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2008 10 14 PC� T City of La Quinta Planning Commission Agendas are now oF9w available on the City's Web Page @ www.la-guinta.orq PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California OCTOBER 14, 2008 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2008-029 Beginning Minute Motion 2008-016 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of September 23, 2008. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item .................. CONDITIONAL USE PERMIT 2008-115 Applicant........... Palm Springs Cultural Center Location............ 78-100 Main Street; Old Town La Quinta in the La Quinta Village. Request ............. Consideration of an Outdoor Certified Farmers Market. Action ............... Resolution 2008- B. Item .................. CONDITIONAL USE PERMIT 2008-114 Applicant........... La Quinta Farmers/Flea Market, Inc. Location............ 77-880 Calle Tampico; Benjamin Franklin Elementary School in the La Quinta Village. Request ............. Consideration of an Outdoor Market. Action ............... Resolution 2008- C. Item ................... CONTINUED - SIGN APPLICATION 2008-1281 Applicant............ Highway One Eleven Partners, LLC Location ............. Northeast Corner of Highway 111 and Dune Palms Road Request ............. Consideration of a Sign Program for Permanent Business Identification Signage for the Madison Square Commercial Retail Development Action ............... Minute Motion 2008- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council Meeting of October 7, 2008, from Commissioner Weber. B. October 21, 2008, Council Meeting Attendee scheduled to be Commissioner Wilkinson IX. DIRECTOR ITEMS: A. Report back to Commission regarding City Code requirement for use of Smart Controllers. (Memo to be distributed at meeting.) X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on October 28, 2008, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, October 14, 2008 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, October 10, 2008. DATED: October 10, 2008 CAROLYN WALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 23, 2008 IV V CALL TO ORDER 7:01 P.M. A. This meeting of the Planning Commission was called to order at 7:01 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Planner Stan Sawa, Principal Planner Andrew Mogensen, and Executive Secretary Carolyn Walker. PUBLIC COMMENT: None CONFIRMATION OF THE AGENDA: Confirmed CONSENT CALENDAR: Chairman Alderson asked if there September 09, 2008. There being Commissioners Barrows/Wilkinson Unanimously approved. PUBLIC HEARINGS: were any changes to the Minutes of none, it was moved and seconded by o approve the minutes as submitted. A. Site Development Permit 2008-904; a request of T. D. Desert Development for consideration of architectural and landscaping plans for six new prototypical unit types and a sales center, located on the east side of Madison Street between Avenue 58 and Avenue 60 in Andalusia at Coral Mountain. Chairman Alderson opened the public hearing and asked for the staff report. PAReports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc Planning Commission Minutes September 23, 2008 Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked for the location of the houses which were already constructed. Staff highlighted the location on the power point exhibit and explained the completed areas and proposed residences. Commissioner Barrows had a question as to whether the lawn was next to the curb and whether there was an Ordinance preventing that. Staff said the lawn is next to the curbs and there are requirements for the distance between the curb and the sprinkler heads. Commissioner Barrows suggested the landscape architect modify the plans to move the lawn from the curb up next to the building as she was concerned about the functionality of the turf and water runoff into the street. Commissioner Wilkinson said he toured the site and saw no parking available for the models. Staff said if the plan was approved parking spaces would be required. Commissioner Wilkinson asked if the City had any plans to require a percentage of new developments to meet no turf requirements. Planning Director Johnson replied the City did not have such a requirement and explained how the landscaping assessment was done by the Coachella Valley Water District (CVWD) in the review of the final landscaping plans. Their review includes the efficiency provisions of their Ordinance and contains water allowances and turf calculations based on what is proposed. He pointed out the majority of the current residences were built under the previous provisions, and new building would be reviewed under the latest provisions. Staff pointed out it was the Commission's option to impose something more restrictive and used the example of the restrictions on water features. Commissioner Wilkinson commented on the seriousness of water conservation. Staff said the conversation was certainly relevant to new construction, but of major concern was retrofitting or redevelopment of existing landscaped areas. The current efficiency standards would help with future development. PAReports - PC\2008\1 0-1 4-08\Draft Minutes 9-23-08.doc 2 Planning Commission Minutes September 23, 2008 Commissioner Wilkinson asked if all the new homes had the Smart Controllers offered by CVWD. Staff replied they were a required element for new construction, but did not know if that applied to single family homes. Commissioner Barrows said she thought the City Ordinance required Smart Controllers and it applied to developer -installed versus single- family. Staff replied they would get back to the Commission on the specifics, but whatever CVWD identified in their model ordinance was followed by the City. Staff said there was currently a program to assist with the purchase of Smart Controllers for retrofitting. Chairman Alderson asked if the Smart Controllers were a requirement would they be installed. Staff replied if they were mandated they would be included. This would be addressed in the final landscape plans. Chairman Alderson asked if the reference on Page 3, Paragraph 5 referred to exterior trowel -smoothed plaster such as that in Andalusia. Staff replied it was the same as stucco. Chairman Alderson asked if the second story, at 28 feet, was in violation of the City's height codes. Staff replied the Code allowed 32 feet. Chairman Alderson asked if there would be any sight problems with the two-story versus the one-story homes as he was concerned about the effect upon the current residences. Staff said it was a buyers' option and there could be situations where there could be a conflict. Chairman Alderson asked if staff had a site plan for the Commissioners to view. Staff said they did not have a site plan identifying the location of possible two-story units. Staff suggested the developer's architect might have more information on this issue. Planning Director Johnson pointed out there was a condition of approval that did not allow the two-story option to be built against existing homes. The matter would only be pertinent to new construction away from, and not adjacent to, the existing homes. Staff made every effort to make sure there was a separation between the established residences. Chairman Alderson had a question about the lot coverage and asked if it was within Code. Staff said yes. P:1Reports - PC\2008\10-14-08\Draft Minutes 9-23-08.doe 3 Planning Commission Minutes September 23, 2008 There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Mark Pekarek, Pekarek-Kendall Architects, 31872 Camino Capistrano, Suite 100, San Juan Capistrano, California, introduced himself and gave a presentation of the layout of the lots and how the views were effected by the layout. Commissioner Quill asked if there was a representative from Andalusia. Mr. Pekarek replied there was not. Commissioner Quill asked if Mr. Pekarek knew if the front yards were maintained by a homeowners' association with a single gardening service maintaining them all. Mr. Pekarek said the front yards were maintained by the homeowners' association while the rear yards were maintained by the individual homeowners. Chairman Alderson referred to Commissioner Wilkinson's earlier comments on the water conservation and asked how much sod was contained in each home not using the desert plan. Commissioner Quill replied it was only about eight feet wide. The Commissioners and staff then went over the landscaping plans. Commissioner Weber asked if Mr. Pekarek knew whether the homes were being built to minimum Title 24 standards, or did they go beyond that. Mr. Pekarek replied they were making efforts to include as much energy efficiency as possible with the addition of features such as solar light wells on the roof and tankless water heaters. Their objective was to build a greener product than what was presently there. Commissioner Weber asked if they were anticipating the inclusion of solar panels. Mr. Pekarek said he was not sure because it is a golf community and there is sensitivity of the issue of concrete versus clay tiles due to the possibility of golf balls damaging the roofs. Commissioner Weber said he hoped future developers would work with the local utility on recommendations for energy efficiency measures. Mr. Pekarek said at one time they did consider working towards LEED certification, but he couldn't guarantee that now. Commissioner Weber commented on LEED certification, Title 24, and the ability to build a marketable green product. P:\Reports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc 4 Planning Commission Minutes September 23, 2008 Commissioner Weber asked if an ALRC condition regarding decorative treatment in the driveway had been included. Staff replied the ALRC had asked the applicant to include pavers in the design of the driveway to draw visual attention to the front door since it was somewhat offset and hidden from the street view. Mr. Pekarek asked that Proposed Plan 11 be shown to the Commissioners and he described the layout and pointed out where the paved driveway would be included. He agreed a design enhancement was needed to define the home's entry. Commissioner Weber asked about the logistics of the staff review of the condition requesting the pavers. Staff responded by saying typically the Building & Safety Department reviewed the prototypical plans, and oversaw compliance of the conditions. Commissioner Weber asked if no -turf was a viable option and wanted to know the percentage of existing homes utilizing that option. He wondered if many buyers were utilizing this option since their landscaping was maintained by the homeowners' association. Mr. Pekarek said he was not really able to comment on that because he -was not the landscape architect. However, he did not recall seeing any of the existing homes with lawn but were, instead, utilizing a desertscape theme. Commissioner Barrows wanted to know if there was an opportunity for the homeowner to provide window shading either through the planting of trees or through architectural features. She did not see anything on the drawings that addressed that concern. Mr. Pekarek said there was nothing in the plans as there was only a two- inch recess on the windows. However, they were using windows with a low-E factor, high shading coefficient. Those features should help reduce some of the solar impact on the homes. Commissioner Barrows said she was interested in modifications that could provide more shading; such as planting trees, but that was the homeowner's prerogative. Mr. Pekarek said that was a landscaping issue. Commissioner Barrows said the project had a lot of turf, in terms of the golf course and water, but she was in agreement with staff's recommendations. PAReports - PC\2008\10-14-08\Draft Minutes 9-23-OB.doc 5 Planning Commission Minutes September 23, 2008 Chairman Alderson asked staff if they knew what percentage decided not to go to a no -turf option. Planning Director Johnson said since it's addressed on a case -by -case basis with the individual homes, he could not provide a specific percentage or number. Chairman Alderson asked if staff noticed any current trend in the choice of no -turf landscaping. Staff said they did not see a heavy use of that option. He cited the example of the Standard Pacific development on Avenue 58. Chairman Alderson asked Mr. Pekarek if he agreed with the conditions of approval. Mr. Pekarek said the client agreed to them. Commissioner Wilkinson was concerned about the possibility of the two story homes being restricted to one side of the street versus another. He gave the example of Phase 3, where the two story homes could be located on the north side of the street they would be looking over the other houses and that made sense. But, if the houses on the south side of the street exercise the option they would not be looking at any mountains and would be blocking the peoples' views from across the street. Mr. Pekarek said that was correct. Commissioner Wilkinson asked if there was any thought given to limiting the second story option. Mr. Pekarek said yes. They planned to pre -plot each house and eliminate the second story from certain lots. He added the second floor was designed only for the 55 foot lots. The two story lots would mainly border Avenue 60 where their rear view was the golf course, and the front view would be homes. In other areas they will mix in the two story homes to vary the street scene. