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2012 11 27 PCPlanning Commission agendas and staff reports are now available on the City's web page: www.ia-puinta.org PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, NOVEMBER 27, 2012 AT 7:00 P.M. Beginning Resolution No. 2012-029 Minute Motion No. 2012-007 CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. Approval of the minutes of October 23, 2012 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a 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. 1. Continued - Consideration of Conditional Use Permit 2012-143 submitted by Crown Castle — Susan Makinson - for a Single Distributed Antenna System (DAS) within the Public Right -Of -Way at the Southeast Corner of Avenue 50 and Park Avenue. 2. Consideration of Zoning Ordinance Amendment 2012-111 - Certain Amendments to the La Quinta Municipal Code; Chapter 9.160, Signs, and Certain Sections Related Thereto. Location: City-wide. BUSINESS SESSION CORRESPONDENCE AND WRITTEN MATERIAL COMMISSIONER ITEMS 1. Report on City Council meetings of November 6, and 20, 2012 2. Upcoming Council meeting attendance: Commissioner Alderson - December 4, 2012, Chairwoman Barrows — December 18, 2012, Commissioner Weber — Re -scheduled meeting date, January 2, 2013, and Commissioner Wilkinson — January 15, 2013. DIRECTOR'S ITEMS 1. Joint Council Meeting Discussion Items 2. Discussion of Holiday Schedule (12/25/12) ADJOURNMENT The next regular meeting of the Planning Commission will be held on December 11, 2012, commencing at 7:00 p.m. at the City Hall Council Chambers, 78-495 Calls Tampico, La Quinta, CA 92253. 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 was posted inside the north entry to the La Quinta Civic Center at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 20, 2012. DATED: November 20, 2012 CAROLY WALKER, Executive Secretary City of La Quinta, California PUBLIC NOTICES The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the 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 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 meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 23, 2012 CALL TO ORDER A regular meeting of the La Quinta Planning Commission 7:03 p.m. by Chairwoman Barrows. Commissioner Weber led the Commission in the PI PRESENT ABSENT STAFF PRESENT: Commissioners Alderson, Barrows. 11 Commissioner Wright Planning Mar Mogensen, P Jay Wuu, and PUBLIC COMMENT - No CONFIRMATION P :1 E a APPROVAL OF M Ef z Motion MR w Plann ommi N ad of the follo Co m inner Wilkin. Hearin 'u A, after called to order at Chairwoman David Principal Planner Andrew Planner y Nesbit, Associate Planner khrOqPrreta' rolvn Walker. by Co' sioners Alderson/Weber to approve the of September 25, 2012, as submitted with the asked for the following item to be added to Public agraph 6: `4� . Commission`s on asked what the cost was on a project like this. Mr. Roach re ded the total cost for buildings, land and all the development costs was about twenty -plus million. The construction costs could be $100-$110 per square foot. AYES: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None 1 An additional comment was made by Commissioner Weber noting the new streamlined minute format and saying that, in the future, he may be asking that specific items, actions and questions be added to the minutes. PUBLIC HEARINGS 1. Consideration of Site Development Permit 2012-923 submitted by Master Association of Rancho La Quinta for Development Plans for the expansion of the Rancho La Quinta Jefferson Street Gatehouse, locate at 49-003 Jefferson Street. Associate Planner Jay Wuu presented the staff in the Planning Department. Chairwoman Barrows asked if there There being no further questions of applicant would like to speak. Mr. Curtis Shupe, Curtis R SI Palm Desert, designer of thej Quinta, introduced himself and Commissioner Ald me A. • Whet N a applica • If the s ng wa • If the flag act mould be cant respon of i v< n changing. • The of of which is on file if the esign, 72` Fred Waring Drive, Suite A5, the Association of Rancho La �r4 ver aiestions. UUY < rea d accepted the ALRC comments. the palm tree removal. on all points except the stacking; which would on: on additional landscaping; as what is shown is very spa • Shade, and the addition of bougainvillea, would be an advantage to the southern exposure. Mr. Shupe said the perspectives shown were deliberately sparse to highlight the design of the buildings, but the intent was to continue the type, style, and extent of landscaping currently there. He pointed out other exhibits showing the landscaping, as well as the planter area which allowed additional landscaping opportunities. 2 2 Mr. Shupe explained their electronics consultant's equipment concern hen about di directedextensive the landscaping and moisture -proofing their Commission to Site Plan Sheet No. 2. Chairwoman Barrows asked if there were any more questions of the applicant. There being none she asked if there was any public comment. There being no other public comment, Chairwoman Bar ws closed the public hearing portion of the meeting and opened the y_ er for Commission discussion. Affl General discussion followed on: y' . Whether the ALRC recommends on additionascaping were included in the conditions; whi aff confirmed had covered in Condition No. 35.ORB``' ' There being no further questions or discus as moved and seconded by Commissioners Weber/Alder ',..adopt Re on 2012-026 recommending approval of Site Development 2-9 3 ted. 1 AYES: Commissioner Iderson, '" missi ` ber n, a Chairwoman Barrows - h; °" 9 tIN: None NOES: None AB : ,.