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2009 11 10 PCo``'�TQco City of La Quinta V � Planning Commission Agendas are now $� available on the City's Web Page @ www.la-guinta.org c�bOF119 PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California NOVEMBER 10, 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 2009-031 Beginning Minute Motion 2009-008 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 October 27, 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 .................. ZONING ORDINANCE AMENDMENT 2009-099 Applicant........... City of La Quinta Location............ City-wide Request............. Consideration of an Amendment to La Quinta Municipal Code Title 8, Chapter 13, Updating the City's Water - Efficient Landscaping Ordinance. Action ............... Resolution 2009- B. Item .................. SIGN PROGRAM 1997-383, AMENDMENT NO. 1 Applicant........... Kerr Project Services, Inc. Location............ Jefferson Plaza at the Northwest Corner of Jefferson Street and Highway 111 . Request ............. Consideration of a Proposed Sign Program Amendment to Increase the Permissible Sign Area for Smart & Final. Action ............... Minute Motion 2009- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of November 3, 2009, by Commissioner Quill. B. Commissioner Weber is scheduled to attend the November 17, 2009, City Council meeting. IX. DIRECTOR ITEMS: A. Discussion of Holiday Meeting Schedule X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on November 24, 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, November 10, 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, November 6, 2009. DATED: November 6, 2009 CAROLWALKER, 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 October 27, 2009 7:02 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who stated the flag salute was done earlier at the Joint Council Meeting. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, City Attorney Kathy Jenson, Planning Manager David Sawyer, Principal Planner Wallace Nesbit, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: CONFIRMED IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of October 13, 2009. The Commissioners had no changes but Chairman Alderson made the following correction: Page 12, Commissioners Items, A, bullet point 5 should read: Council Member Franklin's concerns on SilverRock. There being no further comments or corrections it was moved and seconded by Commissioner Barrows/Wilkinson to approve the minutes as corrected. Unanimously approved. V. PUBLIC HEARINGS: A. Continued — 2008 La Quinta Housing Element; a request by the City of La Quinta for consideration of a recommendation for adoption of PAReports - PC\2009\11-10-09\PC MIN_10-27-09_Draft.doe Planning Commission Minutes October 27, 2009 the proposed draft of the 2008 La Quinta Housing Element affecting all locations City-wide. Chairman Alderson commented that the public hearing had been left open from the meeting of October 13, 2009. He then asked for the staff report. Principal Planner Wally Nesbit presented the staff report which included a request to continue this item to the Planning Commission meeting of December 8, 2009. The staff and consultant are preparing responses to the comments made by the State in a phone conversation on October 21, 2009. The December 8, 2009, meeting date should allow time for review of the State's recommendations and for preparation of revisions and re - submittal to the State for either verbal or written certification. (A copy of the staff report is on file in the Planning Department.) Chairman Alderson asked if there were any questions of staff. Commissioner Weber referenced his comments in the last meeting and asked for definitions of a second unit, casita, and guest house. Staff responded that casita is an informal term used for a guest house. A guest house is a bedroom and bathroom, with no kitchen facilities. A plumbed kitchen is not allowed in a guest house and this would typically be referred to as a casita. A second unit is basically the same thing, but with a plumbed kitchen. It can actually be lived in independently of the primary unit and generally requires that parking be provided, as it is considered a separate unit. Commissioner Quill asked about allowable square footage. Staff said both the guest house and second unit have a percentage and a threshold. The percentage is based on the area of the primary unit and the threshold is 1200 square feet maximum. Commissioner Quill asked if that was for both. Staff responded they believed it was for both. ,reports PC',2009�1 1-10-09=.PC MiN_10-27-09. Drarft.uoc 2 Planning Commission Minutes October 27. 2009 Chairman Alderson asked if the Commissioners would be able to go over this, in more detail, on December 8, 2009. Staff said yes and added they hoped to have a State certification letter by that meeting. Staff also said the consultant would be at that meeting to answer any questions. There being no further questions of the staff, and with the applicant being the City, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson left the public participation portion of the meeting open. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to continue the 2008 La Quinta Housing Element Update to the Planning Commission meeting of December 8, 2009. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of October 20, 2009, from Chairman Alderson, with comments on the following items: • Discussion of the pros/cons of leasing or buying needed golf course maintenance equipment at Silverrock. • Consideration of capital contributions to Coachella Valley Rescue mission. • Consideration of a request from Martha's Kitchen. • Consideration of a request for the Concours d'Elegance car show. B. Chairman Alderson noted Commissioner Quill was scheduled to attend the November 3, 2009, City Council meeting. P ,Reports PC12009111-10 09TC MIN 10-27 09_ Urait.doc 3 Planning Commission Minutes October 27, 2009 IX: DIRECTOR ITEMS: A. Planning Director Johnson commented on meetings prior to the upcoming holidays. After a brief discussion it was concluded this item would be included on the next agenda for more discussion; as well as to allow staff time to check possible upcoming items. Planning Director Johnson also noted that staff will follow-up on Commissioner Weber's question of a casita versus a second unit prior to that meeting. 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 November 10, 2009. This regular meeting was adjourned at 7:16 p.m. on October 27, 2009. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California R ;Roports PC12009 1 1 10-09`1 C MIN_ 10-27 09 Draft.dwc 4 PH # A PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 10, 2009 CASE NO.: ZONING CODE AMENDMENT 2009-099 APPLICANT: CITY OF LA QUINTA REQUEST: CONSIDERATION OF AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE TITLE 8, CHAPTER 13, UPDATING THE CITY'S WATER -EFFICIENT LANDSCAPING ORDINANCE LOCATION: CITY-WIDE PROPERTY OWNER: NOT APPLICABLE GENERAL PLAN/ ZONING DESIGNATIONS: NOT APPLICABLE ENVIRONMENTAL DETERMINATION: THE PLANNING DEPARTMENT REVIEWED THE ZONING TEXT AMENDMENT UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THE AMENDMENT IS EXEMPT PURSUANT TO SECTION 15061(B)(3) AND SECTION 15307 OF THE CEQA GUIDELINES IN THAT THE PROPOSED CHANGES TO THE ORDINANCE WILL RESULT IN A REDUCTION IN THE OVERALL USE OF WATER RESOURCES BACKGROUND: In 2006, Assembly Bill 1881 was signed into law by Governor Schwarzenegger, requiring that every city in California either adopt the State Model Water -Efficient Landscaping Ordinance or a landscaping ordinance which is at least as effective in conserving water as the model ordinance. All cities are required to comply with the provisions of AB 1881 no later than January 31, 2010. Although the City Council most recently updated the City's Water -Efficient Landscaping Ordinance to comply with this law on January 15, 2008, the State Model Water -Efficient Landscaping Ordinance is updated from time to time, and was most recently updated on September 10, 2009. As a result of this update and the looming ZOA 09-099 Planning Commission Staff Report 11/10/09 Page 1 of 5 P:\Reports - PC\2009\11-10-09\ZOA 09-099\PC RPT ZOA 09-099.doc deadline for compliance by January 31, 2010, all valley cities and water suppliers, including the Coachella Valley Water District, have begun the process of updating their own landscaping ordinances. PROPOSAL: The majority of the proposed changes to La Quinta's Water -Efficient Landscaping Ordinance (Attachment 11 are the result of the recent update to the State Model Water -Efficient Landscaping Ordinance, the standard to which all landscaping ordinances in the state must meet or exceed. As the Coachella Valley Water District is also in the process of revising their own landscaping and irrigation design ordinance to comply with the State model ordinance, staff has been meeting with representatives of CVWD to ensure that both codes conform to each other and do not pose a conflict. Sections proposed for amendment are either state -mandated or involve text that has been reworded or rearranged to be identical to or compatible with the Coachella Valley Water District's landscaping ordinance. In application, these sections are the same as the current code provisions. Staff has also taken this opportunity to adjust and improve the existing landscaping ordinance by clarifying certain sections. State mandated text amendments include the following: • A requirement that all rehabilitated landscaping projects be reviewed and approved by the City of La Quinta; • A requirement