessen, cafe, cafeteria, tea room, coffee shop, ice cream shop, yogurt shop, burger shop, pizza shop, ethnic foods, bakery shop, bagel shop, fudge or candy shop, vending machine food, health food bar, caterer with on -site production. Group 10. Food service plus other attractions. L Prepared foods sold for on -site consumption, indoor and patio service (no drive-in, or drive-thm), plus one or more of the following additional features: L Alcoholic beverages served for on -site consumption only, L Live entertainment indoors. (Entertainment must be recurring or continuing during the evening, or be limited to a capacity of thirty tables. Food service facilities with only one show per evening and exceeding thirty tables are considered "dinner theaters" and fall into Group 11 uses iii. Live or recorded entertainment outdoors, iv. Dance floor, v. Recreational accessory uses such as pool or billiard tables, dart boards, coin -operated entertain- ment arcades, shuffleboard tables, vL Television screen exceeding thirty -five -inch diagonal measurement; b. Restrictions may be applied with regard to the following: L Hours of operation, I Noise volumes permitted at the perimeter of the property, U Capacity of area for service or entertainment, iv. Size of group providing the entertainment, v. Acoustic versus electronic amplification. Examples: restaurant, cocktail lounge, bar and Fill, night club, cafe, coffee house, pizza with wine and beer. no 9.90.085 Use table. Use Groups 1. SFd detached as the primary use 2. MFR as the primary use 3. Residential as secondary use 4. Detached professional studio S. Commercial guest lodging and associated uses 6. Offices 7. Services and Iimited sales within offices 8. Personal services 9. Food services 10. Food service plus other attractions 11. Public assembly 12. Classes 13. tart display 14. Small goods sales or rental 15. Parking lots Conditional Uses Retail sales of motor fuels Retail sales of lubricants, fluids, minor automobile and light truck parts Minor service and repair of automobiles and light trucks (Ord.152 $1(part),1989) Village Commercial Subzones Village Core Park South North Tampico Residential C C S N T R.V. CUP X X X X X X X X X X X X X X X X X X X X X X X X CUP X X X X X X limited X CUP X CUP X CUP X X X CUP X X X X CUP X CUP X X CUP X CUP X X X X X CUP 7 5.12.010 ATTACHMENT 2 Chapter S.12 Sections: 5.12.010 Definitions. 5.12.020 Hours. 5.12.030 Permit required. S.12.040 Operation during suspension or revocation. S.IL060 Effect of permit. S.12.070 Posting of permit. 5.12.080 Requisites to issuance of permit —Factors considered. 5.12.090 Permit requiring policing. 5.12.100 Permit —Issuance. 5.12.110 Permit —Expiration date. 5.12.120 Filing of application --Fee. 5.12.130 Exemption of casual dances. 5.12.140 Application —Presentation —Contents. 5.12.150 Reference. 5.12.160 Investigation. 5.12.170 Recommendation. S.12.180 Consideration, decision by city manager. 5.12.190 Suspension of permit --Requirement of police officer. 5.12.200 Service of order. S.12210 Duration of suspension —Hearing —Notice. 5.1=0 Notice —Manner of service. 5.UM0 Right to be heard. S.12.M Action by city manager upon hearing. 5.12250 Power to make rules and regulations. 5.W60 Custody of rules. 5.12270 Special police officers —Application by management. S.122A Special officers required by city. 5.12290 Cost of policing. S.12300 Appeals. 5.12.010 Definitions. In this chapter, unless another meaning is clearly apparent from the context: A. "Club dance" means any dance held by a dancing club. B. "Dancing club" means any dub or association of persons which conducts dances (other than public dances for its members or bona fide guests) more often than once per month at which a fee is charged, either for admission to the dance or for dancing therein, or at which any collection or donation of money is made or received, or in which the amount of dues to be paid by each member is dependent upon attendance at such dances by such members. C. "Public dance" means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for the gathering or as an incident to some other purpose, and to which premises the public is admitted. D. "Public dance hall" means a place where dancing is conducted, whether for profit or not for profit, and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. (Ord.10 § I (part),1982) 5.12.020 Hours. No person shall conduct, manage, carry on, allow or participate in dancing at any dancing club, public dance or public dance hall between the hours of two a.m. and eight a.m. (Ord.10 § I (part), 8 101 5.12.030 5.12.030 Permit required. No person, whether as principal, agent, employee or otherwise, shall conduct, manage, carry on, or participate in any dancing club, dancing school, studio, public dance or public dance hall unless by authority of a permit from the city manager. (Ord. 10 § I (part),1982) 5.12.040 Operation during suspension or revocation. It is unlawful to conduct or manage or carry on any dancing club, public dance, or public dance club or hall in the city under any permit issued under this chapter while the permit is in a state of suspension or while any suspension or revocation with respect to the permit continues to exist; and it is unlawful for any person to participate in any such dance. (Ord. 10 § I (part),1982) 5.12.060 Effect of permit. The issuance of any permit or temporary permit shall not be deemed to permit any violation of law or ordinance or rule prescnbed pursuant to Sections 5.12.250 and 5.12.260. (Ord. 10 § I (part),1982) 5.12.070 Posting of permit,. The permit shall be conspicuously posted upon the premises referred to therein, during the term thereof. (Ord. 10 § 1 (part), 1982) 5.12.080 Requisites to issuance of permit —Factors considered. No permit or temporary permit shall be issued under this chapter unless and until it appears and is determined by the city manager, in his discretion, that the conduct of the dance hall, dancing club, or public dance will comport with and not prejudice or work to the disadvantage or injury or harm of the public peace, safety, morals, health or welfare, and that the applicant will, for the term of the permit, have in force and effect adequate