�, Consideratio Conditio Use it 2012-145 submitted by Tait & Associates, 160g,14or a al to a a,. four (4) temporary metal storage containers durinOk s The containers are to be located at the tip erc 79 291) ay pal" Planner re ensen presented the staff report, a copy of which is rile in the Pla De ` ant. ., RnrrnwS ` ked if there were any questions of staff. on: • The Holiday Reminder letter was very proactive. • That there was a definitive removal date (January 15, 2013). Commissioner Alderson commented on: Previous problems with holiday containers being removed on a timely basis. 3 The importance. of the location of the containers and the lack of site pollution. The importance of a definitive removal date. There being no further questions of staff, Chairwoman Barrows asked if the applicant would like to speak. Mr. Greg Fick, Tait & Associates, 701 North Park. Center Drive, Santa Ana CA 92705, representing Walmart Supercenter introduced . imself and said they reviewed the conditions and had no objections to t .... He then offered to answer any of the Commissioners' questions. ;A�M0 Commissioner Weber asked if he had dealt cities. And, if so, were La Quinta regL compared to those other cities. Mr. Fick responded some were more 'N experience with La Quinta was good. It Chairwoman Barrows asked ' .;;;.. were There being none she asked if y m a There being no otherMIT blic hearing portion discussion 2 There being no Commissioners reco Commi: i None 3. Zoning nar considers A. Parking, and thws ty permitting in other s more ant or more lax ande e more trhv4 t, but his as efficient. questions of the applicant. iblic comment. irrows closed the public matter for Commission or dim=- sion, it was moved and seconded by "' adopt Resolution 2012-027 Ztii" se Permit 2012-145 as submitted. , Weber, Wilkinson, and Chairwoman Barrows asioner Wright ABSTAIN: None t 2012-109 submitted by the City of La Quinta for s to the La Quinta Municipal Code; Section 9.150, thereto. Location: City-wide. Principal Planner ally Nesbit presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. Commissioner Weber commented on: • Side entries and their clarification in the amended Ordinance. 4 Commissioner Alderson commented on: • The phrasing of the amended Ordinance and how it covered many conditions and situations. Chairman Barrows commented on: • Clarification of locations, other than the Cove, whtandem parking was allowed. , : W • The possibility of extra garage space bei sed for non compliant activities; such as residential businesses Staff explained the differences between stated in the Parking Ordinance relating 1 City's role was to make sure a certain a residential building plan, but not to exception to this would be if there wai garage space was being utilize Staff noted the Amendmen Neighborhood Association for There being no there was any There being n portion of the is Staff this Was previ versus currently sized tandem ` ° as. Also, the of garage space included in ho a space w ad. The code issue wi' h how the presented to the Cove did 60., Mlave any concerns. Barrows asked if k air lic co Chair an Barrows closed the public hearing e er for Commission discussion. er �. ented on: er as h' bou a Commission overturning the Director's ition suggested using caution in the future. the act, which pre-empted these changes, is still moving Chairwoman Barrows thanked staff for their efforts to bring forth consistency to the Code. There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-028 recommending approval of Zoning Ordinance Amendment 2012-109 as submitted. 5 AYES: Commissioners Alderson, Weber, Wilkinson, and'Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None BUSINESS SESSION 1. Consideration of the Fiscal Year 2012/2013 Planning Commission Work Program. :rid Planning Manager Sawyer presented the items 0 102ch is in the 2012/2013 n 0 file in the 01, Planning Commission Work Program, a copy mR' i.r Planning Department. Commissioner Comments follow. Parking Regulations Update: Al Yd- • Commissioner Alderson - su."'