that homeowner -provided landscaping at single-family residences with a landscaped area greater than 5,000 square feet be approved by the City of La Quinta; • A requirement that all completed landscaping projects submit a Certificate of Completion (currently optional); • A slightly improved irrigation efficiency rating of .71 (from current .75 rating); • A requirement that a soil analysis report be submitted with landscaping plans (currently optional); • References to fire -safety provisions; Limitations on turf placed on slopes greater than 4 to 1 (currently 3 to 11; • Requirements for use of groundcover and mulch to reduce soil moisture evaporation; • Five new definitions and four revised definitions; • Required provisions for recycled water usage; • Groundwater and non -potable water used for landscaping irrigation are no longer exempted from landscaping water use calculations; • Revised text requiring that grading plans identify storm water management features; 2 ZOA 09-099 Planning Commission Staff Report 11/10/09 Page 2 of 5 P:\Reports - PC\2009\11-10-09\ZOA 09-099\PC RPT ZOA 09-099.doc • Exemptions for mined -land reclamation projects, public gardens and arboretums, plant collections, designated historical sites, and ecological restoration projects; and • Provision that homeowner association guidelines may not enact conditions that have the effect of prohibiting the use of water -efficient plant species as a group. In turn, the City has taken this opportunity to improve and clarify the existing ordinance. As a result, staff is proposing the following additional adjustments: • A specific exemption for homeowner -provided and individually -maintained landscaping within private gardens, courtyards, and patio areas in multi -family projects (such as condominiums); • Rearranged irrigation system design provisions, identical to those of the Coachella Valley Water District; • Minor adjustments to text identifying water calculation methods that do not change or deviate from current methodology and references to sample water calculation worksheets that are available from both the City and the Coachella Valley Water District; • Final landscaping plan submittal standards have been adjusted to match those of the Coachella Valley Water District; • A reference to the plant selection standards of the Riverside County Agricultural Commissioner; • A codified suggestion that applicants consult the State Invasive Plant Inventory prior to the selection of any plant species for landscaping. These staff -recommended updates are intended to conform to both the CVWD landscaping ordinance revisions currently underway and the State Model Water - Efficient Landscaping Ordinance. ANALYSIS - The proposed text amendments will result in minor changes to current landscaping and irrigation design standards and will minimize conflict with the Coachella Valley Water District's concurrent ordinance. Because the City and CVWD have already implemented water efficiency standards that exceed state minimums, state mandated revisions will have a negligible effect on aesthetics and overall water usage. Procedurally, the most noticeable change under this code revision is that all rehabilitated landscaping projects, unless specifically exempt, will now be required to be reviewed and approved by the Planning Department, rather than just those rehabilitated landscaping projects which are associated with a building permit or encroachment permit. Currently, the only time the City reviews landscaping plans is when they are brought forward with new construction approved through a Site Development Permit or Village Use Permit, or involve work to be completed within the public right-of-way. 3 ZOA 09-099 Planning Commission Staff Report 11 /10/09 Page 3 of 5 P:\Reports - PC\2009\11-10-09\ZOA 09-099\PC RPT ZOA 09-099.doc Other new items required under the State Model Water -Efficient Landscaping Ordinance include revised text regarding recycled water usage and grading plans, closing the water calculation loophole for groundwater and non -potable irrigation water, and the mandatory inclusion of two currently optional items. By modifying the standards for landscaping grading plans, the model ordinance is attempting to encourage the incorporation of water -harvesting and storm water management features into landscaped areas when feasible. A soil analysis report and a Certificate of Completion following installation are also now required for submittal to the City, both optional under the current ordinance. Another state -mandated change revises and clarifies the recycled water code provisions, the use of which is mandated for irrigation if a supply is available. In addition, all water sources must now be calculated for landscaping plans, which means that projects that irrigate with Bureau of Reclamation water, recycled water, or pumped groundwater sources must meet the same restrictions and calculation methods as potable water provided by CVWD. The most noticeable visual or aesthetic result of this code update will be the prohibition of turf on slopes greater than 4 to 1 . The current turf prohibition is on slopes with a grade greater than 3 to 1. Turf is sometimes used as an erosion control method on steeper slopes, one example of which is the north side of Avenue 48 east of Washington Street. In the long term, the requirement to review all rehabilitated landscaping will have a positive effect on the general aesthetic quality of the City and will contribute to an overall reduction in water usage. All of the state -mandated changes make a positive contribution to the Landscaping Ordinance without compromising aesthetic quality. Because the City and the Coachella Valley Water District have already taken the initiative to ensure greater water efficiency in landscaping design, any changes to water efficiency and irrigation design are minimal. The most significant change is that all rehabilitated landscaping projects will now require formal staff review. Public Notice This request was published in the Desert Sun newspaper on October 30, 2009. To date, no inquiries or letters have been received. Public Agency Review A copy of this request has been sent to CVWD, the Riverside County Fire Department, and has been reviewed by City Departments. No comments were received before the preparation of this staff report. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of this Amendment can be made and are contained in the attached Resolution. 0 ZOA 09-099 Planning Commission Staff Report 11 /10/09 Page 4 of 5 P:\Reports - PC\2009\11-10-09\ZOA 09-099\PC RPT ZOA 09-099.doc RECOMMENDATION: 1. Adopt Planning Commission Resolution 2009- , recommending approval of Zoning Code Amendment 2000-099 to the City Council. Prepared by: An44w J. Mogensen, AICP Pri cipal Planner Attachments: 1. Proposed revisions to Section 8.13, Water Efficient Landscaping 5 ZOA 09-099 Planning Commission Staff Report 11/10/09 Page 5 of 5 P:\Reports - PC\2009\11-10-0920A 09-099\PC RPT ZOA 09-099.doc 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 CODE AMENDMENT 2009-099, AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE TITLE 8, CHAPTER 13, UPDATING THE CITY'S WATER -EFFICIENT LANDSCAPING ORDINANCE. CASE NO.: ZONING CODE AMENDMENT 2009-099 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10`" day of November, 2007, hold a duly noticed Public Hearing for review of a Municipal Code Amendment to update Title 8, Chapter 13, the City's Water -Efficient Landscaping Ordinance; and WHEREAS, said Municipal Code 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) and Section 15307 of the CEQA Guidelines; and WHEREAS, on September 28, 2006, the Governor of the State of California, Arnold Schwarzenegger, signed Assembly Bill 1881, requiring that every city in California either adopt the State Model Water -Efficient Landscaping Ordinance or a landscaping ordinance which is at least as effective in conserving water; and WHEREAS, the California Office of Administrative Law (OAL) approved an updated Model Water Efficient Landscape Ordinance (MWELO) on September 10, 2009; and WHEREAS, the Planning Commission of the City of La Quinta recognizes that the conservation of available water resources is essential to the future health and welfare of the community; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on October 30, 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, 3 Planning Commission Resolution 2009- Zoning Ordinance Amendment 2009-099 Water Efficient Landscaping Amendment November 10, 2009 said Planning Commission did make the following mandatory findings recommending approval of said Amendment: The proposed Municipal Code Amendment is consistent with the General Plan and Zoning Ordinance in that it will result in a reduction in the City's overall water usage while allowing for the continued high quality of development in the City. 2. Approval of the Municipal Code 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 proposed Municipal Code Amendment is consistent with the State Model Water Efficient Landscape Ordinance and will result in the improved conservation of available water resources, which are essential to the future health and welfare of the community. 