insurance to protect the public and the city with regard to reasonably foreseeable accidents and other liability, and the city manager and other city departments, in acting upon any such application, shall consider any and all facts and evidence pertinent, relevant or material with respect thereto. (Ord. 10 § 1(part),1982) 5.12.090 Permit requiring policing. Whenever the public peace, health, safety or general welfare so require, the city manager, at the time of issuance or at any time during the term of any permit issued under this chapter, may make the permit conditional upon the attendance of a special police or fire officer or officers, appointed under Sections 5.12.270 through 5.12290, at any dancing club, public dance or public dance hall during any or all times dancing is being conducted, carved on or allowed, and in such event the permit shall be effective only during the attendance of the police or fire officer or officers. (Ord 10 § 1 (part), 1982) S.12.100 Permit --Issuance. Permits to conduct dancing clubs, dancing schools, studios, public dances or public dance halls may be issued or renewed by the city manager upon the written application of any person for himself or on behalf of any other person, and payment of the required charges. (Ord 10 § 1 (part), 1982) 5.12.110 Permit —Expiration date. Every such permit shall expire on September 30th following the date of issuance. (Ord 10 § I (part), 1982) S.12.120 Filing of application --Foe. Every such application shall be filed with the city manager, and at the time of filing the applicant shall submit a payment in such amount as has been prescribed by resolution of the city council, to defray the expense of investigation and processing. (Ord. 10 § I (part),1982) 102 5.12.130 5.12.130 Exemption of casual dances. There shall be no charge or fee for investigation where dances are proposed to be held by charitable, memorial, fraternal or labor associations, student bodies of schools or the proposed dances are in connection with patriotic or holiday celebrations or festivals, where such dances are casual and for one such occasion only and are not conducted more often than once per month. (Ord. 10 § 1(part),1982) 5.12.140 Application--Presentation--Contents. Every such written application for a permit shall be presented to the city manager and shall set forth the following facts: A Applicant. The name and residence of the applicant or applicants, and if any applicants are a firm, association, corporation or club, the names and residences of the partners, officers, directors, managers and of all employees who will be in charge of the dancing club, public dance, or public dance hall; B. Location. The place for which the permit is desired or in which any dance or dances are proposed to be held; C. Time of Dances. The number and dates of the dances proposed to be held; D. Police. Whether a special police officer pursuant to Sections 5.12.270 through 5.12.290 is desired for the dance or dances, and will be present at times dancing is conducted, carried on or allowed. (Ord. 10 § I (part),1982) 5.17.150 Reference. Upon filing of each application, it shall be referred by the city manager 8 to departments designated by the city manager for investigation and report. (Ord. 10 § 1 art), 5.12.160 Investigation. The departments so designated shall make a thorough investigation as required for the protection of the public peace, health, safety and general welfare, and may require the submission of additional information by the applicant as is necessary to the investigation. (Ord. 10 § I (part),1982) 5.12.170 Recommendation. °Ibereafter, and within five days from reference of the application, each department designated shall report its findings and conclusions and make recommendations concerning the application. (Ord. 10 11 (part),1982) 5.12.130 Consideration, decision by city manager. After receiving the reports as provided for in Section 5.12.170, the city manager may make such further investigations as he deems proper or advisable in the interest of the public peace, health, safety and general welfare, and within thirty days from the filing of the application shall either approve, conditionally approve or deny the application according to the requirements of the public peace, health, safety or general welfare. Should the city manager fail to act within said time, the application shall be deemed denied. At any time after the application is filed, however, and pending complete processing thereof, the city manager may issue a temporary permit upon stated terms and conditions, including a fixed expiration date or indefinite period subject to termination on notice, so long as the city manager tentatively determines that the temporary permit for the activity desired to be held will comport with and not prejudice nor work to the disadvantage or injury of the public peace, safety, morals, health or welfare. (Or& 10 § 1(part),1982) 5.12.190 Suspension of permit —Requirement of police officer. The city manager may at any time temporarily suspend any permit issued under this chapter, or may require the attendance of a special police officer during all or certain times dancing is conducted, carried on or allowed, as a condition to the continued exercise of the permit, when he finds and determines that the public peace, safety, morals, health or welfare require or will be promoted or best served by such suspension or special police officer attendance. (Ord. 10 § I (part),1982) 103 5.12" 5.12100 Service of order. A copy of the city manager's order in that regard mentioned in Section 5.12.190 shall be served in the same manner as is in Sections 5.12.210 through 5.12.240 provided for notices of hearing, and be effective thereupon. (Ord. 10 11 (part), 1982) 5.12.210 Duration of suspension---Hearing--Notice. No temporary suspension under this chapter or added condition requiring the attendance of a special police officer shall continue for more than ten days unless within said ten-day period the suspension or added condition is further continued or made permanent by revocation of the permit involved or a condition requiring the attendance of a special police officer is affixed to the permit for