1987 10 13 PCC
A G E N D A
OF TNtJ
PLANNING COMMISSION - CITY OF LA OUINTA
A Regular Meeting to be Held at the
La Quinta City Hall, 78-105 Calle Estado,
La Quinta, California
October 13, 1987 - 7:00 p.m.
I. CALL TO ORDER
Flag Salute
II. ROLL CALL
III.HEARINGS - NONE
IV. 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 Public Hearing items.
Persons wishing to address the Planning Commission should use the
form provided. Please complete one form for each item you intend
to address and submit the form to the Planning Secretary prior to
the beginning of the meeting. Your name will be called at the
appropriate time.
When addressing the Planning Commission, please state your name
and address. The proceedings of the Planning Commission meeting
are recorded on tape and comments of each person shall be limited.
V. CONSENT CALENDAR
Minutes of the regular Planning Commission meetings of September
22, 1987.
MR/AGENDA.013
VI. BUSINESS
A. Item: Continued Discussion
Exterior Remodel - Plot Plan 87-383
Applicant: Rick Johnson Construction, Owner
Location: 77-836 Avenida Montezuma
Project: Enclose existing covered walkway, and use
area as an enclosed public corridor.
1. Staff Report
2. Commission Discussion
3. Commission Comments
B. Commission Agenda Items: Identification of future
discussion items
VII.OTHER
Discussion Items:
A. Review of a proposed Large Family Day Care facility.
B. Clarification of Home Occupancy review criteria.
C. Village Specific Plan update.
D. Highway 111 Specific Plan update, including Subcommittee
make-up.
VIII. ADJOURNMENT
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
OCTOBER 12, 1987, 3:00 P.M. STUDY SESSION
"DISCUSSION ONLY"
OF
ALL AGENDA ITEMS
MR/AGENDA.013
MINUTES
PLANNING COMMISSION - CITY OF LA QUINTA
A regular meeting held at the La Quinta City Hall
78-105 Calle Estado, La Quinta, California
September 22, 1987
I. CALL TO ORDER
7:00 p.m.
A. The meeting was called to order at 7:00 p.m. by Chairman
Walling. The Flag Salute was led by Commissioner Bund.
II. ROLL CALL
A. Chairman Walling requested the roll call. Present:
Commissioners Steding, Bund, Zelles, Vice Chairman Moran,
and Chairman Walling.
B. Staff Present: Principal Planner Jerry Herman and
Department Secretary Mariellen Ratowski.
III. PUBLIC HEARINGS
There were no public hearing items.
IV. PUBLIC COMMENT
No one wished to address the Commission.
V. CONSENT CALENDAR - None
VI. BUSINESS
A. MDG 87-002: Master Design Guidelines for Multiple Home
Construction; a request for approval by Lendel
Corporation/Deseret Homes.
1. Principal Planner Jerry Herman reviewed the request per
the information contained in the staff report.
2. The Commission discussed the item as presented. The
Applicant's representative, Keith Lindley, Construction
Manager, answered various questions from the
Commissioners. It was the consensus of the Commission
to request the Applicant to provide a wider variety of
color schemes.
MR/MIN09-22.DFT 1
H
11
E
VII
VIII
3. A motion was made by Commissioner
by Commissioner Zelles, to approve
Guidelines No. 87-002, subject to
Unanimously approved.
Steding and seconded
Master Design
condition.
The Commission suggested the following discussion items for
future agendas:
1. A list from staff specifying those items that will be
brought before the Commission and those that will not.
2. Highway 111 Specific Plan.
3. Update on the Village Specific Plan.
4. The possibility of having an emergency ordinance item
effected.
5. The Plot Plan of the Westward Ho apartment project -
staff to first seek legal opinion relating to whether
or not Planning Commission can review this Plot Plan.
OTHER
The Commission now had a discussion to interpret the
allowable land use within the High Density Residential land
use designation of the General Plan. The topic was reviewed
by Principal Planner Herman, per Staff's memorandum to the
Commission.
Following this discussion, it was the consensus of the
Commission to concur with Staff's recommendation and find
general commercial uses in the High Density Residential land
use designation not consistent with the intent of the
General Plan.
ADJOURNMENT
A motion was made by Commissioner Moran and seconded by
Commissioner Bund to adjourn to a regular meeting on October
13, 1987, at 7:00 p.m., in the La Quinta City Hall, 78-105
Calle Estado, La Quinta, California. This meeting of the La
Quinta Planning Commission was adjourned at 7:53 p.m.,
September 22, 1987.
MR/MIN09-22.DFT 2
® ® V1.A.
STAFF REPORT
PLANNING COMMISSION MEETING
DATE: OCTOBER 13, 1987
APPLICANT: RICK JOHNSON CONSTRUCTION/MARGARET MIELE
PROJECT LOCATION: 77-836 AVENIDA MONTEZUMA
PROJECT PROPOSAL: PLOT PLAN NO. 87-383 - A REQUEST TO ENCLOSE
THE COVERED WALKWAY AREA OF THE EXISTING
MIELE COMMERCIAL/OFFICE BUILDING, AND ADD A
WALL -MOUNTED SIGN
ZONING DESIGNATION: SCENIC HIGHWAY COMMERCIAL (C-P-S)
GENERAL PLAN
DESIGNATION: VILLAGE COMMERCIAL
ENVIRONMENTAL
CONSIDERATIONS: CATEGORICALLY EXEMPT FROM THE PROVISIONS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
GUIDELINES SECTIONS 15301, CLASS 1(a), MINOR
ALTERATIONS OF EXISTING PRIVATE STRUCTURES
PROPOSAL DISCUSSION: ENCLOSURE OF 930 SQUARE FEET OF FLOOR AREA
(FRONT COVERED WALKWAY/PEDESTRIAN CORRIDOR),
AND ADDITION OF NEW PLAZA IDENTIFICATION WALL
SIGN.