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Barrows recommended complete elimination of the turf; and if that is not acceptable, move the turf away from the curb. P:\Reports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc Planning Commission Minutes September 23, 2008 Chairman Alderson asked if Commissioner Barrows was suggesting the turf be moved back from the curb a specific distance. Commissioner Barrows replied there doesn't need to be any turf at all given the amount of turf included in the project, in terms of the golf course. Commissioner Weber asked if she was referring to natural turf or suggesting artificial turf would be of benefit. Commissioner Barrows said artificial turf would be acceptable. She said the Commission should be very careful about natural turf next to the curb. Commissioner Barrows suggested more architectural enhancements along the windows on the left and right elevations to provide shading. Commissioner Quill said this was a very high quality community, but he also had concerns about the turf being so close to the street. He gave a breakdown of the calculation of water run off from the street side turf. He said he would also prefer to eliminate the turf as he thought the turf was not in a very good location. He echoed the sentiments of Commissioners Weber and Barrows on their sustainable energy comments. Commissioner Wilkinson said he saw this as a slow transition in terms of sustainability, energy efficiency, and the reduction of water use and added the comment that the rolled curbs would cause the runoff to be even more severe. He asked if there was a way to condition a percentage of the lots be no turf landscape. Commissioner Quill said what he and Commissioner Barrows were suggesting was no turf at all. Chairman Alderson asked if Commissioner Wilkinson was asking about making some type of future restriction on all projects. Commissioner Wilkinson said he didn't want to change the Code but to add a new condition. He asked if they could actually require no turf. He added if people of means want turf, they are going to put it in as soon as they move in. Commissioner Quill said he believed the front yard landscaping couldn't be changed if it was maintained by the homeowners' association. Commissioner Wilkinson was concerned whether the Planning Commission could actually condition zero turf in a development. PAReports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc 7 Planning Commission Minutes September 23, 2008 Chairman Alderson said we can give them the, no turf option which is part of the conditions of approval now or they can landscape it the way they have it now using an artificial turf as an alternative. Planning Director Johnson added the Commission should identify what approach they took to establish the no -turf condition for all, or a percentage, of the units and just make sure it is clear for the record what substantiated that position. Chairman Alderson said there was no equitable way, in one meeting, that they could establish percentages with all the different sizes and configurations on the lots. He said he would go with the recommendation of a no turf option or, if they do want to put in turf, make it artificial. There was no further discussion, and it was moved and seconded by Commissioners Barrows/ Weber to approve Minute Motion 2008-015 recommending approval of Site Development Permit 2008-904 with the addition of a condition that would either remove the turf from the front yard landscaping or provide for artificial turf to be used instead. Unanimously approved. B. General Plan Amendment 2008-114 and Zone Change 2008-134; a request the City of La Quinta for consideration of amendments to the La Quinta General Plan and Zoning Map, amending the land use designations of three existing school sites and a community facility from various land uses and zoning designations to Major Community Facilities (MC), located at Site A -Colonel Mitchell Paige Middle School; Site B-Horizon School; Site C-Benjamin Franklin Elementary School; and Site D-Fritz Burns Community Park and a portion of the adjacent City Public Works Yard. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Weber commented on the recent training he and Commissioner Wilkinson received regarding school planning. He acknowledged the Commission would probably not have any future opportunities to comment on school zoning since Desert Sands Unified School District (DSUSD) was probably built -out in La Quinta. He hoped if P:\Reports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc 8 Planning Commission Minutes September 23, 2008 conditions changed the City and DSUSD would develop better communications in the planning process as this correction was happening after the fact possibly due to lack of communication. He noted the school district could have used a representative at the meeting. Chairman Alderson asked about Area D and questioned what area of the City Yard would be devoted to the fire station; as well as the access. Staff explained what portion of the property would be devoted to the fire station. Planning Director Johnson said the whole property would not be devoted to the fire station. He explained the 1) phasing of the plan, 2) street alignment, 3) signalization of Avenue 52, and 4) proposed site plan. Commissioner Weber complimented the City on working with the utility companies to try to insure the design was energy efficient. He commended the City for doing their due diligence to maximize the project's efficiency. Commissioner Quill recommended staff write a letter to the Traditions sales office, sales representatives, and homeowners' association to indicate to them the necessity of disclosing the potential of the fire station to any prospective home buyers of property along the back wall. Planning Director Johnson said they did contact the Vice President of the homeowners' association. He was informed most of the homeowners were away and would not return until November or December. Staff understands the importance of being a good neighbor and definitely wanted to hear the homeowners' input. He added that staff is prepared to meet with them to talk about specifics of the site. He did note, from a noise standpoint, there would not be much change from the existing fire station as it is currently closer to residences than the proposed new location. The Fire Department views this new location as being a more effective and efficient location to serve the Cove and surrounding areas. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no further applicant comments Chairman Alderson asked if there was any public comment. PAReports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc 9 Planning Commission Minutes September 23, 2008 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-025 recommending approval of General Plan Amendment 2008-114 as submitted. Unanimously approved. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-026 recommending approval of Zone Change 2008-134 as submitted. Unanimously approved. C. General Plan Amendment 2008-117 and Zone Change 2008-137; a request of the City of La Quinta for consideration of an amendment to the La Quinta General Plan and Zoning Map to revise the land use identification of a .32 acre parcel zoned Parks and Recreation to Tourist Commercial on the Official General Plan and Zoning Map, located southeast of the intersection of Washington Street and Miles Avenue. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Weber asked if the Redevelopment Agency had already taken some action on this change. Staff replied the Redevelopment Agency was in the process of crafting a development agreement for a future restaurant on the adjacent parcel. This change of land use zoning would facilitate any future action which would of course be approved by the Commission and Council. Chairman Alderson asked if by combining these two pieces you would have a little over an acre of workable land for a restaurant. Staff replied that was correct. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. P:\Reports - PC\2008\10-14-08\Draft Minutes 9-23-08.doc 10 Planning Commission Minutes September 23, 2008 Mr. John Corella, 79-785 Shadwell Circle, La Quinta, California, introduced himself and said he represented Hibachi restaurant and commented on the desirability of the location. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion, and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-027 recommending approval of General Plan Amendment 2008-117 as submitted. Unanimously approved. There was no further discussion, and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-028 recommending approval of Zone Change 2008-137 as submitted. Unanimously approved. D. Sign Application 2008-1281; a request of Highway One Eleven Partners, LLC for consideration of a sign program for the Madison Square commercial retail development, located on the northeast corner of Highway 111 and Dune Palms Road. Planning Director informed the Commission the applicant had requested a continuance to the next meeting. Applicant is in the process of making changes to the sign plan. There being no further discussion, it was moved and seconded by Commissioners Quill /Barrows to continue Sign Application 2008-1281 to October 14, 2008, as requested. Unanimously approved VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Commissioner Quill gave a report on the City Council Meeting of September 16, 2008. Commissioner Weber is scheduled to present the next Council report. B. Chairman Alderson thanked the Public Works Department for their provision of the Construction Reports and Schedules. He said he had PAReports - PC\2008\1 0-1 4-08\Draft Minutes 9-23-08.doc l 1. Planning Commission Minutes September 23, 2008 some concerns about the lack of progress on Highway 111 and appreciated the information contained in the reports. Planning Director Johnson commented on the completion date for the Highway 111 improvements which was scheduled for the Thanksgiving holiday weekend, if not sooner. Commissioner Quill gave an anecdotal comment about taking the bus and the importance of properly planning for sidewalks, proper placement of bus stops and the obstacles pedestrian face if the planning is done improperly Commissioner Weber commented on the Planning Commissioner Training he had attended and showed some of the exhibits he received. He said it was really good training and appreciated the City allowing them to opportunity to attend. Planning Director Johnson updated the Commissioners on the training series and said he was impressed with the presentations and the quality of the speakers who were there. The Commissioners received a sheet of upcoming events and were advised to let staff know if they were interested in attending any one of the series events. IX: DIRECTOR ITEMS: None K 3010111G10 1u1A►1110 There being no further business, it was moved and seconded by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on October 14, 2008. This regular meeting was adjourned at 8:18 p.m. on September 23, 2008. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California P:\Reports - PC\2008\1 0-1 4-08\Draft Minutes 9-23-08.doc 12 PH#A PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 14, 2008 CASE NO.: CONDITIONAL USE PERMIT 2008-115 APPLICANT: PALM SPRINGS CULTURAL CENTER REQUEST: CONSIDERATION OF AN OUTDOOR CERTIFIED FARMERS MARKET LOCATION: 78-100 MAIN STREET; OLD TOWN LA QUINTA IN THE LA QUINTA VILLAGE (ATTACHMENT 1) PROPERTY OWNER: WELLS MARVIN GENERAL PLAN: VILLAGE COMMERCIAL ZONING: VILLAGE COMMERCIAL ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15304 (CLASS 4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THE PROPOSED PROJECT INVOLVES MINOR TEMPORARY USE OF LAND HAVING NO NEGLIGIBLE OR PERMANENT EFFECTS ON THE ENVIRONMENT. SURROUNDING LAND USES: NORTH: HOTEL (EMBASSY SUITES), RETAIL (CIRCLE K, SANDBAR) SOUTH: RETAIL (LA QUINTA LIQUOR STORE, DESERT SAGE, CRAB POT) EAST: VACANT/OFFICE (VERIZON BUILDING), PARKING WEST: RETAIL (ACE HARDWARE), CITY PARKING LOT BACKGROUND: The Palm Springs Cultural Center, a Non -Profit Corporation which runs the Palm Springs Certified Farmers Market, has proposed to operate a season -long outdoor 1 certified farmers market in La Quinta. The proposed market is to be located along Main Street in Old Town La Quinta, in the La Quinta Village District. The certified farmers market would operate similar to the farmers market the applicant operated on Saturdays in the City of Palm Springs. The proposed farmer's market would run every Sunday for approximately a six (6) month period. The California Department of Food and Agriculture (CDFA) is responsible for certifying farmers markets throughout the State. The CDFA sets specific and general guidelines for the operations, marketing and food handling for such an event, and requires that all farmers markets are certified prior to operation. The applicants have secured the permit for a Certified Farmers Market and are registered with the CDFA (Attachment 2). REQUEST: The applicant requests a Conditional Use Permit to allow the operation of a seasonal outdoor certified farmers market and associated temporary structures to be held on a weekly basis at Old Town La Quinta (Attachment 3). The proposed event would begin in October and run through the month of May; this year's event would begin on November 9, 2008. It will be open to the public between the hours of 8:00 a.m. and 12:00 p.m, with setup between 6:00 a.m and 8:00 a.m. and cleanup between 12:00 p.m. and 2:00 p.m. The event proposes to have certified farmers for the sale of produce and vegetables as well as non-food vendors for the sale of other food -stuff items. The market has set a goal of at least 25% - 50% of "organic" farmers. Although not all vendors will sell produce, the event has proposed to maintain at least eighty (80) percent of the booths for certified farmers. The proposed event would close Main Street and other private streets accessing Old Town La Quinta to vehicular traffic; allowing a pedestrian atmosphere to take its place (Attachment 4). Starting at 6:00 a.m., vendors would be allowed to set-up their booths, tents and merchandise. All temporary services, such as trash cans and barricades would be placed on site prior to the 8:00 a.m. opening. Since the operation is temporary, all items would be removed from the site by 2:00 p.m. and the private streets will then reopen. The event proposes to allow a maximum of forty (40) vendors and would provide patrons with a diverse range of high -quality food products and aims to create a pleasant, pedestrian atmosphere. The event would prohibit individual vendors to play music, but would allow for live performances of music. E ANALYSIS: The proposed event is consistent with the approved specific plan (SP 02-058) for Old Town La Quinta. Additionally, the proposed event, as conditioned, is in compliance with the City of La Quinta Municipal Code and General Plan. The Certified Farmers Market at Old Town La Quinta is expected to be a destination event in the La Quinta Village Commercial District. The event would serve as a place for locals to congregate and enjoy an outdoor shopping experience, at a time when the season is ideal to be outside. The event has the potential to benefit not only residents of La Quinta, but also businesses in Old Town La Quinta and the La Quinta Village Commercial District. In addition, Old Town La Quinta provides a great event location as it has existing businesses and has an existing pedestrian ambiance. Lastly, the proximity to nearby residential neighborhoods could encourage many patrons to walk or bicycle to the event. Old Town La Quinta hosts several similar events throughout the year, including Art Under the Umbrellas, and Art, Culture, Nightlife at Old Town La Quinta. As with these similar events, the Old Town La Quinta Leasing and Property Management staff will oversee the proposed event to ensure compliance with leasing requirements and the general function and quality of the event. Old Town La Quinta's pedestrian scale, existing shops, and site layout add to the success of such events and it is anticipated that the Old Town ambiance will benefit both the farmer's market and existing businesses. Farmers Market The proposed event would allow a maximum of forty (40) individual vendors to operate during the farmer's market. It is anticipated that many of the vendors will operate under "pop-up" — type tents or similar structures. The applicant has proposed to allow direct sales of products from vendor vehicles; however, due to concerns over site aesthetics and pedestrian safety, staff has recommended that limitation be placed on all on -site vehicles located within the event boundaries during the hours the event is open to the public. Products available for sale are limited by the applicant's event description, business plan, and the conditions of approval. Per the applicant's event description, vendors are limited to the sale of vegetables, dried and fresh fruit, nuts, eggs, honey, cut flowers and plants, and other similar types of produce and products. Additionally, the applicant has proposed to allow craft vendors to operate at the event during the holiday season (November — December). The Riverside County Department of Environmental Health (DEH) also requires a permit for the operations of a food facility and food handlers permit. The DEH sets specific and general guidelines for the operation and food handling for such an K event. The applicants have secured the necessary permits from the DEH to operate their event (Attachment 5). Parkin Since the event is conducted on Sunday mornings, when the demand for parking is relatively low, there should be minimal effects on nearby residences, and the normal flow of traffic. Additionally, ample parking exists within and adjacent to Old Town La Quinta including public parking lots along Avenida Bermudas, Avenida La Fonda and other public roadways located throughout the La Quinta Village Commercial District. The parking provided for the event is anticipated to accommodate those attending the event while also leaving sufficient parking for residences and businesses. The outdoor event is a compatible use for the proposed area. Only minimal impacts on nearby businesses and the surrounding residential neighborhood are anticipated, as there is sufficient parking on -site and throughout the La Quinta Village District to support the use. Though the temporary event and its associated temporary structures will convey a temporary appearance, the applicant has provided aesthetic relief by having ail vendors face inward into the site, and has limited vendor display and signage. Therefore, staff is recommending approval of the Conditional Use Permit for the current 2008 - 2009 season, as well as three subsequent. seasons (2009-2010, 2010-2011, 2011-2012), subject to conditions of approval. Public Notice This request was published in the Desert Sun newspaper on October 1, 2008, and mailed to all affected property owners within 500 feet of Old Town La Quinta as required by Section 9.200.1 10 of the La Quinta Municipal Code. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments on September 18, 2008. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. 4 RECOMMENDATION: Adopt Planning Commission Resolution 2008- , approving Conditional Use Permit 2008-115, subject to the attached Findings and Conditions of Approval. Prepared by: ERIC CEJA, As 'stant Planner Attachments: 1. Location map 2. CDFA Certified Farmers Market Permit 3. Business Plan 4. Event Layout 5. DEH Permit w PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING AN OUTDOOR CERTIFIED FARMERS MARKET TO OPERATE ALONG MAIN STREET AT OLD TOWN LA QUINTA FROM NOVEMBER 9, 2008 — MAY 17, 2009 CASE NO.: CONDITIONAL USE PERMIT 2008-115 APPLICANT: PALM SPRINGS CULTURAL CENTER WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14`h day of October 2008, hold a duly noticed Public Hearing to consider a request by Palm Springs Cultural Center to allow the operation of a certified farmers market from October — May, contained within the Old Town La Quinta shopping center at 78-100 Main Street, more particularly described as follows: APN: 770-123-013 WHEREAS, said Conditional Use Permit has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Conditional Use Permit is exempt from CEQA review under Guidelines Section 15304 (Class 4); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.100.140 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed temporary use is consistent with all General Plan policies and goals. 2. Consistency with the Zoning Code: The proposed temporary use is consistent with the development standards outlined in Section 9.100.100 (Produce and Flower Stands), Section 9.100.110 (Outdoor Vendors), Section 9.100.120 (Outdoor Storage and Display, Section 9.100.130 (Sidewalk Sales and Commercial Events), Section 9.100.140 (Temporary Outdoor Events) of the Zoning Code because the event is temporary in nature. G7 Planning Commission Resolution 2008-X Conditional Use Permit 2008-115; Palm Springs Cultural Center October 14, 2008 3. Compliance with CEQA: The proposed temporary use is in compliance with CEQA in that the project is exempt under CEQA Guidelines Section 15304 (Class 4) of the CEQA statutes. 4. Surrounding Uses: Approval of the Conditional Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that the event is located within the boundaries of the Old Town La Quinta development and will create a beneficial increase in customer activity to the surrounding businesses. 5. There is adequate area to conduct the event and to accommodate the anticipated attendance in that the proposed location is large enough to host vendors and the public without conflict with existing services. 6. Sufficient parking will be provided for the anticipated attendance through the use of existing city parking lots and on -street parking throughout the Village Commercial District. 7. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided through facilities available within the Old Town La Quinta development. 8. Necessary health and operation permits from other State and County Departments are required prior to operation of the event. 9. Fire protection plans and facilities that meet the requirements of the fire marshal are required prior to operation of the event. 10. Security protection plans and facilities that meet the requirements of the sheriff's department are required prior to operation of the event. 11. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. Traffic control measures have been initiated for the event and shall be overseen by the sheriff's department. 7 Planning Commission Resolution 2008-X Conditional Use Permit 2008-115; Palm Springs Cultural Center October 14, 2008 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 Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2008-115 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14' day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California I PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 GENERAL 1. The certified farmer's market is approved for the 2008-2009 season and three subsequent seasons (2009-2010, 2010-2011, and 2011-2012). Prior the start of each subsequent year's event, the applicant shall meet with the Planning Department to discuss the past season's event and any problems which may have arose. Upon the request of the applicant, minor adjustments to the plan of operations and conditions of approval may be approved by the Planning Director. Additionally, changes to existing conditions of approval or the addition of new conditions may be required by the Planning Director if determined to be necessary by the Planning Director to protect the public's health and safety. 2. This permit shall expire at the conclusion of the 201 1-2012 event, unless a request for an extension is made to the Planning Department. The Planning Director, after reviewing the facts and extension request, may extend the permit by no more than an additional two (2) seasons. 3. The use, as herein approved, shall be maintained in conformance with the project description, business plan, application exhibits and conditions of approval. 4. By holding this outdoor event, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this event. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. 5. The applicant shall comply with all provisions of the La Quinta Municipal Code (LQMC), except where these Conditions call out specific exceptions. 6. The event is approved to commence on the first Sunday of October to continue each subsequent Sunday morning through the last Sunday in May. The event shall be held on Sundays from 8:00 a.m. to 12:00 p.m. Equipment setup shall begin no earlier than 6:00 a.m. on the day of each event. All equipment must be removed, and site restored to prior conditions, before 2:00 p.m. that same day. This approval does not grant the applicant the ability to operate the event between the months of June thru September. 0 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 7. The event is limited to a maximum of 40 vendors, a minimum 80 percent (32) of which are reserved for certified farmers or produce vendors. Products sold by event vendors are limited to fresh regionally grown produce, dried fruits, nuts and other similar food -stuff items. Fresh cut flowers and other plant items may also be sold. Craft vendors are prohibited from participation in the event, except during the holiday season (November — December) as noted. 8. No person or vendor participating in the event shall state, imply or otherwise suggest that the City of La Quinta endorses, sponsors or supports the views of his/her/its organization, candidate, product or service. 9. The site shall be left clean and in its original manner after every event. Trash receptacles shall be provided so that trash/debris can be deposited accordingly. No person shall deface, abuse or otherwise alter in any way the City of La Quinta or Old Town La Quinta parking lots, buildings, plants or landscaping. 10. The use of amplified equipment shall be permitted for music presentations associated with the event. The applicant shall comply with the City of La Quinta Noise Ordinance (LOMC 9.100.210). Individual vendors are prohibited from the use of loudspeakers, public address, radios or boom boxes, or other amplified music or speech. No loud hawking, shouting or barking to promote products is permitted. Vendors shall not harass, follow or intimidate event visitors. The applicant shall comply with the City of La Quinta Noise Ordinance (LQMC 9.100.210)• If it is determined at a later date said amplification is disruptive to surrounding uses, this permission can be revoked by action of the Planning Director. 11. Unaffiliated, off -site solicitations and sales, advertising, etc., is prohibited. All vendors must operate within a designated vendor space within the event area as identified in this permit and must be affiliated with the event. 12. The applicant shall comply with all conditions imposed by the California State Department of Food and Agriculture, Fruit, Vegetables, and Egg 10 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 Quality Control and any other supplemental Federal, State and Local regulations. Requirements and conditions as imposed by the Certified Farmers Market Program shall be complied with by the applicant and all food vendors. 13. The applicant shall obtain all other applicable permits from the appropriate agencies (i.e. Fire Department, Sheriffs Department, etc.) 14. Permits, separate from this approval, for any temporary structures (e.g. tents exceeding 200 square feet and/or canopies exceeding 400 square feet), stages or open flame devices shall be obtained prior to their installation. Prior to the event set-up, please contact the La Quinta Building and Safety Department and Riverside County Fire Safety at 863- 8886, for any additional requirements of the Fire Marshal. Fire lanes shall be established and/or maintained during the event, as may be prescribed by the Fire Marshall. 15. Obtain a building permit for temporary electric service and any other required items (e.g. bleacher, portable generators, etc.). Contact the Building and Safety Department at (760) 777-7012 for permit requirements. 16. Portable generators shall be shielded to prevent accidental contact with guests. Extension cords shall be ground -secured to prevent tripping. Any lighting shall be directed away from surrounding roadways and surrounding residential properties. No spot or searchlights are permitted. 17. All temporary electrical wiring to any concession/vendor spaces shall be secured to prevent physical hazards to the public and participants. Wiring/cords shall not be subjected to environmental or physical damage. Portable generators, if used, shall be shielded to prevent accidental contact with guests. Extension cords shall be secured to the ground to prevent tripping. 18. The applicant shall contract with the Riverside County Fire Department for provision of services necessary to insure public safety, as determined by their agency through such contractual arrangements. All such contractual arrangements shall include coverage for all City properties used in conjunction with this event. For any additional requirements, please contact Mr. Jason Stubble with the Riverside County Fire Safety at (760) 11 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 863-8886. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. 19. If determined necessary by the Riverside County Sheriff's Department, the applicant shall contract with the Riverside County Sheriff's Department for traffic and crowd control, and internal/external security in conjunction with private security for public safety, as determined by their agency through contractual arrangements. All such contractual arrangements shall include security coverage for this event. For any additional requirements, please contact Sgt. Matt Martello at (760) 275- 0725. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. 20. If private security is used for the event, security personnel shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid Private Security license. 21. A 24-hour emergency contact phone number shall be provided to the City, in case problems arise that need prompt attention. The applicant shall provide contact information to the City listing all designated event liaisons and their contact information. Specifically, event management staff shall be identified, with their respective 24-hour contact phone numbers. This list shall be submitted the City's Planning Department no later than October Vt of each year. 22. Certain areas providing access to the event area are public and, as such, general public access may not be denied or restricted in any manner that extends beyond the limits of this event as conditioned and approved. 23. No on -street parking outside the approved event area may be utilized for valet parking services. All on -street parking areas not otherwise restricted shall remain available for public use. 24. Roadways, parking areas, emergency vehicle access and pedestrian traffic aisles to other businesses, activities, and structures in and around the event will be maintained accessible at all times. The applicant shall provide barricade protection at the entrances to Main Street. Barricades used to close off the event shall post a "No Parking" and "No Pets Allowed" signs facing the entrance to each street. 12 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 25. The applicant shall be required to provide a fire lane of at least 20 feet in width for emergency vehicle access within the event area as required by the Fire Department. 26. If the applicant proposes to place signs in the City street right of way, the signs shall conform with Section 9.160 of the La Quinta Municipal Code (Sign Ordinance). The applicant shall submit locations for directional signs to available event parking within two (2) weeks of Planning Commission approval of this event. 27. The applicant shall obtain an encroachment permit from the Public Works Department for the above mentioned signs and any additional traffic control within the public rights of way. The applicant may be required to supply a Temporary Traffic Control Plan with the encroachment permit. 28. Per the Lease Agreement with Old Town La Quinta Management and the Department of Health permit for Farmers Market, pets shall be prohibited from the event. The applicant shall have on file in the Planning Department, the Health Department Permit and the lease agreement for this event established with the Old Town Management two weeks prior to the first event date. 29. Prior to the start of the event, the applicant shall provide a fully dimensioned and properly detailed site plan of the event, to the Planning Department. 