the balance of its term upon hearing by the city manager within the city held upon three days' notice of the time and place thereof, given as follows in Section 5.12.220. (Ord. 10 § I (part),1982) 5.12.220 Notice —Manner of service. The service of any such notice shall be made upon the holder of a permit to whom it is directed by either: A. Personal Service. Delivering a true copy of the notice to the holder personally, or if a firm, association, corporation, or club, by delivery thereof to a partner or officer or director thereof; or B. Delivery to Premises. Delivering the notice to and leaving it with any person over eighteen years of age in charge of the premises referred to in the permit; or C. Posting on Premises. In case no such person is found upon the premises, by affixing it to a conspicuous place on the door to an entrance to the premises. (Ord. 10 § 1(part),1982) 5.12.230 Right to be heard. The holder of any permit shall be afforded an opportunity to be heard and to present evidence on his behalf at the hearing. (Ord. 10 § 1(part),1982) 5.12.240 Action by city manager upon hearing. Upon hearing held by him, and adjournments and continuances thereof upon the notice, the city manager may revoke, suspend, further suspend or apply conditions to the further exercise of any permit issued under this chapter because of anything done or omitted by the permittee, his agents or employees or the patrons of his establishment upon the premises involved contrary to the provisions of any applicable state law, or of this chapter or any ordinance of the city, or of the rules prescribed by the city manager pursuant to sections 5.12250 and 5.122M, or when the public peace, safety, morals, health or welfare require or will be promoted or best served by any such action. (Ord. 10 § 1(part),1982) 5.12.250 Power to make rules and regulations. The city manager may make rules and regulations governing dancing clubs, public dances, or public dance halls within this city which shall govern and apply to all permittees under this chapter. (Ord 10 § 1 (part), 1982) 5.122260 Custody of rules. The rules mentioned in Section 5.11250 shall be filed with the city clerk and shall be available for inspection by the public. (Ord. 10 § 1 (part), 1982) 5.12.270 Special police officers —Application by management. Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall shall have the right to apply to the city manager for appointment of a special police officer or officers of the city to be present and in attendance at the dancing club, public dance or public dance hall during all times that dancing is conducted, carried on or allowed therein, for the purpose of preserving order and preventing any violation of any law of the state, or any ordinance of the city, or any rule prescribed under Sections 5.12.250 and 5.12.260. (Ord 10 § 1(part),1982) 104 .7.1A-A"v 5.12180 Special officers required by city. line city manager may require the presence and attendance of a special police officer or officers, or also a special fire officer or officers in accordance with the provisions of the Uniform Fire Code relating to standby firemen at places of public assembly, any of which requirements may be prescribed as a condition or conditions to the exercise of any permit, long term or temporary, as provided for in this chapter. (Ord.10 § 1 (part), 1982) 5.12.290 Cost of policing. A. Fees. The expense of any such special officer or officers so appointed for such attendance shall be paid by the person so conducting, managing, or carrying on any dancing club, public dance, or public dance hall in accordance with such schedule the fire chief, the case is y be. as may be found to be reasonable and established by the chief of police B. Payment to City Manager. The expense of the special officer shall be paid to the city manager each week in advance for all dancing to be conducted, carried on or allowed during that time, in accordance with a written statement made at the time of such payment to the city manager. C. Payment to Officers. The city manager shall in turn cause payment of the money to the special officers as earned by them. (Ord.10 § 1(part),1982) 5.12.300 Appeals. A.ny person aggrieved by any decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of this chapter, may appeal to the city council by filing a written notice of appeal with the city clerk, specifying the grounds of appeal. Unless an adjustment of the matter is then made by the city manager satisfactor7 to the appellant, the city clerk shall thereupon fix an early time and place of hearing on the appeal. Notice thereof shall be given to the appellant and other persons who in the city clerk's opinion appear to be interested persons of record, of the time and place of hearing by serving such notice personally or b, depositing it in the United States mail addressed to all such persons at their last known addresses respectively. The city council shall, after hearing, have authority to determine all questions raised on the appeal, and to take any action consistent with the terms of this chapter, or which could legally have beer taken by the city manager in the matter. (Ord.10 § 1(part),1982) 105 :.: �TTACHMEN 3 V.ILLAGE. ZONING ' 1 e i e mmmmmm-"Mm®mmm 1 C-V..N. 11. 1 M JW PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO AMEND SECTIONS 9.90.072.B. AND 9.90.074.B. OF THE LA QUINTA MUNICIPAL CODE BY LISTING GROUP 10 USES AS PERMITTED RATHER THAN CONDITIONAL USES IN THE PARK AND NORTH SUBZONES. CASE NO. ZONING ORDINANCE AMENDMENT 92-031 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of October, 1992 held a duly -noticed public hearing to recommend to the City Council the Amendment of Sections 9.90.072 and 9.90.074 pertaining to permitted uses in teh Park and North Village Subzones; 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 Amendment does not eliminate the specific review process for Group 10 uses. 2. Restrictions exist within the Group 10 category to address compatibility of adjacent uses. 3. Two of the five existing Village Subzones permit the Group 10 uses without requiring a conditional use permit. 4. As drafted outdoor entertainment would be prohibited within these two subzones. 