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2009 04 14 PCT City of La Quinta y� Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org c��t OF Tk�'9 PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California APRIL 14, 2009 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2009-013 Beginning Minute Motion 2009-005 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 March 24, 2009. 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 .................. CONTINUED SIGN PROGRAM 2006-1078, AMENDMENT NO. 1 Applicant........... Highland Development Sign Company Location............ North Side of Highway 111, Approximately 1,000 Feet East of Dune Palms Road Request ............. Consideration of a Proposed Sign Program Amendment to Add an Additional Freestanding Monument Sign for the Dunes Business Park. Action ............... Staff is Requesting this be Continued to April 28, 2009. B. Item .................. SITE DEVELOPMENT PERMIT 2008-905 AND CONDITIONAL USE PERMIT 2008-112 Applicant........... Leslie Lippich Architect and Associates, Inc. for Yury Levitan Location............ East Side of Washington Street, Approximately 780± Feet North of Fred Waring Drive. Request ............. Consideration of Architectural and Landscaping Plans for a 4,924 Square Foot Express (Self -Service) Car Wash. Action ............... Resolution 2009- , and Resolution 2009- C. Item .................. SIGN APPLICATION 2003-682, AMENDMENT NO. 1 Applicant........... Washington 111, Ltd. (Ads Design and Signs) Location............ South of Highway 111 Between Washington Street and Adams Street Request ............. Consideration of a Proposed Sign Program Amendment to Include Revised Monument Signs and Under -Canopy Blade Signs. Action ............... Minute Motion 2009-. D. Item .................. ZONING ORDINANCE AMENDMENT 2009-097 Applicant........... City of La Quinta Location............ City-wide Request ............. Consideration of the Following Amendments to the La Quinta Municipal Code: (9.160.60) - to Restrict the Placement of Permitted Temporary Signs Within the Public Right -Of -Way, to Reduce the Maximum Time Period for Signs from Sixty (60) days to Forty -Five (45), and to Eliminate Sign Size Restrictions for Exempt Directional and Informational Signs for Public, Quai- Public, and Non -Profits; and (9.160.020) - to Revise Table 9-17 to Change Maximum Sign Size and Height Restrictions for Exempt Signs. Action ............... Resolution 2009- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Attendance Update VIII. COMMISSIONER ITEMS: A. Report on City Council meeting of April 7, 2009, from Chairman Alderson. B. Commissioner Barrows scheduled to attend the April 21, 2009, City Council meeting. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on April 28, 2009, 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, April 14, 2009 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, 51-321 Avenida Bermudas, on Friday, April 10, 2009. DATED: April 10, 2009 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 March 24, 2009 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Quill 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 Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of the Regular Planning Commission Meetings of February 24, 2009, and March 10, 2009; as well as the Special Joint Meeting of March 10, 2009 which included the Planning Commission and the Architecture and Landscaping Review Committee (ALRC). There being no changes, or corrections, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2008-118; a request by Verizon Wireless for consideration to allow the construction of a 72 foot high telecommunications monopalm tower and 830 square foot equipment shelter to be located at 54-001 Madison Street at Riverside County Fire Station No. 70. P:\Reports - PC\2009\4-14-09\PC MIN_3-24-09 Draft.doc Planning Commission Minutes March 24, 2009 Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any comments from the Commissioners. There being none, Chairman Alderson then asked if there were any questions of staff. The Commissioners asked for clarification of the service area chart as shown on the overhead screen. Staff explained what each of the color codes represented. Commissioner Quill asked about the possible sharing of poles. Staff explained the provisions of shared -use on towers and the difficulty of screening additional antennas with this type of tower design. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Robert McCormick, representative for Verizon Wireless, 27 Via Granada, Rolling Hills, California 90274, introduced himself and said he was available to answer questions. Chairman Alderson asked if he was comfortable with all the conditions in the staff report, including the height limitation. Mr. McCormick said he was. He then explained the design and operation of the monopalm, and the height needs. He did say they would prefer to have the full height of 72 feet, not the 55 feet as conditioned in the staff report. Commissioner Wilkinson asked about the existing tower of 62 feet and the reduction of the proposed tower to 55 feet. He asked for clarification on the height deviation. Mr. McCormick explained the need for a separation of height between the two towers. Commissioner Wilkinson asked about the "after" picture shown on the overhead screen, which included a white circled area. Mr. McCormick PflReports - PC'\,200914-14-09TC MIN 3-24-09 Drattdoo 2 Planning Commission Minutes March 24, 2009 explained that area was located. He then went shown in the green area. just to show where the towers would be over the whole map including the results Commissioner Quill asked if the client was doing a ground lease from the County or the City. Mr. McCormick said it was from the City. Chairman Alderson asked about the location on Spanish Bay. Mr. McCormick stated their initial objective of coverage and explained why they chose that particular area. Commissioner Weber asked where the Verizon towers were located on the map. Mr. McCormick pointed them out to the Commissioners. Commissioner Weber asked if additional towers would be needed at a future date. Mr. McCormick said they would and explained where they would be needed. Commissioner Weber asked about the other tower on the property and if it was approximately the same height as this tower. Staff gave an explanation of the other tower and its height. Commissioner Weber said he went to the site and commented that this tower would blend in well. He asked if the applicant was happy with the height: Mr. McCormick said he accepts the conditioned height but would prefer the height they initially requested and explained how the tower worked. He also commented on the care and concern of the nearby landscaping. Commissioner Weber asked if the height restriction was included so the project would be in compliance with the City's Municipal Code. Staff explained the Code, as well as the co -location provision, and said it was to reduce the overall impact of the towers on the surrounding neighborhood views. Commissioner Weber said there was obviously a concern if coverage was degraded significantly. 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. P !.Repurts - PC'0009'\4-14-09TC MIN 3-24-09 Draft.doc 3 Planning Commission Minutes March 24, 2009 There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-010 recommending approval of Conditional Use Permit 2008-118 as conditioned. Unanimously approved. B. Sian Program 2009-1356; a request by Eisenhower Medical Center for consideration of a proposed Sign Program for Eisenhower Medical Center Identification and Monument Signage at the Centre Pointe Development located at the southeast corner of Seeley Drive and Washington Street. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked about visual impact, of the north facing sign, on the adjacent residential area. Staff said the sign was south of Seeley and referenced item number 3 on the map provided. Staff said the sign actually faced northeast and would not be visible to homes just to the east. Staff said there is some space between the building and the existing neighborhood and it is anticipated there will be additional development in between thus lessening the visual impact. Commissioner Quill asked if nearby neighbors had received public hearing notices, and were there any responses. Staff said they did and staff received one phone call but it was of an inquiry -only nature. Commissioner Weber asked about page three of the staff report and the nearby Reunion Neighborhood. Staff said the Tract Map referred to the neighborhood as the Reunion Neighborhood but it was actually the Desert Pride development. Commissioner Weber said the staff recommended the Express Clinic signs be separated out. He asked if there had ever been similar sign requests like that and asked for some background on the matter. Staff said they haven't really seen this applied to very many projects before but this project deals with medical use and there were P:'\,Reports PC`2009`4-14-09\PC MIN 3-24-09 Draft.doc 4 Planning Commission Minutes March 24, 2009 provisions in the Sign Code that allowed it to be reviewed at staff level. That was the reason it was not included in the staff report as part of the overall Sign Program. Chairman Alderson asked about the square footage of the signs and if the square footage was within the limits of the City's Code. Staff explained the Code and their findings that additional sign area was needed to be architecturally compatible. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Jim Cross with Best Signs (representing Eisenhower Medical Center), 1515 Gene Autry Trail, Palm Springs, California, introduced himself and offered to answer any questions. Commissioner Weber said there was a question about the exact location of the monument sign on Seeley Drive and asked if Mr. Cross could clarify this question. Mr. Cross said they wanted to make sure that the sign coincided with the landscape and was compatible with the location of Seeley Drive. There is only one entrance into the property so the sign would be close to the drive in the best visible area and not obstructed by landscape and does not violate City code. We know it will be at the entrance but cannot provide an exact site plan at this time. Commissioner Weber asked if the applicant was willing to work with staff on this issue. Mr. Cross said he was. Mr. Charles Morris, Project Manager for Eisenhower Medical Center, 39-000 Bob Hope Drive, Rancho Mirage, California, introduced himself and offered to answer any questions. 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 Wilkinson commented on the two entrances on Seeley; including the emergency entrance and asked if there was a sign application for the second entrance. Mr. Cross said that was a fire road and there would be no sign there. Commissioner Wilkinson P:\Reports - PCi2009i4-14-09\PC MIN 3-24-09 Draft.doc 5 Planning Commission Minutes March 24, 2009 asked if that was for emergency access only. Mr. Cross said it was and they did not want to encourage the public's use of that road. Commissioner Quill complimented the applicant on a very thorough set of plans with good detail. Chairman Alderson commented it was a fine looking sign. There was no further discussion and it was moved and seconded by Commissioners Weber/Barrows to approve Minute Motion 2009-004 approving Sign Program 2009-1356 as conditioned. Unanimously approved. C. Sign Program 2006-1078, Amendment No. 1; a request by Highland Development Sign Company for consideration to add an additional freestanding monument sign for the Dunes Business Park located on the north side of Highway 1 1 1, approximately 1,000 feet east of Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. Planner Manager David Sawyer announced to the Commission that since the writing of the staff report, a letter was received from one of the site's property owners, expressing concerns regarding a conflict with the application and the CC & R's of the Center. Staff presented a memo referencing the letter and requested the item be continued to April 14, 2009. Chairman Alderson asked if the letter -writer, Mr. Lowden, was an owner or a tenant. Staff said there were five buildings on the site and he was the owner of the rear building. The letter mentions questions regarding the number and usage of monument signs in the development's CC & R's. He then requested an opportunity to work with staff and the applicant to work out the details. Chairman Alderson opened the public hearing. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to continue Sign Program 2006- 1078, Amendment No. 1 to the meeting of April 14, 2009. Unanimously approved. P:�,Reports - Kt,,2009\4-14-09\PC MIN 3-24-09 Draft.doc 6 Planning Commission Minutes March 24, 2009 D. Zoning Code Amendment 2008-096; a request by staff for consideration of the following amendments to the La Quinta Municipal Code: 1. To update the list of established zones (9.20.010); 2. to identify the effective date for Low Density Residential Zoned lots which are permitted a ten foot rear setback (9.50.030); 3. to identify the correct Cove Residential minimum dwelling unit size in Table 9-2 (9.50.030); 4. to identify provisions for the use of vinyl fencing materials (9.50.090); 5. to correct the Guesthouse Provisions in the Residential Table of Permitted Uses (9.60.100); 6. to require a Specific Plan in certain Commercial Zoning Districts for all projects over ten acres in size (9.70.030 & 9.90.040); 7. to identify Tobacco, Off -Site Care Sales, and Ice Skating Related Uses in the Non -Residential Table of Permitted Uses (9.80.040); 8. to establish Sunset Provisions for inactive and incomplete applications (9.200.070 & 13.04.080); 9. to specify criteria for Modification by Application procedures (9.200.090); 10. to correct the Mandatory Findings of Approval for Tentative Tract Maps (13.12.130); 11. to specify the timing of land dedications and parkland fees (13.48.080); 12. to correct and remove Parkland policy references to an outdated version of the General Plan (13.48.090 and Appendix to 13.48). to effect locations City-wide. Chairman Alderson asked for clarification of the distinction of the two resolutions requested by the staff report. Staff responded the resolutions referenced changes under Titles 9 and 13. The resolutions were to be split accordingly. With that clarification, Chairman Alderson then opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. P:�,Reports - PC\.9009\4-14-09\PC MIN 3-24-09 Draft.doc 7 Planning Commission Minutes March 24, 2009 Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked about the Parkland Fees issue, as he was confused about the timing involved. He gave the example of today's economic timing and how it could be advantageous to a developer. He said he would like collection to remain at the time of the Tentative Tract Map. Commissioner Quill asked how the fees were calculated. Staff further explained the assessment and timing on the assessments of the properties. Commissioner Quill asked if they were based on the Tax Assessor's rolls. Planning Director Johnson said it was actually done by an appraisal to assure an accurate representation. Planning Director Johnson also stated that the City had previously missed some Quimby Fee collection due to the timing of the development of land. He added that in the current market, it is to the advantage of the developer, and is not always to the advantage of the City. He then explained the valuation would be done just prior to the Final Map being brought before the City Council. He added, further, there was a five year statute of limitation on the City being allowed to use the collected Quimby fees. He also gave examples of fees being paid and the final map not being recorded and how the City was now responsible for refunding those fees. Commissioner Quill commented on these economic times being problematic and said developers could now max out their extensions waiting to get the property sold or developed on Tentative Tract Maps. Commissioner Wilkinson asked about the scenario of a development going back to the bank or receivership and asked if there was a point where the fees were re-evaluated. Planning Director Johnson said what staff proposed was that the valuation would be based on the time of the Final Map and prior to City Council approval. The formula and the amount would have to be approved prior to it being scheduled for City Council's acceptance of the Final Map. Then what typically happens is the fee is either paid prior or it is paid right after City Council approval. There is a 30-day window from City Council approval to secure all the Subdivision Improvement Agreement Bonds Pr.Reports - P0,20091,4-14-09\PC MIN 3-24-09 6rait.dou 8 Planning Commission Minutes March 24, 2009 and any other extenuating matters would have to be addressed, including a Quimby Fee payment, before an applicant can record their map. He said there were a few situations where there was a map still in the tentative state, which had not been finaled yet and explained the status of those developments and the advantages/disadvantages of the change in the Code. Commissioner Wilkinson asked about the change in valuation on those examples. Planning Director Johnson explained that staff did not receive a current valuation as the developers did not do a current appraisal. The then explained the procedure staff followed to establish the valuation. Commissioner Wilkinson asked staff if the Tentative Tract Map were allowed to expire would the applicant have to come back, re -apply, and start over with a current valuation. Staff responded if the Tentative Tract Map expired they would have to start over again. They would then be subject to requesting a refund of those dollars. Once they go back to the entitlement stage of the map then the City would address it accordingly. The key issue is the requested change is a cleaner way of approaching it and getting a true valuation of the property. Commissioner Quill asked about the selection of Code sections for update and said he was very impressed with staff's thoroughness. He expressed the fact there had been various problems, in the past, because of minor changes such as these not being updated. Staff explained how the list was compiled and said the Zoning Code is an evolving document. The Commissioners were alerted to the fact they would be seeing future updates, possibly on an annual basis. Commissioner Quill asked about the heavy restriction of ice skating rinks and said they should be allowed in a more zoning areas. Principal Planner Mogensen said the Table of Permitted Uses only identified the zones outlined in the staff report. Discussion followed on each of the zones listed and their uses followed by an explanation of staff's methodology of how those items were listed on that Table. Commissioner Quill commented on the current ice skating facility and how it was adapted for this use. He commented on the possibility of a large commercial building being vacated and becoming available for use as an ice skating rink. He commented that would not be an Pr,P.epurts - PD1200914-14-091PC MIN 3-24-09 Draf aloe 9 Planning Commission Minutes March 24, 2009 obtrusive use and outlined the possible nuisance issues. He added comments on allowing this use in a Tourist Commercial area and wanted the allowance of this use to be opened up a bit more. Chairman Alderson asked if an ice skating rink could, basically, be placed anywhere if a Change of Zone was requested by the applicant. Staff responded there was a caveat on districts and the change could be reviewed by the Planning Director. The appropriate procedure would be to apply for a Conditional Use Permit. Staff then explained some of the problems they had experienced with the current ice skating facility, but said these types of uses are regional draws and they are open to whatever direction the Planning Commission wanted to provide. Commissioner Quill suggested it could be considered under "PR" Zoning. Commissioner Barrows had some concerns on the matter of vinyl fencing and asked if there was any potential for the inclusion of recycled wood. Staff responded there was specific criteria for the types of wood which could be used. Commissioner Quill commented on the possibility of using a product such as Trex which is a composite wood and plastic product and Commissioner Barrows stated it could be considered a type of wood. Staff said it would be interpreted as compatible with vinyl. Commissioner Barrows said she just wanted to make sure it was not prohibited. Chairman Alderson asked if it would be viewed positively. Staff responded it would not be viewed from the street and would probably be viewed positively. Staff responded they could make sure the language would provide for a product like Trex. Commissioner Barrows commented on the addition of Trex or recycled wood products. Staff asked if there was a specific name of that material; instead of a brand name. Commissioner Quill responded it was a recycled material. PclRepurts PC`\.2009\4-14 09'TC MIN 3-24-09 Draft.doc 10 Planning Commission Minutes March 24, 2009 Commissioner Wilkinson said staff might want to include the word reinforced, in reference to the vinyl fencing; as the product might bend. Commissioner Barrows said unreinforced vinyl had not been used successfully around the nature preserve. Chairman Alderson asked if the Commissioners could add a condition to this Section. Planning Director Johnson suggested "recycled products" be incorporated in with the vinyl fencing material. Staff will take the information and research if further to make whatever changes are necessary to make it work. Staff suggested the wording should say "vinyl or similar recycled product." Commissioner Barrows said yes, that would work. Commissioner Wilkinson asked what areas the ten foot rear setback applied to. Staff responded it was Low Density Residential. Commissioner Wilkinson commented on the City's S.O.B. law and the Assistant City Attorney Houston responded it was included in order for the City to be able to regulate it. There being no further questions of the staff, Chairman Alderson noted the applicant was the City so there would be no introduction of the applicant. He then asked if there was anyone from the public present who wished to make any comments. There being none, 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 2009-011 recommending approval of Zoning Code Amendment 2008-096 with the following additions: 1. Section 9.40.04 of the La Quinta Municipal Code which permits wood fencing in the rear or interior side yards, and then only if not visible from the street will be amended to include vinyl or similar recycled material. Unanimously approved. R'�Rupurts - PC'1200914-14-09\PC MIN 3-24-09 Draftdoc I I Planning Commission Minutes March 24, 2009 There was no further discussion and it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2009-012 recommending approval of Zoning Code Amendment 2008-096 as submitted. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Chairman Alderson reported on the afternoon session of the City Council meeting of March 17, 2009, including the discussion of SilverRock Commissioner Wilkinson reported on the evening session, including details of the Monroe Dates and Mayer Villa Capri projects which were previously approved by the Planning Commission. B. Chairman Alderson noted he was scheduled to report back on the April 7, 2009, Council meeting. D. Commissioner Quill suggested staff check the availability of a ULI reference book which provides a definition of active adult communities. He suggested this would be a very helpful book to staff. Staff said they would look into it. IX: DIRECTOR ITEMS: A. Reminder of Planners Institute Conference beginning March 25, 2009. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Barrows to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on April 14, 2009. This meeting was adjourned at 8:34 p.m. on March 24, 2009. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California P?fteports - PC'.200914-14-09TC MIN 3-24--09 Draft.doc 12 PH # A T-vf ot 4v Quha INTER -OFFICE MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Direct t�9 DATE: April 14, 2009 SUBJECT: Sign Application 2006-1078 Amendment No. 1 At the last Planning Commission meeting this item was continued to allow time for staff to meet with the applicant to discuss issues that had been raised by one of the Center's property owners. Staff did meet with the applicant but additional time is needed before this item is ready to return to the Planning Commission. Staff recommends that the subject item be continued to the April 28, 2009 Planning Commission meeting. STAFF REPORT PLANNING COMMISSION HEARING DATE: APRIL 14, 2009 CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 AND CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES (FOR YURY LEVITAN) ENGINEER: JHA ENGINEERING LANDSCAPE ARCHITECT: PAUL STURWOLD ASSOCIATES, ASLA LOCATION: EAST SIDE OF WASHINGTON STREET, APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A 4,924 SQUARE FOOT EXPRESS CAR WASH ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3), OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THEREFORE, NO FURTHER DOCUMENTATION IS NECESSARY. ZONING: COMMUNITY COMMERCIAL (CC) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) SURROUNDING ZONING/LAND USES: NORTH: CC / OFFICE BUILDING SOUTH: CC / APPROVED SHOPPING CENTER (MAYER VILLA CAPRI) EAST: OFFICE COMMERCIAL / MITCHELL PAIGE MIDDLE SCHOOL WEST: RESIDENTIAL USES IN PALM DESERT 1 P:\Reports - PC\2009\4-14-09\SDP 2008-9095 Lippich\lippich rpt pc.doc BACKGROUND The .98 acre vacant site is located in the north end of the City, on the east side of Washington Street between Fred Waring Drive and Palm Royale Drive (Attachment 1). Immediately north of the site is an office building constructed within the last three years. To the south of the site is the recently approved Mayer Villa Capri shopping center(Attachment 2). To the east is the Mitchell Paige Middle School. A residential tract is located to the west across Washington Street in the City of Palm Desert. The property is mostly vacant, except for some scattered desert shrubs and a tree. Power poles and overhead lines run adjacent to the Washington Street frontage. The .98 acre site has 150 feet of frontage along Washington Street and 285 feet of depth. The existing grade of the site is slightly lower than the office building site to the north and approximately 8 feet higher than the school site to the east. The vacant Mayer property to the south varies from approximately 2 to 4 feet lower than the project site. A 6±foot high chain link fence has been installed by the school adjacent to the east property line at the top of the slope. CONDITIONAL USE PERMIT A Conditional Use Permit has been filed as the Community Commercial zoning district requires for such for a car wash. This is to ensure that the location of the car wash is appropriate and it will not be detrimental to the surrounding uses. DEVELOPMENT PERMIT General: The applicant has submitted site, architectural and landscaping plans for a 4,924 square foot express (self -serve) car wash on the site (Attachment 3). The facility would consist of the car wash structure and out side vacuum stations. Though designed to essentially be an automatic car wash, the proposed use will employ 2 to 3 employees at any