PC Resolution 2012-009PLANNING COMMISSION RESOLUTION 2012-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2012-107, 1.) A
PROVISION TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL
STORES HAVING GREATER THAN 100,000 SQUARE FEET OF
GROSS FLOOR AREA (§9.100.120), AND 2.) MODIFY THE
PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL
EVENTS (§9.100.130).
CASE NO.: ZONING ORDINANCE AMENDMENT 2012-107
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 24`h of April, 2012, hold a duly noticed Public Hearing for
review of a Zoning Ordinance Amendment to allow outdoor sales and display at
retail stores greater than 100,000 GFA (§9.100.120), and to modify the permitted
frequency of sidewalk sales and commercial events (§9.100.130), and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
determined that the Amendment is exempt pursuant to Section 15061(B)(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on April 13, 2012, as prescribed by the
Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard,
said Planning Commission did make the following mandatory findings
recommending approval of said Zoning Ordinance Amendment:
1. The proposed Zoning Ordinance Amendment is consistent with the goals,
objectives and policies of the General Plan, insofar that it does not create
any new or changed conditions to the environment, is intended to encourage
and enhance economic growth, and allow for the continued high quality of
development in the City.
2. Approval of the Zoning Ordinance Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have
Planning Commission Resolution 2012-009
Zoning Ordinance Amendment 2012-107
April 24, 2012
no impacts on the public health, safety and welfare. Each action taken as a
result of this code amendment will have their conditions individually
reviewed for conformance with public health, safety, and welfare standards.
3. The Zoning Ordinance Amendment has been determined to be exempt from
the California Environmental Quality Act in that the proposed changes to the
Municipal Code will have no effect on the environment. Furthermore, each
application submitted as a result of this Amendment will be assessed under
the California Environmental Quality Act on a case -by -case basis.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 2012-107 as set forth in attached Exhibits A and B
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 241" day of April, 2012, by the following
vote, to wit:
AYES: Commissioners Barrows, Weber, Wilkinson, Wright, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: None
'kEDALRSON, Chairman
/� City of La Quinta, California
ATTEST: / I
J01MON, Planning Director
of La Quinta, California
"Exhibit A"
9.100.120 Outdoor storage and display.
A. Purpose. This section provides regulations for the permanent outdoor
storage and display of merchandise, materials and equipment.
B. Where Permitted. The storage and/or display of any merchandise,
materials or equipment outside of an enclosed building is prohibited except
where permitted in accordance with this section, Section 9.80.040
pertaining to permitted uses, Section 9.100.130 pertaining to sidewalk sales
and special events, or where permitted by a conditional use permit.
C. Equipment, Lumber and Storage Yards. Any uncovered equipment
and/or materials storage area, including vehicle storage, shall comply with
the following regulations:
1. Use Permit. The establishment of any outdoor equipment or
materials storage use shall require approval of a conditional use permit
pursuant to Section 9.210.020.
2. Location. An equipment, material or storage yard use shall only
be located where a main building is permitted by the applicable district
regulations.
3. Screening. Outdoor storage yards shall be screened whenever
they abut the boundary of the building site or are located between a
building and an abutting street. The screening materials shall be not
less than five feet high and shall be in compliance with Section
9.100.030 (Fences and walls). Screening may consist of one or a
combination of the following types:
a. Walls. A wall shall consist of concrete, stone, brick, tile
or similar type of solid masonry material a minimum of six
inches thick.
b. Solid Fences. Solid fences may be used for screening if
approved by the decision -making authority. Such fences shall be
constructed of wood or other materials with a minimum nominal
thickness of two inches and shall form an opaque screen. All
wood fencing shall be constructed of not less than a grade of
construction heart or merchantable and better redwood or No. 2
and better (no holes) western red cedar, stained or painted to
match or complement the adjacent wall or structure.
Alternatively, if left in natural color, all wood shall be treated
with a water -repellant material.
C. Plant Screens. Plant materials, when used as a screen,
shall consist of compact evergreen plants. Such planting shall
be of a kind or used in such a manner so as to provide
screening with a minimum thickness of two feet within eighteen
months after initial installation. Permanent automatic irrigation
shall be provided. If, eighteen months after installation, plant
materials have not formed an opaque screen or if an opaque
screen is not maintained, the planning director may require that
a wall, solid fence or berms be installed.
D. Outdoor Display and Sales. Outdoor sales and display areas in
conjunction with retail uses such as nursery and garden supply stores or
departments within retail stores shall comply with the following standards:
1. Fencing. The outdoor sales and display area shall be enclosed
by a wall or fence at least four feet high which obscures views from
streets or public parking areas into the area. The color and materials
used to fence the area shall be complementary to the color and
materials used in buildings on -site. Chain link fencing is not permitted.