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; RESOPC.087 1 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 27th day of October, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California Ivy TERRY HERMAN, Planning Director City of La Quinta, California RESOPC.087 EXHIBIT A 9.90.072 C-V-P "Park" subzone. A. Purpose. The park subzone of the village is meant to provide a medium intensity chistering c commercial offices, eating places, and some residential on the north and south sides of La Quinta Par) A pedestrian emphasis applies to the park subzone. B. Permitted Uses. Uses generally permitted in the village commercial zone are listed and descnba in detail in Section 9.90.020. in the C-V-P (park) subzone, only certain of these uses are permitted Permitted uses are listed below by the short title for each group. For a full description and examples, refe to Section 9.90.020. For some groups of uses, modifications or special conditions may be required u ensure the compatibility of the group of uses with other uses within or adjacent to this subzone. 1. Group 3 Uses: Resident.al as a secondary use; 2. Group 4 Uses: Detached professional studios; 3. Group 6 Uses: Offices; 4. Group 7 Uses: Services and limited sales within offices; S. Group 8 Uses: Personal services; 6. Group 9 Uses: Food service; 7. Group 10 Uses: Food service plus other attractions, except Live or recorded entertainment outdoors-.- -7, (iroup 12 Uses: (lasses; ''- t Group 13 Uses: Art display; `.- Group 14 Uses Small goods sales or rental; "i-:M Group 15 Uses: Parking lots, private lots, on -site only; off -site lots only if in public ownershi; and operation. G Accessory Uses In addition to the accessory uses permitted as described in Section 9.90.030, in the park subzone the following accessory uses shall be permitted 1. Outdoor display and sales of original or limited -edition reproductions of artworks; provided that: a. AD such outdoor displays and sales take place on private property with the written consent of the owner or agent of the property (art shows on public property wdl require an Outdoor Temporary Minot Event Permit, pursuant to Chapter 9116); and, b. Sales of art works are conducted by entities having a valid, current La Quinta business license or the proceeds of the outdoor sales benefit a charitable, tax-exempt institution and related City require- ments for solicitation have been complied with; c No display or sales of art works blocks the required pedestrian walkways; a clear area of a minimum width of four feet shall be left adjacent to the street and to each building entry or exit; and, d. AU booths, stalls, arts, or other equipment for outdoor display and sales of art works, at the close of each business day, shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance, or a security rislr, e. The operation of outdoor display and sales of art works shall be conducted in such a fashion that it does not constitute a threat to the health, safety, or welfare of the public, or become a recurring public nuisance. D. Conditional Uses. By conditional use permit, pursuant to Chapter 9.172, in the park subzone, the following may be permitted. - 1. -Grote 18- --Uses=---foad-service pk*other-attractions; -. ­1 Exceeding a stated upper 1irza.it for a permitted use; 4, Special parking lot designs vrhich do not meet development standards 9.90.074 C-V-N "North" subzone. A- Purpose. The north subzone of the village is meant to provide an area for commercial offices in an automobile -oriented setting. B. Permitted Uses. Uses generally permitted in the village commercial zone are listed and described in detail in Section 9.90.020. In the C-V-N (North) subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a full description and examples, refer to Section 9.90.020 of this chapter. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this subzone. 1. Group 6 Uses: Offices; 2. Group 7 Uses: Services and limited sales within offices; 1. Group 15 Uses: Parking lots (on -site only). 4 Group 10 Uses: Food service plus other attractions, except Live or recorded enter-tanment outdoors. C. Accessory Uses permitted. Accessory uses in the North subzone shall be as described in Section 9.90.030. D. Conditional Uses. By conditional use permit, pursuant to Chapter 9.172, in the north subzone, the following may be permitted: 1. Group 4 Uses: Detached professional studios; 2. Group 8 Uses: Personal services; 3. Group 9 Uses: Food service, indoor service only; -4r—Group 14 Uses . S: G01 roup 11 Uses: Public assembly; 6r Group 12 Uses: Classes; 7: Group 13 Uses: Art display; 8. Group 14 Uses: Small goods sales or rental; 9. Group 16 Uses: Retail sales of fuels, lubricants, and fluids for motor vehicles, provided that lubricants and fluids are sold where fuels are also sold. E Development Standards. Pursuant to the village specific plan, in addition to the general develop- ment standards contained in Section 9.90.060 for the C-V zone, within the C-V-N subzone, the following particular development standards shall apply (see VSP, especially Figure 4-8): 1. Setbacks In the C-V-N subzone, front, rear, and side setbacks shall be twenty-five feet. 2. Building Separations. In the C-V-N subzone, buildings on the same property shall be separated by a minimum of twenty feet. 3. Building Height. A height limitation of thirty-five feet shall apply to the general mass of structures, although specific features of less than fifteen percent of the horizontal area of the structure may exceed that limit to a maximum height of forty feet. 4. Parking. The orientation of the north subzone is toward the automobile. (See VSP Sections 4.6.3 and 6.7 for discussion and illustrations.) a. On -site parking in the C-V-N subzone shall provide a minimum of one hundred percent of the required off-street parking for the uses as specified by Chapter 9.160. Parking maybe arranged and placed in any locations on -site which meet design standards of Chapter 9.160, provided that peripheral screening is installed and maintained as required. STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 27, 1992 CASE NO: SIGN APPROVAL 92-182 APPLICANT: PAYLESS SHOESOURCE STORES SIGN COMPANY: FEDERAL SIGN