30. The applicant shall reimburse the City for costs of providing employee services and remedial repairs to City properties that are directly associated with this event. The City shall determine these costs in accordance,with established City policies, and will submit an invoice for all event -related costs within 30 days, and the applicant shall reimburse the City for all costs within 60 days of receipt of said invoice. 31. The applicant shall conform to the City of La Quinta Large Venue and Event Waste Management Plan for waste and recycling coordination. Burrtec Waste and Recycling Services can be contacted at (760) 340- 2113. 13 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-1 15; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 VENDORS 32. All vendors shall comply with the Certified Farmers Market at Old Town La Quinta Operating Rules and Conduct as contained in the business plan on file with CUP 2008-115. 33. All vendors shall obtain a City Business License. The serving of food and beverages during the event shall be subject to the rules and requirements of the Riverside County Health Department. The sale of alcohol at the event is prohibited. 34. No vendor is permitted to operate outside the event area. All vendors operating at the event shall stay within a designated vendor space area. A 20-foot access lane along Main Street shall be maintained at all times. 35. Designated vendor space shall be limited to a maximum of two hundred (200) square feet and shall be clearly designated on the operation site plan and on the ground. The location of the vendor shall not interfere with access to adjacent buildings, vendors, or with the pedestrian circulation at the site. 36. Vendors shall work professionally, cooperatively, and reasonably with both customers and market staff in resolving complaints. 37. Vendors shall keep their booths and all merchandise out of fire lanes at all times. 38. All vendors and their employees shall comply with ADA provisions, as may be determined to be applicable. 39. All vendors must understand and comply with any and all state and federal laws relating in any manner to their goods and services. 40. Vendors may not sell items that are commercially available or have been purchased wholesale. 41. Vendors are not allowed to prop or hang any merchandise, banners or boards on any sign or light post, wall, building or trees along the streets. 14 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 42. When removing or dismantling setups, all vendors must clean their own spaces of all debris. All areas must be kept clean and neat at all times during operation. 43. All vendors shall identify their booths with appropriate signage (including business name and booth assignment information) in a minimum size of twelve (12) inches by twenty four (24) inches. Letter height shall be a minimum of two (2) inches. Maximum sign area per vendor shall not exceed ten (10) square feet. 44. Vendors must remove all boxes and containers used in the transportation of their merchandise before the event begins. Empty boxes may be stored under tables as long as they are not visible, e.g., under a drape. 45. All tables used within a booth space are encouraged to be covered and skirted with a fire -retardant fabric, which may be either disposable or non - disposable material. Food vendors may use skirted tables in lieu of using full table covers. The covering or skirting should be neat and clean and should not be more than two (2) inches from the ground on all sides. All covering or skirting must be treated to be fire retardant. A canopy/tent is recommended to all vendors. Products may be displayed below the booth spaces, so long as all products are kept at least six (6) inches off the ground and are displayed in a neat and clean fashion. 46. The sale of any product directly from a vehicle is prohibited. Vendors are permitted to have their vehicles onsite during the event, only as determined necessary for the operation of their sale. Any such vehicle must be located within an assigned vendor space. Vehicles located on site during the event shall not be running. 47. Vendors must not, at any time, move any traffic control devices, such as barricades or signs. 48. Vendors shall not display or advertise items that they are not permitted to sell under their vendor agreement for this event and are not immediately available for purchase. 49. Vendors shall post prices for all products for sale. 15 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 50. Any vendor selling products by the pound shall have a scale certified by the Riverside County Department of Weights & Measures. Without a certification sticker, no vendor may sell products by the pound. For more information, call the Riverside County Agricultural Commissioners', Indio Office, at (760) 863-8291. 51. All food service vendors must maintain all food -prep operations within their specified booth spaces, which shall exclude curbs and pavers. All food service vendors shall obtain approval from the Riverside County Department of Environmental Health to operate out of an approved local food establishment. 52. All food service vendors shall have adequate trash containers for refuse, which shall include at least two (2) trash cans, and shall clean and remove any trash or debris from their booth areas and surrounding areas before leaving the event. 53. All condiments are to be individually wrapped or dispensed from sanitary pour, pump or squeezed -type devices. 54. The utilization of reusable cloth bags shall be encouraged and used to the maximum extent feasible. The applicant shall work with the City to establish a program to encourage the use of paper and reusable cloth bag in lieu of plastic bags, with the goal of ultimately eliminating the use of plastic bags altogether. C ATTACHMENT 1 17 0 ATTACHMENT 2 DEPARTMENT OF FOOD AND AGRICULTURE FRUIT, VEGETABLE, AND EGG QUALITY CONTROL APPLICATION / CERTIFICATE FOR CERTIFIED FARMERS' MARKET 51-047 (Rev. 5/01) TYPE OR PRINT APPLICANT IS (CHECK ONE) ❑ Certified Producer(s) ❑ Local Government Agency 0 Nonprofit Organization • NAME OF APPLICANT Palm Springs Cultural Center BUSINESS PHONE 760-989-5250 MAILING ADDRESS PO Sox 1449 RESIDENCE PHONE 760-898-5250 CITY Palm Springs ZIP 92262 FAX NUMBER RESIDENCE OTHER NUMBER CRY Palm Springs ZIP 92262 E-MAILADDRESS psafm®yahoo.cam MARKET NAME - C.H.M. at Old Town La Qninta BUSINESS PHONE MAILINGADDRESS RESIDENCE PHONE CRY ZIP FAX NUMBER MARKET MANAGER NAME Paul Palodichuk E-MAILADDRESS psaEmByahoo.com MARKET LOCATION (Include City and Cross Streets) Old Town - Main Street CITY La Quint& ZIP COUNTY P-tvarside PLANNED SCHEDULE OF OPERATION October - May: Sun (8:00 AM - 12:30 PM) EST. N OF PRODUCER STALLS PER QUARTER 15 As the applicant, 1 hereby certify that the information provided on this application is true and that the Certified Farmers' Market will be operated in compliance with the Direct Marketing regulations as provided in Title 3, Chapter 3, Group 4, Article 6.5 of the California Code of Regulations. PRINTED NAME /( F11'L �ALti� �CI+L�I� CHECK ONE: ❑ APPLICANT �PLICANT REPRESENTATIVE SIGNATUR .,' X_ DATE h/ /09 FOR OFFICIAL USE ONLY ® Approved O Disapproved Issue Date Certificate Number RC08-18 Approving orreer's Signadre Two Exp. Date 4 I(h I Ock Date Supervising ASI II September 16, 2008 If not approved, state reasons: • Latter of exemption issued by Franchise Tax Board, or Arddes of Incorporation certified by the Secretary of State, or certified producer association constitution and by laws must accompany application. I •• Map of Certified Farmers' Market location must accompany application. Show market perimeters with nearest cross streets. I 3: 18 ® ® ATTACHMENT 3 CERTIFIED FARMERS MARKET AT OLD TOWN LA QUINTA Sponsored by the Palm Springs Cultural Center Business Plan The Certified Farmers Market (CFM) will be a seasonal outdoor market located in the Main Street area of Old Town La Quinta, California. The sponsor of the CFM is the Palm Springs Cultural Center, a non-profit corporation with 501(c) (3) status. Mission Statement: The mission of the Certified Farmers Market at Old Town La Quinta sponsored by the Palm Springs Cultural Center is to serve as a community gathering place where local farmers and vendors can offer fresh agricultural and related products. Our Goals: 1. Realize a `true' Farmers Market with over 800/a of vendors being certified farmers. 2. Pursue ongoing fresh produce that is from `certified organic' farms. The goal being to have at least 25- 50% of farmers/vendors `all organic'. 3. Improve the nutrition of the community by offering the highest quality seasonal produce. 4. Assist area farmers and vendors with sustainable business opportunities. 5. Provide a vehicle to educate the community on the importance of nutrition, fresh produce and organic options to better health. 6. Develop a festive and cultural meeting place with fresh cut flowers, music, school and civic involvement plus local entertainment. The CFM then becomes an important and invitins venue to the community. Event Operation The Certified Farmers Market The market will be open every Sunday beginning November 9, 2008 and concluding for the season on May I1`h, 2009. Hours of operation: 6:00 am to 2:00 pm. Set-up begins at 6 am, and all vendors must be ready by 8:00 am. The market opens for sales at 8:00 am and closes at 12:30 pm. Tear down must be completed by 2 pm. Vendors: Maximum 40, minimum 10 Vendor tents: Maximum 80, minimum 15 19 9 • Event management: CFM Manager :Paul Palodichuk. Paul's responsibilities include overseeing farmer and other food - related vendor recruitment and management, event coordination and day-to-day market operations. He will represent the Palm Springs Cultural Center CFM and attend meetings, write reports, keep open lines of communication with the Palm Springs Cultural Center Board, and be a solid community representative for the Palm Springs Cultural Center, the CFM, and the city of La Quinta Market detail: The manager will be on site by 6:00 am every Sunday and stay until 2 pm. Maintenance, Garbage, Bathroom Access, Potable water, sinks with drainage: Old Town has excellent public bathrooms, garbage facilities. Potable water and a sink with drainage for vendor use if needed. CFM manager and Old Town management will work together on any maintenance issues during market hours. Types of Vendors and goods sold: As outlined in the mission statement, 80 % or more of the vendors will be farm based. Remaining vendors are still local/food related. There are no craft vendors permitted at the CFM except during the holiday season (appx. November 23 — December 21). Please see vendor list for specific products. Marketing campaign/advertisement: Advertising is crucial for the development of a successful CFM. Old Town La Quinta will advertise the CFM at Old Town La Quinta sponsored by the Palm Springs Cultural Center. This will include information about the Market in Old Town brochures and marketing collateral, in any radio advertising they will mention the market, same if they do television ad or any other mediums. The Palm Springs Cultural Center will run an advertising and publicity campaign in ads, public service announcements and Coachella Valley calendar listings. Support of the CFM to include speaking at rotaries, clubs; utilize internet and website postings, calendars, related site linkage i.e. www.localharvcst.M. 20 0 0 List of Vendors, Name, address, contact and product sold Madison Street Produce, William Leach, 47382 Madison St, P.O. Box 3028 Indio, CA 92202: Fruits and vegetables Jaime Farms, Luis Jaime, 1023 W D St, Ontario CA 91762, 909-984-0453, Fruits, vegetables, eggs and herbs Cervantes Farms, Van Foeken Farms, Sergio Cervantes, 620 Beach St, Riverside, CA 92509 951-653-2315, vegetables and fruits Arriaga Flowers, Teresa Arriaga, 5200 Bushnell Ave, Riverside CA 92505, 909- 553-1066, fresh cut flowers Doug Powell Farms, Doug Powell, PO box 11243, San Bernardino, CA 92423, 909- 795-1115, specialty produce L'Artisan Valley Breads, Fred Estrada, 31130 Plantation Drive, Thousand Palms CA 92276, 760-343-2888, bread and pastries Winchester Cheese, Susan Arviso, 32605 Holland Rd, Winchester CA 92596 951-306-6019, specialty raw cheeses. Lichen Z Farms, Tina Torres, 49944 Lichen Wy, Aguanga CA 92536, 951-763-4470 Hydroponic herbs and lavender, mesculin mix lettuce Farquhar Farms, Becky Cowles, 1898 Fifth Ave, Redlands CA 92374, 909-794- 3927, citrus and avocados Wong Farms, Deborah Chamberlain, 84327 Corte Santos, Coachella CA 92236,760-265-9167, Hydropnoic Tomatoes, cucumbers and mangoes Santa Barbara Pistachios, PO Box 21957, Santa Barbara CA 93110, Deborah Chamberlain, 760-265-9167, Pistachios 21 ATTACHMENT 5 OF RIVERSIDE e COMMUNITY HEALTH AGENCY [ENT OF ENVIRONMENTAL HEALTH District Environmental Services Division �4S3y P.O. Box 7600 COUNTY"W IO Riverside, CA 92513-7600 DEPT of HEALTH Phone: (951) 359-5172 47-950 ARNI GT SI18A I NDIO CA 92201 TOTAL $3.00 APPLICATION TO OPERATE A FOOD FACILITYHECK $3%.00 Riverside County Code 4.52 and the California Health and-wiptode 09/16f2008 14: a5 THIS APPLICATION IS FOR Ai NEW OPERATION 11 04027) i J ANNUAL RENEWAL I I RE -OPENING A CLOSED FACILITY t J [ l CHANGE OF OWNERSHIP Cr NAME OF OWNERV_MLMS&WISSQIL'tVtAL_QWA FACILITYNAME:k CaTiviATOLD w&p LED gGovINrA AIL- dtA)u 'Z McCr 7g..)po ADDRESS OF DBA: x hl v -rn to ti CITY. Ld Qt-,lx IYf STATE: C4 ZIP: q LZ573 13LUNGADDRESS: IL Po Box ly4ei CITY: *?AL.MSP&JKZ.S STATE: CA 2IP:47247 PREVIOUS NAME OF ESTABL� IME SE NT AT THIS LOCATION a ANI): ik DATE YOU PLAN TO OPEN: Q\) - ` -003 DID YOU OPERATE THIS BUSINESS LAST YEAR?). - FOOD FA M rI I NS- FOOD FACILITY Less than 200 square feet, Pre -Packaged food only......................................................$208.00 FOOD FACILITY Less than 2,000 square feet in size .............................. . FOOD FACILITY Between 2,001and 5,999............................................E578.00 FOOD FACILITY square feet in size............................................................ $871.00 6,000 square feet or more in size ................... ADDITIONAL FOOD OPERATIONS WITHIN A FOOD FACILITY of operations """"•••••......••.$1,211.00 # ��� PRODUCE STAND .............. ......... ................. $158.00 EACH CATERER.........................................................................................................................$546.00 COMMISSARY ......................................... ................................. ....... --......... .......................... C�ER7IFTFD FARb"ERc MCRKFTunn CHRISTMAS OPERATION (ODecember3l°T)...................._........................... perates Pen less NON-PROFIT SEASONAL SNACK BAR(Open less than 6 months than 6 months per Per year) . ....$101.00 ...............................................................................5716.00 VENDING MACHINES RESTRICTED FOOD SERVICES # of machines . ......................................... (Bed & Breakfast operations with 20 rooms or less) EACH # of rooms........................................$314.00 HOTELS AND MOTEL 100% prepackaged food ony .................................................................................$208.00 HOTELS AND MOTEL Limited food preparation • (as determined by this department) .................. ...................... PUBLIC OR PRIVATE SCHOOL 10 prefood Preparation*... $413.00 c°ei food from a cent PUBLIC OR PRIVATE SCHOOL Receives food from a central kitcheMimited food preparation* U13.00 ................. I ..................... PUBLIC OR PRIVATE SCHOOL Edensive food preparation or handling` (central kitchen)...................................................