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PCRES 2008-029PLANNING COMMISSION RESOLUTION 2008-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING AN OUTDOOR CERTIFIED FARMERS MARKET TO OPERATE ALONG MAIN STREET AT OLD TOWN LA QUINTA FROM NOVEMBER 9, 2008 - MAY 17, 2009 CASE NO.: CONDITIONAL USE PERMIT 2008-115 APPLICANT: PALM SPRINGS CULTURAL CENTER WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14" day of October 2008, hold a duly noticed Public Hearing to consider a request by Palm Springs Cultural Center to allow the operation of a certified farmers market from October - May, contained within the Old Town La Quinta shopping center at 78-100 Main Street, more particularly described as follows: APN: 770-123-013 WHEREAS, said Conditional Use Permit has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Conditional Use Permit is exempt from CEQA review under Guidelines Section 15304 (Class 4); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.100.140 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed temporary use is consistent with all General Plan policies and goals. 2. Consistency with the Zoning Code: The proposed temporary use is consistent with the development standards outlined in Section 9.100.100 (Produce and Flower Stands), Section 9.100.110 (Outdoor Vendors), Section 9.100.120 (Outdoor Storage and Display, Section 9.100.130 (Sidewalk Sales and Commercial Events), Section 9.100.140 (Temporary Outdoor Events) of the Zoning Code because the event is temporary in nature. Planning Commission Resolution 2008-029 Conditional Use Permit 2008-115; Palm Springs Cultural Center October 14, 2008 3. Compliance with CEQA: The proposed temporary use is in compliance with CEQA in that the project is exempt under CEQA Guidelines Section 15304 (Class 4) of the CEQA statutes. 4. Surrounding Uses: Approval of the Conditional Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that the event is located within the boundaries of the Old Town La Quinta development and will create a beneficial increase in customer activity to the surrounding businesses. 5. There is adequate area to conduct the event and to accommodate the anticipated attendance in that the proposed location is large enough to host vendors and the public without conflict with existing services. 6. Sufficient parking will be provided for the anticipated attendance through the use of existing city parking lots and on -street parking throughout the Village Commercial District. 7. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided through facilities available within the Old Town La Quinta development. 8. Necessary health and operation permits from other State and County Departments are required prior to operation of the event. 9. Fire protection plans and facilities that meet the requirements of the fire marshal are required prior to operation of the event. 10. Security protection plans and facilities that meet the requirements of the sheriff's department are required prior to operation of the event. 11. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. Traffic control measures have been initiated for the event and shall be overseen by the sheriff's department. Planning Commission Resolution 2008-029 Conditional Use Permit 2008-115; Palm Springs Cultural Center October 14, 2008 NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2008-115 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 141" day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED LDERSON, Chairman City of La Quinta, California A JqFWSON Pla Planni Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 GENERAL 1. The certified farmer's market is approved for the 2008-2009 season and three subsequent seasons (2009-2010, 2010-2011, and 2011-2012). Prior the start of each subsequent year's event, the applicant shall meet with the Planning Department to discuss the past season's event and any problems which may have arose. Upon the request of the applicant, minor adjustments to the plan of operations and conditions of approval may be approved by the Planning Director. Additionally, changes to existing conditions of approval or the addition of new conditions may be required by the Planning Director if determined to be necessary by the Planning Director to protect the public's health and safety. 2. This permit shall expire at the conclusion of the 2011-2012 event, unless a request for an extension is made to the Planning Department. The Planning Director, after reviewing the facts and extension request, may extend the permit by no more than an additional two (2) seasons. 3. The use, as herein approved, shall be maintained in conformance with the project description, business plan, application exhibits and conditions of approval. 4. By holding this outdoor event, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this event. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. 5. The applicant shall comply with all provisions of the La Quinta Municipal Code (LQMC), except where these Conditions call out specific exceptions. 6. The event is approved to commence on the first Sunday of October to continue each subsequent Sunday morning through the last Sunday in May. The event shall be held on Sundays from 8:00 a.m. to 12:00 p.m. Equipment setup shall begin no earlier than 6:00 a.m. on the day of each event. All equipment must be removed, and site restored to prior conditions, before 2:00 p.m. that same day. This approval does not grant the applicant the ability to operate the event between the months of June thru September. PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 7. The event is limited to a maximum of 40 vendors, a minimum 80 percent (32) of which are reserved for certified farmers or produce vendors. Products sold by event vendors are limited to fresh regionally grown produce, dried fruits, nuts and other similar food -stuff items. Fresh cut flowers and other plant items may also be sold. Craft vendors are prohibited from participation in the event, except during the holiday season (November — December) as noted. 8. No person or vendor participating in the event shall state, imply or otherwise suggest that the City of La Quinta endorses, sponsors or supports the views of his/her/its organization, candidate, product or service. 9. The site shall be left clean and in its original manner after every event. Trash receptacles shall be provided so that trash/debris can be deposited accordingly. No person shall deface, abuse or otherwise alter in any way the City of La Quinta or Old Town La Quinta parking lots, buildings, plants or landscaping. 