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 Code Amendment 2009-099 as set forth in Exhibit 1 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 10`h day of November, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2009- Zoning Ordinance Amendment 2009-099 Water Efficient Landscaping Amendment November 10, 2009 ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta ATTACHMENT # 1 lei off r_«i:1.9-K&I WATER EFFICIENT LANDSCAPING AND IRRIGATION SYSTEM DESIGN Sections: 8.13.010 Purpose and Intent 8.13.020 Definitions 8.13.030 Provisions for New or Rehabilitated Landscapes 8.13.040 Provisions for Existing Landscapes 8.13.050 Appeals 8.13.060 Effective Date Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.010 Purpose and intent. A. The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. It as also the intent f this tir implement1 -i iFements f 1 state of California WateF GeRseWatien on Aet, Statutesf 1990, Gh ♦ 1 1 A G ( A Q searLanding 326). ft is also the purpose of this ordinance to implement the requirements of the California Code of Regulations Title 23, Waters Division 2, Department of Water Resources Chapter 2.7, Model Efficient Landscaping Ordinance, and State of California Water Conservation in Landscaping Act. Authority Cited: Section 65593, Government Code, Reference: Sections 65591, 65593, 65596, Government Code. B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.020 Definitions. The words used in this chapter have the meanings set forth below: "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour. "Applied water" means the portion of water supplied by the irrigation system to the landscape. 9 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Beneficial Use" means water used for landscape evapotranspiration. "Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency WaterSense irrigation auditor certification program and Irrigation Association Certified Landscape Irrigation Auditor program. "Conversion faction (0.62)" means a number that converts the maximum applied water allowance from acre -inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: (325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons 43,560 square feet 12 inches = one acre-foot = one acre = one foot To convert gallons per year to one hundred cubic feet per year, the common billing unit for water, divide gallons per year by seven hundred forty-eight. (748 gallons = 100 cubic feet) "Desert Landscape" means a desert landscape using native plants spaced to look like a native habitat utilizing plants native to the southwestern United States and northern Mexico or native to other desert regions of the world but adapted to the Coachella Valley. "Distribution Uniformity" is a measure of how evenly sprinklers apply water. The low -quarter measurement method (DULQ) utilized in the irrigation audit procedure is utilized for the purposes of these criteria. These criteria assume an attainable performance level of 75% DULQ for spray heads, 80% DULQ for rotor heads and 85% DULQ for recreational turf grass rotor heads. 2 10 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Drip Irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall" means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Electronic Controllers" are time clocks that have the capabilities of multi- programming, water budgeting and multiple start times. "Emission Uniformity" is a measure of how evenly drip and microspray emitters apply water. The low -quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% DULQ for drippers, microsprays and pressure compensating bubblers. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated annual applied water use" means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance. "Estimated annual total applied water use" (Total of all hydrozones) means the annual total amount of water estimated to be needed by all hydrozones to keep the plants and water features in the landscaped area healthy and visually pleasing. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the size and type of the water feature, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the maximum applied water allowance. "ET adjustment factor" means a factor of 0.5 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major 3 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.38 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.71. Therefore, the ET adjustment factor (0.5) _ (0.38/0.71). "Evapotranspiration, or ET" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). "Hardscape" means concrete or asphalt areas including streets, parking lots, sidewalks, driveways and patios and decks. "Head -to -Head Coverage" means one hundred percent sprinkler coverage of the area to be irrigated, with maximum practical uniformity. "High Flow Check Valve" means a valve located under/in a sprinkler head to stop the flow of water if the spray head is broken or missing. "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.71. Greater irrigation efficiency can be expected from well -designed and maintained systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. 4 12 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Landscape Architect" means a person who holds a license to practice landscape architecture as per the state of California Business and Professions Code, Section 5615. "Landscape Contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscaped area" means the entire parcel less the building footprint, driveways, non -irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Local water purveyor" shall mean the Coachella Valley Water District (CVWD). "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance" means for design purposes, the upper limit of annual applied water for the established landscaped area, as specified in Division 2, Title 23, California Code of Regulations, Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Native plants" means low water using plants that are indigenous to the Coachella Valley and lower Colorado Desert region of California and Arizona. 5 13 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop - ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate water using plants the range is 0.40 to 0.60 and for high water using plants, the range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape Species III (WUCOLS III). "Pressure Compensating (PC) Bubbler" means an emission device that allows the output of water to remain constant regardless of input pressure. Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm. "Pressure Compensating Screens/Devices" means small screens/devices inserted in place of standard screens/devices that are used in sprinkler heads for radius and high pressure control. "Qualified Professional" means a person who has been certified by their professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor. 6 14 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of cool -season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. For purposes of this chapter, the eedofeed in his ehap'_eF.) most current edition of the Coachella Valley Water District's Reference Evapotranspiration Table shall be referenced. "Rehabilitated landscape" means any re -landscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a 0.5 ET adjustment factor. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. 7 15 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. "Smart Controller" means weather based or soil moisture based irrigation controls that monitor and use information about environmental conditions for a specific location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and morel to decide for themselves when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. "Static water pressure" means the pipeline pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operates simultaneously. "Turf" means a surface layer of earth containing mowed grass with its roots. Perennial and annual ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conservation concept statement" means a one -page checklist and a narrative summary of the project. "Water feature" means any water applied to the landscape for nonirrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water. 8 16 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design Note: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8 13 030 Provisions for new or rehabilitated landscapes. A. Applicability. 1. Except as provided in subsection (A)(3) of this section, this section shall apply to all new construction and rehabilitated landscapes for public and private development projects with a landscape area equal or greater than 2,500 square feet. a All new and Fehabilitated landseaping fer—private ~-- ,';.,^:r;Feial and 2. Projects subject to this section shall conform to the provisions in this section. 3. ' This section shall not apply to: a. Resident homeowner -provided and/or homeowner -hired landscaping at single-family ^,yes residential projects with a total project landscape area less than 5,000 square feet, b. Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project; c. Registered local, state, or federal historic sites, d. Ecological restoration projects that do not require a permanent irrigation system; e. Mined -land reclamation projects that do not require a permanent irrigation system; f. Plant collections, as part of botanical gardens and arboretums open to the public. 9 17 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design B. Final Landscaping Plan Application Submittal Package. 1. Each Final Landscaping Plan submittal shall include the following elements: a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; and In. Soil analysis EeptienaN; 2. Five copies of the Final Landscaping Plan submittal conforming to this chapter shall be submitted to the city. No permit shall be issued until the city and the local water purveyor reviews and approves the landscape documentation package. Prior to preparation and submission of the Final Landscaping Plan submittal, with the exception of rehabilitated or home -owner provided landscaping, the preliminary landscape design shall be approved by the planning commission. 