$824.00 'Limited and edensbm food preparation categories will be determined by this Department Please be advised that Food Workers Certificatee are reguIred for all employees of food rac il0es located in Riverside County. AN ENVIRONMENTAL HEALTH PERMIT APPROVED BY A REPRESENTATIVE OF THIS DEPARTMENT IS REQUIRED BEFORE OPENING A FACtLITY. YOU ARE NOT AUTHOR IZm TO OPERATE UNTIL ALL APP ROVALS HAVE BEEN OBTAINED. NEW OR CLOSED FOOD IN THE EVENT THE PERMIT IS NOT APPLIED FOR OR IS NOT RENEWED WITHIN THIRTY (30) DAYS OF THE DATE OF THE OPENING OF THE FOOD FACILnW OR THE EXPIRATION DATE OF THE PERMIT, A PENALTY FEE OF 20% WILL BE ADDED TO THE PRICE OF THE PERMIT. IF THE PERMIT IS NOT APPLIED FOR OR NOT RENEWED WITHIN SIXTY (00) DAYS OF THE DATE OF OPENING OR THE EXPIRATION DATE OF THE CURRENT PERMIT, A PENALTY FEE OF 100% WILL BE ADDED NOT REFUNDABLE OR TRANSFERABLE. TO THE PRICE OF THE PERMIT. PERMITS ARE i HEREBY APPLY FOR A RECEIPTIPERMIT, WITH APPROPRIATE FEES ATTACHED, TO OPERATE THE ABOVE FOOD FACILITY, SNACK BAR, BED & BREAKFAST, VENDING MACHINE, COMMISSARY, CATERING OPERATION, PRODUC D. OR 'TMAS OPERATION IN THE COUNTY OF RIVERSIDE. DATE: glLlo O(} OWNER/ TO Cdt�(/ ` ?5-9 �/7 q7 RGNA771RE DRIVI R I LICENCE) EX DATA BUSINESS TELEPHONEHOME TELEPHONE: NOTES: 23 DEHSAN-0320XV can - PH#B PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 14, 2008 CASE NO.: CONDITIONAL USE PERMIT 2008-114 APPLICANT: LA QUINTA FARMERS/FLEA MARKET, INC. REQUEST: CONSIDERATION OF AN OUTDOOR MARKET LOCATION: 77-880 CALLE TAMPICO; BENJAMIN FRANKLIN ELEMENTARY SCHOOL IN THE LA QUINTA VILLAGE (ATTACHMENT 1) PROPERTY OWNER: DESERT SANDS UNIFIED SCHOOL DISTRICT GENERAL PLAN: VILLAGE COMMERCIAL ZONING: VILLAGE COMMERCIAL ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15304 (CLASS 4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THE PROPOSED PROJECT INVOLVES MINOR TEMPORARY USE OF LAND HAVING NO NEGLIGIBLE OR PERMANENT EFFECTS ON THE ENVIRONMENT. SURROUNDING LAND USES: NORTH: SILVERHAWK APARTMENTS SOUTH: RESIDENTIAL/COMMERCIAL USES EAST: KSL OFFICE BUILDING; LA QUINTA RESORT EMPLOYEE PARKING LOT WEST: LA QUINTA RESORT AND CLUB GOLF COURSE BACKGROUND: The La Quinta Farmers/Flea Market, Inc., a Non -Profit Mutual -Benefit Corporation, has proposed to operate a season -long outdoor market. The event is unnamed at this time. The proposed market is located at the Benjamin Franklin Elementary School, located at the northeast corner of Calle Tampico and Eisenhower Drive, adjacent to the La Quinta Village District. The market would run every Saturday beginning the first weekend in November to the last weekend in May. REQUEST: The applicant requests a Conditional Use Permit to allow the operation of an annual outdoor market and associated temporary structures to be held on a weekly basis at the Benjamin Franklin Elementary School (Attachment 2). The proposed event would begin in November and run through the month of May; this year's event proposes to begin on November 1, 2008. The event will be open to the public between the hours of 8:00 a.m. and 3:00 p.m., with setup between 6:00 a.m. and 8:00 a.m. and cleanup between 3:00 p.m. and 4:00 p.m. The market proposes to have a majority of non-food vendors; however, food vendors are not prohibited from the event. As proposed in the applicant's business plan, a mix of items would be for sale including art, architectural pieces, jewelry, euro-linens, antiques and collectables, food -stuffs and other similar type items. The proposed event would utilize the two parking lots at Benjamin Franklin Elementary School. The west parking lot would be closed to vehicular traffic and serve as the sales venue; allowing a pedestrian atmosphere to take its place (Attachment 3). The east parking lot will remain open and function as the on -site parking facility for the event. During setup time, vendors would be allowed to set- up their booths, tents and merchandise. In addition, all temporary services, such as trash cans, restrooms and barricades would be placed on site. Since the operation is temporary, all items would be removed from the site following the conclusion of each event. The event proposes to allow a maximum of sixty (60) vendors and would provide patrons with a diverse range of high -quality products and food items and aims to create a pleasant, old-world market atmosphere. The event would prohibit amplified music, but would allow for non -amplified live performances of music. ANALYSIS: The proposed event, as conditioned, is in compliance with the City of La Quinta Municipal Code and General Plan. The proposed outdoor market located at the elementary school is expected to be a destination event in the La Quinta Village Commercial District. The event would serve as a place for locals to congregate and enjoy an outdoor shopping experience, at a time when the weather is ideal to be outside. The event has the potential to benefit not only residents of La Quinta, but also businesses in the La Quinta Village Commercial District. Additionally, the proximity to nearby residential neighborhoods could encourage many patrons to walk or bicycle to the event. Since the event is conducted on Saturday mornings at an elementary school, there should be minimal effects on nearby residences and the flow of traffic. 2 Outdoor Market The proposed event would allow a maximum of sixty (60) individual vendors to operate during the market. It is anticipated that many of the vendors will operate under "pop-up" - type tents or similar structures. The potential exists for vendors to sell their products directly from their vehicle; however, due to concerns over site aesthetics and pedestrian safety, staff has recommended that vehicles not be allowed within the event boundaries during the hours the event is open to the public. Products available for sale are limited by the applicant's event description, business plan, and the conditions of approval. Per the applicant's event description, vendors are limited to the sale of high -quality artisan and craftsman quality products including art, jewelry, architectural pieces and other similar types of crafts. It is not intended to be a swap meet with the resale of used personal goods or a discount sales event for the sale of overstock or wholesale purchased items. Parking Since the event is conducted on Saturday mornings, when the demand for parking is relatively low, there should be minimal effects on nearby residences, and the normal flow of traffic. The event and all vendors will be located within the west parking lot at Benjamin Franklin Elementary School. The east parking lot at the school site has been dedicated as the event's primary parking location. The east parking lot contains over seventy five (75) parking spaces, including handicap parking, and is considered sufficient to accommodate all visitors and vendors. The on -site parking provided for the event is anticipated to accommodate those attending the event. In the event that the east parking lot is filled, overflow parking is available at public parking lots along Avenida Bermudas, and other public roadways located throughout the La Quinta Village Commercial District. The outdoor event is a compatible use for the proposed area. Only minimal impacts on nearby businesses and the surrounding residential neighborhood are anticipated, as there is sufficient parking on -site and throughout the La Quinta Village District to support the use. Though the temporary event and its associated temporary structures will convey a temporary appearance, the applicant has provided aesthetic relief by having all vendors face inward into the site, and has limited vendor display and signage. Therefore, staff is recommending approval of the Conditional Use Permit for the current 2008 - 2009 season, as well as three subsequent seasons (2009-2010, 2010-2011, 2011-2012), subject to conditions of approval. 3 Public Notice This request was published in the Desert Sun newspaper on October 1, 2008, and mailed to all affected property owners within 500 feet of the school site as required by Section 9.200.1 10 of the La Quinta Municipal Code. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments on August 20, 2008. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2008- , approving Conditional Use Permit 2008-1 14, subject to the attached Findings and Conditions of Approval. Prepared by: ERIC CEJA, Assi ant Planner Attachments: 1. Location map 2. Event Layout 3. Business Plan 4 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING AN OUTDOOR MARKET TO OPERATE AT THE BENJAMIN FRANKLIN ELEMENTARY SCHOOL FROM NOVEMBER— MAY CASE NO.: CONDITIONAL USE PERMIT 2008-114 APPLICANT: LA QUINTA FARMERS/FLEA MARKET, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14`h day of October 2008, hold a duly noticed Public Hearing to consider a request by La Quinta Farmers/Flea Market to allow the operation of an outdoor market from November — May, contained within the Benjamin Franklin Elementary School parking lot at 77-800 Call Tampico, more particularly described as follows: APN: 773-370-026 WHEREAS, said Conditional Use Permit has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Conditional Use Permit is exempt from CEQA review under Guidelines Section 15304 (Class 4); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.100.140 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed temporary use is consistent with all General Plan policies and goals. 2. Consistency with the Zoning Code: The proposed temporary use is consistent with the development standards outlined in Section 9.100.100 (Produce and Flower Stands), Section 9.100.110 (Outdoor Vendors), Section 9.100.120 (Outdoor Storage and Display, Section 9.100.130 (Sidewalk Sales and Commercial Events), Section 9.100.140 (Temporary Outdoor Events) of the Zoning Code because the event is temporary in nature. 5 Planning Commission Resolution 2008-X Conditional Use Permit 2008-114 La Quinta Farmers/Flea Market, Inc. October 14, 2008 3. Compliance with CEQA: The proposed temporary use is in compliance with CEQA in that the project is exempt under CEQA Guidelines Section 15304 (Class 4) of the CEQA statutes. 4. Surrounding Uses: Approval of the Conditional Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that they are placed in areas away from customer traffic and public view. 5. There is adequate area to conduct the event and to accommodate the anticipated attendance in that the proposed event area is a large paved parking lot. 6. Sufficient parking will be provided for the anticipated attendance in that the site contains a substantial parking lot, a nearby city parking lot and on -street parking throughout the Village Commercial District. 7. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided through the contracting with Burrtec Waste Services. 8. Fire protection plans and facilities that meet the requirements of the fire marshal are required prior to operation of the event. 9. Security protection plans and facilities that meet the requirements of the sheriff's department are required prior to operation of the event. 10. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 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 Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2008-114 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; 0 Planning Commission Resolution 2008-X Conditional Use Permit 2008-114 La Quinta Farmers/Flea Market, Inc. October 14, 2008 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14t° day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California 7 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 GENERAL 1. The outdoor market is approved for the 2008-2009 season and three subsequent seasons (2009-2010, 2010-2011, and 2011-2012). Prior to the start of each subsequent year's event, the applicant shall meet with the Planning Department to discuss the past season's event and any problems which may have occurred. Upon the request of the applicant, minor adjustments to the plan of operations and conditions of approval may be approved by the Planning Director. Additionally, changes to existing conditions of approval or the addition of new conditions may be required by the Planning Director if determined to be necessary to protect the public's health and safety. 2. The use, as herein approved, shall be maintained in conformance with the project description, business plan, application exhibits and conditions of approval. This includes a limitation on the goods for sale to that of high - quality artisan and craftsman quality products including art, jewelry, architectural pieces and other similar types of crafts. The sale of used personal goods (except those of investment quality antique or collectible nature) and overstock or wholesale purchased items is prohibited. 3. By holding this outdoor event, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this event. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. 4. The applicant shall comply with all provisions of the La Quinta Municipal Code (LQMC), except where these Conditions call out specific exceptions. 5. The event is approved to commence on the first Saturday of November to continue each subsequent Saturday morning through the last Saturday in May. The event shall be held on Saturdays from 8:00 a.m. to 3:00 p.m. Equipment setup shall begin at 6:00 a.m. on the day of each event. All equipment must be removed, and site restored to prior conditions, before 4:00 p.m. that same day. This approval does not grant the applicant the ability to operate the event between the months of June thru October. 6. The event is limited to a maximum of 60 vendors, of that, no more than 8 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 20% (12) may be food or drink vendors. Items for sale are limited to the La Quinta Bazaar Business Plan, the event proposal and the conditions of approval. 7. No person or vendor participating in the event shall state, imply or otherwise suggest that the City of La Quinta endorses, sponsors or supports the views of his/her/its organization, candidate, product or service. 8. The site shall be left clean and in its original manner after every event. Trash receptacles shall be provided so that trash/debris can be deposited accordingly. No person shall deface, abuse or otherwise alter in any way the Benjamin Franklin Elementary School parking lot, buildings, plants or landscaping. 9. The applicant shall comply with all conditions imposed by the Desert Sands Unified School District for use of the Benjamin Franklin Elementary School. 10. The use of amplified equipment shall be permitted for music presentations associated with the event. The applicant shall comply with the City of La Quinta Noise Ordinance (LQMC 9.100.210). Individual vendors are prohibited from the use of loudspeakers, public address, radios or boom boxes, or other amplified music or speech. No loud hawking, shouting or barking to promote products is permitted. Vendors shall not harass, follow or intimidate event visitors. The applicant shall comply with the City of La Quinta Noise Ordinance (LQMC 9.100.210). If it is determined at a later date said amplification is disruptive to surrounding uses, this permission can be revoked by action of the Planning Director. 