one time, depending on the time of day and weather. Hours of operation are proposed to be from 6 am to 10 pm, seven days a week. The operation has the customer stay in the car while going through the car wash and either leaves the site after the wash or may self vacuum the car before leaving. The vacuuming is included in the cost of the car wash. Site Design: The car wash building would run along the south side of the site within five feet of the property line and be set back 73' ± back from the ultimate Washington Street curb with the car wash entrance at the east end and exit at the west end. The vacuum stations, as well as employee parking spaces are provided adjacent to the north side of the building. A 15 foot dedication of land is required adjacent to the existing Washington 2 PAReports - PC\2009\4-14-09\SDP 2008-9095 LippichMippich rpt pc.doc Street to widen and improve the street. A minimum 20 foot landscape perimeter is provided adjacent to Washington Street. The site plan shows a monument sign location near Washington Street. The details for this and other on -site signage will be determined when a separate sign program application is submitted. Parking lot lighting will be provided but is not specified at this time. Lighting will be shoe box type with recessed light sources. Storm water will be retained in an underground retention system proposed underneath a portion of the parking lot. Circulation/Parking: Site access to Washington Street via a 28 foot wide driveway near the north end of the site. The lane adjacent to the entry will be a continuation of the deceleration for the Mayer project immediately to the south. Cars entering the site line up in the lanes along the north property line, pay at the pay station and circle around to the right to the car wash entry. An escape driveway is provided midway through the pay line before the pay station should a person wish to exit before paying. The trash enclosure is located in this area. The operation includes automatic washing and drying of the vehicle within the tunnel. After exiting the car wash tunnel, customers have the option of leaving the site or using the vacuums. After vacuuming, the car exits to Washington Street. Twenty-four vacuum stations or spaces are provided in the center area of the site. Two employee parking spaces are provided at the east end of the vacuuming area. This full fills the parking requirement for car washes of this type. If needed, the vacuum spaces can be used for short term parking. "No parking" areas are provided at the east end of the parking lot in case all vacuum station are being used and a car needs to turn around. Architecture: The car wash structure is 34 feet wide and 160 foot long with a southwest type design except for its curved bronze 16mm polycarbonate twin wall roof. Other materials include sand finish exterior plaster walls, cultured stone veneer, composite wood trellises, metal lattice plant panels, wrought iron wall decor over ceramic tile inlay accents, and decorative wall mounted light fixtures (Attachment 3 — sheet 3). The building entrance and exit will have aluminum roll -up grills that will be down when the car wash is closed. Architectural features include curved parapets and windows, decorative cornices and light fixtures, and the ceramic tile accents previously described. Plaster colors will be two shades of beige, with the trellises a redwood color and the stone veneer shades of light tan to brown (Attachment 4). 3 PAReports - PC\2009\4-14-09\SDP 2008-9095 LippichAppich rpt pc.doc The building is rectangular in shape with three deep popouts on the north side facing the vacuum area (Attachment 3 — sheet 2). These popouts house a restroom, a small office, and equipment and storage areas. Between and at the extreme ends of these popouts, trellises will be provided. Windows into the car wash are shown beneath two of the trellises. The south side of the building will look similar to the north, with the exception of the trellises and the fact that the popout areas extend 8" to one foot out. The height of the building is primarily 22 feet with the exception of the entry and exit areas which are lower at 17.5' high. The curved bronze colored polycarbonate roof runs the length of the 160 foot long building. No roof mounted equipment is proposed. Landscape Design: The applicant has submitted preliminary -level landscaping plans that identify the various trees, shrubs and groundcover proposed (Attachment 3 — sheet P1 .0). The tree palette includes 24" box size Willow and Sweet Acacias, 24" box size Palo Verde's, 24" box size dwarf Citrus, 36" box size African Sumacs, 15' high California Fan Palms and 36" box size Mediterranean Fan Palms. Shrubs are desert and other low water use plants in five and one gallon sizes. Groundcover consists of Lantana, Palm Springs Gold Fines gravel, 5-6' boulders and rock cubble. Adjacent to the car wash building opening a six foot high masonry wall is proposed on a portion of the south property line facing the approved shopping center and on the east property line facing the school yard. Trees are shown around the perimeter of the site, with a heavy concentration near the car wash tunnel exit near Washington Street for screening. Bougainvillea vines are shown on the building wall along the rear (south) side and on some of the trellises. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC) REVIEW AND ACTION The ALRC reviewed this request at their meeting of April 1, 2009. Staff recommended a number of standard conditions to the ALRC. The ALRC reviewed the plans and agreed with those staff recommended conditions. The ALRC discussed the colors used for the exterior of the building and said the colors could be more dynamic than the standard earth tones proposed. However, the ALRC did not include a recommendation to change the colors. They also noted that use of temporary banners should be closely reviewed and regulated. The ALRC did make recommendations regarding the proposed landscaping plan. Their action recommending approval of the project included the following additional conditions: 1. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 2. The two 36" box size Mediterranean Fan Palms shown in the two landscape fingers immediately north of the car wash building shall be changed to 15' bth (brown trunk height) Washingtonia Robusta. 4 P:\Reports - PC\2009\4-14-09\SDP 2008-9095 LippichUippich rpt pc.doc It should be noted that just prior to ALRC review the Public Works Department reviewed the site plan for circulation and function. As a result, the Public Works Department requested several minor changes to the site plan to ensure that the operation's vehicular circulation functions as safely and efficiently as possible. This subsequently required changes to the grading and landscaping plans. Those revisions were not reflected on the submitted plans reviewed by the ALRC. However, the changes were of a nature that did not substantially affect the ALRC's review and recommendations. The landscaping and grading plans have also been revised to reflect the new site plan. No specific revisions or conditions to the ALRC recommendation are needed to address the revised plans. The description of the project and exhibits in this report reflect the revised plans. PUBLIC NOTICE This map application was advertised in the Desert Sun newspaper on April 3, 2009. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, one e- mail correspondence regarding this application has been received from Michele Rose, a resident in the Desert Breezes subdivision located on the west side of Washington Street across from the project site in the City of Palm Desert. Ms. Rose expressed concern regarding potential impact from the operational noise generated by the carwash. A copy of this correspondence in attached as Attachment 5. PUBLIC AGENCY REVIEW All written correspondence received are on file with the Planning Department. All applicable agency comments have been made a part of the recommended Conditions of Approval for this case. ANALYSIS The General Plan land use designation and zoning designation of the project site are Community Commercial, which permits car washes with approval of a Conditional Use Permit. In this case the location of the car wash will have minimal impact on the surrounding uses. Commercial uses to the north and south will be compatible. The residential uses to the west in Palm Desert are separated by a wide heavily used street and will therefore, not be impacted. The school play yard located to the east is approximately eight feet lower which minimizes noise and other impacts. Additionally, a six foot high masonry wall is proposed in front of the car wash entry opening further increasing compatibility by buffering the impact of the carwash opening. Therefore, the use is acceptable in the location proposed. The height, massing, and scale of the building is appropriate for the location. The maximum height of 22' complies with the city's image corridor requirement. The project meets all of the dimensional requirements of Community Commercial zoning district. 5 PAReports - PC\2009\4-14-09\SDP 2008-9095 LippichAppich rpt pc.doc Except for the bronze colored polycarbonate roof, which is an unusual material for buildings in this area, the proposed southwest architectural style is essentially similar to many other buildings within the City. With regard to the elongated building, since the building's long side is orientated away from and set back from Washington Street, the visibility of the roof as well as the mass of the building is limited from Washington Street. In regard to a concern expressed by the ALRC about potentially significant heat gain within the building, since the building is open on both ends and is essentially unoccupied, excessive heat gain should not be a problem. The proposed building is provided with four sided architecture minimally providing depth and architectural detail around the building. Landscaping, especially on the north side of the building, helps break up the linear appearance of the building. The architecture of the recently approved Mayer project to the south is desert contemporary with flat roofs, square corners, numerous pop -outs and recesses along with stone veneer and metal work accents used to break up the smooth plaster walls. The exterior colors of the Mayer project include five shades of tan to brown plus a deep green. Its roof material will include standing seam metal in a clear anodized aluminum color. While not matching either the Mayer development's design style or that of the Tuscan designed office building to the north, the general southwest design of the carwash is consistent with the theme of many developments in the community and could be considered as an appropriate transitional design between the two adjacent styles. Whether this is acceptable, or if the architectural design should be adjusted to be more compatible with the adjacent Mayer development is an issue that the Planning Commission may wish to discuss. Such discussion could also include whether the impact of the exit opening's height can and should be reduced in some way, possibly by enclosing the arched portion of the opening in manner that retains the decorative function of the arch. The proposed conceptual landscaping plans are a desert -appropriate design and tree sizes are comparable to other commercial projects. Relatively dense tree planting along all of the perimeters minimizes visibility of the carwash structure from off -site. To ensure the proposed trees achieve their intended screening purpose in a timely manner, staff is recommending each of the trees located in the landscape areas adjacent to Washington Street have 2" caliper trunks at the time of planting. Furthermore, as previously noted the 6' high wall adjacent to the car wash tunnel entry minimizes visibility and noise to the school play ground. The applicant states that the water used for washing cars is recycled and subsequently reused. Specifics on how this is done have not been submitted. However, the applicant states the recycling system clarifier tank is equipped with an oil and sand separator, as required by the Coachella Valley Water District. Reuse of water is desirable and included as a condition of approval. With regard to the concern expressed by Ms. Rose about the operational noise of the carwash, it is unlikely, particularly during peak traffic hours, that the noise from the carwash will be significantly greater than that of traffic on Washington Street. 0 PAReports - PC\2009\4-14-09\SDP 2008-9095 UppichMippich rpt pc.doc However, based the applicant's requested operating hours, the carwash could be in operation up until 10:00pm and thus at a time the noise generated by Washington Street traffic is reduced. To address this issue, staff is recommending an additional six foot high masonry sound wall be installed in the south landscaping area along the exit drive from the carwash structure. The exact design, location and length of the wall are to be worked out with staff and shown on the final landscaping plans. STATEMENT OF MANDATORY FINDINGS Findings per Zoning Code Sections 9.210.010 F and 9.210.020 F, respectively, necessary to approve the Site Development Permit and Conditional Use Permit can be made and are contained in the attached resolutions. RECOMMENDATION 1. Adopt a resolution approving Conditional Use Permit 2008-112, subject to Conditions of Approval. 