.t d riding the width of the parking stalls from the minimum feet to ten feet. He gave examples as to wh uld be M effective. • Commissioner Weberark the be addressed with the I on er the parking needs of re ons parking : = an Jii Rltamati; such (nek'i hood electric vehicles) golf motor scooters, "M ­ • Chai an B asked here was a possibility of looking at M11- HP requiring rking. (Staff responded they were hether 't ios were accurate and expanded on q min an x1mum parking ratios.) She said the City of Palm Desert" sta 'lity aCommission was doing volunteer work on parking as A"— uggested staff contact them on their findings. !ih She was c med about the heat islands caused by large parking lots ng the H way 111 corridor and encouraged staff to come up with inn ve solutions. She also encouraged staff to continue to lo ing parking lots more pedestrian -friendly. in the Village Commercial D • Commissioner Alderson - said he had a problem with the payment of an in -lieu fee instead of adhering to the Code. (Staff explained the use of the in -lieu fee and pooling funds for purchase of future parking lot property.) Ll Commissioner Weber - said an in -lieu fee was a way of funding a resource (future Village parking lot) which was needed and it was an important thing to do. He commented on the funding allotted for this item and relayed his recent conversation with the Planning Director. He suggested staff recommend the Council approve additional funding, possibly for a consultant to make sure we put our best effort forward to eliminate any problems on the "back side". Chairwoman Barrows — said it makes sense o consider a Parking Improvement Area for the Village. Temporary Sign Ordinance: Commissioner Alderson asked if t mmissiok Id be addressing political signs. (Staff said t . , ere tempora�+,gns and were covered under the Temporar Ordinance. A dec had not yet been made on how, or they w be addr in this ,R amendment.) ' s •mit Efficiency and Stre$� tea,;� . • Commissioner Alders =Post. example of the chart available inilding & ety wethe sequence of events and the each ' . j He s ;' would be awfully helpful if an ap t co ?me i ok at a chart, and tell were their plans we , without .,." ing to er the Counter Tech. .ep.,m v IN .^;;, • Comrrn ;_ v.. if there was a way to identify time Me permit ty (Staff responded they were still in the con al s on how to streamline and make adjustments.) He sugges '' hat streamlining not be tied to a specific time frame; such as 30 0 days, due to scheduling on the part of the AN applicant; instead to explain what time frame the applicant could ically ex' " t. He also suggested that recurring applications, such e co ers reviewed earlier, could be approved annually by staff if no complications or issues from the previous year. • Commissioner Weber - customer service and streamlining are very important. There should be a standard and he suggested staff could check on industry standards to find out what their best practice was and use that as a benchmark. • Chairwoman Barrows - asked if the City had considered on-line streamlining for simple permits as well as an on-line database and application system, such as that described by Commissioner Alderson, for tracking an application's progress. (Staff commented on the City's efforts to update current computer applications which could include taking advantage of technology to provide better methods of informing applicants of their project's status.) She suggested the City consider fee waivers or permit streamlining, as a reward, to draw in certain types of permitting such as solar installations, and projects with lowered parking ratios. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS 1. Report on City Council meetings of October 2, 2. Commissioner Wilkinson is scheduled Council meeting. 3. Commissioner Weber commented on the for paying a half of the registration fees commended Planning Direct Jol Conference, held at Rancho La STAFF 6, the Noverr� 6, 2012, City ence and thanked the City attend the conference. He was the Co -Chair of the ADJOURNMENT:. v� There being niii,A urther iness was moved by Commissioners Alderson/Wilkinson :11 P.M. AYES mis s son, Weber, Wilkinson, and Chairwoman Barrows NO 6)" v one ABS Co .. sioner Wright ABSTAIN: None submitted, CAROLYN WALK ; ecutive Secretary City of La Quinta, California I-] PLANNING COMMISSION PH # 1 STAFF REPORT DATE: NOVEMBER 27, 2012 CASE NO.: CONDITIONAL USE PERMIT 2012-143 APPLICANT: CROWN CASTLE - SUSAN MAKINSON REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT-OF-WAY AT THE SOUTHEAST CORNER OF AVENUE 50 AND PARK AVENUE LOCATION: PUBLIC RIGHT-OF-WAY - AVENUE 50/PARK AVENUE (ATTACHMENT 1) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QAULITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS RECOMMENDED ACTION: Adopt Planning Commission Resolution 2012 - , approving Conditional Use Permit 2012-143, subject to conditions, for the placement of DAS and ancillary equipment within the public right-of-way at the southeast corner of Avenue 50 and Park Avenue. . EXECUTIVE SUMMARY: The Planning Commission, at their September 11, 2012, meeting heard a request from Crown Castle to install a single telecommunication pole and equipment cabinets along the south side of Avenue 50 near Heatherglen. At that meeting the Planning Commission expressed concerns with placement and visibility of the pole and directed the applicant to explore additional options. Subsequently, Crown Castle revised their application and is requesting to attach their telecommunication antenna to an existing intersection street light pole at the southeast corner of Avenue 50 and Park Avenue (Attachment 2). The applicant has worked with Staff to ensure that the new location addresses the Planning Commission's concerns and is working out the details for a lease agreement with the City Manager's Office. ANALYSIS: Chapter 9.170 of the La Quinta Municipal Code regulates the use of Wireless Telecommunication Facilities. This section