3. A copy of the approved Final Landscaping Plan submittal shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. C. Elements of Final Landscaping Plan submittal. Water Conservation Statement and Landscape Worksheet a. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation statement so mmlwfollowing example an example of which can be obtained from either the Planning Department or the Coachella Valley Water District. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. 10 18 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design 11 S7 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design b. Water Efficient Landscape Worksheet. Each landscape documentation package shall include a Water Efficient Landscape Worksheet, an example of which may be obtained from either the Planning Department or the Coachella Valley Water District. The Water Efficient Landscape Worksheet serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. i. The Water Efficient Landscape Worksheet shall contain a hydrozone information table and a water budget calculation for the Final Landscaping Plans. For the calculation of the Maximum Applied Water Allowance and the Estimated Total Water Use, the project applicant shall refer to the most current localized ETo value from the Coachella Valley Water District's Reference Evapotranspiration Table, a copy of which may be obtained from either the Planning Department or the Coachella Valley Water District. //. Water budget calculations shall adhere to the following requirements: (A) The plant factor used shall be from the "Water Use Classifications of Landscape Species /ll" (WUCOLS ///), prepared by the University of California Cooperative Extension and California Department of Water Resources. The plant factors range from 0 to 0.3 for the low use plants, from 0.4 to 0.6 for the moderate use plants, from 0.7 to 1.0 for the high use plants and 1.1 to 1.2 for water features. 12 20 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (B) All water features shall be included in the 1.1 to 1.2 hydrozone and temporary irrigated areas shall be included in the low water use hydrozone. 2. The Annual Maximum Applied Water Allowance. a. A project's annual maximum applied water allowance shall be calculated using the following formula: MAWA = (ETo) (0.5) (LA) (0.62) where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.5 = ET adjustment factor LA = Landscaped area (square feet) 0.62 = Conversion factor (to gallons per square foot) b. An example calculation of the annual maximum applied water allowance is: Project site: Landscape area of fifty thousand square feet in Zone No. 3a of the Coachella Valley ETo Map. MAWA = (ETo) (0.5) (LA) (0.62) (75.0 inches) (0.5) (50,000 square feet) (0.62) Maximum applied water allowance = 1,162,500 gallons per year, 1,554 hundred -cubic -feet per year (billing units), 3.56 acre feet/acre per year or 42.7 inches of water per year. 3. Estimated Annual Applied Water Use. a. The annual estimated applied water use shall not exceed the annual maximum applied water allowance. b. A calculation of the estimated annual applied water use shall be submitted with the landscape documentation package. 13 21 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design C. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, the project applicant shall refer to the localized ETo value on the current Coachella Valley ETo Map, prepared by the Coachella Valley Water District. d. The estimated annual total water use for each hydrozone is calculated from the following formula: EWU (hydrozones) = (ETo) (PF) (HA) (0.62)/748 (in 100 cubic feet) (IE) EWU (hydrozone) = Estimated water use (gallons per year) ETo = Reference evapotranspiration (i.e., ETo Zone 3a = seventy-five inches per year) PF = Plant factor (see definitions) HA = Hydrozone area (square feet) (0.62) = Conversion factor (IE) = Irrigation efficiency (see definitions) 748 = Conversion to billing units (one hundred cubic feet = 748 gallons = 1 CVWD billing unit) 4. Estimated Annual Total Water Use. A calculation of the estimated annual total hydrozone water use shall be submitted with the Final Landscaping Plan submittal. The estimated annual total water use for the entire landscaped area equals the sum of the estimated annual water use (EWU) of all hydrozones in that landscaped area. 5. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the Final Landscaping Plan submittal. a. Plant Selection and Grouping. i. Any plants may be used in the landscape, providing the estimated annual applied water use recommended does not exceed the maximum annual applied water allowance and that the plants meet the specifications set forth in (G)(6)0"0r"` and (iv of this section. 14 22 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design ii. Plants having similar water use shall be grouped together in distinct hydrozones. iii. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged whenever it is consistent with the other provisions of this chapter. available 48M the We maFshal. iv. A landscape design plan for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire -prone plant materials and highly flammable mulches. V. The use of invasive and/or noxious plant species is strongly discouraged. Applicants should consult the Invasive Plant Inventory prepared by the California Invasive Plant Council prior to the selection of any plant species for landscaping. vi. Applicants shall consult the most current list of prohibited and restricted plant species prepared by the Riverside County Agricultural Commissioner prior to the selection of any plant species for landscaping. Restricted plant species shall be approved or cleared by the Agricultural Commissioner and obtained from an authorized local supplier. vii. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, property owners associations, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. b. Water Features. i. Recirculating water shall be used for decorative water features. ii. Water features shall be appropriately sized and designed for functional and recreational purposes in conjunction with recreational amenities, placed at a location visible from adjacent residential or commercial uses, and serve a functional 15 23 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design purpose such as storm water retention, interactive play, irrigation storage, and/or wildlife habitat. iii. All water features shall be replenished by a non -potable water supply unless otherwise conditioned or approved by the Planning Commission. Where available, recycled water shall be used as a source for decorative water features. iv. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. c. Landscape Design Plan Specifications. The Final Landscaping Plans shall be designed in accord with the requirements of the local water purveyor. The landscape design plan shall be drawn on 36 inch -by 24-inch project base sheets at a scale that accurately and clearly identifies: i. Designation of hydrozones, including the Total Estimated Annual Applied Water Use for each major plant group hydrozone and water feature hydrozone (if water features have been approved). ii. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, water use classification, container size, spacing and quantities of each group of plants indicated; iii. Property lines, tract name, tract number or parcel number, and street names; iv. Streets, driveways, walkways and other paved areas; v. Pools, ponds, water features, fences and retaining walls; vi. Existing and proposed buildings and structures including elevation, if applicable; vii. Location of all overhead and underground utilities; viii. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain; ix. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; 16 24 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design x. A calculation of the total landscaped area; and A. Designation of recreational turf areas. d. Design and Placement of Turf. i. Turf shall be placed within functional and accessible recreational areas. Turf placement is discouraged at locations adjacent to perimeter streets and sidewalks and those locations having limited visibility and/or pedestrian activity. ii. All typical landscaping plans for prototypical residential units (tract homes) shall include a no -turf option. iii. Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating uniformly without overspray onto hardscaped areas, streets, and sidewalks. Landscape areas less than 8 feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. iv. Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable ground cover. v. Turf is prohibited on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent)• vi. Turf grass coverage shall be limited to no more than 50% (fifty percent) of any project's total landscaped area. e. Design and placement of Groundcover and Mulch. L The use of a soil covering mulch or a mineral groundcover of a minimum two-inch depth to reduce soil surface evaporation is required around trees, shrubs, 17 25 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design and on non -irrigated areas. The use of boulders and creek stones shall be considered to reduce the total vegetation area. These areas have should have enough shade to avoid reflected or retained heat. ff. Stabilizing mulching products shall be used on slopes. N. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected. f. Stormwater best management practices. L The landscaping plans shall identify the location and installation details of any applicable stormwater best management practices that encourage on -site retention and infiltration of stormwater. Stormwater best management practices are strongly encouraged in the landscape design plan and examples include, but are not limited to: (A) Infiltration beds, swales, and basins, that allow water to collect and soak into the ground,• (B) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; (C) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff,• and (D) Any applicable rain harvesting or catchment technologies used (e.g., rain gardens, cisterns, etc.). #. A# stormwater best management practices identified on the Final Landscaping Plans shall be prepared by the landscape architect in conjunction with the Engineer of Record preparing the Water Quality Management Plan, grading plans, and other related engineering plans. 6. Irrigation Design Plan. An irFigatien design plan Fneeting the fellewing, a. IffigatieR Design GriteFia. Fate shall be eeR,.;idPFPd_ Runeff and OveFSPFay. Se" types and when deSigRdRg 31,lsteFns shall be designed to avoid 18 26 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design • • 19 27 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design f Il ui 20 28 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design Leeation, type, and size E)f all sempenents of the 'FF'gafk)��, r , vev oees7 HOW (gallons Fninute), app"GatiOn Fate ('RGhes pef-�, V. Fate per iffigatiOR shall be installed in Fnedia A StF PS OF No E)VeFhead in Wands. islands SPF'nl(!eF system be designed with eitheF a dF'p efflittff tO eaeh Median OF StFiPS sha" 21 29 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design the high end OG feF Fnedium wateF use type plants-. Size of Rant MedewnrTFees (about 18 feet diameter) 21 to'5 P, ed;uFn ShFws(3.6 foot diamefeF) 4 '^ , —v. Plants wath widely differing water FeqU'Fernents shall be valved sepaFately- eentonwous bands Of MOOStWe 40M the Feet ball eut te the FnawFe dFiP line plus 2-0 peFeent of the ptant4iaffffl1er-. a. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufactures recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following criteria shall be submitted as part of the Final Landscaping Plan submittal. b. Separate landscape water meters shall be installed for all projects except single family homes. When irrigation water is from a well, the well shall be metered. The irrigation design plan shall be drawn on project base sheets. It should be on separate pages from, but use the same format as, the landscape design plans. The irrigation system specifications shall accurately and clearly identify the following: i. Specifications for Irrigation Design. (A) Control valves, manufacturer's model number, size and location. (B) Irrigation head manufacturer's model number, radius, operating pressure, gallons per minute/gallons per hour (gpm/gph) and location. (C) Piping type, size and location. (D) Power supply/electrical access and location. 22 30 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (E) Plan scale and north arrow on all sheets. (F) Irrigation installation details and notes/specifications. (G) Graphic scaling on all irrigation design sheets. (H) The irrigation system shall be automatic, constructed to discourage vandalism, and simple to maintain. Irrigation equipment shag be screened from view when installed adjacent to pedestrian areas and public rights -of -way. (D All equipment shall be of proven design with local service available. (J) Control valves shall be rated at 200 psi. (K) Visible sprinklers near hardscape shall be of pop up design. (L) All heads should have a minimum number of wearing pieces with an extended life cycle. (M) Sprinklers, drippers, valves, etc., must be operated within manufacturer's specifications. (N) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a mainline break) or routine repair. (0) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. (P) The following statement '7 have complied with the criteria of the ordinance and have applied them accordingly for the efficient use of water in the irrigation design plan. „ shall be identified on the irrigation plans and include the landscape architect's signature. ii. Specifications for Irrigation Efficiency. The minimum irrigation efficiency shall be 0.71 (71 %). Greater irrigation efficiencies are expected from well -designed and maintained systems. The following are required: (A) Design spray head and rotor head stations with consideration for worst wind conditions. Close spacing and low -angle nozzles are required in high and frequent wind areas (Coachella Valley Water District ETo Zone No. 5). 23 31 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (B) Spacing of sprinkler heads shall not exceed manufacturer's maximum recommendations for proper coverage. The plan design shall show a minimum of 0.75 (75%) distribution uniformity. (C) Only irrigation heads with matched precipitation rates shall be circuited on the same valve. (D) Valve circuiting shall be designed to be consistent with hydrozones. (E) Individual hydrozones that mix plants that are moderate and low water use may be allowed if the plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or if the plant factor of the higher water using plant is used for the calculations. (F) Individual hydrozones that mix high and low water use plants shall not be permitted. (G) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can assist with pre inspection and final inspection of the irrigation system, and programming the controller. N. Irrigation System Design (A) Point of connection or source of water and static water pressure. (B) Meter location and size (where applicable). (C) Pump station location and pumping capacity (where applicable). (D) Reduced pressure backflow prevention devices shall be installed behind meter at curb by the District. (E) Show location, station number, size and design gpm of each valve on plan. (F) Smart Controller details shall be specified for all projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions. 24 32 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (G) High flow check valves shall be installed in or under all heads adjacent to street curbing, parking lots and where damage could occur to property due to flooding, unless controllers with flow sensor capabilities are specified that can automatically shut off individual control valves when excess flow is detected. (H) Pressure compensating screens/devices shall be specified on a// spray heads to reduce radius as needed to prevent overthrow onto hardscape and/or to control high pressure misting. (/) AU irrigation systems shall be designed to avoid runoff onto hardscape from low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. (J) Rotor type heads shall be set back a minimum of 4 feet from hardscape. (K) The use of drip, microirrigation or pressure compensating bubblers or other systems with efficiencies of 90 percent or greater is required for all shrubs and trees. Small, narrow (less than 8 feet), irregularly shaped or sloping areas shall be irrigated with drip, microspray or PC (pressure compensating) bubbler heads. (L) Trees in turf areas shall be on a separate station to provide proper deep watering. iv. Street median irrigation system design (A) No overhead sprinkler irrigation system shall be installed in median strips or in islands. (B) Median is/ands or strips shall be designed with either a drip emitter to each plant or subsurface irrigation. PC bubblers are acceptable for trees only. v. Drip Irrigation Design (A) The drip system must be sized for mature -size plants. (8) The irrigation system should complete all irrigation cycles during peak use in about 12 hours. Normally, each irrigation controller should not have more than four drip stations that operate simultaneously. (C) Field installed below ground pipe connections shall be threaded PVC or glued PVC. Surface laid hose and tubing is not allowed. Microtube distribution is not allowed unless emitter/manifold is installed in an access box. Microtubing must 25 33 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design be buried at least 6 inches below grade and the end of microtubing must be secured by a stake. The maximum length of microtubing must be specified on the plan to be 10 feet or less. (D) Proportion gallons per day per plant according to plant size. The following sizing chart is for peak water use. The low to high end of the range is according to the relative water requirements of the plants. The low end is for desert natives and the high end is for medium water use type plants. Size of Plant Gallons Per Day Large trees (over 30-foot diameter) 58+ to 97+ Medium trees (about 18-foot diameter) 21 to 35 Small trees/large shrubs (9-foot diameter) 6 to 10 Medium shrubs (3.5-foot diameter) .8 to 1.3 Small shrubs/groundcover .5 or less (E) Plants with widely differing water requirements shall be valved separately. As an example, separate trees from small shrubs and cactus from other shrubs. Multiple emitter point sources of water for large shrubs and trees must provide continuous bands of moisture from the root ball out to the mature drip line plus 20 percent of the plant diameter. (F) Most plants require 50 percent or more of the soil volume within the drip line to be wetted by the irrigation system. vi. Recycled Water Specifications (A) When a site has recycled water available or is in an area that will have recycled water available as irrigation water, the irrigation system shall be installed using the industry standard purple colored or marked "Recycled Water Do Not Drink" on pipes, valves and sprinkler heads. (B) The