BACKGROUND:
On August 25, 1987, Planning Commission reviewed the Applicant's
original request and indefinitely continued the request for project
redesign. It was the conclusion of the Commission that revisions be
directed to incorporate the objectives of the Village at La Quinta
design concept. The Applicant subsequently submitted revised plans.
The revised plans include the following additions and modifications:
• Provision of freestanding benches and additional landscaping
within the five-foot front setback area.
• Addition of blue canvas canopies over three entry points of the
building.
• Provision of three separate building entrances as opposed to the
original two front entrances.
• Reduction in size and change of lettering style of the main
identification sign.
MR/STAFFRPT.015 1
H
DEVELOPMENT STANDARDS:
C-P-S ZONE
REQUIRED/PERMITTED
Setbacks: Front - None
Sides -
East- None
West- None
Rear - None
Building Height: 35 Feet
Building Coverage: 1000
Parking Spaces: 12 required
LANDSCAPING:
PROVIDED/PROPOSED
5 Feet
12 Feet
None
40 Feet
24 Feet
30% approximately
12 provided
Perimeter landscaping provided with palm street trees, additional
canopy shade trees, lawn, perennial and seasonal planting.
COLOR/DESIGN:
Enclosure is designed to match the existing building colors with
white stucco siding, charcoal black wood trim and blue canopies. The
charcoal black trim will also extend to the window frames.
ANALYSIS:
1. The project is located in the Village at La Quinta, for which a
specific plan is currently being prepared. The Village
Commercial land use designation is intended to accommodate a
pedestrian -oriented commercial district. The enclosure of an
open walkway/corridor is not consistent with the design
objectives for the Village at La Quinta as it eliminates a
significant pedestrian feature.
2. A concern is whether or not the revised proposal represents an
acceptable architectural approach. The proposed enclosure is an
attempt to continue the Contemporary style of architecture. This
may be considered out of place or in conflict with the objectives
of the Village at La Quinta Design Concept.
Although the Village at La Quinta Specific Plan has not been
adopted, the hearing draft is anticipated to be released for
review by the date of this meeting. The following design
objectives (which relate to this application) are proposed in the
draft:
a. Use arcades as a means of providing shaded pedestrian areas.
b. Maintain a 10-foot building setback for the first floor.
C. Discourage the use of boldly -colored awnings. Canvas
canopies are permissible, but should be used sparingly.
MR/STAFFRPT.015 2
d. Encourage signing to be an integral architectural element of
the building and site to which it principally relates.
Although substantive changes to the specific plan draft are
expected, the revised enclosure plan does not meet or take into
consideration the draft design objectives of the Village at La
Quinta design concept.
3. The Applicant proposes a 17-square-foot non -illuminated main wall
identification sign. There currently exists a freestanding
multi -tenant identification sign along with several attached
tenant signs. Rather than review each sign, it would be more
desirable to review an overall sign program for the "Parkside
Plaza". In this case, all siignage at the site would relate to
each other and be in harmony with the Village at La Quinta Design
Concept. Signage could be designed around a consistent theme
having sizes and shapes that create a consistent overall sign
program. Relative to signage colors, the sign program should
incorporate a color scheme which is complementary to the
building's existing color palate. The revised plan does not take
this into consideration.
4. The revised plan, proposes maintaining the enclosed porch as a
public corridor to minimize a suggested liability problem.The
proposed enclosed area could be converted to leasable space.
Should this occur, or should it be the ultimate objective of the
enclosure, additional parking spaces must be provided.
ACTION SCENARIOS:
The Planning Commission has a variety of options available in making
a determination on this project. Four options are outlined below:
1. Deny Plot Plan No. 87-383 with the following findings:
a. The proposed remodel is not consistent with the goals and
policies of the La Quinta General Plan.
b. The proposal does not facilitate the objectives of the
Village at La Quinta Design Concept.
C. The proposal does not provide sufficient opportunities for
pedestrian orientation.
2. Continue for redesign consistent with the design objectives for
the Village at La Quinta with the following findings:
a. The proposed remodel is not consistent with the goals and
policies of the La Quinta General Plan.
b. The proposal does not facilitate the objectives of the
Village at La Quinta Design Concept.
MR/STAFFRPT.015 3
c.. The proposal does not provide sufficient opportunities for
•pedestrian orientation.
d. Project consistency with the General Plan and the Village at
La Quinta Design Concept is feasible with project redesign.
3. Continue until completion and adoption of the Village at La
Quinta Specific Plan with the following findings:
a. The proposed remodel is not consistent with the goals and
policies of the La Quinta General Plan.
b. The proposal does not facilitate the objectives of the
Village at La Quinta Design Concept.