11. Unaffiliated, off -site solicitations, advertising, etc., is prohibited. All vendors must operate within a designated vendor space within the event area and must be affiliated with the event. 12. The applicant shall obtain all other applicable permits, if required, from the appropriate agencies (i.e. Fire Department, Sheriffs Department, etc.) 13. Permits, separate from this approval, for any temporary structures (e.g. X PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 tents exceeding 200 square feet and/or canopies exceeding 400 square feet), stages or open flame devices shall be obtained prior to their installation. Prior to the event set-up, please contact the La Quinta Building and Safety Department and Riverside County Fire Safety at 863- 8886, for any additional requirements of the Fire Marshal. Fire lanes shall be established and/or maintained during the event, as may be prescribed by the Fire Marshall. 14. The applicant shall contract with the Riverside County Fire Department for provision of services necessary to insure public safety, as determined by their agency through such contractual arrangements. All such contractual arrangements shall include coverage for all City properties used in conjunction with this event. For any additional requirements, please contact Mr. Jason Stubble with the Riverside County Fire Safety at (760) 863-8886. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. 15. If determined necessary by the Riverside County Sheriff's Department, the applicant shall contract with the Riverside County Sheriff's Department for traffic and crowd control, and internal/external security in conjunction with private security for public safety, as determined by their agency through contractual arrangements. All such contractual arrangements shall include security coverage for this event. For any additional requirements, please contact Sgt. Matt Martello at (760) 275- 0725. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. 16. If private security is used for the event, security personnel shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid Private Security license. 17. A 24-hour emergency contact phone number shall be provided to the City, in case problems arise that need prompt attention. The applicant shall provide contact information to the City listing all designated event liaisons and their contact information. Specifically, event management staff shall be identified, with their respective 24-hour contact phone numbers. This list shall be submitted the City's Planning Department no later than November 1' of each year. 10 11 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 18. Certain areas providing access to the event area are public and, as such, general public access may not be denied or restricted in any manner that extends beyond the limits of this event as conditioned and approved. 19. Obtain a building permit for temporary electric service and any other required items (e.g. bleacher, portable generators, etc.). Contact the Building and Safety Department at (760) 777-7012 for permit requirements. 20. Portable generators shall be shielded to prevent accidental contact with guests. Extension cords shall be ground -secured to prevent tripping. Any lighting shall be directed away from surrounding roadways and surrounding residential properties. No spot or searchlights are permitted. 21. All temporary electrical wiring to any concession/vendor spaces shall be secured to prevent physical hazards to the public and participants. Wiring/cords shall not be subjected to environmental or physical damage. Portable generators, if used, shall be shielded to prevent accidental contact with guests. Extension cords shall be secured to the ground to prevent tripping. 22. The east parking lot at Benjamin Franklin Elementary School shall be utilized as the primary parking location for the event. No on -street parking outside the approved event area may be utilized for valet parking services. All on -street parking areas not otherwise restricted shall remain available for public use. 23. Roadways, parking areas, emergency vehicle access and pedestrian traffic aisles to other businesses, activities, and structures in and around the event will be maintained accessible at all times. The applicant shall provide barricade protection at the entrances to event parking lot. Barricades used to close off the event shall post a "No Parking" sign facing the entrance to each street. 24. The applicant shall be required to provide a fire lane of at least 20 feet in width for emergency vehicle access within the event area as required by the Fire Department. 25. An adequate number of portable rest room facilities shall be provided, to accommodate participants and guests. ADA-compliant portable restrooms 12 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 shall be provided as required by the Building and Safety Department and/or Riverside County Health Department. 26. If the applicant proposes to place signs in the City street right of way, the signs shall conform with Section 9.160 of the La Quinta Municipal Code (Sign Ordinance). The applicant shall submit locations for directional signs to available event parking within two (2) weeks of Planning Commission approval of this event. 27. The applicant shall obtain an encroachment permit from the Public Works Department for the above mentioned signs and the additional traffic control within the public rights of way. The applicant may be required to supply a Temporary Traffic Control Plan with the encroachment permit. 28. The utilization of reusable cloth bags shall be encouraged and used to the maximum extent feasible. The applicant shall work with the City to establish a program to encourage the use of paper and reusable cloth bag in lieu of plastic bags, with the goal of ultimately eliminating the use of plastic bags altogether. 29. The applicant shall reimburse the City for costs of providing employee services and remedial repairs to City properties that are directly associated with this event. The City shall determine these costs in accordance with established City policies, and will submit an invoice for all event -related costs within 30 days, and the applicant shall reimburse the City for all costs within 60 days of receipt of said invoice. 30. The applicant shall conform to the City of La Quinta Large Venue and Event Waste Management Plan for waste and recycling coordination. Burrtec Waste and Recycling Services can be contacted at (760) 340- 2113. VENDORS 31. All vendors shall comply with the La Quinta Bazaar Business Plan operating rules and conduct on file with CUP 2008-1 14. 32. All vendors shall obtain a City Business License. The serving of food and beverages during the event shall be subject to the rules and requirements of the Riverside County Health Department. The sale of alcohol at the 13 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 event is prohibited. 33. No vendor is permitted to operate outside the event area. All vendors operating at the event shall stay within the designated event area, and shall not operate or conduct business along any public street. All vendors shall be located within the designated vendor area. A 20-foot access lane along between vendor aisles shall be maintained at all times. 34. Designated vendor space shall be limited to a maximum of two hundred (200) square feet and shall be clearly designated on the operation site plan and on the ground. The location of the vendor shall not interfere with access to adjacent buildings, vendors, or with the pedestrian circulation at the site. 35. Vendors shall work professionally, cooperatively, and reasonably with both customers and market staff in resolving complaints. 36. Vendors shall keep their booths and all merchandise out of fire lanes at all times. 37. All vendors and their employees shall comply with ADA provisions, as may be determined to be applicable. 38. All vendors must understand and comply with any and all state and federal laws relating in any manner to their goods and services. 39. Vendors may not sell items that are commercially available or have been purchased wholesale. 40. Vendors are not allowed to prop or hang any merchandise, banners or boards on any sign or light post, wall, building or trees along the streets. 41. When removing or dismantling setups, all vendors must clean their own spaces of all debris. Ali areas must be kept clean and neat at all times during operation. 42. All vendors shall identify their booths with appropriate signage (including business name and booth assignment information) in a minimum size of twelve (12) inches by twenty four (24) inches. Letter height shall be a 14 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 minimum of two (2) inches. Maximum sign area per vendor shall not exceed ten (10) square feet. 43. Vendors must remove all boxes and containers used in the transportation of their merchandise before the event begins. Empty boxes may be stored under tables as long as they are not visible, e.g., under a drape. 44. All tables used within a booth space shall be covered and skirted with a fire -retardant fabric, which may be either disposable or non -disposable material. Vendors may use skirted tables in lieu of using full table covers. The covering or skirt should be neat and clean and should not be more than two (2) inches from the ground on all sides. All covering or skirting must be treated to be fire retardant. A canopy/tent is recommended to all vendors. 45. Vendors and their employees shall park outside of the event perimeter. The sale of any product from a vehicle is prohibited. No vendor shall bring his/her vehicle into the event until the event except for pre -event setup and post -event clean up. 46. Vendors must not, at any time, move any traffic control devices, such as barricades or signs. 47. Vendors shall not display or advertise items that they are not permitted to sell under their vendor agreement for this event. 48. Vendors shall post prices for all products for sale. 49. Any vendor selling products by the pound shall have a scale certified by the Riverside County Department of Weights & Measures. Without a certification sticker, no vendor may sell products by the pound. For more information, call the Riverside County Agricultural Commissioners', Indio Office, at (760) 863-8291. 50. All food service vendors must maintain all food -prep operations within their specified booth spaces, which shall exclude curbs and pavers. All food service vendors shall obtain approval from the Riverside County Department of Environmental Health to operate out of an approved local food establishment. 15 PLANNING COMMISSION RESOLUTION 2008- CONDITIONAL USE PERMIT 2008-114; LA QUINTA FARMERS/FLEA MARKET CONDITIONS OF APPROVAL - RECOMMENDED October 14, 2008 51. All food service vendors shall have adequate trash containers for refuse, which shall include at least two (2) trash cans, and shall clean and remove any trash or debris from their booth areas and surrounding areas before leaving the event. 16 ATTACHMENT 1 EISENHOWER �---ICJ ll�ll III UPI U �I ll� III r m m n 0 zm 0 A L—J 0 mm 0 0 0 / E ® o • ❑ ❑ ❑ ❑ • n m V D A N M p V Z y V � - a 1 z N P 0 m z N September 11, 2008 ATTACHMENT 3 La Quinta Bazaar Business Plan 1.0 Personal Overview I would like to share a little bit about myself. I was raised in Orange County; my family was in the retail furniture business from the late 40's through the mid 90's until my father passed away. I was married in my early thirties and my husband and I manufactured convertible sofas that were sold nationally. My dominant role in this business was style and fabric design. After my divorce I was in charge of managing design and merchandising new programs for Krause's Sofa Factory that was rolled out nationally. At that point, I felt I was better suited working for myself and allowing my entrepreneurial skills to develop. I opened Chelsea Designs in Newport Beach in 1991, where my focus was high end design for residential clients all over the country. In order to find the best merchandise for my clients, I routinely traveled between San Diego and San Francisco in search for unique and exceptional pieces to create a sophisticated environment for my cliental. I believe my eclectic and diverse taste is what will make this venture exceed any current market in the valley. 1.1 The Vision As a resident of La Quinta who walks the streets daily I realized that even during the season there is very little retail therapy available for local residents as well as the thousands of visitors who come each season. In pursuit of the perfect vendor for this imaginary project that was developing in my head, I started shopping and looking for the ideal group of merchants to make my vision a reality. 1.2 The Goal • Create a positive image of our charming community of La Quinta • Expose community members and visitors to sites, taste and sounds of a life in the Valley • Maintain the downtown District as the center of social, civic and retail activities • Provide a diverse selection of Art, Crafts, Entertainment and International Cuisines La Quinta Bazaar Business Plan 19 September 11, 2008 2.0 Summary La Quinta Bazaar is a potential new business located in the old town La Quinta district. The market consists of organic produce, cheese, breads, Greek hummus, specialty tamales, gourmet candies and fudge. Also available will be hand selected merchants who sell extraordinary jewelry, elite art, distinctive children's clothes, architectural pieces, antique's and collectables, euro-linens etc. The gourmet and specialty foods market is booming across the country. Consumers are looking for quality food coupled with a quality shopping experience. Many large cities already have entire sections dedicated to ethnic and specialty foods. I would like to provide La Quinta with this same luxury. The mission of La Quinta Bazaar is to provide La Quinta residents and visitors with the combination of quality home accessories, linens and textiles, authentic, hard to find, grocery items and prepared foods, with good service and a pleasant atmosphere with a warm feel of an Old -World outdoor market. 2.1 Keys to success The keys to success for La Quinta Bazaar: • Reputation: Every customer visiting our market will want to return and will recommend us to their friends and family. Word of mouth marketing will be a powerful ally for the business. • Superior Customer Service: Knowledgeable, friendly service will be of the utmost importance. • Location: Provide an easily accessible location for customer convenience, including walk -by and drive -by traffic. • Product/Environment: Offer a variety of high quality specialty foods and unique home accessories with domestic and international themes, sold at a fair price in a clean, authentic, comfortable environment. • Convenience: Our customers will know that they can get what they need at our market for a fair price. This will reduce their need to travel outside of La Quinta to get desired items. La Quints Bazaar Business Plan 20 September 11, 2008 3.0 Marketine Our main target markets are: People who live and work in La Quinta who are looking for a peaceful atmosphere with community involvement. The Valley's thousands of visitors that come each season looking for a desert experience. Surrounding cities that are in need of the unique retail therapy that will be provided by La Quinta Bazaar. Initial marketing efforts for opening will be geared towards generating name recognition and making a clear distinction between La Quinta Bazaar and other local competitors Our marketing tactics will be as follows: • Local Newspaper -Weekly advertisements will be done in the local Desert Sun and The Gem informing residents of the up and coming grand opening of the unique La Quinta Bazaar. • Website-Preliminary research and development has been done to create a state of the art webpage notifying residents and visitors of the arrival of the anticipated shopping Mecca experience at La Quinta Bazaar including product details and up coming events. • Radio Broadcast -Upon pending approval we would like to schedule a radio publicizing of La Quinta Bazaar. • Local Hotel Marketing -Upon pending approval we would like to provide local hotels with a detailed brochure of our existence. 