backup groundwater supply (well water or domestic water) shall be metered. Backup supply water is only for emergencies when recycled water is not available. (C) Recycled water users must comply with all county, state and federal health regulations. Cross connection control shall require a 6-inch air gap system 26 34 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design or a reduced pressure backflow device. All retrofitted systems shall be dye tested before being put into service. (D) Where available, recycled water shall be used as a source for decorative water features. (E) Sites using recycled water are not exempted from the Maximum Water Allowance, prescribed water audits or the provisions of these criteria. (F) A Recycled Water Checklist shall be submitted upon submittal of the first plan check of the Final Landscape Plan submittal, an example of which may be obtained from the Planning Department or Coachella Valley Water District. vii. Non -potable Irrigation Water Specifications a. When a site is using non -potable irrigation water that is not recycled water (from an on -site well, Bureau of Reclamation irrigation lines, or from canal water) all hose bibs shall be loose key type and quick coupler valves shall be of locking type with non -potable markings or signs to prevent possible accidental drinking of this water. b. Sites using non -potable irrigation water are not exempted from the Maximum Annual Applied Water Allowance, prescribed water audits or the provisions of these criteria. 7. Groundwater Water Specifications a. Sites using groundwater irrigation water from wells are not exempted from the Maximum Annual Applied Water Allowance, prescribed water audits or the provisions of these criteria. 7. Grading Design Plan. gFading ardinanee and the following eanditiens shall be submitted as paft-efthe —a. A gFading design )lan shall be dFawn on PFE)jeet base shpet,;- It shall be a. For efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A landscape grading plan shall be submitted as a part of the Final Landscaping Plan submittal package. A 27 35 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design comprehensive grading plan prepared by a civil engineer in coordination with the landscape architect satisfies this requirement. b. The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, aaA-finish grade, and stormwater retention improvements, if applicable. C. To prevent excessive erosion and runoff, it is highly recommended that project applicants: L Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non -permeable hardscapes; A Avoid disruption of natural discharge drainage patterns and undisturbed soil,• and N. Avoid soil compaction in landscape areas. d. The grading design plan shall contain the following statement: "/ have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading plan. " e. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding .75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Final Landscaping Plan submittal, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff must be confirmed during an irrigation audit. f. All grading must retain normal stormwater runoff and provide for an area of containment. Al/ irrigation water must be retained within property lines and not al/owed to flow into public streets or into the public right-of-way. Where appropriate, a simulated dry creek bed may be used to convey storm drainage into retention areas. A drywell shall be installed if the retention basin is to be used as a recreational area. g. Avoid mounded or sloped planting areas that contribute to runoff onto hardscape. Sloped planting areas above a hardscape area shall be avoided unless there is a drainage swale at toe of slope to direct runoff away from hardscape. 28 36 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design h. Median islands must be graded to prevent stormwater and excess irrigation runoff. 8. Soil Analysis. may% An appFOXimate sail tPXt-FR'iRfiltFAt-iE)n Fate tables. A Fange ef AfiltFatae rates shall be noted wheFe awOPF ate; MeaSUFe of pH and tetal soluble salts. a. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or their designated agent, as follows: L Submit soil samples to a laboratory for analysis and recommendation; ii. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants; iii. The soy analysis shall include: (A) Determination of soil texture, indicating the available water holding capacity. (8) An appropriate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate. (C) Measure of pH, total soluble salts, and percent organic matter. iv. The soi/ analysis report shall be submitted to the City as part of the Final Landscaping Plan; 29 37 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design v. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and the irrigation plans to make any adjustments to the design plans. vi. The project applicant or their designated agent shall submit documentation verifying implementation of the soil analysis report recommendations to the local agency with the Certificate of Completion prior to final inspection. 9. Certification. a. An approval stamp and/or signature block from the Coachella Valley Water District and Riverside County Agricultural Commissioner shall be identified on the Final Landscaping Plans. Approval of Final Landscaping Plans from any outside agencies, if necessary, shall be obtained by the applicant prior to final approval of the plans by the planning director. D. Public Education. 1. Publications. a. The city, county or water district will, upon request, provide information to the public regarding the design, installation, and maintenance of water efficient landscapes. b. Information about the efficient use of landscape water shall be provided to water users throughout the community. c. The landscape architect will provide a site -specific landscape irrigation package for the homeowner or irrigation system operator. The package will include a set of drawings, a recommended monthly irrigation schedule and a recommended irrigation system maintenance schedule. d. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape irrigation package: i. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall: (A) Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for the station; and 30 38 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (B) Provide the amount of applied water (in hundred cubic feet) recommended on a monthly and annual basis. (C) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. (D) Whenever possible, landscape irrigation shall be scheduled between ten p.m. and five a.m. to avoid irrigating during times of high wind or high temperature. e. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package: i. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. ii. Repair of irrigation equipment shall be done with the originally specified materials or their approved equivalents. 2. Information shall be provided about designing, installing, and maintaining water efficient landscapes. E. Approval of Landscaping a. Final Landscaping Plans shall be approved by the Planning Director. Median landscaping plans located within private streets and public rights -of -way shall be reviewed by the Public Works Department and approved by the Planning Director. b. Planning staff shall field inspect all completed landscaping for compliance with the approved Final Landscaping Plans and Site Development Permit. Public Works staff shall inspect all median landscaping for compliance with the approved Final Landscaping Plans. statement OF GeFtifdeate of substantial Completion to enSUFe eenfOFFRanee with Final Landseaping Plans. 31 39 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design C. Prior to inspection, the landscape architect shall provide the planning department a copy of the official Certificate of Completion. The Certificate of Completion shall include all of the following: i. Project information identifying the project's location, date of installation, and contact information for all persons involved,• ii. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Final Landscaping Plans; X. Irrigation scheduling parameters used to set the controller; iv. Landscape and irrigation maintenance schedule; v. Irrigation audit report (if applicable); vi. Soil analysis report and documentation verifying implementation of soil report recommendations; and 0. Any additional project information required by the City or local water purveyor. d. Final Certificates of Occupancy may be authorized for issuance once the Final Landscaping Plans have been approved, a Certificate of Completion has been submitted, and the landscaping and irrigation installation has been inspected and approved by both the City and the local water purveyor. Note: Authority cited: Section 65593, 65594, Government Code. Reference: Section 65593, 65596, 64497. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993). 8.13.040 Provisions for existing landscapes. A. Water Management. All existing landscaped areas w ' !:.,,..,eed 1.0 __. (43,560—squaFe feet), including golf courses, green belts, common areas, multifamily housing, schools, businesses, public works, parks, and cemeteries may be subject to a landscape irrigation audit at the discretion of the water purveyor if the water purveyor has determined that the annual maximum applied water allowance has been exceeded f F twesenseeutive yeaFs. At a minimum, the audit shall be conducted by a certified landscape irrigation auditor and shall be in accordance with the California Landscape Irrigation Auditor 32 40 Ordinance No. Chapter 8.13 Water Efficient Landscaping and Irrigation System Design Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990, Version 5.5).). B. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be prohibited. All broken heads and pipes must be repaired within seventy-two hours of notification. Penalties for violation of these prohibitions shall be in accord with administrative citation guidelines as outlined in Section 1.09.020. Note: Authority cited: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.13.050 Appeals. Decisions made by the Planning Director or Public Works Director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the Planning Commission and thereafter the City Council by an application in writing to the Planning Director and City Clerk of the City Council respectively within fifteen days from the date of notification of decision. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.13.060 Effective date. The ordinance codified in this chapter will become effective on . All plans approved after are subject to the provisions of this Chapter. (Ord. 392 § 3 (Exh. A) (part), 2003) 33 41 PH#B STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 10, 2009 CASE NO: SIGN APPLICATION 1997-383, AMEND. #1 APPLICANT: KERR PROJECT SERVICES PROPERTY OWNER: SINELLO PROPERTY MANAGEMENT REQUEST: CONSIDERATION OF A REQUEST FOR A SIGN PROGRAM AMENDMENT TO SERVE SMART AND FINAL EXTRA! LOCATION: ENVIRONMENTAL CONSIDERATION: GENERAL PLAN DESIGNATION: ZONING: BACKGROUND: JEFFERSON PLAZA SHOPPING CENTER; NORTHWEST CORNER OF JEFFERSON STREET AND HIGHWAY 111 PREVIOUS DETERMINATION OF EXEMPTION PER CEQA GUIDELINES SECTION 15311(a) RC (REGIONAL COMMERCIAL) CR (REGIONAL COMMERCIAL) Jefferson Plaza was approved through Specific Plan 1996-027 and subsequent Site Development Permits. The shopping center has several 'mid- to big -box' retailers, including: The Home Depot, Smart & Final, and 990 Only. The shopping center is nearly complete with all but one building pad remaining for development. In 1997, the Planning Commission approved the "Jefferson Plaza Sign Program Phase II" for the western portion of the shopping center. In 2009, as part of a larger corporate shift to accommodate customer shopping preferences, Smart & Final remodeled their La Quinta Store to include additional freezer space and a more diverse product line. Smart & Final stores with these new improvements have been rebranded as "Smart& Final extra!" PROPOSED SIGN PROGRAM AMENDMENT: The applicant requests a sign program amendment (Attachment 1) be approved to accommodate the new corporate sign standards for Smart & Final extra! The proposed sign program amendment would allow an increase in maximum sign area from 50 square feet to 105 square feet for the Retail Building B wall sign. ANALYSIS: The proposed increase in sign area is a result of increasing the existing lettering size from a maximum height of 28 inches to 36 inches, which increases the size of the existing text to 75 square feet, and the addition of the "extra!" text which adds an additional 30 square feet. The current sign program limits the sign area for the Building B wall sign to a maximum area of 50 square feet which is the standard maximum size limit per the municipal code. In order for a sign program to exceed the code's standard limitation certain findings must be made. Per LQMC 9.160.090, the following two (2) findings are listed as justification for an increase in sign area. The first finding, per Section 9.160.090 (E) (1) (a), may be considered to allow the applicant a larger sign to compensate for inadequate visibility. In this case, not only is Building B approximately 400 feet from Highway 1 1 1, but also visibility will be hindered by the proposed location of an additional retail pad that has not yet been constructed as shown on the second page of Attachment 1 The second finding, per Section 9.160.090 (E) (1) (d), may be considered when additional area is needed to bring the size of a sign into proper scale with the facade of a building. As illustrated on page 3 of Attachment 1, the proposed sign at 105 square feet better fits the open flat area of the building's front facade than the smaller existing sign which appears too small and out of scale with the building. Conversely, the proposed size is proportional to the facade and does not appear out of scale with the building, leased frontage, or the shopping center. l yl �FDWle-5I The following findings can be made in support of Sign Application 1997-383, Amendment #1: A. Sign Application 1997-383, Amd. #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 and substantiated in the staff report. B. The increase in permitted wall sign area above that allowed per the Municipal Code is necessary to overcome a disadvantage as a result of an exceptional setback between the street and the sign and to achieve an appropriate 2 proportionality between the size of the sign and the area of the building where it is to be located as substantiated in the staff report. C. Sign Application 1997-383, Amd. #1, as recommended, is harmonious and visually related to all signs as proposed under the sign program, due to the requirement of common use of letter type and size, color and location of signs as specified in the sign program. D Sign Application 1997-383, Amd. #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 as there is substantial distance between the surrounding properties and the Jefferson Plaza shopping center. RECOMMENDATION: Adopt Minute Motion No. 2009 - , approving Sign Application 1997-383, Amd. #1, based on the findings and analysis included in the November 10, 2009 Planning Commission Staff Report for Sign Application 1997-383, Amd. #1, and subject to the following conditions: 1. The Sign Program shall be amended to allow a maximum wall sign area of 105 square feet for Retail Building B. 2. Approval of SA 1997-383, Amd. #1 includes installation of the proposed Smart and Final Extra sign as submitted (Attachment 1) subject to issuance of a building permit. 3. The applicant shall provide the Planning Department three (3) copies of the amended sign program (SA 1997-383) prior to issuance of a building permit for installation of the sign. Prepared by: Eric Ceja, Assistant Planner U Attachments: 1. Sign Program Amendment Package 2. Site Photos 3 F- z w x U g ■ 04 wv, i ulS n a € s i4s jig ; €is :� # 14 Alt nlrrrmrm>, '� '` n d�mmnmrmnmm. vmr�nrmTR F11 lu, of ti 141A1 � 14111" 1 � I It 1 � f 1 � " �11"•"' 1„11 ` n 1 oo � A41, � Q F{11 1' �11 55g ., 1� �1ll b I gt l 1 C — "y ullP i jim I o�;` F�I gill 'I #}�aIlo IZ nid Rill 3 i !o€�all Fill v 6a 3 Ali m �Ii4l4fjil'1�11 �SIM§|/ $| J2 *#4r#4 0 4 L a 0 ( \) k t]K� 8i1, M7,11, yy��Aa3 N K' FW F W J J W W j 6 U S 6 N G7 �? F F'F, W J` z3 IN 6 O 4 W V 2 N J S g In Cm* a .1t a.y " 11 liltil jljai® 0 c a S t 3131 € s 5 g �1 8 o uyW ffY12��i$ � w a' m � yZe \\ \\ / /� � \ . _------ ---- _ � ( ) SITE PHOTOS ATTACHMENT R 2 Looking North towards the site � � MyF. • � VJ Mt � ^v14 ��-I b i". �S ]Il]'vYV 51.1':.=,�C'3P A9nePV44rttdJ]valC Aerial view of the site Page 1 of 1 CORRESPONDENCE 1 WRITTEN MATERIAL 'G Wwm L. iPttget Wa Vaddws. 41.0. ®aC975 La Qtdnta, Ca&fomia 92247 By Hand November 2, 2009 Mr. Wallace H. Nesbit Principal Planner City of La Quinta Planning Department P.O. Box 1504 La Quinta, California 92247 Re: Proposed Expansion of La Ouinta Resort & Spa Dear Wally: 77-600Awada 4'mmn6o La Qidnta, CaBfornia 92253 (760)7714730 64Tpaget0dcrrcom Last Saturday we had an unintended preview of the passenger bus circulation contemplated by the Resort's plans. The results were awful. If you can imagine that your home was directly across the street from a Greyhound Bus Depot that would give you a fair idea of the experience. Starting early Saturday afternoon and continuing thru the early evening, there were three large passenger buses shuttling guests to a concert in Indio. The buses traveled a consistent circuit entering the hotel property from Fernando and exiting out the hotel entrance. But that was not the problem. The buses would park in the easterly drive aisle after making their entrance onto hotel property from Fernando. There they would queue for various lengths of time, but during that entire time they would idle their engines. This doesn't sound too egregious until you remember that the sound exactly replicates the experience of standing across from a bus depot — for five and a half hours, constant, from at least 1:45 p.m. to 7:15 p.m. as the continued this cycle. A good length of time has passed since we had a similar problem which prompted me to send a letter to the City, a copy of which is enclosed. But when the problem continued this past Saturday it occurred to me that perhaps due to a change of personnel at the hotel Mr. Wallace H. Nesbit November 2, 2009 Page 2 the bus issue had been forgotten. So I called the hotel manager and when he or she was not available I left word about the problem and then spoke with Malcolm, head of security. Malcolm reminded me that we had spoken before and expressed familiarity with the bus problem, making the observation, rightly so, that it had been some time since we had had this issue. He went on to explain the designated bus circulation for this current event and said that the hotel had a contract to provide the service. I told Malcolm that the problem not the bus circulation; it was the extended idling while they were parked. (That said, had I known how long this circulation would last I would certainly have objections.) I told him it is noxious from a noise perspective and, not incidentally, illegal for them to be idling for the time periods they were. Malcolm said he would