2. Adopt a resolution approving Site Development Permit 2008-905, subject to Conditions of Approval. Attachments: 1. Location Map 2. Composite aerial map showing project site and Mayer commercial complex 3. Development Plans 4. Color and Material Samples 5. E-mail received Prepared by: Stan Sawa Principal Planner 7 P:\Reports - PC\2009\4-14-09\SDP 2008-9095 LippichUippich rpt pc.doc PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN EXPRESS CAR WASH USE IN THE COMMUNITY COMMERCIAL ZONE LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO.: CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14`h day of April, 2009, hold a duly -noticed Public Hearing to consider the request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval of an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive more particularly described as: APN 609-070-047 WHEREAS, said Conditional Use Permit has been filed concurrently with a Site Development Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 3rd day of April, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of the Conditional Use Permit: 1. Conditional Use Permit 2008-112 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses including the car P:\reports-pc\2009\2-24-09\mayer villa Capri\sdp reso.doc I Planning Commission Resolution 2009- Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: wash use proposed herein. This commercial use will therefore help achieve the goals and permitted uses of the CC designation. 2. Conditional Use Permit 2008-112 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation with a Conditional Use Permit. The project's proposed use is consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2008-112 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. Approval of Conditional Use Permit 2008-112 will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the use is self contained in a building that has been designed to be compatible with the adjacent uses. Furthermore, it is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. 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 constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Conditional Use Permit 2008-112, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. 7 Planning Commission Resolution 2009- Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 14`h day of April, 2009, 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 10 PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2008-112 LESLIE LIPPICH ARCHITECT AND ASSOCIATES ADOPTED: GENERAL 1 . The use of the subject property for a car wash facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2008-1 12 and Site Development Permit 2008-905, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval of April 14, 2009, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer 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 project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. p\reports — pc\2009\4-14-09\1ippich\cup pc coa.doc 11 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR AN EXPRESS CAR WASH LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14" day of April, 2009, hold a duly -noticed Public Hearing to consider the request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval of development plans for an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive, more particularly described as: APN 609-070-047 WHEREAS, said Site Development Permit has been filed concurrently with a Conditional Use Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 3rd day of April, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 1s` day of April, 2009 reviewed the development plans associated with Site Development Permit 2008-905, and adopted a Minute Motion recommending approval to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval for the Site Development Permit: P:\reports-pc\2009\4-14-09\sdp 2008-905\sdp reso.doc 12 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: 1. Site Development Permit 2008-905 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial which permits, with a Conditional Use Permit which has been approved, and anticipates the use as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the Community Commercial designation. 2. Site Development Permit 2008-905 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2008-905 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. The architectural design of Site Development Permit 2008-905, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. 5. The site design of Site Development Permit 2008-905, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2008-905 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project design and landscaping will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 13 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: 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 constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2008-905, as referenced in the title of this Resolution, 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 City of La Quinta Planning Commission, held on this the 14t' day of April, 2009, 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 14 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit is valid for two years from April 14, 2009, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department Riverside Co. Environmental Health Department Desert Sands Unified School District M Coachella Valley Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) SunLine Transit Agency South Coast Air Quality Management District Coachella Valley 15 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO1"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 2 of 21 16 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB- CRB) Region Board Order No. 137-2008-001 . G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001 . H. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 5. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 17 Page 3 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: proposed development and shall make a good faith effort to acquire easements or other property rights for the adjacent project's deceleration lane transition curb reconstruction. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 7. The applicant shall offer for dedication or other development application all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Dedication of Right of Way and Landscape setbacks shall utilize contracts, approved by the City Attorney, for perpetual maintenance, as applicable. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Washington Street (Major Arterial, 120' ROW) — Per the General Plan, the standard 60 feet from the centerline of Washington for a total 120-foot ultimate developed right of way. 2. Deceleration Lane on Washington - An additional right of way dedication along the project measuring Sixty -Eight (68) feet east of the centerline of Washington Street per the Site Plan dated March 24, 2009. 3. Right of Way Extension along the Deceleration Lane Transition on Washington Street at the La Quinta Business Center (SDP No. 2004-814) - The applicant shall put forth a "good faith effort to attain Right of Way dedication from the adjacent property measuring Sixty -Eight (68) feet east of the centerline of Washington Street per the Site Plan dated March 24, 2009. 9. Right-of-way geometry for standard knuckles and property line corner cut -backs at P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 18 Page 4 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for turn lanes, bus turnouts, and other features contained in the approved construction plans. 11. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, and drainage basins. 13. Direct vehicular access to Washington Street shall be the access point identified on the Site Plan dated 03-24-09, or as otherwise conditioned in these conditions of approval. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 15. The applicant shall construct the following street improvements to conform with the General Plan A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Per the General Plan, the east curb face shall be located fifty one feet (511 east of the centerline, except at locations where additional street width is needed to accommodate: P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 5 of 21 19 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: a) Bus turnout (if required by Sunline Transit) b) A twelve foot (12') deceleration/right turn only lane at Washington Street Entry. The east curb face shall be located sixty feet (60') east of the centerline. The required deceleration lane shall be for the entire length of the project site. c) At the La Quinta Business Center, SDP No. 2004-814, reconstruct the deceleration lane transition curb to match the curb face found in the deceleration lane (60' east of centerline) as shown on Plan Set Number 06079 Sheet 2 of 5. All construction work on Washington Street shall be approved by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, at the entrance for pedestrian safety. b) Provide lighting sufficient for school zone and pedestrian safety along the ADA pathway. c) Eight (8) foot wide meandering sidewalk. d) Reconstruct and realign the sidewalk at The La Quinta Business Center (SDP No. 2004-814) caused by demolition from the proposed reconstruction and realignment of the curb along the deceleration lane transition per Site Plan dated March 24, 2009. e) If required, modify the half width of a fourteen foot (14') wide raised landscaped median along the entire boundary of the project as approved by the City Engineer. 16. The applicant shall construct all offsite improvements prior to Building Occupancy. 17. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 6 of 21 01 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 18. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 19. General access points and turning movements of traffic are limited to the following: Washington Street 1. Primary Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 21. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 22. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 7 of 21 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 23. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Site Plan dated 03-24-09, and these Conditions of Approval. 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 25. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 22 Page 8 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 27. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 28. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 29. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan (Optional) 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) E. F Off -Site Street Improvement/Storm Drain Plan/Meandering Sidewalk Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the sidewalk, mounding, and berming design in the combined parkway and landscape setback area. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 9 of 21 23 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: G. On -Site Precise Grading Plan 1 " = 30' Horizontal The Precise Grading plan shall include: Storm Drain/Underground Retention. NOTE: A through G shall be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. The Precise Grading Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 30. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 10 of 21 24 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 31. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 32. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings or equal according to Engineering Bulletin 09-01. IMPROVEMENT SECURITY AGREEMENTS 33. Prior to constructing any off -site improvements on Washington Street, the developer shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the offsite improvements required on Washington Street. 34. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 35. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct all off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 11 of 21 25 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 36. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements GRADING 37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 38. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 39. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 12 of 21 26 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 40. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 41. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 42. Building pad elevation shall not differ by more that one foot higher from the building pads in adjacent developments, or the applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. The pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 13 of 21 27 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: DRAINAGE 44. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site and adjacent tributary '/2 street area during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. The required volume of the underground retention system was estimated to be equal to 12,004 cubic feet per the Preliminary Hydrology and Drainage Report for La Quinta Hand Car Wash Commercial Site dated June 3, 2008 and Revised August 22, 2008. The vault design shall be approved by the City Engineer. 45. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 46. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 47. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 48. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 49. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 14 of 21 28 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: 51. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 53. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 54. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 55. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 56. The City will conduct final inspections of the habitable building only when the building has improved parking lot and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices and pavement markings. LANDSCAPE AND IRRIGATION 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). P:\reports-pc\2009\4-94-09\sdp2008-905 lippich\sdp coa.doc Page 15 of 21 IM Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 58. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 60. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 61. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 62. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 63. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 64. The two 36" box size Mediterranean Fan Palms shown in the two landscape fingers immediately north of the car wash building shall be changed to 15' bth Washingtonia Robusta. 65. All trees proposed in the landscape areas adjacent to Washington Street shall have a minimum trunk caliper of two inches measured at least 12 inches from the ground. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 30 Page 16 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 67. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 68. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 69. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 70. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 71. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code. FIRE MARSHAL 72. Provide or show there exists a water system capable of delivering a fire flow 8000 gallons per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 73. Approved accessible on -site super fire hydrants shall be located not to exceed 200 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 400 feet from a fire hydrant. Fire hydrants shall provide the required flow. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 31 Page 17 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 74. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 75. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 76. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 77. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 78. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus 79, Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 80. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 81. Street numbers shall be displayed in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 32 Page 18 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 82. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 83. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 84. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 85. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 86. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 California Building Code. 87. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 88. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 89. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 90. Roof Access room door if applicable shall be posted "Roof Access" on outside of P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 33 Page 19 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: door. 91. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 92. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2007 CIVIC 93. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. MISCELLANEOUS 94. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 95. Signage is not a part of this approval. All signs shall comply with the requirements of Zoning Code Chapter 9.160. 96. All parking areas shall be screened from view through the means of a landscaped berm, a three foot high decorative masonry wall, landscaped hedges or bushes with significant foliage, or a combination of all three methods. All screening shall be reviewed and approved by the Planning Director. 97. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 98. Design, color and finish of the proposed six (6) foot high sound wall shall be approved by the Planning Director prior to issuance of a building permit. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc 34 Page 20 of 21 Planning Commission Resolution 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: 99. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 100. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American monitor. Proof of retention of monitors shall be given to the City prior to issuance of the first earth - moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 101. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the project. 102 Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 103. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 104. A program and system for recycling of used car wash water shall be implemented and approved by the Planning Director. 105. A six foot high masonry sound wall shall be installed in the south landscaping area along the exit drive from the carwash structure. The exact design, location and length of the wall shall be worked out with staff and shown on the final landscaping plans. P:\reports-pc\2009\4-14-09\sdp2008-905 lippich\sdp coa.doc Page 21 of 21 35 r -- - - - - - - - - SITE CASE MAP cAsr= "o- SDP 2008-905 CUP 2008-112 ATTACHMENT 1 SCALE: RTH LIPPICH ' ]I NTS w_i:m � I ATTACHMENT 3 SEE LARGE PLANS W. Page IofI Stan Sawa ATTACHMENT 4 From: michele rose [mickeyrose8003@yahoo.com] Sent: Wednesday, April 01, 2009 9:26 AM To: Stan Sawa Subject: PROPOSED CAR WASH & Royal Palm development To Whom it May concern: I seriously object to the car wash being considered for this location. First, it's too close to residents, the noise, from the wash and the blow dry is loud, they are open 24 hr 7 days, so there would be no break from the distrubing noise. I just moved because of a car wash that came into our neighborhood, and distroyed our quality of life, by having to deal with the continual loud blowing, and the heavy machines spraying water. Self service is worse, they never close. We already have 2 car washes on Washington st., one self service at the Mobil station, and another car wash full services a short distance across from Walgreen on Washington st. HOW MANY CAR WASHES DO WE NEED. AT LEAST THOSE CAR WASHES ARE FAR AWAY FROM RESIDENTIAL AREAS. This entire development will bring more traffic, and noise to our community, what are they doing to mitigate the noise levels? are sound walls going up to protect Desert Breezes residents from the increased noise? Are there any plans for traffic signal, or any other protections to guard our quality of life. Many of us relocated to this area for it's beauty and peace. THIS IS NOT LOS ANGELES, SAN DIEGO, OR ANY OTHER BIG CITY. PLEASE DON'T DEVELOPE IT AS IF IT WERE. I HOPE THE ARCHITECTURE IS LOW, SO THAT WE DON'T LOSE OUR VIEW OF THE MOUNTAINS. A Very concerned Citizen Michele Rose 43518 Via Magellan Dr. Desert Breezes Palm Desert, Ca. 92211 323 206-2793 39 4/9/2009 Page 1 of 2 Stan Sawa From: David Sawyer Sent: Tuesday, April 14, 2009 4:52 PM To: Stan Sawa Subject: FW: 1685--SDP 2008-905 & CUP 2008 112--Car Wash Plans Stan, here is Marvin's email. This will need to be copied, distributed and read into the record at the public hearing tonight. David Sawyer Planning Manager City of La Quinta, California 760-777-7125 dsawver(o la-auinta.orq From: Roos, Mary [mailto:MRoos@msaconsultinginc.com] Sent: Tuesday, April 14, 2009 4:14 PM To: David Sawyer Cc: Tim Jonasson; Les Johnson; Ed Wimmer; De La Torre, Julian; RJ@mayercorp.com Subject: RE: 1685--SDP 2008-905 & CUP 2008 112--Car Wash Plans David: Having reviewed the proposed Conditions of Approval for the car wash adjacent to the Mayer Villa Capri project, I want to express a concern on behalf of the Robert Mayer Corporation over the proposed requirement for a deceleration lane for the car wash entry on Washington Street. The City of La Quinta requires a deceleration lane any time a project generates a minimum of 50 trips during a peak traffic hour. It is unlikely that a car wash as is being proposed would generate that sort of peak hour traffic. The staff did not require a traffic study thus no professional analysis was made on the topic. Staff has indicated that the applicant had suggested some type of deceleration lane even though the normal requirements could not be met. We are concerned that the condition, as written, would create an offset curb condition at our northern driveway. This offset could be confusing and possibly dangerous to motorists exiting that driveway and needing to accelerate and merge with northbound traffic. We would propose that the condition of approval state that the driveway curbs not be offset and that the deceleration transition start northerly of our approved entry. On a landscape note, the plan is not clear but does not appear to show any ground cover between the car wash and the property line. We would hope that the space would be covered with the decomposed granite and rockscape that is shown elsewhere on the plan and not left as bare earth Thanks for the consideration Marvin D. Roos, AICP Director of Design Development MSA Consulting, Inc. From: Roos, Mary Sent: Monday, April 13, 2009 5:43 PM To: 'Ed Wimmer' Cc: Tim Jonasson; 'Les Johnson' Subject: 1685--SDP 2008-905 & CUP 2008 112--Car Wash Plans Ed: thanks for the follow up voice mail that indicated that the deceleration lane being cited in Conditions 8.A.2 & 3 was dealing with the property to the north. I assume that the property to the north is the La Quinta Business Center (DDP No. 2004-814)? I'm a bit confused about which driveway access the decel lane is for (LQ Business Center?) and why the car wash folks have to dedicate "an additional right-of-way (dedication) along the project measuring Sixty -Eight (68) feet east of the centerline of Washington Street? It sounds like we're adding another lane, particularly since there isn't the normal language about a transition where the property adjoins the Mayer property. 4/14/2009 Page 2 of 2 Thanks, again, and it would appear that with your explanation that I won't have to attend the Commission meeting. Marvin D. Roos, AICP Director of Design Development MSAL CONSFUTING, INC. YLIINNING • CP 1Li?NCI\LUUNG • LAND SURVEYING 34200 BOB HOPE DRIVE RANCHO MIRAGE. CA 92270 760.320.9811 • FAX 760 323,7893 www MSACansuLnucI x.cam f�fRh, urn M4A in,y-^'n,i9«''"' .i I"7P✓A N,',xc �t.n-.UC, ti': r�. : , "Z rc.'! pi rt ••,� t'�.^ n r 1 n i) 1100 PH#C STAFF REPORT PLANNING COMMISSION DATE: APRIL 14, 2009 CASE NO: SIGN APPLICATION 2003-682 AMENDMENT #1 APPLICANT/ PROPERTY OWNER: WASHINGTON 1 1 1, LTD. REQUEST: CONSIDERATION OF A SIGN PROGRAM AMENDMENT TO INCLUDE REVISED MONUMENT SIGNS AND UNDER CANOPY BLADE SIGNS LOCATION: SOUTH OF HIGHWAY 111 BETWEEN WASHINGTON STREET AND ADAMS STREET ENVIRONMENTAL CONSIDERATION: ON -PREMISE SIGNS ARE CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTION 15311(a) GENERAL PLAN DESIGNATION: CR (REGIONAL COMMERCIAL) ZONING: RC (REGIONAL COMMERCIAL) SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL (CR) SOUTH: LOW DENSITY RESIDENTIAL (RL) / COMMUNITY COMMERCIAL (CC) EAST: REGIONAL COMMERCIAL (CR) WEST: LOW DENSITY RESIDENTIAL (RL) BACKGROUND: Building pads within the Washington Park retail center have been approved through multiple Site Development Permits in accord with the Washington Park Specific Plan (SP 87-011, Amendment No. 4). Existing major tenants of Washington Park include Target, Office Depot, Lowes, Cost Plus World Market, Trader Joe's, and Lumpy's. Major tenants are defined in the sign program as those businesses having square footage over 10,000 square feet. The most recently completed building pads are Shops 3, 4, and Sub -Major 5. A Site Development Permit to construct landscaping and a parking lot for Phase 4, located at the southwest corner of Washington Street and Avenue 47, was approved by the Planning Commission on February 26, 2008. The current Sign Program was approved by the Planning Commission on April 8, 2003 under Minute Motion 2003-007 (Attachment 1). PAReports - PC\2009\4-14-09\SA 03-682 AMD 1 \PC RPT SA 03-682 AMD 1.rtf 1 SIGN PROGRAM PROPOSAL: The applicant is requesting to amend the sign program for Washington Park (Attachment 2) by identifying new monument signs, permitting the use of under - canopy blade signs, increasing the maximum allowable square footage per frontage (but not the calculation method) for major tenants from 100 to 150 square feet, and updating the existing sign program with clearer text and graphics. The majority of the proposed sign program amendment is in accord with the existing sign program standards. No changes are proposed to the method and formula for calculating allowable sign area, mounting, materials, or design criteria. Modifications to the Building Signage Provisions Although the allowable sign area calculation method remains unchanged, the amended sign program would increase the maximum permissible sign allowance per frontage for a major tenant's individual sign from 100 to 150 square feet, and would increase the maximum aggregate allowable sign area from 150 to 200 square feet (Attachment 2, Pg.2). The permissible sign area allowance for Target remains unchanged at a maximum aggregate 275 square feet. Tenants located on end units having three sides with street or parking lot frontage are permitted in the amended sign program to have one sign on all three sides. This standard had previously been administratively applied to Pad 1 located on the corner of Highway 111 and Adams Street to accommodate Verizon, but will apply to all future building pads with a similar situation. Blade Signs The amended sign program proposes to permit each individual tenant one under - canopy or wall -projecting hanging blade sign (Attachment 2, Pg.10). Blade signs are required to consist of a three-dimensional double-faced logo limited to 3 foot 6 inches by 2 feet in size. Blade