REQUEST: APPROVAL. OF A SIGN PROGRAM DEVIATION FOR A STORE IN THE 111 LA QUINTA CENTER. LOCATION: WITHIN SHOPPING CENTER ON NORTH SIDE OF HIGHWAY 111 BETWEEN WASHINGTON STREET AND ADAMS STREET BACKGROUND: Payless Shoesource is renting a shop in this center just to the west of Wal-Mart. Because Payless Shoesource is a large chain, they are requesting to utilize their standard sign which does not comply with the sign program which was adopted for this center. In approving the sign program for the center, a provision was included to allow national or regional tenants with more than five outlets to use their standard sign with approval from the Design Review Board and Planning Commission. APPLICANT'S PROPOSAL: The applicant's sign is a standard sign utilized for all of their stores. The letter style is somewhat "Ancient Eqyptian" (see attached exhibits) using capital and lower case letters, rather than the Helvetica light which was approved for the center. The sign color proposed is a medium yellow for all the letter faces except the "O"'s which are a burnt orange color. The trim cap and returns are black. Because the rental space is on a corner where the shops jog back, there is frontage facing both the south and west (see site plan on attached exhibit). Because of this, the applicant is requesting one sign for each frontage. The proposal as shown on the submitted plans indicates one main sign facing south onto the parking lot with letters that would be 20-inches high for the capital letters with the length being 21-feet long (35 square feet). The secondary sign which faces west onto the covered walkway area is proposed to be a maximum 13-inches in height with the length 13-feet 10-inches (15 square feet). The sign design, colors, materials, for the second sign would be the same as the main sign. The location of both of these signs would be the horizontal facia of the covered walkway as stipulated in the approved sign program. PCST.os2 APPROVED SIGN PROGRAM PROVISIONS: The approved sign program allows maximum 24 inch high letters with the length being 75 % of the frontage up to a maximum of 50 square feet. The approved letter style is Helvetica light or as approved by the City. Approved colors are white, red, blue, green, yellow, or as approved by the developer and City through a modification. The approved material color is a plexi-glass face, matte black painted aluminum can and internally illuminated individual letters. As previously noted, national or regional tenants with more than five outlets are allowed to use their standard sign if approved by the Design Review Board and Planning Commission. Additionally for national tenants only one color per sign, other than the logo, is allowed unless specifically approved. DESIGN REVIEW BOARD ACTION: The Design Review Board reviewed this item at their meeting of October 7, 1992. Discussion varied from whether the second smaller sign should be permitted at all to whether the signs should be the same size and both internally illuminated. The sign representative indicated that 18-inch high letters were available. After discussion, the Design Review Board voted 4-1 (Wright voting no) to recommend approval of both signs internally illuminated with each sign being the same size (18" high) with a maximum of 50 square feet total. STAFF COMMENTS: For shops along the main portion of the shopping center, the Staff's intention of the sign program was to allow only one sign per business. The Applicant has requested approval of a second sign because the building frontage jogs creating two perpendicular facia surfaces. Staff believes that only one main sign facing south is warranted. If a second sign is deemed acceptable, Staff would recommend that it be the under canopy pedestrian identification sign which is allowed by the program (see attached exhibit for minor tenant secondary signs). This sign would be maximum 3-1/2 square feet and be constructed of a wood or wood -like material. However, Staff believes that should it be determined that a second primary sign is warranted, Staff still feels that the second sign facing west not be illuminated. The Design Review Board staff report is attached for your review. RECOMMENDATION: By Minute Motion 92- , the Planning Commission should take action to approve the sign deviation for Payless Shoesource. Attachments: 1. Design Review Board Staff report dated October 7, 1992, including plan exhibits and excerpts from approved sign program. PCST.082 STAFF REPORT DESIGN REVIEW BOARD DATE: OCTOBER 7, .1992 CASE NO: SA 92-182 APPLICANT: PAYLESS SHOESOURCE STORES SIGN DEVIATION FOR I I I LA QUINTA CENTER SIGN COMPANY: FEDERAL SIGN COMPANIES LOCATION: NORTH SIDE OF HIGHWAY STREET AND ADAMS STREET BACKGROUND: FILE COPY III BETWEEN WASHINGTON Payless Shoesource stores is renting a shop in this center just to the west of Wal-Mart. Because Payless Shoessource is a large chain, they are requesting to utilize their standard sign which does not comply with the sign program which was adopted for this center. In approving the sign program for the center, a provision was included to allow national or regional tenants with more than five outlets to use their standard sign with approval from the Design Review Board and Planning Commission. APPLICANT'S PROPOSAL: The applicant's sign is a standard sign utilized for all of their stores. The letter style is somewhat "Ancient Eqyptian" (see attached exhibits) using capital and lower case letters, rather than the Helvetica which was approved for the center. The sign color proposed is a medium yellow for all the letter faces except the "O"'s which are a burnt orange color. The trim cap and returns are black. Because the rental space is on a corner where the shops jog, there is frontage facing both the south and west (see attached exhibit). Because of this, the applicant is requesting one sign for each frontage. The sign facing south onto the parking lot would be 20-inches high for the capital letters and 21-feet long (35 square feet). The second sign which faces west onto the walkway area is proposed to be a maximum 13-inches in height and 13-feet 10-inches in length (15 square feet). The sign color, materials, and style would be