10. The use of amplified equipment shall be permitted for music presentations associated with the event. The applicant shall comply with the City of La Quinta Noise Ordinance (LQMC 9.100.210). Individual vendors are prohibited from the use of loudspeakers, public address, radios or boom boxes, or other amplified music or speech. No loud hawking, shouting or barking to promote products is permitted. Vendors shall not harass, follow or intimidate event visitors. The applicant shall comply with the City of La Quinta Noise Ordinance (LQMC 9.100.210). If it is determined at a later date said amplification is disruptive to surrounding uses, this permission can be revoked by action of the Planning Director. 11. Unaffiliated, off -site solicitations and sales, advertising, etc., is prohibited. All vendors must operate within a designated vendor space within the event area as identified in this permit and must be affiliated with the event. 12. The applicant shall comply with all conditions imposed by the California State Department of Food and Agriculture, Fruit, Vegetables, and Egg PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 Quality Control and any other supplemental Federal, State and Local regulations. Requirements and conditions as imposed by the Certified Farmers Market Program shall be complied with by the applicant and all food vendors. 13. The applicant shall obtain all other applicable permits from the appropriate agencies (i.e. Fire Department, Sheriffs Department, etc.) 14. Permits, separate from this approval, for any temporary structures (e.g. tents exceeding 200 square feet and/or canopies exceeding 400 square feet), stages or open flame devices shall be obtained prior to their installation. Prior to the event set-up, please contact the La Quinta Building and Safety Department and Riverside County Fire Safety at 863- 8886, for any additional requirements of the Fire Marshal. Fire lanes shall be established and/or maintained during the event, as may be prescribed by the Fire Marshall. 15. Obtain a building permit for temporary electric service and any other required items (e.g. bleacher, portable generators, etc.). Contact the Building and Safety Department at (760) 777-7012 for permit requirements. 16. Portable generators shall be shielded to prevent accidental contact with guests. Extension cords shall be ground -secured to prevent tripping. Any lighting shall be directed away from surrounding roadways and surrounding residential properties. No spot or searchlights are permitted. 17. All temporary electrical wiring to any concession/vendor spaces shall be secured to prevent physical hazards to the public and participants. Wiring/cords shall not be subjected to environmental or physical damage. Portable generators, if used, shall be shielded to prevent accidental contact with guests. Extension cords shall be secured to the ground to prevent tripping. 18. The applicant shall contract with the Riverside County Fire Department for provision of services necessary to insure public safety, as determined by their agency through such contractual arrangements. All such contractual arrangements shall include coverage for all City properties used in conjunction with this event. For any additional requirements, please contact Mr. Jason Stubble with the Riverside County Fire Safety at (760) PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 863-8886. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. 19. If determined necessary by the Riverside County Sheriff's Department, the applicant shall contract with the Riverside County Sheriff's Department for traffic and crowd control, and internal/external security in conjunction with private security for public safety, as determined by their agency through contractual arrangements. All such contractual arrangements shall include security coverage for this event. For any additional requirements, please contact Sgt. Matt Martello at (760) 275- 0725. The City shall have no responsibility, financial or otherwise, in establishment or implementation of such contractual obligations. 20. If private security is used for the event, security personnel shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid Private Security license. 21. A 24-hour emergency contact phone number shall be provided to the City, in case problems arise that need prompt attention. The applicant shall provide contact information to the City listing all designated event liaisons and their contact information. Specifically, event management staff shall be identified, with their respective 24-hour contact phone numbers. This list shall be submitted the City's Planning Department no later than October 1" of each year. 22. Certain areas providing access to the event area are public and, as such, general public access may not be denied or restricted in any manner that extends beyond the limits of this event as conditioned and approved. 23. No on -street parking outside the approved event area may be utilized for valet parking services. All on -street parking areas not otherwise restricted shall remain available for public use. 24. Roadways, parking areas, emergency vehicle access and pedestrian traffic aisles to other businesses, activities, and structures in and around the event will be maintained accessible at all times. The applicant shall provide barricade protection at the entrances to Main Street. Barricades used to close off the event shall post a "No Parking" and "No Pets Allowed" signs facing the entrance to each street. PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 25. The applicant shall be required to provide a fire lane of at least 20 feet in width for emergency vehicle access within the event area as required by the Fire Department. 26. If the applicant proposes to place signs in the City street right of way, the signs shall conform with Section 9.160 of the La Quinta Municipal Code (Sign Ordinance). The applicant shall submit locations for directional signs to available event parking within two (2) weeks of Planning Commission approval of this event. 27. The applicant shall obtain an encroachment permit from the Public Works Department for the above mentioned signs and any additional traffic control within the public rights of way. The applicant may be required to supply a Temporary Traffic Control Plan with the encroachment permit. 