C. The proposal does not provide sufficient opportunities for
pedestrian orientation.
d. Project consistency with the General Plan and the Village at
La Quinta Design Concept is feasible upon project redesign
with incorporation of design guidelines of the Village at La
Quinta Specific Plan.
4. Approve Plot Plan No. 87-383, findings, and conditions as listed
in Attachment No. 2.
RECOMMENDATION:
The Planning and Development Department recommends that the Planning
Commission continue Plot Plan No. 87-383 for redesign consistent with
the draft design criteria noted previously, or at the Commission's
pleasure, until completion and adoption of the Village at La Quinta
Specific Plan.
MR/STAFFRPT.015 4
11
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CASE No. PLOT 1 p LAN # V 7 - 3 U,3
EXTERIOR RCMDO&L: SCALE: NONE
-+7.836 AVENIDA MONrWZUMA
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ATTACHMENT NO. 2
APPROVAL OPTIONS
FINDINGS
1. The request is consistent with the C-P-S Zone.
2. The project, as conditioned, is consistent with the La Quinta
General Plan.
3. The project, as conditioned, will adequately address the
pedestrian orientation requirements of the Village at La Quinta.
4. The project is categorically exempt from the provisions of the
California Environmental Quality Act.
CONDITIONS OF APPROVAL
General
1. Remodel of exterior portions of the Miele Building shall conform
substantially with Exhibit A contained in the file for Plot Plan
No. 87-383, as amended by the following conditions.
2. The approved plot plan shall be used within one (1) year of the
approval date, otherwise it shall become null and void and of no
effect whatsoever.
Parking and Refuse Enclosure
3. Prior to issuance of a building permit for the project, the
Applicant shall submit for review and approval by the City
Engineer/Public Works Director and the Planning and Development
Department the following improvement plans:
a. Slurry seal over all paved areas of the site.
b. Striping plan for a minimum of 12 off-street parking spaces,
including handicapped parking spaces.
C. Trash enclosure plan - compliance with the City's Refuse
Enclosure Design Guidelines.
Signs
4. Prior to issuance of a building permit, the Applicant shall
submit for review and approval by the Planning Commission an
overall sign program to include all main Plaza and tenant
identification, attached and detached signage, including a
coordinated color scheme for Parkside Plaza.
MR/CONAPRVL.012 1
El
Structural Design
5. Prior to issuance of a building permit, a revised enclosure
improvement plan shall be submitted for review and approval by
the Planning Commission. The revised plan shall modify design
and building materials with either of the following options:
OPTION NO. 1
a. The front enclosure shall be setback a minimum of five (5)
additional feet (10 feet from the existing property line) to
accommodate a covered pedestrian corridor.
b. The Applicant is encouraged eliminate or to reduce the
number of canopies proposed in favor of
appropriately -designed structural elements. Canopy colors
(if canopies are allowed) shall incorporate an earthtone
color to blend with building colors.
C. Add interest to column design and detailing.
d. Recess all windows to the extend feasible and use wood
window/door trim.
OPTION NO. 2
a. All siding materials shall be constructed with open wrought
iron or other open viewing materials.
b. Wrought iron or other open viewing material gates for
pedestrian access shall be provided at the main and side
entrances to the corridor breezeway.
C. Wrought iron or other open viewing material's design and
color shall incorporate a character which will blend well
with the building architecture.
d. The Applicant is encouraged to eliminate or reduce the
number of canopies proposed in favor of
appropriately -designed structural elements. Canopy colors
(if canopies are allowed) shall incorporate an earthtone
color to blend with building colors.
e. Add interest to column design and detailing.
MR/CONAPRVL.012 2
View of Public Corridor Breeze
way. Note:Enclosure Proposed
— Rear View of Miele Buildina
Front View of Miele Ruildinn
Across from Avenida "ontezuma
ATTACHMENT NO.3
EXISTING MIELE BUILDING
PLOT PLAN NO. 87-383
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EXHIBIT A REDUCTION
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EXHIBIT A REDUCTION
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EXHIBIT A REDUCTION
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78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564-2246
September 28, 1987
Mr. Brian Monroe, Project Manager
Rick Johnson Construction
P.O. Box 329
La Quinta, California 92253
SUBJECT: PLOT PLAN 87-383; REVISED PLAN REVIEW
Dear Mr. Monroe:
The Planning and Development Department has completed its review of
your revised plans, submitted on September 4, 1987. This letter is
intended to inform you of your procedural options in pursuing further
City review, and to identify several consistency issues relative to
the Village at La Quinta design concept.
The revised plans include the following additions or modifications:
• The area to be enclosed does not reference public corridor use
and appears to be segregated into three separate areas.
• Provision of pedestrian freestanding benches in the five-foot
front setback parkway area.
• Addition of canvas canopies over the three entry points of the
building.
• The provision of three separate building entrances as opposed to
the original two front entrances.
• Reduction in size and change of lettering size of the main
identification sign.
ZONING CONSIDERATIONS
The original plans, as reviewed by the Planning Commission, propose
maintaining the enclosed porch as a public corridor to minimize an
apparent liability problem. It appears that the revised plan shows
the expansion of 930 square feet to be used as commercial floor area.
In accordance with Section 9.160.040 of the Municipal Zoning Code,
the additional usable floor area expansion will require the provision
of seven (7) additional off-street parking spaces.