the same as the main sign. The location of these signs would be the facia of the covered walkway. APPROVED SIGN PROGRAM[ PROVISIONS: The approved sign program allows maximum 24 inch high letters with the length being 75 % of the frontage up to a maximum of 50 square feet. The approved letter style is Helvetica light or as approved by the City. Approved colors are white, red, blue, green, yellow, or as approved DR13ST.064 by the developer and City through a modification. The approved material color is a plexi-glass face, matte black painted aluminum can and internally illuminated individual letters. As previously noted, national or regional tenants with more than five outlets are allowed to use their standard sign if approved by the Design Review Board and Planning Commission. Additionally for national tenants only one color per sign, other than the logo, is allowed unless specifically approved. ANALYSIS: The approved sign program does not specifically specify whether the letter style is to be all capital letters or capital and small letters. However, the approved exhibit does show the sign area with all capital letters. The proposed sign color is yellow as allowed by the sign program. The orange "O" is not an approved color, however it can be approved by a modification. The sign which faces south does comply with the sign program with regards to its size. The intention of the approved sign program was to allow only one sign per business for the shops in this area. The applicant has requested approval of a second sign because of a jog in the store front area which creates two facia surfaces. Staff feels that only one main sign facing south is warranted. If a second sign is deemed acceptable, Staff would recommend that it be under the canopy identification sign that is allowed by the sign program (see attached exhibit for minor tenant secondary signs). This sign would be a maximum 3.5 square feet and be constructed of a wood or wood -like material. However, should it be determined that a second sign is warranted, Staff would recommend that the second sign facing west not be illuminated. RECO:yMENDATION: Staff recommends that the sign as requested facing south be approved and that the second sign facing west be deleted. Attachments: 1. Plan exhibits 2. Excerpts from sign program DRBST.064 2 �/{Luz .� �•��� .,j � +� �� r � ,. 'Jgr ` ``. ONE ELEVENmLA QJINTA PLANNED SIGN PROGRAM 75% EQ. 75% jEOT I O I ^^� W I "AREA Ir AREA Am iNET SIGN AREA1 Q I iNIT SIGN AREA N.. _... _ ...� W C" I Leasehold Width Leasehold Width i (Varies) (Varies) Lease Line --j� Lease Line ._.� MINOR TENANT SIGNS (PRIMA■ ) PURPOSE: MAJOR IDENTIFICATION QUANTITY: ONE PER LEASE AREA FRONTAGE. CORNER END SPACES MAY SPLIT ALLOWABLE FRONTAGE SIGN AREA AMONG TWO SIGNS.FSt r15 '�'p 6, �Ap ff NET SIGN AREA A: AS DEFINED ABOVE, NOT TO EXCEED 50 S.F. MAX.' b�;y�,111 J, 3-6 1 y J (INCLUDING TENANT LOGO) Oln 2 5"e4jtcl -� NET SIGN AREA B: AS DEFINED ABOVE (TOWER LOCATIONS), NOT TO EXCEED 50 S.F. MAX.' - INCLUDING TENANT LOGO LETTER STYLE: HELVETICA LIGHT OR AS APPROVED BY CITY AND DEVELOPER.' COLORS: WHITE/RED/BLUE/GREEN/YELLOW OR AS APPROVED BY DEVELOPER.' MATERIAL: PLEXIGLAS FACE, MATTE BLACK PAINTED ALUMINUM CAN. INTERNALLY ILLUMINATED INDIVIDUAL LETTERS. NET SIGN AREA C (ADDRESS): LETTER STYLE: W HELVETICA LIGHT COLORS: "FRAZEE*, CZ-588OW �o b � A 4VIV�_ MATERIAL: DIECUT FACED LETTERS _ y OVA �oarvv�v� v►� V-10' ov%. NATIONAL OR REGIONAr0TW0 NANTS WITH MORE THAN 5 OUTLETS WILL BE ALLOWED TO USE THEIR STANDARD SIGN ADJACENT SEPERATE TENANT SIGNS SHALL BE THE SAME COLOR WITHOUT CITY APPROVAL. ONE COLOR ONLY PER SIGN OTHER THAN LOGO UNLESS APPROVED BY CITY. 22 ONE ELEVEN LA QUINTA PLANNED SIGN PROGRAM 11,01 a T7"0. 0' i 3`6• L EO. UNDERCANOPY SIGN IDENTIFICATION SIGN CENTERED ON SHOP ENTRANCE MINOR TENANT alG (SECONDARY PURPOSE: SHOP IDENTIFICATION QUANTITY: ONE PER LEASE SPACE SIGN AREA: 3.5 S.F. LETTER STYLE: HELVETICA LIGHT COLORS: WHITE/RED/BLUE/GREEWYELLOW TO MATCH PRIMARY SIGN OR AS APPROVED BY DEVELOPER AND CITY. MATERIAL: WOOD OR WOOD LIKE MATERIAL UNDERCANOPY SIGN OPTIONAL PER DEVELOPER 23 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 October 13, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:08 P.M. by Chairwoman Barrows. Planning Director Jerry Herman led the flag salute. U. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Ellson, Marrs, Adolph, and Chairwoman Barrows. B. Commissioner Ellson moved to excuse Commissioner Mosher. Commissioner Marrs seconded the motion and it passed unanimously. C. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, Associate Planner Leslie Blodgett, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Tentative Tract 26718; a request of Walter Hansch for approval of a tentative tract map to create 125 single family lots on 39± acres in the R-1 zone. 1. Chairwoman Barrows opened the public hearing and stated that the Applicant requested the matter be continued to December 8, 1992. There being no one wishing to speak, Commissioner Ellson moved and Commissioner Adolph seconded a motion to continue this matter to their meeting of December 8, 1992. Unanimously approved. B. Tentative Tract 26855; a request of Sumbad and Sharron Kanlian for approval of a tentative tract map to create 73 single family lots on ±23 acres in the R-1 zone. 1. Chairwoman Barrows opened the public hearing and stated that the Applicant requested the matter be continued to December 8, 1992. There being no one wishing to speak, Commissioner Marrs moved and Commissioner Ellson seconded a motion to continue this matter to their meeting of December 8, 1992. Unanimously approved. PC10-13 1 Planning Commission Minutes October 13, 1992 C. Tentative Tract 24890; a request of J. M. Peters for approval of a second one year time extension for the balance of their tentative tract which divides 404± acres into 392± residential lots in the R-1 zone. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson asked Staff why the landscaping had not been required to be installed on Park Avenue, 52nd Avenue, Jefferson Street, and Calle Tampico. Assistant City Engineer Steve Speer stated that bonds had been required to assure the landscaping but they were attached to Phase I which had not been built yet. The Engineering Department has added a Condition #42 to require the landscaping be done as the additional phases are constructed. Discussion followed regarding the phases and time of the landscaping. 