4.0 Manaeement Summary La Quinta Bazaar is a small family run business with two owners. One owner serving as the Operations Manager, while the other owner maintains an outside job, and helps out when needed. Operations Manager (Susan Weinstein): • In charge of selecting qualified vendors who meet our expectations. • In charge of assisting proper execution of necessary requirements of the city. • Will supervise daily business activities of the market. • Pursue advertising, website updates, coordination of upcoming events. • Management and supervision the day of the market. La Quinta Bazaar Business Plan 21 September 11, 2008 Accountant (David Succ, CPA) • In charge of book keeping • Accounts Payable/Accounts Receivable • Paying taxes • Payroll • Helps with market operations when necessary 4.1 Production La Quinta Bazaar will consist of 60 vendors, 30% of those being produce. La Quinta Bazaar will be open from November 1't thru May 15s' every Saturday from 8:00 a.m. to 3:00 p.m. Set up hours will be between 6:00 a.m. and 8:00 am. During this time delivery and placement of toilets and wash stations will be set up. Handicap facilities will also be provided. A 3X5 dumpster as well as 18 trashcans will be delivered and distributed through out the grounds. At this time vendors will be unloading and setting up there canopies and merchandise. End of day hours will be between 3:00 p.m. and 4:00 p.m. During this time toilets and wash stations will be picked up and removed from the grounds. Dumpsters and trash cans will also be picked up. Vendors will break down there canopies and they are responsible for leaving there work area spotless. Management will remain on site from beginning to end with a close watch on all activities. 4.2 Photos I previously provided photos in which I plan to use with my vendors. The purpose of these photos is to give visuals of what I would like to see, and as well things, I do not want to see at the market. I do not want the standard layouts that I have viewed at many other markets during my research. Market success is predicated on vendor success! I believe display and merchandising are keys to drawing customer's attention. Agricultural products are most visible and desirable; however I want more intriguing products to lure customers in. For nonagricultural products the vendors need to think about what they are and who would be most interested in that product, and what has the most visual appeal. This promotes customer flow and enhances customer numbers. My goal is to alternate my vendors for two primary reasons: La Quints Bazaar Business Plan 22 September 11, 2008 1.) To create a s6se of urgency for the buyer (I better buy this now before it's gone approach!) 2.) To keep an ever changing environment where people will not get bored and will always know La Quinta Bazaar will always have different products each time they come to the market. 43 Parkins Handicap parking stalls will be moved from the East end of the parking lot to the West end. Signs and cones will clearly mark the spaces available for handicap parking. "NO PARKING" signs will be posted in prohibited parking areas. I would like to request approval for vendor parking in the vacant property across the street (Mendoza & Martinez) as the primary off site parking lot for La Quinta Bazaar vendors. This will allow more convenient parking for customers near the market. La Quints Bazaar Business Plan 23 PH # C PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 14, 2008 CASE NUMBER: SIGN APPLICATION 2008-1281 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC REQUEST: CONSIDERATION OF A SIGN PROGRAM FOR PERMANENT BUSINESS IDENTIFICATION SIGNAGE FOR THE MADISON SQUARE COMMERCIAL RETAIL DEVELOPMENT LOCATION: NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS SIGN APPLICATION IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15311 ACCESSORY STRUCTURES (CLASS 1 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GENERAL PLAN: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING LAND USES: NORTH: CVWD STORM WATER CHANNEL SOUTH: HIGHWAY 111, RETAIL COMMERCIAL, VACANT LAND EAST: DUNES BUSINESS PARK WEST: DUNE PALMS ROAD, RETAIL COMMERCIAL BACKGROUND This proposal was originally scheduled for the Planning Commission meeting of September 23, 2008, at which time it was continued to the present date to allow additional research and review of newly submitted information. Madison Square, an approximately 92,000 square foot commercial/retail development located on the northeast corner of Highway 111 and Dune Palms Road, was approved by Planning Commission on July 22, 2008 (SDP 08-902, CUP 1 08-111, TPM 36067►. The currently vacant 9.5-acre project site is bounded by the Coachella Valley Water District storm water channel to the north and the Dunes Business Park commercial development to the east (Attachment 1). The development includes a total of six buildings with varying commercial/retail uses (Attachment 2). Buildings One, Two, Four, and Five, which range in size from approximately 5,000 square feet to 15,000 square feet, consist of commercial retail spaces. Buildings One and Two are located on the north end of the project site, near the storm water channel. Buildings Four and Five are located in a prominent location at the southwest corner of the project site, near the major intersection of Highway 1 1 1 and Dune Palms Road. Building Three, LA Fitness, is an approximately 42,000 square foot health club/gym. It is the anchor tenant for this particular retail center, and is located at the northeast corner of the project site. Building Six, In-n-Out, which is located at the southeast corner of the project site, is an approximately 3,200 square foot fast food restaurant with a drive -through. SIGN REQUEST The applicant requests a sign program be approved for Madison Square (Attachment 3). Building -mounted, internally -illuminated channel letter tenant identification signs for all six buildings and three (3) internally -illuminated monument identification signs have been applied for as part of the proposed sign program. The sign program identifies specifications such as size, materials, letter style, colors, illumination, and shape for all building -mounted and monument signs, as well as any general standards for sign installation, maintenance, and modifications (Attachment 3, Page S-1 — S-4). Building One Sign Placement On Building One, internally -illuminated tenant identification signs are proposed to be placed on the western building elevation facing Dune Palms Road and on the southern building elevation facing the parking lot (Attachment 3, Page E-1). A maximum of two (2) signs are allowed for Building One, with the primary identification sign located on the southern elevation and three (3) sign area options on the western elevation. Sign Area For Building One, the tenant signs are limited to the exhibited sign areas, which are determined by calculating a width not to exceed 70% of the wall area where the signs are to be placed and a maximum sign height of four (4) feet (Attachment 3, Page 2.1). The maximum area of signage allowed for Building One is one (1) square foot of sign area for every linear foot of leased store frontage, measured 4 from the parking lot side of the building, not to exceed 50 square feet per sign and not to exceed 100 square feet total for the two allowed signs. Building Two Sign Placement On Building Two, signs are proposed to be placed on the southern building elevation facing the parking lot (Attachment 3, Page E-2). Sign placement for businesses that occupy more than one tenant space will be determined by the tenant, property manager, and be reviewed and approved by the Planning Department through the sign permit process. Sign Area For Building Two, the tenant signs are limited to the exhibited sign areas, which are determined by calculating a width not to exceed 70% of the wall area where the signs are to be placed and a maximum sign height of three (3) feet (Attachment 3, Page 2.2). The maximum area of signage allowed for Building Two is one (1) square foot of sign area for every linear foot of leased store frontage, measured from the parking lot side of the building, not to exceed 50 square feet per sign. Building Three Sign Placement On Building Three, which is the anchor tenant LA Fitness, internally -illuminated channel letter signs are proposed to be placed on the eastern, southern, and western building elevations (Attachment 3, Page E-3). On the eastern elevation, the sign is proposed to be placed above the architectural pop -out near the front entrance towards the southern building elevation. On the southern and western building elevations, the signs are proposed to be placed on the architectural pop - outs, both near the entrance rotunda. The colors of the sign are to match the nationally recognized trademark colors, which is a dark blue. Sign Area All Building Three signs for LA Fitness are proposed to be 148 square feet, with a height of four (4) feet, and a width of approximately 36'-7" (Attachment 3, Page 2.3). Buildings Four & Five Sign Placement On Buildings Four and Five, which share the same building perimeter, tenant identification signs are proposed to be placed on all four building elevations (Attachment 3, Page E-4&5a — E-4&5b)• Each in -line tenant is allowed two (2) signs. The northern and southern building elevations have multiple sign area options, and the end cap tenants may choose one of the options with a maximum 3 of three (3) signs allowed, one on each building frontage. Sign placement for businesses that occupy more than one (1) tenant space will be determined by the tenant, property manager, and be reviewed and approved by the Planning Department through the sign permit process. Sign Area For Buildings Four and Five, the internally -illuminated tenant signs are proposed to be placed within the designated sign areas, which are determined by calculating a width not to exceed 70% of the wall area where the signs are to be placed and a maximum sign height of three (3) feet (Attachment 3, Page 2.2). The maximum area of signage allowed for Buildings Four and Five is one (1) square foot of sign area for every linear foot of leased store frontage, measured from the parking lot side of the building, not to exceed 50 square feet per sign for the in -line tenants, with a maximum of 150 square feet total for the three end cap tenant signs. Building Six Sign Placement On Building Six, the fast food drive -through restaurant, signs are proposed to be placed on all four sides of the building (Attachment 3, Page E-6a — E-6b). The signs, which are internally -illuminated channel letters, feature the tenant name, In- n -Out, in their corporate red letters, and the trademark yellow arrow. Sign Area The proposed signs for the In-n-Out building are a maximum of approximately 10'- 6" wide and 6'-3" in height. The total area of each proposed In-n-Out sign is approximately 50 square feet, with the letters totaling approximately 16 square feet and the yellow arrow at 34 square feet. Monument Signs The proposed sign program also identifies three internally -illuminated double -sided monument signs for Madison Square (Attachment 3, Page P-1). One monument sign is located at the central project entrance on Dune Palms Road, near Building One. Another sign is located at the southwest corner of the project site, near the intersection of Highway 1 1 1 and Dune Palms Road, and the third sign is located at the entrance to the shared driveway on Highway 1 1 1. Each monument sign, excluding the side base columns, are approximately six (6) feet in height, 8.5 feet wide, and two (2) feet in depth, with total size of approximately 50 square feet each (Attachment 3, Page 1.1). The monument signs consist of aluminum cabinets situated on grooved aluminum bases and columns, and are capped by a painted trim. Each side of the monument consists of one "Madison Square" project identification 0 panel, one anchor tenant identification panel, and six tenant identification panels. The project identification panels consist of Lucida Calligraphy type font, and the tenant identification panels are all colored Western red with white acrylic face backings. ANALYSIS The proposed sign program for Madison Square generally meets all criteria set forth in La Quinta Municipal Code Section 9.160.050 Permanent Signs in Non - Residential Districts. Although the building -mounted identification signs for the individual tenant spaces in Buildings One, Two, Four, and Five may seem to have a substantial maximum sign size at 50 square feet, the majority of lease frontages are approximately 25 feet wide, which consequently limits most in -line tenant signs to approximately 25 square feet each (1.0 square foot/linear foot of lease frontage), which would be appropriately sized for the respective building fascias. Building Three With regards to Building Three, the signs proposed for LA Fitness exceed the maximum sign allowance per the LQMC. Many of the major retail tenants along the Highway 111 corridor have historically applied for business identification signs in excess of sign ordinance criteria, which allow two business identification signs up to a maximum 50 square feet aggregate for each individual commercial tenant. Approvals were made based on sign size, location, as well as proportionality to the building. The following chart shows a comparison of the proposed sign to previously approved signs for similarly -sized major retail tenants along Highway 111: d� +� i�.4 mfoot$ i� % f— too! Cf.. ' e frortc ftwy 111 I —feet) Bed Bath & Beyond 150 240 350 Stater Brothers 180 250 350 Target 186 400 450 Sam's Club 167 430 1,050 Walmart 230 580 1,200 Costco 523 500 900 Best Buy108 190 350 LA Fitness: 444 (148 x 3) 205 350 Staff concludes that the three main business identification signs for LA Fitness on the eastern, southern, and western building elevations are larger than necessary. At approximately 148 square feet each, the signs are disproportionate to the building fascia. In addition, the combined square footage of the three business identification signs on all building elevations total approximately 444 square feet. The combined sizes of the three signs are not proportional to the amount of wall space on their respective building elevations, significantly exceed what is permitted 5 in the La Quinta Municipal Code (nearly 9 times the permitted 50 square feet), and are greater than what has historically been approved for major retail tenants on Highway 111. In addition to the proposed sign size, the