28. Per the Lease Agreement with Old Town La Quinta Management and the Department of Health permit for Farmers Market, pets shall be prohibited from the event. The applicant shall have on file in the Planning Department, the Health Department Permit and the lease agreement for this event established with the Old Town Management two weeks prior to the first event date. 29. Prior to the start of the event, the applicant shall provide a fully dimensioned and properly detailed site plan of the event, to the Planning Department. 30. The applicant shall reimburse the City for costs of providing employee services and remedial repairs to City properties that are directly associated with this event. The City shall determine these costs in accordance with established City policies, and will submit an invoice for all event -related costs within 30 days, and the applicant shall reimburse the City for all costs within 60 days of receipt of said invoice. 31. The applicant shall conform to the City of La Quinta Large Venue and Event Waste Management Plan for waste and recycling coordination. Burrtec Waste and Recycling Services can be contacted at (760) 340- 2113. PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 VENDORS 32. All vendors shall comply with the Certified Farmers Market at Old Town La Quinta Operating Rules and Conduct as contained in the business plan on file with CUP 2008-115. 33. All vendors shall obtain a City Business License prior to commencing business in the City of La Quinta. When applicable, each vendor shall obtain and properly display a California State Board of Equalization Seller's Permit for the sale of merchandise and/or products within the City of La Quinta. The serving of food and beverages during the event shall be subject to the rules and requirements of the Riverside County Health Department. The sale of alcohol at the event is prohibited. 34. No vendor is permitted to operate outside the event area. All vendors operating at the event shall stay within a designated vendor space area. A 20-foot access lane along Main Street shall be maintained at all times. 35. . Designated vendor space shall be limited to a maximum of two hundred (200) square feet and shall be clearly designated on the operation site plan and on the ground. The location of the vendor shall not interfere with access to adjacent buildings, vendors, or with the pedestrian circulation at the site. 36. Vendors shall work professionally, cooperatively, and reasonably with both customers and market staff in resolving complaints. 37. Vendors shall keep their booths and all merchandise out of fire lanes at all times. 38. All vendors and their employees shall comply with ADA provisions, as may be determined to be applicable. 39. All vendors must understand and comply with any and all state and federal laws relating in any manner to their goods and services. 40. Vendors may not sell items that are commercially available or have been purchased wholesale. PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-115; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 41. Vendors are not allowed to prop or hang any merchandise, banners or boards on any sign or light post, wall, building or trees along the streets. 42. When removing or dismantling setups, all vendors must clean their own spaces of all debris. All areas must be kept clean and neat at all times during operation. 43. All vendors shall identify their booths with appropriate signage (including business name and booth assignment information) in a minimum size of twelve (12) inches by twenty four (24) inches. Letter height shall be a minimum of two (2) inches. Maximum sign area per vendor shall not exceed ten (10) square feet. 44. Vendors must remove all boxes and containers used in the transportation of their merchandise before the event begins. Empty boxes may be stored under tables as long as they are not visible, e.g., under a drape. 45. All tables used within a booth space are encouraged to be covered and skirted with a fire -retardant fabric, which may be either disposable or non - disposable material. Food vendors may use skirted tables in lieu of using full table covers. The covering or skirting should be neat and clean and should not be more than two (2) inches from the ground on all sides. All covering or skirting must be treated to be fire retardant. A canopy/tent is recommended to all vendors. Products may be displayed below the booth spaces, so long as all products are kept at least six (6) inches off the ground and are displayed in a neat and clean fashion. 46. The sale of any product directly from a vehicle is prohibited. Vendors are permitted to have their vehicles onsite during the event, only as determined necessary for the operation of their sale. Any such vehicle must be located within an assigned vendor space. Vehicles located on site during the event shall not be running. 47. Vendors must not, at any time, move any traffic control devices, such as barricades or signs. PLANNING COMMISSION RESOLUTION 2008-029 CONDITIONAL USE PERMIT 2008-1 15; PALM SPRINGS CULTURAL CENTER CONDITIONS OF APPROVAL - FINAL October 14, 2008 48. Vendors shall not display or advertise items that they are not permitted to sell under their vendor agreement for this event and are not immediately available for purchase. 49. Vendors shall post prices for all products for sale. 50. Any vendor selling products by the pound shall have a scale certified by the Riverside County Department of Weights & Measures. Without a certification sticker, no vendor may sell products by the pound. For more information, call the Riverside County Agricultural Commissioners', Indio Office, at (760) 863-8291. 51. All food service vendors must maintain all food -prep operations within their specified booth spaces, which shall exclude curbs and pavers. All food service vendors shall obtain approval from the Riverside County Department of Environmental Health to operate out of an approved local food establishment. 52. All food service vendors shall have adequate trash containers for refuse, which shall include at least two (2) trash cans, and shall clean and remove any trash or debris from their booth areas and surrounding areas before leaving the event. 53. All condiments are to be individually wrapped or dispensed from sanitary pour, pump or squeezed -type devices. 54. The utilization of reusable cloth bags shall be encouraged and used to the maximum extent feasible. The applicant shall work with the City to establish a program to encourage the use of paper and reusable cloth bag in lieu of plastic bags, with the goal of ultimately eliminating the use of plastic bags altogether.