MR/LTRGP.002
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
0,
® 0
Mr. Brian Monroe, Rick Johnson Construction
September 28, 1987
Page Two
CONSISTENCY WITH THE VILLAGE AT LA QUINTA DESIGN CONCEPT
It is noted that the Planning Commission, at the August 25, 1987
meeting, continued their review and determination of the plot plan
indefinitely so that the project may be revised to include the design
objectives for the Village at La Quinta.
The Village Specific Plan has the following design objectives:
1. Using arcades as a means of providing shaded pedestrian areas.
2. Providing pedestrian benches that are shaded by canopy trees
and/or trellises.
3. Maintaining a 10-foot building setback for the first floor.
4. Discouraging the use of boldly -colored awnings. Canvas canopies
are permissible, but should be used sparingly.
5. Encouraging signing to be an integral architectural element of
the building and site to which it principally relates.
The Planning Commission's desire for incorporation of Village Plan
design elements would suggest that a further examination of your
proposal is in order.
Should you have any questions regarding this matter, please feel free
to contact the undersigned.
Very truly yours,
1•i•�
ferry Herman
Principal Planner
JH:GP/mr
attachments: Municipal Code Section 9.160, Parking
cc: File PP 87-383
MR/LTRGP.002
STAFF REPORT
PLANNING COMMISSION MEETING
DATE: OCTOBER 13, 1987
APPLICANT: ROBIN LLEWELLYN, DIRECTOR OF LA QUINTA
REGIONAL CHILD CARE CENTER, THE ELVIRITA
LEWIS FOUNDATION
PROJECT LOCATION: 51-320 CALLE GUATEMALA; EAST SIDE OF CALLE
GUATEMALA, 200 FEET SOUTH OF AVENIDA LA FONDA
PROJECT DESCRIPTION: PRECISE PLAN NO. 87-174: ESTABLISHMENT OF A
LARGE FAMILY DAY CARE HOME (DAY CARE SERVICES
FOR BETWEEN 7 AND 12 CHILDREN WITHIN A HOME
HAVING A FLOOR AREA OF 1,500 SQUARE FEET
ZONING DESIGNATION: SR (SPECIAL RESIDENTIAL SINGLE-FAMILY)
GENERAL PLAN
DESIGNATION: MEDIUM DENSITY RESIDENTIAL (4 - 8 DWELLING
UNITS PER ACRE)
ENVIRONMENTAL
CONSIDERATIONS: PURSUANT TO SECTION 1597.46 OF THE CALIFORNIA
GOVERNMENT CODE, LARGE FAMILY DAY CARE HOMES
ARE NOT SUBJECT TO THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REVIEW
CONSIDERATIONS: BASED ON THE STATE HEALTH AND SAFETY CODE,
THE CITY CANNOT PROHIBIT LARGE FAMILY DAY
CARE HOMES ON LOTS ZONED FOR SINGLE-FAMILY
DWELLINGS. ALTHOUGH IT IS THE STATE
DEPARTMENT OF SOCIAL SERVICES' RESPONSIBILITY
TO REGULATE THE OPERATION OF LARGE FAMILY DAY
CARE HOMES, THE CITY DOES HAVE SOME LIMITED
AUTHORITY IN PRESCRIBING REASONABLE
CONDITIONS REGARDING TRAFFIC CONTROL,
PARKING, NOISE, AND SPACING/CONCENTRATION OF
LARGE FAMILY DAY CARE HOMES.
ZONING CONSIDERATIONS: SECTION 9.42.020 OF THE LA QUINTA MUNICIPAL
CODE LISTS LARGE FAMILY DAY CARE HOMES AS AN
ALLOWABLE USE SUBJECT TO OBTAINING PRECISE
PLAN APPROVAL.
MR/STAFFRPT.014 1
® 0
PROPOSAL DISCUSSION:
The Applicant, who is also Director for the La Quinta Regional Child
Care Center (The Elvirita Lewis Foundation), is establishing a Large
Family Day Care Home to provide services to between 7 and 12
children. The Applicant has entered into a residential lease
agreement with the property owner to care for a maximum of eight
children during daytime hours, ending January 31, 1988.
The Applicant applied for, but has not yet received a State
operator's license. The Riverside County Department of Public Social
Services, the regulating agency, will monitor the facility to assure
compliance with State regulations.
ANALYSIS:
1. The issuance of this Precise Plan Permit is a nondiscretionary
action with an authority to prescribe reasonable standards,
restrictions and requirements regarding traffic, parking, and
noise control and spacing/concentration of family day care homes.
2. The Planning Director has the review responsibility for Precise
Plans. However, this being the first request processed in this
manner, Planning Commission input is being sought.
3. The primary intent of Large Family Day Care Homes is to provide
the community with out -of -home child care services and
accommodate resident/applicant with an opportunity to furnish
child care services from his/her own home.
4. No other Large Family Day Care facilities exist within this
neighborhood.
5. To minimize noise impacts generated from the proposed Large
Family Day Care facility, the operation of the child care home
should be limited to a schedule suitable to maintain the
residential nature of the neighborhood.
6. To minimize, to the extend feasible, traffic and parking impacts
potentially generated from the proposed activity, the following
should be considered:
a. The driveway area should remain clear of residence/applicant
vehicle parking and be reserved strictly for a clientele
drop-off/pick-up zone during child care service operation.