signs would only be permitted at storefront locations. Monument Signs The amended sign program proposes to replace all of the existing shopping center monument signs with a new and larger design, add two new monument signs along Washington Street, and adjust the location of an approved but unconstructed monument sign from a driveway along Adams Street to the southwest corner of Adams Street and Highway 111. All of the signs will consist of internally - illuminated routed acrylic lettering (pop -out lettering) on solid aluminum panels, supported by a fabricated aluminum cabinet. PAReports - PC\2009\4-14-09\SA 03-682 AMD 1\PC RPT SA 03-682 AMD 1.rtf 2 The proposed monument signs range in size from approximately 41 to 127 square feet, larger than the existing monument signs which range from 17.5 to 35.5 square feet in size. While the current monument signs identify up to three or four individual tenants, the proposed signs will permit up to seven individual tenants' identification. In addition, unlike the current ground -mounted monument signs, the proposed signs are elevated approximately two feet above the ground and are one to three feet higher than the existing monument signs. The Sign Ordinance defines a monument sign as "a freestanding sign mounted on a low -profile solid base or a fence, or a freestanding wall, as distinguished from support by poles." The code does not reference that monument signs be designed ground -flush. Sir -Plan fiA urrurrietti misting Approved Proposed Approximate o Location Monument :sign Face Monument Sign Face AS" 1-10 are Footage Square Footage A.1 Highway 111 and La 32.45 88 Quinta Center Drive A.2 Hwy 111 and 35.5 88 Simon Drive 8 1 Hwy 111 and Adams Street Not in Existing Program 127 CA Avenue 47 and La 28.7 44.5 Quinta Center Drive C 2 Washington Street 17.5 41 Driveway C.3 Washington Street Not in Existing Program 41 and Simon Drive C.4 Washington Street Not in Existing Program 41 and Avenue 47 ANALYSIS: The amended sign program seeks to add new and larger monument signs, increase the maximum permitted sign area, and permit tenant use of under -canopy blade signs. Staff has no objections to the inclusion of blade signs to the sign program. These signs are intended to be primarily visible by pedestrians and their size and location, as proposed, will not contribute to visual or aesthetic clutter. The proposed use of blade signs is compatible and consistent with other sign programs. The proposed increase in maximum aggregate sign area per building frontage from 100 to 150 square feet for major tenants would not exceed that of other sign programs in the Regional Commercial corridor. The total permitted aggregate sign area of all sides will be capped at 200 square feet. The proposed maximum P:\Reports - PC\2009\4-14-09\SA 03-682 AMD 1\PC RPT SA 03-682 AMD 1.rtf 3 permitted sign area of 150 feet per frontage would be substantially less than other existing "major tenants" such as Best Buy (425 square feet), Bed Bath and Beyond (250 square feet), and Sam's Club (566 square feet). As a result, findings can be made to support this increase. Approval of the sign program will result in larger than average monument signs and an increase in the number of monument signs located along Washington Street. The proposed V-shaped monument sign to be located at the corner of Adams Street and Highway 111 would be one of the largest approved monument signs on Highway 111. Per the City's Municipal Code, the maximum allowable sign area for a single monument sign is a maximum of 50 sq. ft. per sign and 100 sq. ft. aggregate for all monument signs. Per Section 9.160.090[E], Sign Adjustments, additional signs and sign area can be granted "to allow a sign that is compatible with other conforming signs in the vicinity." Staff conducted a review of similar sign programs within the Highway 111 corridor and found the average monument sign has a sign face area of 50 square feet. Sign size or area is defined in the code as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported. This sign face measurement method applies to all signs. 1 orriparable Shopping ionters Existing Monument Signs Face Area* (approximate face square feet, per side) 111 La Quinta (Stater Bros., Big 5, etc.) 50, 150 (oldest of these sign programs) Dune Palms (99 Cents, Smart and Final) 50 Jefferson Plaza (Home Depot) 49 Komar Desert Center (Costco, Bevmo) 50 Pavilions (Henry's, Best Buy) 20, 65 Sam's Club 45 Centre at La Quinta (Wal-Mart) 62 La Quinta Valley Plaza 50 Proposed Washington Park Monument Signs 88, 44.5, 41, 127 - 'Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported" (9. 160.030[E)). Sources: Existing approved Sign Programs. Because Washington Park has the most perimeter street frontage of any shopping center within the City, findings could be made that support permitting the shopping center two additional monument signs, due to the shopping center's layout. There are some existing and planned internal building pads, such as Shops 1 through 3, which are not adjacent to, or readily visible from, a public right-of-way. Section PAReports - PC\2009\4-14-09\SA 03-682 AMD 1 \PC RPT SA 03-682 AMD 1.rtf 4 9.160.090 of the Sign Ordinance permits adjustments and additions to Sign Programs "to overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location," or "due to an unusual lot shape, the street frontage is excessively narrow in proportion to the average width of the lot." Because the proposed monument signs along Highway 111 are larger than average, staff does not believe that findings can be made to support permitting larger monument signs along Highway 111. As a result, staff recommends that the applicant substitute the 88 square foot "A.1 and A.2" monument signs along Highway 111 with the 41 to 44 square foot "C.1 through C.4" monument signs located along Washington Street and Avenue 47. Although these staff - recommended monument signs are approximately a foot shorter and narrower in overall size than the existing monument signs along Highway 111 (Attachment 1, Exhibit C & E), they have approximately 10 square feet more sign face area than the existing monument signs. In addition, staff recommends the applicant reduce proposed monument sign "B.1," proposed at the corner of Adams and Highway 111, to a maximum of 65 square feet per face, in order to be consistent with the existing monument sign located across the street at the Pavilions shopping center. This opposite Pavilions monument sign is a double -sided 8'x18' size, supported by two stack -stone pillars and consisting of 65 square feet of sign face area. The proposed V-shaped Washington Park monument sign at this corner (Attachment 2, Pg.14) is 9'x19' and is also supported by stack -stone pillars, but has a greater sign face area of 127 square feet per face. FINDINGS: The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of the Sign Ordinance through their review of a Sign Program. The following findings can be made in support of Sign Application 2003-682 Amendment #1: Finding A - Sign Application 2003-682 Amendment #1, as recommended, is consistent with the purpose and intent of Chapter 9.160, in that sign standards contained within the sign program either comply with the general provisions of the sign code or have met the findings required in order to deviate from the sign standards as set forth in Chapter 9.160. Finding B - Sign Application 2003-682 Amendment #1, as recommended, is consistent with the previously approved Specific Plan 89-011 Amendment No.4, in that the design and placement of the signs is in accord with the design standards PAReports - PC\2009\4-14-09\SA 03-682 AMC) 1\PC RPT SA 03-682 AMD 1.rtf 5 and general layout identified in the Washington Park Specific Plan. Finding C - Sign Application 2003-682 Amendment #1, as recommended, is harmonious and consistent with all signs as proposed under the Sign Program, due to the common use of letter type and size, color and location of signs. Finding D - Sign Application 2003-682 Amendment #1, as recommended, is harmonious with and visually related to the subject buildings as the scale of the signs and letter sizes used accentuate the building design. Finding E - Sign Application 2003-682 Amendment #1, as recommended, is harmonious with and visually related to surrounding development, as it will not adversely affect surrounding land uses or obscure other adjacent conforming signs. Finding F- Sign Application 2003-682 Amendment #1, as recommended, is compatible with other conforming signs in the vicinity, specifically the size and height of similar wall and monument signs of other commercial shopping centers located on Highway 111 and Washington Street and within the Regional Commercial zoning district. RECOMMENDATION: Adopt a Minute Motion approving Sign Application 2003-682 Amendment #1 as submitted, subject to the following conditions: 1. Per Section 9.160.050, monument sign locations shall be located a minimum of five (5) feet outside of the public right-of-way. The final placement of all monument signs shall be reviewed by Public Works for conformance with traffic sight distance standards prior to issuance of a building permit. Exact monument sign locations shall be subject to issuance of a sign permit consistent with the Sign Program and the City's Zoning and Building Code requirements. 2. The applicant shall remove the proposed "A.1 and A.2" monument signs located along Highway 111 and replace them each with one of the "C.1 or C.2" designated monument signs to be located along Washington Street or Avenue 47. 3. Monument sign "B.1 " shall be reduced and redesigned to a maximum of 65 square feet per sign face, to be consistent in size with the Pavilions monument sign on the opposite corner. The final design of monument sign B.1 shall be reviewed and approved by the Planning Director with the sign permit application. PAReports - PC\2009\4-14-09\SA 03-682 AMD 1\PC RPT SA 03-682 AMD 1.rtf 6 4. Prior to the issuance of any sign permits, a final Sign Program (with text and graphics) shall be submitted to the Planning Department incorporating any amendments or conditions of approval by the Planning Commission. Prepared by: Andr J. Mogensen, AICP Pri al Planner Attachments: 1. Existing Sign Program 2. Proposed Sign Program P:\Reports - PC\2009\4-14-09\SA 03-682 AMD 1 \PC RPT SA 03-682 AMD 1.rtf 7 ATTACHMENT 1 Washington Park MASTER SIGN PROGRAM La Quinta, CA Prepared by: Pacific Neon Sign Company April 10, 2003 A_gnrpred 1cCg is r-ning Commtsslon :. 0 Ci?y Ccuncif 0 Community Dzv. DopL ;( Initials Case No. VA a16 —C.8'L— Exhibit -- 0 With Conditions avgr TABLE OF CONTENTS INTRODUCTION Purpose GENERAL INFORMATION Electric & Illumination Construction Installation/Removals Prohibited Signs Exceptions Designs/Submittals PROGRAM OVERVIEW - FREESTANDING SIGN Shopping Center Monument Shared Monuments PROGRAM OVERVIEW - TENANT SIGNS Major Tenants Minor Tenants Banners & Temporary Signs Window Graphics IV INTRODUCTION Purpose Washington Park Master Sign Program has been established to provide a professional sign and graphics program that is beneficial to The City of La Quinta, Washington Park tenants, and the public. In support of this objective, the following qualities were blended into the design and scope of work within this program: Creative and original designs Integration with project architecture High quality workmanship and materials This program can be divided into two general categories. First are the freestanding signs. These include: the Washington Park shopping center sign, and the Shared monument signs. The second category of signs, are the tenant signs, which serve to identify individual tenants and their services. The tenant signs consist of wall signs, including illuminated channel letter and logo signs. A diversity of lettering style and alternating use of color and sign type will be encouraged. Process Each tenant or lessee will be provided with a copy of the tenant sign guidelines and criteria as theirfirst step in obtaining signs within Washington Park. This criteria will be entitled "Washington Park Master Sign Program" and will be a part of the tenant lease agreement. Tenants will be required to comply with this criteria. All tenants are required to contact the City of La Quinta for all required permits before having any sign fabricated or installed. The City requires a permit for all signs prior to installation. Finally, the "General Information", section located at the beginning of this document spells out the conditions and general scope for both categories of Freestanding and Tenant signs. 10 H. GENERAL INFORMATION The following section outlines the acceptable scope of work, quality standards and materials for Washington Park. A. . Electrical and Illumination 1. All fabrication and installation shall comply with Underwriter's Laboratories requirements and specific state and local codes. All components shall bear the U.L. label indicating approval and be manufactured and installed by a U.L. certified shop. 2. All conductors, transformers, ballasts, and other equipment shall be concealed. 3. Primary electric service to all tenant signs shall be placed on tenant's electric service. Tenant will provide time clocks and photocells for use in conjunction with the electric service. 4. The illumination of all sign components shall be uniform in intensity over all of the illuminated surfaces. No noticeable hot spots or shadows will be allowed. 5. Illumination and electric specifications must appear on all shop drawings. 