applicant is proposing three such signs. This is believed to be an excessive number of signs for the size of tenant. There are a limited number of similarly -sized retail businesses along Highway 111 in La Quinta that have three business identification signs. Per LQMC Section 9.160.090, sign adjustments may be included in planned sign programs to permit additional sign area and number of signs if findings are made to justify the approval of the adjustments. Additional area may be granted if it is found necessary "to allow a sign compatible with other conforming signs in the vicinity." Staff recommends that this finding be made for Building Three, allowing business identification signs that exceed the permitted 50 aggregate square feet. However, staff also recommends that the signs be reduced from the proposed 148 square feet to 100 square feet each (i.e. 25 feet wide by 4 feet in height or 33 feet wide by 3 feet in height). As discussed in the Findings below, the additional signage allowed would be appropriate for this location as it is proportional to other signs and frontages of other major tenants along Highway 1 1 1. Staff does not recommend that a finding be made with regards to an additional number of signs for LA Fitness. Staff believes that two signs are sufficient for adequate building identification as the building sits at a prominent location and is approximately 15 feet taller than the surrounding buildings. Therefore, staff recommends that the total signage for the LA Fitness building be limited to two (2) 100-square foot signs, and that the applicant be able to choose which two building elevations out of the three optional locations to place the signs. However, if the applicant contends that a third identification sign is essential, staff is accepting of a third sign on the east -facing elevation. Staff recommends that the sign be a maximum of 50 square feet, and be architecturally -compatible to the eastern building elevation, as determined by the Planning Commission. Staff also recommends that the Planning Commission discuss these recommendations and signs proposed for Building Three, and determine whether or not the sizes, quantities, and placement locations are appropriate. Building Six With regards to Building Six, four business identification signs are proposed for the fast food drive -through restaurant. LQMC Section 9.160.050 permits two signs and an aggregate maximum of 50 square feet for individual commercial buildings. As proposed, the aggregate sign area for Building Six is 200 square feet, at approximately 50 square feet per sign. Similar to the aforementioned LA Fitness signs, per LQMC Section 9.160.090, sign adjustments may be included in planned 61 sign programs to permit additional sign area and number of signs if findings are made to justify the approval of the adjustments. An additional number of signs may be granted, if it is found necessary "to compensate for inadequate visibility, or to facilitate good design balance." Staff does recommend that this finding be made for Building Six, but only to permit three out of the four proposed signs. The restaurant is located in a prominent location within the project and achieves very high vehicular visibility, and the proposed signs on the southern and western building elevation are integral to the restaurant's identification, particularly from Highway 1 1 1. The proposed third sign, on the eastern building elevation, compensates for inadequate visibility and facilitates good design balance by allowing visitors driving west from within the Dunes Business Park, as well as visitors driving south on the shared driveway, to adequately identify the restaurant. The proposed sign on the northern building elevation becomes less important and is not needed for restaurant identification if the eastern elevation sign is permitted. Therefore, staff recommends that the sign on the northern building elevation be omitted from the sign program, and that the signs on the eastern, southern, and western building elevations be approved as proposed at 50 square feet each. The 50 square foot signs are acceptable at the respective locations because the design of the signs are in scale and not disproportionate with the building elevations. Staff recommends that the Planning Commission discuss the signage proposal and staff recommendation for Building Six, and determine whether or not the sizes, quantities, and placement locations are appropriate. Monument Signs With regards to monument signs, LQMC Section 9.160.050 limits monument signs for non-residential uses to one.sign per street frontage, and a maximum allowable aggregate sign area of 100 square feet for a project site. A total of three monument signs, at 50 square feet each, have been proposed. The proposed monument signs do not meet LQMC requirements. Per-LQMC Section 9.160.090, sign adjustments may be included in planned sign programs to permit an additional number of signs if findings are made to justify the approval of the adjustments. An additional number of signs may be granted, if it is found necessary "to compensate for inadequate visibility, or to facilitate good design balance." It is staff's recommendation that the findings to justify additional monument signs cannot be made, as at this project location, two strategically -placed monument signs is adequate to achieve a very high visibility for project identification. Therefore, staff recommends that one of the proposed monument signs be excluded from the sign program. 7 Public Notice This project was advertised in The Desert Sun newspaper on September 12, 2008, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the public hearing. FINDINGS LQMC Section 9.160.090 Sign Permit Review gives Planning Commission the opportunity to allow adjustments to sign programs by granting additional sign area, additional numbers of signs, alternative sign locations, alternative types of signage, and new illumination or additional height, subject to specific findings for each type of adjustment. Based on the foregoing analysis, the following findings can be made to approve the proposed sign program for Madison Square: Additional Area: As recommended and conditioned, the proposed Madison Square sign program, with respect to the additional sign areas for Building Three and Building Six, achieves an effect which is essentially architecturally compatible, and allows signs to be in proper scale with the buildings or uses. The proposed additional sign areas for Building Three and Building Six, and the maximum sizes allowed, are not out of scale with the Madison Square buildings. Additional Number: As recommended and conditioned, the proposed Madison Square sign program, with respect to Buildings Four, Five, and Six, compensates for inadequate visibility, and facilitates good design balance. With the allowance of the third signs on the respective building elevations, the businesses will have adequately visible signs, while maintaining good design balance. RECOMMENDATION Adopt Minute Motion No. 2008 , approving Sign Application 2008-1281, based on the above analysis and findings, and subject to the following conditions of approval: 1. The total square footage for each of the "LA Fitness" business identification signs shall be no greater than 100 square feet. The applicant shall install the two (2) approved signs on the eastern, southern, or western building elevations at the approved locations. 2. The total square footage for each of the "In-n-Out" business identification signs shall be no greater than 50 square feet. The applicant shall install the approved signs on the eastern, southern, and western building elevations at the approved locations. 0 3. Prior to issuance of the first sign permit, a final version of the sign program (text and graphics) shall be submitted to the Planning Department/incorporating any amendments or Conditions of Approval by the Plannipfq Commission. 4. A building sign permit shall be obtained prior to installation of the signs. by: Y \NUU\Xskciate Planner Attachments: 1. Vicinity Map 2. Madison Square Site Plan 3. Proposed Madison Square Sign Program E 0 ATTACHMENT 1 ATTACHMENT 2 ' 1333aS NNOSSH3if3f _o 133USS nNOS6`3 3f _I P n 11 CORRESPONDENCE ` 1, WRITTEN MATERIAL J � CALIFORNIA BICYCLE COALITION OCt. 2, 2008 FOR IMMEDIATE RELEASE Contact: Jim Brown, Communications Director g16-446-7558 jimbrown a calbike.org Complete Streets Act becomes California law California has become the first state in the nation to adopt a statewide Complete Streets policy for all local roadways. Gov. Arnold Schwarzenegger signed the Complete Streets Act into law on Sept. 30. The legislation requires cities and counties to ensure that local roads and streets adequately accommodate the needs of bicyclists, pedestrians and transit riders, as well as motorists. The legislation was authored by Assembly Member Mark Leno (D-San Francisco), co-authored by Assembly Member Lloyd Levine (D-Thousand Oaks), and co -sponsored by the California Bicycle Coalition and AARP, California Chapter. "This law makes California one of the nation's leaders in supporting clean, affordable, healthful modes of transportation," said CBC Executive Director K.C. Butler. "As California's population continues to grow, we can no longer afford the economic or environmental costs of streets and roads designed solely for cars. We need to be smarter as we plan our communities and this new law provides an important way to do that." The law applies to periodic updates to city and county general plans related to traffic circulation. During the update process, cities and counties must determine how well local streets and roads accommodate the needs of all users, and then adopt plans for making improvements where they are indicated. , California joins a national movement that has seen Complete Streets policies adopted by dozens of cities across the U.S., as well as a handful of state transportation agencies, including the California Department of Transportation. Caltrans is currently strengthening its internal Complete Streets policy, which affects state highways. The Complete Streets Act will be implemented through general plan update guidelines developed by the Governor's Office of Planning and Research. CBC will work closely with OPR to ensure that update guidelines adequately reflect Complete Streets principles. "About one -quarter of the nation's bicycles are sold and ridden in California, and those numbers have been growing this year in response to rising gas prices," said Butler. "Designing roadways to enable more Californians to use bicycles for everyday transportation can help contain gas prices, relieve traffic congestion, improve personal health, and begin to reduce greenhouse gas emissions that cause global warming. There has never been a more crucial time for California to enact this I FL MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Directo�0�% DATE: October 14, 2008 ((// RE: Report on Landscaping Ordinance in Regards to Tract Homes During its September 23, 2008 meeting, the Planning Commission enquired as to the current landscaping requirements for smart controllers, in particular, if they are required for individual lots within a single-family residential tract. In response, staff has researched this issue and provides following information. In short, the installation of smart controllers is required for all new developer - installed landscape areas within a residential subdivision, including all common areas and individual lots. They are not required on any portion of an individual lot that is not landscaped by the developer, such as a rear yard. For more information regarding the City's residential water -efficient landscaping requirements, the following information is provided. Section 8.13 applies to developer -installed landscaping in single-family tracts, such tracts are mandated under the ordinance to incorporate the following water - efficient features (§8.13.030): • All typical landscaping plans for prototypical residential units (tract homes) shall include a no -turf option. • Turf shall be placed within functional and accessible recreational areas. Turf placement is discouraged at locations adjacent to perimeter streets and sidewalks and those locations having limited visibility and/or pedestrian activity. • Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating uniformly without overspray onto hardscaped areas, streets, and sidewalks. Landscape areas less than eight feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. PAReports - PC\2008\10-14-08\PC Landscaping Staff Memo.doc • Turf areas irrigated with spray/rotor systems must be set back at )east twenty-four inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable ground cover. • Turf grass coverage shall be limited to no more than fifty percent of any project's total landscaped area. • Smart Controllers shall be specified for all irrigation system projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions. • High flow (check) valves shelf be installed in or under all heads adjacent to street curbing, parking lots and where damage could occur to property due to flooding, unless controllers with flow sensor capabilities are specified that can automatically shut off individual control valves when excess flow is detected. [High flow valves prevent wastewater from broken sprinkler heads.] Planning staff members enforce these regulations through the review and approval of Final Landscaping Plan submittals and landscaping inspections following installation. Residential tract home projects approved by the Planning Commission prior to the current Water -Efficient Landscaping Ordinance taking effect are held to the prior landscaping ordinance standards. P:\Reports - PC\2008\10-14-08\PC Landscaping Staff Memo.doc Tit!t 4 4 a" MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: LES JOHNSON, PLANNING DIRECTO DATE: OCTOBER 14, 2008 fi- SUBJECT: SA 08-1281 MADISON SQUARE SIGN PROGRAM REVISED PROPOSED SIGNAGE FOR BUILDING THREE ILA FITNESS) On Monday, October 13, 2008, staff received a revised signage proposal for the Madison Square Sign Program (SA 08-1281), copies of which are subsequently being distributed as part of the Planning Commission review packet. The proposal includes new signage for Building Three, the anchor tenant LA Fitness. The new signs would replace the proposed 148-square foot "LA FITNESS" with 158-square foot "LA FITNESS Signature Club" signs. The proposal also includes signage option exhibits for the eastern building elevation, with models for 50-square foot, 75-square foot, and 100-square foot signs. Staff has reviewed the revised signage proposal, and has determined that the original recommendation included in the staff report for SA 08-1281 should remain. At 158 square feet each, the newly -proposed signage is disproportionate to the respective building fascias. Staff believes that the 100-square foot options for both the western and southern building elevations, as well as the 50-square foot option is appropriately sized for the building and its location. Staff also believes that the 50-square foot sign on the eastern elevation should be relocated to be placed on the lower architectural pop -out, as it would be more compatible with the wall space. Staff does recommend that the Planning Commission discuss these proposed signs for Building Three, and determine whether or not the sizes, quantities, and placement locations are appropriate.