All residence vehicles, provided there are two or less,
should be parked within the garage during child care service
operation.
b. On -street parking and loading of all user vehicles should be
restricted to the easterly side of Calle Guatemala along
house frontage. There is, however, no means available to
enforce or mandate this concern.
MR/STAFFRPT.014 2
FINDINGS:
1. The project is not subject to the requirements of the California
Environmental Quality Act.
2. The issuance of Precise Plan No. 87-174, a permit to operate a
Large Family Day Care Home, is a nondiscretionary action.
3. The Large Family Day Care Home will operate in accordance with
Division 12 of the California Department of Social Services,
Manual of Policies and Procedures for Family Day Care Homes for
children.
4. The City of La Quinta has the authority to prescribe reasonable
standards, restrictions and requirements regarding project
traffic, parking, noise control, and spacing/concentration of
Family Day Care Homes.
ACTION:
Based upon the above analysis and findings, Precise Plan No. 87-174
will be issued, subject to the attached Conditions, or others
identified by the Commission.
GP/mr
attachments: Exhibit A - California Day Care Facilities Act,
Excerpts from Chapter 3.4, Division 2, of the Health
and Safety Code.
Exhibit B - Residential Lease Agreement between
Applicant, Robin Llewellyn, and Property Owner, Michael
G. Stein.
Exhibit C - Project Site and Floor Plan.
MR/STAFFRPT.014 3
® 0
PRECISE PLAN NO. 87-174
CONDITIONS OF PERMIT ISSUANCE
OCTOBER 13, 1987
1. Operation of the child care home shall be limited to Monday
through Friday, 7:30 a.m. to 6:00 p.m., and Saturday, 9:00 a.m.
to 4:30 p.m.
2. The driveway area shall remain clear of residence/applicant
vehicle parking and be reserved strictly for a clientele
drop-off/pick-up zone during child care service operations. All
residence vehicles, to the extent feasible, shall be parked
within the garage during child care service operation.
MR/CONPRMT.001 1
® 0
California Child Day Care Facilities Act
Excerpts from Chapter 3.4, Division 2
of the Health and Safety Code
(Chapter 3.4, Division 2 of the Health and
Safety Code added by Stats. 1984, Ch. 1615.)
Article 1. General Provisions and Definitions
Title 1596.70. This chapter, (commencing with
Section 1596.90), and Chapter 3.6 (commencing
with 1597.30) may be cited as the California
Child Day Care Facilities Act.
(Added by Stats. 1994, Ch. 1615.)
Applicability 1596.71. The provisions of this chapter apply
to Chapters 3.5 (commencing with Section 1596.90)
and 3.6 (commencing with Section 1597.30).
(Added by Stats. 1984, Ch. 1615.)
legislative intent 1596.72. The Legislature finds all of the
following:
(a) That day care facilities for children can
contribute positively to a child's emotional,
cognitive, and educational development.
(b) That it is the intent of this state to
provide a comprehensive, quality system for
licensing day care facilities for children to
inane a quality day care enviromment.
(c) That this system of licensure requires a
special understanding of the unique
characteristics and needs of the children served
by day care facilities.
(d) That it is the intent of the Legislature to
establish within the State Department of Social
Services an organiaatcm rUctnre to separate
�ioensng of day care facilities for children
f rom those facility types administered under
Chapter 3 (commencing with Section 1500).
(e) That good quality child day care services
are an essential service for worms parrots.
(Added by Stats. 1984, Ch. 1615.)
Purpose 1596.73. The purposes o2 this chapter are to:
(a) Streamline the administration of child care
licensing and thereby increase the efficiency and
effectiveness of this system-
(b) Encourage the development of licensing
staff with knowledge and understanding of
children and child care needs.
343 EXHIBIT A
(c) Provide providers of child care with
technical assistance about licensing
nMuizunents.
(d) Enhance consumer awareness of licensing
requirements and the benefits of licensed child
care.
(e) Recognize that affordable, quality licensed
child care is critical to the well-being of
parents and children in this state.
(Added by Stats. 1984, Ch. 1615.)
Definitions:
1596.74. Unless the context otherwise
requires, the definitions contained in this
chapter govern the construction of this chapter
and Chapters 3.5 (commencing with Section
1596.90) and 3.6 (commencing with Section
1597.30).
(Added
(Added by Stats. 1984, Ch. 1615.)
'Child"
'Child" means a person who is under
18 years of age who is being provided care and
supervision in a child day care facility, except
where otherwise specified in this act.
(Added by Stats. 1984, Ch. 1615.)
"Child day care
1596.750. "Child day care facility" means a
facility"
facility which provides nonmedical care to
children under 18 years of age in need of
personal services, supervision, or assistance
essential for sustaining the activities of daily
living or for the protection of the individual on
less than a 24-hour basis. Child day care
facility includes day care centers and family day
care homes.
(Added by Stats. 1984, Ch. 1615.)
"Day care center"
1596.76. "Day care center" means any child day
care facility other than a family day care home,
and includes infant centers, preschools, and
extended day care facilities.
(Added by Stats. 1984, Ch. 1615.)
'bepartment"
1596.77. "Department" means the State
Department of Social Services.
(Added by Stats. 1984, Ch. 1615.)