6. All glass housings, electrodes, tube supports, glass tubing, high voltage cable, led lighting components, and all miscellaneous components shall be of first quality industry standards and listed with Underwriter's Laboratories. B. Construction 1. All bolts, fastenings, clips, conduits, etc. shall be hot -dipped galvanized iron or equal. Where externally mounted, all items shall be painted to match the exterior color of the surfaces mounted thereon. n 11 II. GENERAL INFORMATION, cont 2. All manufacturers/installers are advised that prior to final acceptance, authorized representative of the landlord may inspect each sign for conformance. Any signs found not to be in conformance will be rejected and removed immediately or modified as needed by the tenant or tenant's contractor. 3. No substitutes will be accepted by the landlord whatsoever unless so indicated in specifications and approved by both the landlord (owner) and The City of La Quinta. Three sets of drawings are required prior to start of any work detailing all specifications and methods of construction and must be approved by the landlord. C. Installation / Removals All penetrations of any building structure required for sign installation shall be neatly sealed and continuously maintained in watertight condition. 2. All contractors for installation, removal or service must be fully licensed and must provide the landlord with certificate of insurance prior to commencing any work. 3. All methods of attachment to any structure must be detailed on drawings and be approved by the landlord (owner) and The City of La Quinta. 4. Sign removals shall include the patching and repairing of entire work area plus the repainting of any "ghosted" areas or as directed by the landlord. D. Prohibited Signs Conformance to the guidelines for signs at Washington Park will be strictly enforced. Any illegal non -conforming or unapproved signs are strictly forbidden. 2. Flashing, moving, animated, blinking, or audible effects are prohibited. 5 12 II. GENERAL INFORMATION, cont. 3. Any sign on a vehicle parked, which indicates its use is for the purpose of advertising a particular tenant, service or product is prohibited. 4. Signs that are movable or transportable. 5. Temporary signs other than those allowed by the sign ordinance of The City of La Quinta and as described in this Sign Program, are prohibited. In no case, shall any temporary banners or similar displays be attached or affixed to any permanent freestanding signs. E. Exceptions 1. Any changes from the Master Sign Program must be submitted to the landlord (owner) and The City of La Quinta for review and approval. 2. All applications for exceptions must be accompanied by color renderings, samples, shop drawings, and will be subject to a modification of the Master Sign Program process. F. Designs / Submittals It is expected that professional designers will prepare artwork for all tenants and that such artwork will include scaled schematic drawings and specifications. 2. Submittals will be made to the landlord (owner) and to The City of La Quinta for approval before any such work may begin. Work started without approval will be considered non -conforming and will be subject to immediate removal. 13 Ill. PROGRAM OVERVIEW - FREESTANDING SIGNS This section describes in general terms the freestanding signs. For graphic representation and details see "Exhibits" section. No additional freestanding signs shall be allowed. A: Shopping Center Monument 1. Purpose: The Shopping Center Monument sign is designed to help landmark the Center and major drive entry along Washington St. 2. Description: There will be one internally illuminated Shopping Center Monument, which will be located on the north west side of the primary Center entrance from Washington Street. 3. The Shopping Center Monument is to be 4' 10" high with a 2' high X 12' wide face area. Copy to read Washington Park. B: Shared Monument signs Purpose: The Shared Monument signs are designed to help landmark the project, and anchor tenants. 2. Description: There will be four internally illuminated pad monuments, The structure will have internally illuminated panels, with routed aluminum background and acrylic graphics. 3. The Pad monument is to be 8' high, with a 4' 2" high X 12' wide tenant face area. Excluding Target and Lowes, tenant letter size on the sign(s) shall be no more than 16" in height. No more than three tenants are to be identified on each sign, except the pad monument east of La Quinta Center Drive in front of Target shall have no more than four tenants and the pad monument west of Lowes between Lowes and Simon Drive shall have no more than four tenants. The property owner is to determine which tenants shall be represented on these signs. 14 IV. PROGRAM OVERVIEW - TENANT SIGNS A. Major Tenants Major tenants constitute the primary anchor stores located within Washington Park, with building area greater than or equal to 10,000 square feet. The following information will describe the sign program particular to the major tenants. This shall be applicable to major tenants with building area greater than or equal to 10,000 square feet only in the buildings identified on the site plan attached in the Exhibit. All other tenants shall be designated minor and pad tenants as defined below. 1. The major tenant signs shall be internally illuminated individual channel letters, which shall conform to the standard described in the "General Information" section of this document. Letters are to be fabricated with aluminum returns and backs, 3/16" acrylic faces, and 3/4" trimcap or similar size aluminum retainer. 2. Excluding Target, individual sign size allowance is limited to 1 square foot of sign area per lineal foot of primary building frontage up to a maximum of 100 square feet of total sign area per tenant. No single tenant's aggregate sign areas shall exceed a maximum of 150 square feet of total sign area, if multiple signs are allowed. Irrespective of the maximum areas specified in this subparagraph 2 that are a part of this sign program approved by the City of La Quints, individual tenant signs and aggregate sign areas are subject to subjective approval by Landlord that may be less than those allowed within this sign program. 3. Target shall be allowed a total aggregate sign area of no greater than 275 square feet. 4. The use of corporate logos, trade styles and colors shall be in conformance with the City of La Quinta sign ordinance. 5. Sign area is to be calculated per the City of La Quinta sign ordinance. 6. Major tenants with a building area greater than or equal to 10,000 square feet that are located at the corner of Washington Street and Ave 47 and HWY 111 and Adams Street will be allowed to have three building mounted signs, with an aggregate total not to exceed 50 square feet. 15 IV. PROGRAM OVERVIEW - TENANT SIGNS, cont. B: Minor and Pad Tenants The minor and pad tenant signs shall be internally illuminated channel letters, which shall conform to the standard described in the "General Information" section of this document. Letters are to be fabricated with aluminum returns and backs, 3/16" acrylic faces, and 3/4" trim cap or similar size aluminum retainer. 2. The use of corporate logos, trade styles and colors shall be in conformance with the City of La Quinta sign ordinance. 3. Tenants that do not have an established sign program will be encouraged to consult professional design firms in order to develop a sign program that meets the goals stated in this document. 4. The signs shall be sized to appropriately match the scale of the secondary tenant's building walls/fascia. Sign size allowance is 1 square foot of sign area per lineal foot of primary building frontage. The letter height shall be limited to 24" letters. 5. Sign area is to be calculated per the City of La Quinta sign ordinance. 6. It is intended that the tenant identification signs be implemented using imaginative and varied designs that are appropriate to the sign area allowed for each individual tenant. 16 IV. PROGRAM OVERVIEW - TENANT SIGNS C: Banners & Temporary signs Grand Opening banner type signs will be allowed for all tenants. Banners are to be in accordance with provisions of the City of La Quinta sign ordinance, regarding temporary signs and banners. 2. Banners are not to be affixed in a permanent manner to any building face or structure. Repairs due to damage caused to buildings or structures by temporary banners will be the responsibility of the tenant. 3. Seasonal d6cor is to be allowed as approved by the property owner, and shall have a consistent theme throughout Washington Park. In no case shall individual tenant seasonal d6cor intrude on common areas, without express written approval of the landlord (owner). D. Window Graphics It is intended that the window graphics assist the shopper in an informative and readable manner, but not clutter the doors and/or windows on which they are displayed. Tenant may display on either the entry door or adjoining window, but not on both, the following: Honored Credit Card Decals (maximum of three (3)) Company Name and/or Logo (limited to 6" x 10" area) Three (3) Lines of Copy (limited to product or service description, business hours and address). 2. Neon window signs shall comply with U.L. standards and will be permitted only with landlord approval. 3. Rear entry signs shall be upper case helvetica medium type -style numerals and/or letters. Materials will be Scotchcal Vinyl or equal, color to be white. Letter height shall be 3" and centered horizontally. Copy will be limited to tenant name and address. Top of sign will be to 17 6' from grade. V. SIGN APPROVAL Building mounted and monument signs shall be approved by the City of La Quinta Community Development Director. 11 w EXHIBIT 12 fire & )) \\) !jf ;[ ! - 7!}« } / \)0 ) ) if ) J G w } ) : m \ \ \ \ } .. . 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CIO Fred Baker 78-495 Calle Tampico La Quinta, CA 92253 Subject: Washington Park — Pad I Building Signage Sizes Mr. Baker, 760-775-7967 PHONE Per our conversation on Monday November 7, 2005, Washington 111, LTD understands the following to be acceptable to the City of La Quinta: 760.775-8329 FAX Suites 3, 4, 5, 6, 7 and 8 are allowed one sign on the front elevation and a second sign on the rear elevation of the building. The size of each sign is based on 1 square foot of signage per linear foot of frontage on the elevation it is on. This will allow each tenant to have two signs of equal size if so desired by the tenant. Suites 1, Z and 9 are allowed one sign on the front elevation and a second sign on the rear elevation of the building. Each sign size is limited to one square foot of signage per linear foot of frontage on the elevation it is on. In no event shall the aggregate of both the front and rear signs exceed 50 square feet. Suites I and 9 are allowed to have signage on the side elevations of the building. All other signage requirements and guidelines must be per the Washington Park Master Sign Program approved on April, 8, 2003. I have attached a copy of the Pad I building for reference. Call me should you have any questions. 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O ° L O a 0 c c c -o ._ c-M 0 a �rcE HO o�O vo p`�O m ° O E m•E m E E m u+m._>oQm= acq Za Q. ZM2 r� moan. e � ,SSla 4 a z h H W Z cO G u /azz z d �$> E= { A .� s :i II— E o 3j zRa ki 9 wal ' os Ss e�—ds" c �EE�a daft.'C v infOR" s u z 0 H F� z LU G z O ECI v v r v Z 0 H H Z W i Z 0 ' LE t Cd r _ � I > O E� 1 a o a; =W III I.Z cE r 1.0.0 { r" 3 s WW31 m riC o�S 17 I Q m y< �imSct sosao � grmdm f� s IN zi PH#D PLANNING COMMISSION STAFF REPORT DATE: APRIL 14, 2009 CASE NO.: ZONING ORDINANCE AMENDMENT 2009-097 APPLICANT: CITY OF LA QUINTA REQUEST: CONSIDERATION OF THE FOLLOWING AMENDMENTS TO THE LA QUINTA MUNICIPAL CODE: 1.) TO RESTRICT THE PLACEMENT AND MAXIMUM TIME PEROID OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); 2.) TO REVISE TABLE 9-17, TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). LOCATION: CITY WIDE GENERAL PLAN/ ZONING DESIGNATIONS: NOT APPLICABLE ENVIRONMENTAL DETERMINATION: THE PLANNING DEPARTMENT REVIEWED THE ZONING TEXT AMENDMENTS UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS DETERMINED THAT THE AMENDMENTS ARE EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES. BACKGROUND: The City Council has raised concern with the placement of permitted temporary signs, including event signs, directional signs and political signs, within the City's public right-of-way. Councilman Kirk raised concerns over the aesthetic impacts and safety concerns associated with sign placement within the public right-of-way. The issue has been reviewed by City Council during their meetings on February 5, 2008, May 20, 2008, June 17, 2008, and July 15, 2008. At the July 15, 2008, meeting, the City Council directed Staff to review and amend the municipal code with regards to temporary sign placement, the maximum time period for sign placement, and procedures for sign removal. 