3. Chairwoman Barrows opened the public hearing. Mr. Bob Trapp, representing J. M. Peters Company, stated the company had been released from the R.T.C. as of August 12, 1992, and they are rapidly trying to arrange financing to continue to build the project. 4. Commissioner Adolph 'asked the Applicant why they had not undergrounded the utilities lines on Jefferson Street. Mr. Trapp asked Mr. Lloyd Watson, Landmark Land Company to explain. Mr. Watson stated that when Imperial Irrigation District put the high voltage lines in it was told to them it was cost preventive to underground the lines. Discussion followed regarding possible ways this could be accomplished. Assistant City Engineer Steve Speer stated he would check with I.I.D. to see if this was possible. 5. Commissioner Ellson asked if the Applicant had plans to leave the Jefferson side of the project open or was a wall planned. Staff stated they were required to have a wall with a wrought iron break. 6. There being no further discussion, Chairwoman Barrows closed the public hearing. It was moved by Commissioner Ellson and seconded by Commissioner Adolph to adopt Planning Commissioner Resolution 92-033 recommending approval of this second one year extension of time for Tentative Tract 26251 to the City Council subject to the revised conditions, noting that perimeter landscaping should be installed as soon as possible. PC10-13 2 Planning Commission Minutes October 13, 1992 ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. D. Tentative Tract 26251; a request of Landmark Land Company for approval of a one year extension of time. 1. Associate Planner Leslie Blodgett presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. There being no questions of Staff, Chairwoman Barrows opened the public hearing. No one wished to address the Commission and Chairwoman Barrows closed the public hearing. 3. Commissioner Marrs moved and Commissioner Ellson seconded a motion to adopt Planning Commission Resolution 92-034 recommending approval of a first one year time extension for Tentative Tract 26251 to the City Council subject to the attached conditions. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. E. Tentative Tract 23995 Extension #2 and Specific Plan 88-012 Amendment #2; a request of A. G. Spanos for approval of a second one year time extension for the tentative tract and a request to amend the specific plan. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson clarified the zoning of the multi -family and single family sections with Staff and stated she had a problem with the high density. She further asked if the park could be used for a day care center. Staff stated it was primarily designed for open space/recreation area. Discussion followed regarding the density and the park location. 3. Chairwoman Barrows opened the public hearing. Mr. Ray Hanes, representing A. G. Spanos spoke regarding the project. PC10-13 Planning commission Minutes October 13, 1992 4. Commissioner Ellson asked the Applicant if it was possible to have an access from the single family units to the multi -family units. Mr. Hanes stated they purposely separated the two areas to keep the traffic flowing from Washington Street through to Miles Avenue. 5. Commissioner Adolph inquired if the Applicant could revise the map to move the park adjacent to the single family section to allow both access to the park area. Discussion followed regarding the location of the park. 6. Mr. Tim Bartlett, representing Baxley Properties, asked that the Commission approve the extension as he had a possible developer for the single family section. In addition, he questioned the rezoning of the park area from commercial to open space due to the high number of people who could utilize the commercial. 7. Commissioner Ellson asked Staff how locked in the specific plan was. Staff noted changes could be made at this time. Staff discussed the different possibilities with the Commissioners. 8. Ms. Monica Nielson, a property owner in the Acacia Development, asked that the Commission leave the zoning for the park and not allow the commercial. 9. Ms. Katie Tomas, a property owner in the Acacia Development, stated her objection to the two story units, the amount of density, and the need for more exit and access points. 10. There being no further discussion, Chairwoman Barrows closed the public hearing. 11. Chairwoman Barrows stated her approval and noted that this could provide housing for a diversity of incomes. 12. Commissioners discussed the layout and density of the project and possible alternatives. Staff pointed out that this might better be discussed when the plot plan application is before them. 13. There being no further discussion, it was moved by Commissioner Adolph and seconded by Commissioner Marrs to adopt Planning Commission Resolution 92-035 recommending approval of the proposed amendment to Specific Plan 88-012 to the City Council. PC10-13 Planning Commission Minutes October 13, 1992 ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. 14. Commissioner Adolph moved and Commissioner Marrs seconded a motion to adopt Planning Commission Resolution 92-036 recommending approval of a second one year time extension for Tentative Tract 23995 subject to Conditions of Approval. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. F. Specific Plan 89-014. Amendment ail; a request of TDC for approval of an amendment to the specific plan to allow drive through facilities within the shopping center. 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. In addition, he stated that a condition should be added as Section D regarding circulation and stacking. 2. There being no questions of Staff, Chairwoman Barrows opened the public hearing. Mr. Tom Childers, representing Washington Adams Partnership, clarified myths regarding the air pollutant problems regarding drive through and gave a history of the project. He noted Carl's Jr. was one of the restaurants. 