'flirector"
1596.770. "Director" means the Director of
Social Services.
(Added by Stats. 1984, Ch. 1615.)
"Family day care home"
1596.78. "Family day care home" means a home
which regularly provides care, protection, and
supervision of 12 or fewer children, in the
provider's own home, for periods of less than 24
hours per day, while the parents or guardians are
away, and includes the following:
'Urge family day care
(1) 'large family day care home" which means a
home"
home which provides family day care to 7 to 12
children, inclusive, including children who
reside at the home, as defined in regulations.
"Small family day care
(2) "Small family day care home" which means a
.s
home which provides family day care to six or
344
11
fewer children, including children wbo reside at
the home, as defined in regulations.
(Added by Stats. 1984, Ch. 1615.)
'person"
1596.79. 'person" means a person as defined by
Section 19, the state, and any county.
(Added by Stats. 1984, Ch. 1615.)
"Planning agency"
1596.790. 'planning agency" means the agency
designated pursuant to Section 65100 of the
Government Code.
(Added by Stats. 1984, Ch. 1615.)
"provider"
1596.791. "Provider" means a person who
operates a child day care facility and is
licensed pursuant to Chapter 3.5 (c®encing with
Section 1596.90) or 3.6 (c®encing with Section
1597.30).
(Added by Stats. 1984, Ch. 1615.)
Inapplicability
1596.792. This chapter and Chapters 3.5
(commencing with Section 1596.90) and 3.6
(ca®encing with Section 1597.30) do not apply to
any of the following:
(a) Any health facilities, as defined by
Section 1250.
(b) Any clinic, as defined by Section I=.
(c) Any ccmmunity care facility, as defined by
Section 1502.
(d) Any family day care home providing care for
the children of only one family in addition to
the operator's own children.
(e) Any house, institution, hotel, or other
similar place that supplies board and room only,
or roam only, or board only, provided that no
resident thereof requires any element of care as
determined by the department.
(f) Any cooperative arrangement between parents
for the care of their children by one or more of
the parents where no payment for the care is
Involved.
(g) Any arrangement for the receiving and care
of persons by a relative or any arrangement for
the receiving and care of persons from only one
family by a friend of the parent, guardian, or
conservator, if the arrangement is not for
financial profit and occurs only occasionally and
irregularly, as defined by regulations of the
department.
(h) Any similar facility determined by the
department.
(Added by Stats. 1984, Ch. 1615.)
345
® ®1
1,
Family Day Care Hawes
Excerpts from Chapter 3.61
Division 2 of the Health and Safety Code
Repealer
Note: Chapter 3.6, Division 2 of the Health
and Safety Code is repealed on July 1, 1989,
under the provisions of Health and Safety Code
Section 1597.65.)
(Section 1597.35 repealed by State. 19841 Ch.
1615.)
Policy
1597.40. (a) It is the intent of the
Legislature that family day care homes for
children must be situated in normal residential
surroundings so as to give children the home
environment which is conducive to healthy and
safe development. It is the public policy of
this state to provide children in a family day
care home the same hone environment as provided
in a traditional hone setting.
The Legislature declares this policy to be of
statewide concern with the purpose of occupying
the field to the exclusion of municipal zoning,
building and fire codes and regulations governing
the use of occupancy of family day care hones for
children, except as specifically provided for in
this chapter, and to prohibit any restrictions
relating to the use of single-family residences
for family day care homes for children except as
provided by this chapter.
(b) Every provision in a written instrument
entered into relating to real property which
purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of such real
property for use or occupancy as a family day
care home for children, is void and every
restriction or prohibition in any such written
instrument as to the use or occupancy of the
property as a family day care home for children
is void.
(c) Every restriction or prohibition entered
into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to
real property, which restricts or prohibits
directly, or indirectly limits, the acquisition,
use, or occupancy of such property for a family
day care home for children is void.
(Renumbered —formerly 1597.501—and amended by
Stats. 1983, Ch. 1233.)
Applicable to wall
1597.45. All of the following shall apply to
family day
small family day care hones:
care homes
(a) The use of single-family residence as a
small family day care hone shall be considered a
409
• residential use of property for the purposes of
all local ordinances.
/ (b) No local jurisdiction shall impose any
business license, fee, or tax for the privilege
of operating a small family day care home.
(c) Use of a single-family dwelling for
purposes of a small family day care hone shall
not constitute a change of occupancy for purposes
of Part 1.5 (commencing with Section 17910) of
Division 13 (State Housing Law) or for purposes
of local building codes.
(d) A small family day care home shall not be
subject to the provisions of Article 1
(commencing with Section 13100) or Article 2
(commencing with Section 13140) of Chapter 1 of
Part 2, except that a small family day care home
shall contain a fire extinguisher or smoke
detector device, or both, which meets standards
established by the State Fire Marshal.
Applicable (Added by Stats. 1983, Ch. 1233.)
Apple to
icabls large 1597.46. All of the following shall apply to
family day large family day care homes:
care (a) A city, county, or city and county shall
not prohibit large family day care homes on lots
zoned for single-family dwellings, but shall do
one of the following:
(1) Classify these homes as a permitted use of
residential property for zoning purposes.
