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PCRES 2005-038PLANNING COMMISSION RESOLUTION 2005-038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TENT ON THE "EVENTS LAWN" IN OLD TOWN LA QUINTA FOR PLAY PRODUCTIONS AND SPECIAL EVENTS CASE NO.: CONDITIONAL USE PERMIT 2005-093 APPLICANT: LA QUINTA PLAYHOUSE, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13`h day of September, 2005, hold a duly noticed Public Hearing to consider the request of La Quinta Playhouse, LLC for a Conditional Use Permit to allow the a tent in Old Town La Quinta to hold play productions and special events; and, WHEREAS, said Conditional Use Permit has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Conditional Use Permit is exempt from CEQA review under Guidelines Section 15304 (Class 4); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Conditional Use Permit: A. The public roadways surrounding the event areas are capable of handling the anticipated traffic volumes generated from this event. No significant effects are anticipated which would be detrimental to the health, safety and public welfare of the community. B. This event is categorically exempt from environmental review under the California Environmental Quality Act (CEQA), under CEQA Guidelines, Section 15304(e). C. Temporary facilities such as parking, restrooms, security, lighting, seating, fire and medical services, etc., will be provided and/or required to accommodate volunteers, employees, and event guests. D. The required conditions will ensure that tenants and residents within the surrounding area will not be adversely affected by this event. P:\Reports - PC\2005\9-13-05\PLAYHOUSE\CUP 2005-093 PC Resolution.doc Planning Commission Resolution 2005-038 Conditional Use Permit 2005-093 La Quinta Playhouse, LLC September 13, 2005 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 2005-093 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 13" day of September, 2005 by the following vote, to wit: AYES: Commissioners Alderson, Daniels, and Quill NOES: None ABSENT: Commissioner Ladner and Chairman Kirk ABSTAIN: None PAUL QUILL, Vice Chairman City of La Quinta California ATTEST: DOUG AS .EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2005-038 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2005-093 LA QUINTA PLAYHOUSE, LLC SEPTEMBER 13, 2005 GENERAL 1. By holding this outdoor event, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta, its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all provisions of the La Quinta Municipal Code (LQMC). 3. Permits for any temporary structures (e.g. tents exceeding 200 square feet and/or canopies exceeding 400 square feet), stages or open flame devices shall be obtained prior to their installation. Prior to the event set-up, please contact the La Quinta Building & Safety Department and Riverside County Fire Safety (863-8886) for any additional requirements of the Fire Marshal. Fire lanes shall be established and/or maintained during the event. 4. The La Quinta Playhouse shall contract with the Riverside County Fire Department for provision of services necessary to insure public safety, as determined by their agency through such contractual arrangements. All such contractual arrangements shall include coverage for all City properties used in conjunction with this event. For any additional requirements, please contact Riverside County Fire Safety at 863-8886. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. A copy of the Fire Department contract or letter stating no contractual obligations are necessary shall be provided to the Community. Development Department staff seven days prior to the first scheduled activity. 5. Any and all private security personnel contracted for these events shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid Private Security license. PLANNING COMMISSION RESOLUTION 2005-038 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2005-093 LA QUINTA PLAYHOUSE, LLC SEPTEMBER 13, 2005 PARKING/CIRCULATION 6. No on -street public parking outside the event area may be utilized for valet parking services. All on -street public parking areas shall remain available for public use. 7. The applicant proposes temporary parking on the lawn area of the southeast corner of Calle Tampico and Avenida Bermudas. Direct ' access to Calle Tampico and Avenida Bermudas is restricted. Access shall be at the single driveway off of the parking lot. 8. The applicant is advised that due to the ongoing Downtown Parking Lot Improvements project, parking at the facility between Avenida Navarro and Avenida Bermudas north of Avenida Montezuma may not be available for these events. 