3. Commissioner Adolph asked the Applicant if the fast food establishments would utilize one or two windows for the drive through. Mr. Childers stated that at least two have plans for two. The Commission indicated that two windows would be preferred. 4. Chairwoman Barrows asked Mr. Childers if he could state who the other users were. Mr. Childers stated he would prefer not to as they did not have signed contracts yet. PC10-13 5 Planning Commission Minutes October 13, 1992 5. Commissioner Ellson asked if the Applicant had any other pads under consideration by tenants. Mr. Childers went through the different pad areas and stated the uses that were planned or being negotiated. Discussion followed regarding the pads and uses. 6. Commissioner Adolph inquired about the use of Pepper trees and the possible problems with roots. Discussion followed regarding trees. 7. There being no further discussion, Chairwoman Barrows closed the public hearing. Commissioner Marrs moved and Commissioner Ellson seconded a motion to adopt Planning Commission Resolution 92-037 recommending approval to the City Council of approval of an amendment to the specific plan to allow drive through facilities within the shopping center subject to the amended conditions which added a requirement on circulation and stacking and a minimum of two drive through access windows for each user. ROLL CALL VOTE: AYES: Commissioners Ellson, Marrs, Adolph, Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher ABSTAINING: None. IV. PUBLIC COMMENT: - None V. BUSINESS SESSION - None VI. CONSENT CALENDAR A. There being no corrections Commissioner Adolph moved that the Minutes of September 22, 1992 and September 28, 1992, be approve as submitted. Commissioner Ellson seconded the motion and it carried unanimously. VU. OTHER - Planning Director Jerry Herman asked that the Commissioners review the plans for the 66 acre Service Center Master Plan area and make any comments for the consultants. Commissioner Ellson asked that Staff give a history on this project. Staff gave a history and discussion followed regarding the different uses proposed. PC10-13 6 Planning Commission Minutes October 13, 1992 A motion was made by Commissioner Marrs and seconded by Commissioner Adolph to adjourn this regular meeting of the Planning Commission to a regular meeting on October 27, 1992, at 7:00 P.M. at the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 8:46 P.M., October 13, 1992. PC10-13 C : 001 C nit - : r. i OCT 26 CITY C;L�:?:� CHAMBER-ofM E GEM OF THE DESERT gal October 23, 1992 f;iYYOF,A('.";-jiR iv" `TENT TO: Honorable Mayor John Pena & La Quinta City Council =ROM: La Quinta Chamber of Commerce Village at La Quinta Advisory Council RE: T.J.'s Pizza Company Dance Program for La Quinta Youth The La Quinta Chamber of Commerce Village at La Quinta Advisory Council reconvened October 13, 1992. On the agenda was the proposed Dance Parties to be held at TJ's Pizza Company in La Quinta. The advisement was made that approval had been given for one dance per month to be held for the next three consecutive months. During this "probationary" period, City staff has been directed to proceed with investigation and coordination of changing existing City ordinances. The completion of this process would allow for TJ's to have weekly dances without the financial burden and other ordinance entanglements which currently preclude this activity. Much discussion ensued within the Advisory Council. A consensus was reached. The Village at La Quinta Advisory Council has reservations with regard to these dances and we respectfully request that during the next 3 months: 1) The activities are monitored closely by several different entities in the community (i.e. fire department, health department, ABC, RSO, Coachella Valley youth related entities, etc.) to ensure that the conduct in and around the dance location is acceptable, to above mentioned entities as well as surrounding businesses and/or residences (in reasonable proximity) 2) That loitering in the nearby community park does not become a problem 3) That this event does not draw more of a delinquent kind of youth population to our city (which cannot be admitted into the dance due to space POST OFFICE BOX 255.51-351 AVENIDA BERMUDAS 9 LA QUINTA, CALIFORNIA 92253 9 (619) 564-3199 Page Two 4) That insight, advise and evaluation are sought from all entities previously mentioned in item #1 and used to make a reasonable, rational decision as to whether these dances are producing the desired and designed goals proposed by the proprietor of T.J. 's Pizza Company. We appreciate your consideration of these requests and look forward to your response. 10-d' 1-t�d 15: de h-CNhOY htt>UL 1NL 4d4 eod FE 1 OCT 2 7 199E A G;:ti (J it i,DiA October 27, 1992 Dear Sir, I have just been informed at 12:30 p.m. on October 27, 1992 that there is a meeting on an amendment to a zoning ordinance that indirectly affects property I own and will ultimately directly affect said property. I was not notified of the meeting even though I had made a special trip to the city offices and explictly requested that I be notified of ail Council and Planning Commission meetings, in the past I or my partners have traveled to La Ouinta from Los Angeles to appear at these meetings. It is too late for me to do so now however I want to go on record that I strongly object to live entertainment being permitted on 9.90.074, c v-n "north" subzone. We have repeatedly requested that our property on Tampico which is west and contigious to City Hall and north of two lots owned by the city and south of the commercial property on Tampico, be zoned commercial to permit development. It is inconceivable that you could expect us to encourage live entertainment across from property that you continue to limit to residential zoning, if you are considering the long range plan for the Village at La Quint& we are certainly a lone residential pocket surrounded by property being used for commercial purposes. i would appreciate being advised of any meetings dealing with the General Plan of La Quinta, the General Plan for the villiange of La Quinta or changes to zoning or ordinances. Sincerely, Adeeb G. Sadd 3622 Carabeth Encino, Ca. 91436