(2) Grant a nondiscretionary permit to use a
lot zoned for a single-family dwelling to any
large family day care home that complies with
local ordinances prescribing reasonable
standards, restrictions, and requirements
concerning spacing and concentration, traffic
control, parking, and noise control relating to
such hones, and complies with subdivision (d) and
any regulations adopted by the State Fire Marshal
pursuant to that subdivision. Any noise
standards shall be consistent with local noise
ordinances implementing the noise element of the
general plan and shall take into consideration
the noise level generated by children. The
permit issued pursuant to this paragraph shall be
granted by the zoning administrator, if any, or
if there is no zoning administrator by the person
or persons designated by the planning agency to
grant such permits, upon the certification
without a hearing.
(3) Require any large family day care hone to
apply for a permit to use a lot zoned for single-
family dwellings. The zoning administrator, if
any, or if there is no zoning administrator, the
person or persons designated by the planning
agency to handle the use permits shall review and
410
decide the applications. The use permit shall be
granted if the large family day care home
complies with local ordinances, if any,
f �I prescribing reasonable standards, restrictions,
and requirements concerning spacing and
concentration, traffic control, parking, and
noise control relating to such homes, and
complies with subdivision (d) and any regulations
adopted by the State Fire Marshal pursuant to
that subdivision. Any noise standards shall be
consistent with local noise ordinances
implementing the noise element of the general
plan and shall take into consideration the noise
levels generated by children. The local
government shall process any required permit as
economically as possible, and fees charged for
review shall not exceed the costs of the review
and permit process. Not less than 10 days prior
to the date on which the decision will be made on
the application, the zoning administrator or
person designated to handle such use permits
shall give notice of the proposed use by mail or
delivery to all owners shown on the last
equalized assessment roll as owning real property
within a 100 foot radius of the exterior
boundaries of the proposed large family day care
home. No hearing on the application for a permit
issued pursuant to this paragraph shall be held
before a decision is made unless a hearing is
requested by the applicant or other affected
person. The applicant or other affected person
may appeal the decision. The appellant shall pay
the cost, if any of the appeal.
(b) A large family day care home shall not be
subject to the provision of Division 13
(commencing with Section 21000) of the Public
Resources Code.
(c) Use of a single-family dwelling for the
purposes of a large family day care home shall
not oonstitute a change of occupancy for purposes
of Part 1.5 (commencing with Section 17910 of
Division 13 (State Housing Law), or for purposes
of local building and fire codes.
(d) Large family day care homes shall be
considered as single-family residences for the
purposes of the State Uniform Building Standards
Code and local building and fire codes, except
with respect to any additional standards
specifically designed to promote the fire and
life safety of the children in these homes
adopted by the State Fire Marshal pursuant to
this subdivision. The State Fire Marshal shall
adopt separate building standards specifically
relating to the subject of fire and life safety
411
RESIDENTIAL LEASE
Landlord
THIS IS IN Ex5EEy����pI�B�QiD BE A LEGALLY BINDING AGREEMENT —READ IT CA ILLY.
T RNIA ASSOCIATION OF REALTORS• STANDARD FORM
Tu119
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California---.- --. _-.._.__ ._. �_--__yL--
1,acl:._'1__v t i.__. -___--_.._._____ _ ,Landlord, and
Tenant, agrees as follows.
those premises described
together with the following furniture, and appliances, if any, and fixtures. r r 1,-LiI In'c-m rnver;n n, PI r'r, hrj_r
_range,diShfaasltr:r--
(looser! "as shown on Exhibit A attached hereto" and attach the exhibit if the list is extensive.)
2.Thetermofthisleaseshallbeforaperiodol - .-- UiX___XfilXdCpC3(dC months, Was
commencing _ __ 1i ,U 't I 1 _ _ and terminating __. _ _ Tannnry ? 1 19_3E_. 3. Tenant is to pay atotel rent of $. vpayable as follows 1F0-00 doe IIllsnmclen ,:l -
m_aut. rer. re. son ti.n 7 fi r.',t rn)an ,, r.m L. 'l ) -,i)-lue__thr '; rP,t T,;iy of Leh_
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p_rii_in lull. _.
;l Ili_an_I .-_1_or_ of the house sLt the___
The rent shall be paid ai "11 `- -- •- y—' u-��-III---
or at any address designated by the Landlord in writing.
* ** 4, $_ S5n.00 as security has been deposited. Landlord may use therefrom such amounts as are rea-
sonably necessary to remedy Tenant's tdfaults in the payment of rent, to repair damages caused by Tenant, and to clean the premises upon
termination of tenancy. If used toward rent or damages during the term of tenancy, Tenant agrees to reinstate said total security deposit upon
live days written notice delivered to Tenant in person or by mailing. Balance of security deposit. if any, together with a written Itemized
accounting shall be mailed to Tenant's last known address within 14 days of surrender of premises.
5. Tenantagr@esto pay for alfutirtieSand services based upon occupancyofthe premises and the following charges: fern yarc'
nowt andd S�r�e o C debris and rnsint-n a clean Filter a _COnor/
which shall be paid for by Landlord.
6. Tenant has examined the premises and all furniture, furnishings and appliances if any, and fixtures contained therein, and accepts
the same as being clean, in good,order,condition, and re.pair.wnh the following exceptions: 211Y eXceptlons May be r_Q=
named persons:
No animal, bird, or pet except _110__Slc Er. L;I )nL_.
shall be kept on or about the premises without Landlord's print wntten consent.