1 PROPOSAL: The Zoning Code amendments proposed apply solely to the sign provisions contained within Section 9.160 of the Zoning Code. The proposed amendments include changes to prohibit sign placement within the public right-of-way, to reduce the maximum time period for signs from sixty (60) days to forty-five (45), and to eliminate sign size restrictions for exempt directional and informational signs for public, quasi -public, and non -profits. Code Changes Exempt Signs §9.160.020 (Zoning Exhibit A) Table 9-17 provides sign type, location, and maximum size standards for exempt signs. Exempt signs are considered minor, temporary and incidental, and therefore exempt from obtaining a sign permit with the Planning Department. Table 9-17 contains nineteen (19) sign exemptions. The exemptions apply to home and business placards, temporary "For Sale" and "Lease" signs, holiday signs and displays, directional and warning signs, etc. Item 15 of the table provides a sign exemption for directional and information signs for public, quasi -public, and non-profit signs along the public right-of-way. The current sign provision limits sign height to a maximum of six (6) feet and limits the maximum sign area to six (6) square feet. In order to provide additional sign opportunities and additional review of sign proposals for large community events the Planning Department seeks to remove the maximum sign height of six (6) feet and to remove the maximum sign area of six (6) square feet for signs listed in item 15 of this section. The proposed changes would allow the Planning Director and Public Works Director additional discretion and flexibility in reviewing signs for events hosted/promoted by public, quasi -public and non-profit groups. Permitted Temporary Signs §9.160.060 (Zoning Exhibit B) Part F of Section 9.160.060 identifies placement restrictions for permitted temporary signs. Signs which are considered permitted temporary include garage sale, seasonal sales signs, and political signs. Sign placement along public streets is restricted to a minimum setback of five (5) feet measured from edge of pavement. Event signs and election signs are currently placed within the center median of the public right-of-ways, which does not meet the intent of the sign setback. Signs placed within the center median create a visual hazard for drivers, negative aesthetic impact to landscape medians and shoulders, and pose a danger to anyone wanting to place or remove a sign from the center median. The proposed code amendments would prohibit temporary signs from being placed within the public 2 right-of-way, and would limit the maximum time period for sign placement from sixty (60) days to forty-five (45) days. ANALYSIS: The purpose of this code update is to prohibit placement of temporary signs within the City's public right-of-way and to allow additional discretion and flexibility to staff in reviewing directional and informational signs for public, quasi -public, and non-profit organizations. The code update has come at the request of the City Council as concerns have been raised regarding the aesthetic impact of election and event sign placement within the center medians. Signs located within the center median of public right-of-ways create a visual impediment to drivers, create a potential safety hazard to those placing and removing the signs, and can be an aesthetic nuisance to the landscape median. Prohibiting such signs from being placed in the public right-of-way may limit visibility and exposure of these signs, especially in areas with gated communities where many Homeowner Associations (HOA) prohibit temporary signs. Amending the exemption section of sign code will allow greater flexibility and control for approval of such signs by the Planning and Public Works Directors. The code amendment only applies to exempt signs which are for public, quasi -public, and non-profit uses, such as the Bob Hope Chrysler Classic and the La Quinta Arts Festival. The amendments maintain the requirement for these signs to be reviewed and approved by the Planning and Public Works Director; however, the amendment allows additional discretion to the directors in reviewing the maximum number and maximum size of signs within exemption #15. The current maximum posting period for permitted temporary signs is sixty (60) days. The code amendment will reduce the maximum time length from sixty (60) days to forty-five (45). The reduction in the number of days is likely to have nominal impact overall, with the greatest impact expected to be on those who vote by mail potentially before the majority of signs are installed. However, the amendment will encourage such signs being placed closer to the actual event. CEQA: The approval of the Zoning Ordinance Amendments has been determined to be exempt from the California Environmental Quality Act (CEQA). The activity of amending the sign ordinance is covered by the general rule that CEQA only applies to projects which the potential for causing a significant effect on the environment. Future projects that may be affected by changes to the ordinance would be 3 reviewed under CEQA individually, and would have their impacts addressed under CEQA. Public Notice: This request was published in the Desert Sun newspaper on April 4, 2009. To date, no letters have been received. A copy of this request has been sent to all applicable public agencies and City Departments. Any comments from public agencies have been included in the recommended conditions of approval. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the Zoning Ordinance amendments can be made and are contained in the attached Resolution. RECOMMENDATION: 1. Adopt Planning Commission Resolution recommending approval of Zoning Code Amendment 2009-097 to the City Council. Prepared by: L. I� Eric Ceja Assistant Planner Attachments: 1. Exhibit A (Section 9.160.020) 2. Exhibit B (Section 9.160.060) 2 EXHIBIT A 9.160.020 Exempt signs. A. Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of. (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted herein below. Table 9-17 Exempt Signs Not Requiring a Sign Permit* Sign Type Placement Maximum Illumination Area 1. Official notices issued by any court or n/a n/a n/a public body or officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or Building- 1 sq. ft. Required identification signs mounted aggregate 3. Signs located in the interior of any n/a n/a Yes building or enclosed outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows or dates of Building- 3 sq. ft. No erection cut into the surface of a wall or mounted or pedestal or projecting not more than two freestanding inches S. Directional, warning or informational n/a n/a Yes signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Incidental accessory signs and placards Window or 3 sq. ft. No (e.g., open/closed signs, six signs building- aggregate maximum per premises) mounted 7. Temporary decorations clearly incidental n/a n/a Yes and customary and commonly associated with any national, local or religious holiday, provided such signs are erected no earlier than forty-five days from the applicable holiday and removed within twenty-one days after the applicable holiday. 8. Sculptures, fountains, mosaics and design n/a n/a Yes features which do not incorporate advertising or premise identification 9. Property signs (e.g., "No Trespassing," Building- 3 sq. ft. Yes "No Parking," etc.), mounted or informational/directional signs (e.g., freestanding "Restrooms," "Exit," etc.) and warning signs (e.g., "High Voltage") 10. Vehicular directional signs used to Building- 3 sq. ft. Yes identify street entrances and exits, mounted or maximum three feet if freestanding freestanding 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ ft/ No 13. Within commercial districts, chalkboards Building- 3 sq. ft. Indirect only or small placards (e.g., restaurant menu mounted boards) * In this table: "n/a" means not applicable or no restriction "Building -mounted" means signs mounted flush -to -wall only Table 9-17 Exempt Signs Not Re iring a Sign Permit (Continued) Maximum Sign Type Placement Area Illumination 14. Vending machine signs and automatic n/A n/a Yes teller signs 15. Directional and nonprofit public Freestanding No information signs for public, quasi - public, and nonprofit uses on public or n/a private property, adjacent to an Arterial thoroughfare. Number, shape, location and height of signs shall be approved by the director of community development and public works 16. Within commercial zones, temporary Window- No one No information window signs fronting on a mounted window street, parking lot or common on -site sign shall area, not covering more than 25% of the exceed 4' area of the window(s) within which they high or 8' are placed for a period not to exceed 14 long (32 sq. days nor more than 6 times per calendar ft.) year. No more than 3 signs per elevation with windows may be installed at any one time 17. Within residential zones, temporary Building- 7 sq. ft. No decorative flags clearly incidental which mounted may or may not be associated with any national, local or religious holiday 18. Temporary for sale, lease, open house, Freestanding 6 sq. ft., 4 No or rent signs located on the subject feet high. property. One sign per street frontage. Aggregate not to exceed 12 sq. ft. 19. Temporary for sale, lease, open house, Freestanding 12 sq. ft. 6 No or rent signs located on commercial/ten ft high. acre residential parcels in one Aggregate ownership. One sign per street frontage not to exceed 24 sq. ft. Signs in residential districts requiring a See Section 9.160.040 permit Signs in nonresidential districts requiring a See Section 9.160.050 permit Temporary and semipermanent signs See Sections 9.160.060 and 9.160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text or design change is made. (Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996) EXHIBIT B 9.160.060 Permitted temporary signs. A. Definition. "Temporary sign" means any nonilluminated sign which may require a sign permit and which is intended to be posted for a maximum of sixty= forty-five (451 days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than ei*ty forty-five (45) consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty. F. Placement Restrictions. Temporary signs shall not be posted within the public right-of-way, or on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs or traffic signs or signals. Temporary signs shall not be posted within the public right-of-way and shall not be Located ;mod--aa closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than two hundred feet apart f%)M identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the community development department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign petmit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the community development department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the community development department's receipt of a temporary sign permit application, the community development director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall gi}ie written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefore, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefore fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed thirty days. The signs shall be nonilluminated and its size shall not exceed thirty-two square feet. (Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996) 10 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2009-097, 1.) TO RESTRICT PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY AND TO REDUCE THE MAXIMUM TIME PEROID FOR SIGN POSTING FROM SIXTY (60) DAYS TO FORTY-FIVE (45) DAYS (9.160.060);AND 2.) TO REVISE TABLE 9-17 TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). CASE NO.: ZONING ORDINANCE AMENDMENT 2009-097 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 141h of April, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to restrict the placement of permitted temporary signs within the public right-of-way, and to revised table 9-17 "Exempt Signs" for the removal of maximum sign height and maximum sign area; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on April 4, 2009, as prescribed by the Municipal Code; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Ordinance Amendment: 1. The proposed Zoning Ordinance Amendment is consistent with the General Plan, insofar as it implements existing City policies that are in conformance with those in the General Plan; removes inconsistent, conflicting, and incompatible portions of text; and allows for continued high aesthetic quality of public right-of-ways in the City. Because the amendments are corrections, clarifications, or minor revisions to the current policies and interpretations, 11 Planning Commission Resolution 2009- Zoning Ordinance Amendment 2009-097 April 14, 2009 the code amendment is consistent with the goals, objectives and policies of the General Plan. 2. Approval of the Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. 3. The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes to the Municipal Code will have no effect on the environment. 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 constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2009-097 as set forth in attached Exhibits A through C to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 14`h day of April, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: 12 Planning Commission Resolution 2009- Zoning Ordinance Amendment 2009-097 April 14, 2009 LES JOHNSON, Planning Director City of La Quinta 13 VII. CORRESPONDENCE AND WRITTEN MATERIAL Planning Commission Attendance Tracking July 2008 - March 2009 Ed Alderson Katie Barrows Robert Wilkinson Paul Quill Mark Weber 07/08/08 Present Present Present Present Present 07/22/08 Present Present Present Present Present 08/12/08 No Meeting No Meeting No Meeting No Meeting No Meeting 08/26/08 Present Present Present Present Present 09/09/08 Present Present Present Present Present 09/23/08 Present Present Present Present Present 10/14/08 Present Present Present Present Present 10/28/08 Present Present Present Present Present 11/12/08 Present Present Present Present Present 11/25/08 Present Present Present Present Present 12/09/08 Present Present Present Present Present 12/23/08 No MeetingNo MeetingNo MeetingNo Meetin No Meetin 01/13/09 Present Present Absent Present Present 01/27/09 Present Present Present Present Present 02/10/09 No MeetingNo MeetingNo MeetingNo MeetingNo Meetin 02/24/09 Present Present Present Present Present 03/10/09 Present Present Present Present Present 03/24/09 Present Present Present I Present Present