9. Roadways/traffic aisles to structures and activities in and around the event will be maintained accessible to emergency vehicles at all times. Parking monitors shall wear light-colored clothing and reflective vests as needed. Flash lights shall be used after dusk. 10. The applicant shall be required to provide a fire lane of at least 20 feet in width for emergency vehicle access on Avenida La Fonda and all other City streets, or as required by the Fire Marshal (refer to Condition 4), and post No Parking signs to keep designated fire lanes clear during event hours. Posting of advance notification signs of said restriction at least 48 hours prior to the event is required by the City Engineer. SIGNS 11. The following signs are approved for these events: A. Painted Marquee: A 4' x 10' solid wood board attached to two 2' x 4's ground anchored behind the tent, facing Calle Tampico. The sign shall include the theater name, season listings and dates, and the box office phone number. B. Theater Banner: Shall be a 3' x 8' professionally printed canvas sign affixed to front of tent. PLANNING COMMISSION RESOLUTION 2005-038 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2005-093 LA QUINTA PLAYHOUSE, LLC SEPTEMBER 13, 2005 C. Box Office Sign: The 24" x 36" printed foam core board sign shall be set on an easel. The sign shall be displayed at the -front of the theater when the box office is open. The box office will be open during "Street Affaires", "Art Under the Umbrellas", and before each show. Any additional signs for these events require a separate sign permit 12. The applicant shall obtain encroachment permit(s) as may be required for any proposed off -site directional signs placed in the City's right of way. Additionally, the applicant shall obtain permits for any traffic controls placed in the City's right of way. Please contact Mr. Hector Guzman at 760-777-7046 for encroachment permit requirements. All required measures shall be implemented by the applicant at no cost to the City of La Quinta. 13. If the applicant proposes to place signs in City street rights of way, the signs shall conform with Section 9.160 of the La Quinta Municipal Code (the Sign Ordinance) and the following: A. Signs shall be mounted on wooden posts no larger than 2" x 2"; B. Shall not interfere with the visibility of traffic control signs; and C. Shall not be placed closer than 100 feet from intersections. MAINTENANCE 14. Portable generators shall be shielded to prevent accidental contact with guests. Extension cords shall be ground -secured to prevent tripping. Any lighting shall be directed away from surrounding residential properties. No spot or searchlights are permitted. 15. Obtain a building permit for temporary electric service and any other required items (e.g. bleacher, portable generators, etc.). Contact the Building and Safety Department at 760-777-7012 for permit requirements. 16. All temporary electrical wiring shall be secured to prevent physical hazards to the public and participants. Wiring/cords shall not be subjected to environmental or physical damage. 17. All lighting for the events shall be turned off within 30 minutes of the conclusion of the events. PLANNING COMMISSION RESOLUTION 2005-038 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2005-093 LA QUINTA PLAYHOUSE, LLC SEPTEMBER 13, 2005 18. An adequate number of portable restroom facilities shall be provided, to accommodate participants and guests. ADA-compliant_.portable restrooms shall be provided as required by the Building and Safety Department. 19, If any ground excavations are required, please contact Underground Service Alert (USA) at 1-800-227-2600 or 1-800-422-4133. This service is free of charge provided USA is given two days notice prior to commencement of work. 20. All landscaped areas shall be fully maintained and irrigated while the tent is established. Temporary measures, which may include re-routing existing turf irrigation may be required. 21. Temporary trash receptacles and recycling containers shall be provided in and around the event areas. All event areas shall be left free of debris at the end of each day's activities, and after the events conclude. Contact Deborah McGarrey at Waste Management, 760-340-2113. MISCELLANEOUS 22. Applicant shall provide the City with 20 copies of a contact person information sheet, listing all designated event liaisons and their contact information. Specifically, event management staff shall be identified, with their respective 24-hour contact phone numbers. 23. Certain areas providing access to the event area are public and, as such, general public access may not be denied or restricted in any manner that extends beyond the limits of this event as approved. 24. The tent shall be removed on or before March 29, 2006. 25. The applicant shall comply with all insurance requirements contained in the Contract for Services (Section 5.0 — Insurance Indemnification and Bonds). 26. A separate temporary use permit shall be required for each merchant special event. A maximum of ten such events are allowed. Temporary use permits applications shall be submitted to the Community Development Department 30-days in advance of each event.