B. Any holding overat the expiration of this lease shall create a month to month tenancy at a monthly rent of$t0 be nej!0
payable in advance. Alt other terms and conditions herein shall remain in full force and effect.
9. Tenant shall not disturb, annoy, endanger or interfere with other Tenants of the building or neighbors, nor use the premises for any
unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises.
10. Tenant agrees to comply with all reasonable rules or regulations posted on the premises or delivered to Tenant by Landlord.
11. Tenant shall keep the premises and furniture, furnishings and appliances, it any, and fixtures which are leased for his exclusive use in
good order and condition and pay for any repairs to the property caused by Tenants negligence or misuse or that of Tenant's invitees
Landlord shall otherwise maintain the property. Tenant's personal property is not Insured by Landlord.
12, Tenant shall not paint, wallpaper, nor make alterations to the property without Landlord's prior written consent.
13. Upon not less than 24 hours advance notice, Tenant shall make the demised premises available during normal business hours to
Landlord or his authorized agent or representative, for the purpose of entering (a) to make necessary agreed repairs, decorations, alterations
or improvements or to supply necessary or agreed services, and (b) to show the premises to prospective or actual purchasers, mortgagees,
tenants, workmen or Contractors. In an emergency, Landlord, his agent or authorized representative may enter the premises at any lime
without securing prior permission from Tenant for the purpose of making corrections or repairs to alleviate such emergency.
14. Tenant shall not let or sublet all or any part of the premises nor assign this lease or any interest in it without the prior written consent of
Landlord.
15. If Tenant abandons or vacates the premises, Landlord may at his option terminate this lease, and regain possession in the manner
prescribed by law.
16, If any legal action or proceeding be brought by either party to enforce any part of this lease, the prevailing party shall recover in
addition to all other relief, reasonable attorneys fees and costs.
17. Time is of the essence. The waiver by Landlord or Tenant of any breach shall not be construed to be a continuing waiver of any
subsequent breach.
18. Notice upon Tenant shall be served as provided by law, Notice upon Landlord may be served upon Managerof the demised premises
at TaIII ,11t1 Pr;al .etatr, _ _..Said M major is authorized to accept service on behalf of Landlord.
19, Within 10 days after written notice, Tenant agrees to execute and deliver a certificate as submitted by Landlord acknowledging that
this agreement is unmodified and in lull force and effect or m full force and effect as motlified and stating the modifications. Failure to comply
shall be deemed Tenant's acknowledgement that the certificate as submitted by Landlord is true and correct and may be relied upon by any
lender or purchaser.
20. The undersigned Tenant gcknow dges bV read the foregoing prior to execution and receipt of acopy hereof.
Landlon:J I _ Tenant _-
c ae ,G. a Sin Rob:i_n Llewe-5.lyn
I ardtord Tenant
NO REPRESENTATION IS WIDE AS TO THE LEGAL VALIDITY OF ANY PROVISION OR THE ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION.
A REAL ESTATE BROKER M THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE CONSULT YOUR ATTORNEY
Toeleeu WntaelAverr Los ArWllls,an ofrraAlle' ,! l
C,, i Virg) Avenue. Los Angeles,ONilamla 01 Fri L
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MEMORANDUM
CITY OF LA QUINTA
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: PLANNING AND DEVELOPMENT DEPARTMENT
DATE: OCTOBER 13, 1987
SUBJECT: CLARIFICATION OF HOME OCCUPANCY REGULATIONS
The current Home Occupation provisions of the La Quinta Municipal
Code were adopted by the City Council on May 3, 1983, after receiving
a positive recommendation by the Planning Commission on April 12,
1983.
The regulations contain 14 specific "Criteria and Conditions" which
are used in reviewing applications (attached).
REQUEST
Clarification is sought regarding Criteria "G", which states, "There
shall be no dispatching of persons or equipment to or from the
subject property, including the use of commercial vehicles which
operate to and from the premises."
ANALYSIS
1. On September 2, 1987, a Home Occupation Application was received
requesting the establishment of a "Limousine Service". The
activity was described as a limousine service dispatched from the
Applicant's dwelling.
Based upon Criteria "G", Staff declined to approve the
application.
6.
MR/MEMOPC.009 1
E
Subsequent to the denial, the Applicant submitted additional
information on the activity for consideration and identified the
use as being similar to that of a pool service.
2. A limousine service is similar to a taxi service; both are
dispatched from a given location to provide transportation for an
individual or individuals.
3. A pool service that is issued a Home Occupation Permit uses a
non-commercial vehicle, and completes a customer service route in
the course of a work day.
4. Limousines are registered as commercial vehicles by the State
Department of Motor Vehicles.
OPTIONS
The following options are available:
1. Amend the regulations to permit commercial vehicles such as
limousines and/or taxis.
2. Clarify the regulations by specifying limousines and taxis as
vehicles not permitted.
3. Do not change the regulations; Staff will continue to administer
the Home Occupation criteria as it has in the past.
RECOMMENDATION
Schedule a Public Hearing to consider amendment of the Home
Occupation criteria to specifically identify limousines and taxicabs
as examples of commercial vehicles, prohibited by Criteria G.
MR/MEMOPC.009 2