take care of the problem. Several hours later after nothing had changed, I called hotel security again and spoke with Danny. He had been apprised of my earlier call with Malcolm. He said they would send over a security officer to correct the problem. But the aggravating noise continued. The problem is exacerbated, as we have noted on several prior occasions, by the bowl configuration of the mountains which amplifies any noise and especially the penetrating sound of diesel engines which do indeed cause vibrations in our home. Our neighbor, Steve Davis, was not exaggerating when he talked about the vibrations caused by the delivery trucks. My guess is that both Malcolm and Danny made the effort to get the drivers to cooperate, but probably had no more success than I did, as mentioned in my enclosed letter. Notwithstanding all the foregoing, I do not write this letter to complain about this specific incident. Indeed, if we could be assured that it would only occur a couple of times a year we would accept the inconvenience. My main objective here is to demonstrate that the bus circulation pattern, and related parking rules and regulations, in the Resort's most recent plans need much further scrutiny. When these plans were last presented to us, there was general agreement that the hotel would have a built-in incentive to minimize the bus activity at their arrival point because it would be as much of a nuisance to the hotel's guests as it would be to off -site residents. However, the fact that the hotel evidently directed this recent bus activity and either allowed or was unable to stop the unrelenting noise, clearly means that there needs to be a more certain mechanism to control this noxious condition. I absolutely detest being the caricature of the disgruntled homeowner proposed to any new development. But we are left with no other choice but to protect our long-term interests against the succession of short-term hotel owners whose only objective is to try to reposition the asset for a resale. Mr. Wallace H. Nesbit November 2, 2009 Page 3 Please let me know if you have questions or would like to discuss this further. Si y, tam L. Puget WLP/bp encl. cc: Mayor Don Adolph (w/encl.) Mayor Pro Tern Terry B. Henderson (w/encl.) Council Member Linda Evans (w/encl.) Council Member Kristy Franklin (w/encl.) Council Member Stanley Sniff (w/encl.) Planning Commissioner Paul Quill (w/encl-) Planning Commissioner Robert Wilkinson (w/encl.) Planning Commissioner Edward L. Alderson (w/encl.) Planning Commissioner Mark Weber (w/encl.) Planning Commissioner Katie Barrows (w/encl.) 14a ovemight Mail June 25, 2007 Mr. Roger Swadish Vice President, Operations La Quinta Resort and Club 49-499 Eisenhower Drive La Quinta, California 92253 Re: Cardiff Tour Buses Dear Mr. Swadish: /f , r 601 South ffiguem Street 47th q?fw LosArrgelu, Ca&fww 90017-5752 (213) 629-6549 For more than 20 years my wife and I have lived at 77-600 Avenida Fernando in La Quinta. Our home is located directly across the street from the bailroorn/conference facilities and parking lot of the La Quinta Resort and Club (the "Hotel"). Approximately three weeks ago I tried to reach you to express my concern about the Cardiff tour buses idling in front of the ballroom of the Hotel. Evidently you were in a meeting, but I explained the purpose of my call to the gentleman with whom I spoke. I believe his name was Sergio Bocci. I told Mr. Bocci that despite our disappointment with the prior operations of the Hotel under the ownership of CNL Hospitality, I was hoping that the change in ownership to Morgan Stanley might afford the opportunity for a new direction in our relationship as neighbors rather than feel compelled to send a letter to the Mayor and members of the City Council. He said he would give you a message to call me, indicating that it would probably be that same afternoon. I never did receive a return call. So I do feel obliged to follow up with a more detailed explanation concerning the buses. About a month ago, on a Saturday afternoon, three Cardiff tour buses were parked and idling in front of the Hotel's ballroom facilities. I believe that UBS had an event at your Hotel at the time. The noise from these diesel buses is always noticeable and exacerbated because the sound reverberates around the mountains. But after 15 or 20 minutes, it can't be ignored and it becomes a genuine nuisance. So I walked across the street to the parking lot and asked one of the drivers of the unoccupied buses how long he intended to stay parked there. He replied by telling me Mr. Roger Swadish June25,2007 Page 2 that he was staying there until their tour group had boarded. I made the observation that the noise was bothersome and I didn't think it was legal for him to continue to parking there while idling. His response to me was that he could stay there for as long as he wanted. I was pretty certain that was not the case, but the driver's attitude made it clear that he was not about to listen to me. I told the driver that I would let the Hotel deal with the problem. I returned to our house and called the Hotel's Loss Prevention department, explained the problem and was told that they would take care of it. At least another 20 or 30 minutes went by before the buses finally left. Having been sufficiently aggravated by the noise and the experience, the following week I was in touch with the California EPA — Air Resources Board to find out about the rules governing idling buses. I learned that under California regulations diesel buses such as Cardiff's may not idle without passengers for more than 10 minutes, confirming my recollection. Before placing my call to you I called Cardiff Limousine in Palm Desert and asked to speak to the manager who is in charge of the buses, explaining the purpose of my call. The receptionist informed that the company is owned by Gary Cardiff. She said that I would need to speak to him, but since he was out of town she would leave him a message to return my call upon his return. I never received a call back from Mr. Cardiff. On the day when this situation occurred, I don't know if anyone from Loss Prevention asked the drivers to, shut off their buses subsequent to my call. It could certainly be the case that they asked the drivers to do so only to find the drivers as uncooperative as the person with whom I spoke. It should be obvious that Avenida Fernando was never intended to be exposed to the noxious fumes and noise of a bus depot environment. As it happens, I learned the following day from our neighbor, Steve Davis, that the noise from those buses was so loud that independently, and without knowing my own agitation, he took noise readings from his house at levels above 80 decibels, well beyond the City's regulations. Mr. Roger Swadish June 25, 2007 Page 3 But as much as these buses represent an undeniable and unlawful nuisance, there is another equally disturbing point that is underscored by this experience. If the Hotel ever expected to get approval.for its water park subject to the thirty -plus conditions required by the City, or for that matter any other project requiring discretionary approval, why should anyone believe that any of the new conditions, as well as existing laws and regulations would be observed and enforced? At a public hearing we were told that the Hotel had instituted a new emergency response procedure to handle matters such as the bus problem. Perhaps I am mistaken, but I would have thought that the Hotel, for the sake of its credibility, would not have postponed its implementation until the water park was opened. Since this matter with the buses occurs periodically, I would respectfully request that you establish some kind of policy that will effectively prevent the tour buses from operating in a rude, noxious and unlawful manner. in rely liam L. Puget 121101 0 „ cc: Mayor Donald Adolph Mayor Pro Tem Stanley Sniff Council Member Tom Kirk Council Member Terry Henderson Council Member Lee Osborne Gary Cardiff Y�y f,aau- RESORT & CLUB November 6, 2009 Mr. William L. Puget P.O. Box 975 77-600 Avenida Fernando La Quinta, CA 92253 RE: Letter Dated 11 /2/09 Dear Bill, Thank you for returning my phone call yesterday; it was a pleasure talking to you. First let me thank you for bringing this concern to our attention. Please know that I fully appreciate the annoyance of sustained noise and vibration that you experienced Saturday, October 31" As discussed, this is a very infrequent issue and one that we have made provisions for handling in more suitable fashion. It's unacceptable that the bus drivers did not follow die direction they were given and the follow-up by our security department was disappointing. We have taken corrective action to ensure this situation does not occur again, especially with the "idling" over extended durations. Our plans do factor in the quality of life for the families that share our borders and we strive to be good neighbors. I appreciate your concern and would encourage you to call me directly should you have this or any other issues with the resort in the future. WTrm re ds, / G� Ralpf, ick Managing Director LA QUINTA RESORT & CLUB® AND PGA WEST m THE WALDORF=ASTORIA COLLECTIONS CC: Mayor Don Adolph. Mayor I'm Tem'rcrry B. 1-Iendersun Council Member Linda Evans Council Member Kristy Franklin Council Member StanICY Sniff Planning Commissioner Paul Quill Planning Commissioner Ruben Wilkinson Planning Commissioner Edward L Alderson planning Commissioner Mad: Weber Planning Commissioner Katic Barrows 49-499 Eisenhower Drive, L Quima, GJifornia 92253 www,Iagointarasorr.com Tel, 760.561: f 111 fin' 760.561.57IS