2. Building Design. When the outdoor sales area is an extension of
retail uses within an adjacent building, it shall be enclosed by a wall
which is, by exterior appearance, an extension of the adjacent
building. The design of the building and outdoor area shall appear as a
single structure.
E. Outdoor Display and Sales for Commercial Retail Uses Greater than
100,000 Square Feet. Outdoor display and sales areas in conjunction with
retail commercial businesses having over 100,000 square feet of gross floor
area (GFA) may be permitted subject to the approval of a conditional use
permit in accordance with Section 9.210.020. The conditional use permit
shall establish standards for each facility in addition to the requirements of
this section:
1. Area. Outdoor display and sales areas shall not exceed 10% of
the gross floor area of the retail commercial building.
2. Locations. Outdoor display and sales areas shall be restricted to
those locations identified on an approved plan -designated area and
shall comply with the following standards:
a. Permitted locations for outdoor display and sales areas
shall be in conformance with all current fire, health, building and
safety codes.
b. Outdoor display and sales areas may be permitted within
designated portions of sidewalk, patios, and similar areas within
proximity to the storefront.
C. No outdoor display and sales area shall obstruct an
entrance or exit to any building, impede the flow of pedestrian
or vehicular traffic, or obstruct access to any parking space or
drive aisle.
d.
Permanent
modifications to the
building, landscaping, or
site plan
for purposes
of outdoor display
shall require approval
through
the City's
development review
process.
3. Performance Standards. Items and materials to be displayed
outdoors within designated areas shall comply with the following
standards:
a. All items and materials to be displayed outdoors shall be
in conformance with current fire, health, building and safety
codes.
b. No item shall be displayed in a manner that causes a
safety hazard or public nuisance.
C. Fixtures, and tables used to display merchandise shall be
maintained in good repair.
d. Signs, flags, banners, placards, balloons, streamers, spot
lighting amplified music, or similar features shall be prohibited
unless otherwise permitted and approved through a separate
sign permit.
e. Outdoor display and sales areas shall be kept clean and
maintained on a continual basis.
4. Authority to Suspend Operations. Failure to comply with these
provisions is subject to suspension or revocation of a permit.
F. Vehicle Sales. The outdoor display and sales of vehicles shall be
subject to the approval of a conditional use permit in accordance with
Section 9.210.020. The use permit shall establish standards for each such
facility. Such standards shall include at a minimum:
1. Landscaping. Perimeter landscaping conforming to that required
for the applicable zoning district per Chapter 9.90.
2. Lighting. Outdoor lighting conforming to the standards of
Section 9.100.150.
3. Vehicle Display. Precise delineation of the location and limits of
outdoor vehicle display and storage areas, plus prohibition of focal
display areas elevated more than one foot above the average finish
grade of the overall outdoor display area. (Ord. 325 § 1 (Exh. A)
(part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
"Exhibit B"
9.100.130 Sidewalk sales and commercial events.
A. Purpose. This section provides regulations for: (1) the temporary
outdoor sale of merchandise by retail businesses, and (2) special outdoor
commercial events within shopping centers.
B. Definitions. For purposes of this section, the following definitions
shall apply:
1. A "sidewalk or parking lot sale" means the temporary outdoor
display and sale by a retail business, of merchandise which is
normally displayed indoors at the same location as the outdoor sale.
2. A special commercial event means the temporary outdoor
display and sale of merchandise, not necessarily sold indoors at the
same location, arts and crafts shows, entertainment, or similar
events within a commercial center.
C. Temporary Use Permit Required. Sidewalk sales and special events
in commercial centers are permitted subject to issuance of a temporary
use permit and compliance with the following provisions:
1. The application for a temporary use permit for a sidewalk sale or
a special commercial event shall include a site plan indicating the
location of the temporary uses and demonstrating maintenance of
adequate parking, site circulation and emergency access.
2. A sidewalk sale or a special commercial event may be
conducted over a maximum of four consecutive days and no more
than once per month within fOUF ealendaF menths at any location,
not to exceed six times per year. Each such event shall require the
approval of a temporary use permit. Special commercial events
which benefit nonprofit organizations can be held more than epee
six times per year if conducted on sidewalk areas
and approved by the planning director FegaFdless of v•ln^
3. Adequate and legal pedestrian access shall be maintained
around merchandise or displays placed on a sidewalk or walkway.
4. Adequate vehicle access shall be maintained around
merchandise, displays or temporary structures placed in parking
areas.
5. A cash bond or other guarantee shall be posted for removal of
the temporary use and cleanup and restoration of the activity site
within seven days of the conclusion of the event.
6. The application shall be reviewed by the fire marshal and the
event shall comply with fire prevention standards and emergency
access requirements as approved and enforced by the fire marshal.
7. Temporary signs may be permitted subject to the provisions of
Section 9.160.060 (Permitted temporary signs). (Ord. 325 § 1 (Exh.
A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)