establishes setbacks and operational standards for newly proposed towers and co -location on existing towers. Per Chapter 9.170, telecommunication equipment is permitted in the right-of-way. In addition, the code encourages co -locating telecommunication equipment on existing structures, such as street light poles, to minimize the total number of telecommunication poles in the community. The proposed attachment of telecommunication equipment on the existing street light/signal pole is conditioned to comply with all standards listed in the Municipal Code's Telecommunication Ordinance as well as street signal standards administered by the Public Works Department. Chapter 9.170 encourages co -location of poles and antenna equipment to minimize adverse visual impacts and the proliferation of telecommunication towers in the community. The proposal to co -locate telecommunication equipment on an existing street light/signal pole will be significantly less visually obtrusive than the previous proposal for a new pole along Avenue 50. The attachment of equipment will not interfere with pedestrians utilizing the surrounding sidewalks and will be no greater a visual impact than other similar type equipment attachments on street pole lights. In addition, conditions of approval have .been included to ensure the equipment will have a minimal impact on the structural integrity of the street light pole. The proposed height of the antennas will not cause significant radio frequency (RF) interference with existing and approved telecommunication services in the area, nor will it interfere with existing City infrastructure. The proposed antennas will increase service options for customers within this portion of the City. The proposed attachment is the third of four total Distributed Antenna System (DAS) locations that Crown Castle is proposing in the City (Attachment 3); the Planning Commission previously approved a DAS at Eisenhower Park and at the Jefferson Street /Avenue 52 roundabout. The DAS or "nodes" are part of a larger network of antennas that fill in smaller coverage gaps, such as those gaps in this portion of the City. DAS towers are smaller, require less energy, and improve telecommunication coverage over smaller areas than non-DAS or "macro" towers. DASs are connected to a "HUB" site via fiber-optic cables. The HUB site for Crown Castle's proposal is located at Fire Station #70, at the southwest corner of Avenue 54 and Madison Street. The DAS expands telecommunication networks capacity for high-speed data transmissions by using less energy, having low interference levels, and relaying data information to the macro -site. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on November 14, 2012, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.1 10 of the La Quinta Municipal Code. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2012-recommending approval of Conditional Use Permit 2012-143. Prepared by: Lam-- zl;.,. Eric Ceja, sistant Planner Attachments: 1. Site Map 2. New Location Photo Simulations 3. Proposed Crown Castle Sites PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT OF WAY AT THE SOUTHEAST CORNER OF AVENUE 50 AND PARK AVENUE CASE NO.: CONDITIONAL USE PERMIT 2012-143 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27" day of November, 2012, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the placement of a distributed antenna system (DAS) on the existing street light/signal pole located at the southeast corner of Avenue 50 and Park Avenue, in the City of La Quinta; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 14' day of November, 2012, for the 27' day of November, 2012, Planning Commission . meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and by mailing a copy of said public hearing notice to all property owners and residents within 500 feet of the site; and WHEREAS, the location and placement height of the telecommunication equipment and distributed antenna system on the existing street light/signal pole will minimize adverse visual effects of the equipment and will decrease the need for additional telecommunication poles and equipment on the surrounding area; and WHEREAS, the placement of the distributed antenna system on the existing street light/signal pole will improve telecommunication service options within this portion of the City of La Quinta; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The design and placement of antenna equipment are consistent with La Quinta General Plan (Chapter 7) that requires utilities and communication facilities to blend in with the surrounding improvements and insures residents have access to reliable telecommunication services such as wireless telephones. The location of the antenna equipment on an existing street light/signal pole at this site will have a negligible impact on the surrounding public thoroughfares and land uses. Planning Commission Resolution 2012- Conditional Use Permit 2012-143: Crown Castle November 27, 2012 2. Consistency with the Zoning Code: The placement of the pole and equipment are consistent with current standards of the Zoning Code (Chapter 9.90 and 9.170) in that the potential adverse visual effects have been mitigated, and that the requirement to locate antenna equipment on existing structures has been met. 3. Compliance with CEQA: The placement and location of telecommunication equipment for a distributed antenna system has been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as a City street surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located within existing public right-of-way. The proposed telecommunication antenna and equipment does not deter from the surrounding architectural theme and public facility improvements. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2012-143 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 27" day of November, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2012- Conditional Use Permit 2012-143: Crown Castle November 27, 2012 KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This permit shall expire on November 27, 2014, unless a building permit has been issued and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 3. This Conditional Use Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Department for Building Permits • La Quinta Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 • South Coast Air Quality Management District Coachella Valley • Federal Communication Commission The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Approval of this Conditional Use Permit shall not be construed as approval for any horizontal dimensions implied by site plans or exhibits unless specifically identified in the conditions of approval. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 7. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 8. The proposed unit to be installed on the traffic signal and light poles shall be designed using the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminares, and Traffic Signals and the Caltrans standard plans and specifications. All design calculations shall base on 100 mph wind speed and 100 Ibs per antenna weight limit. The design shall be submitted for review and approval by the City Engineer and the Building Official. 9. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Department. IMPROVEMENT SECURITY AGREEMENTS 10. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bond each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. PRECISE GRADING 11. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 12. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 13. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 14. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. UTILITIES 15. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 16. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 17. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 maintenance thereof shall be located so as to not conflict with access aisles/entrances. LANDSCAPE AND IRRIGA 18. The applicant shall comply with LQMC Section 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscape Plans). 19. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets", latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 20. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 21. The applicant shall make provisions for the continuous and perpetual maintenance of the structure installed for this Conditional Use Permit as well as access drives, perimeter and site landscaping up to the curb, and stormwater BMPs if applicable. 22. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. FEES AND DEPOSITS 23. ' The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. PLANNING COMMISSION RESOLUTION 2012- CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 PLANNING 24. The applicant shall secure a lease agreement with the City of La Quinta for the placement of the telecommunication equipment within the City's right-of- way prior to issuance of a building permit. 25. The total height of the telecommunication antenna shall not exceed a height greater than the street light/signal pole. Ancillary equipment attached to the pole shall be at a height greater than nine (9) feet and shall be attached secularly to the pole. 26. Any ground mounted ancillary equipment needed to support the antenna shall be placed near existing ground -mounted equipment and shall be screen from view by landscape. Final location of ground -mounted equipment and screening techniques is subject to approval by the Planning Director. 27. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. rivinni in L,(1 mnrl hmrk a u PLANNING COMMISSION PH # 2 STAFF REPORT DATE: NOVEMBER 27, 2012 CASE NO.: ZONING ORDINANCE AMENDMENT 2012-111 APPLICANT: CITY OF LA QUINTA REQUEST: CONSIDERATION OF AMENDMENTS TO THE LA QUINTA MUNICIPAL CODE; CHAPTER 9.160, SIGNS, AND CERTAIN SECTIONS RELATED THERETO LOCATION: CITY WIDE ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THE PROPOSED AMENDMENT IS EXEMPT PURSUANT TO CHAPTER 2.6, SECTION 21080 OF THE PUBLIC RESOURCES CODE, CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUTES, AND SECTION 15061(6)131, REVIEW FOR EXEMPTIONS OF THE CEQA GUIDELINES. THIS DETERMINATION, ALONG WITH THE PROPOSED AMENDMENT, WILL BE CONSIDERED AT THE HEARING. RECOMMENDED ACTION: Adopt Planning Commission Resolution 2012 - recommending that the City Council certify the environmental determination, and recommending adoption of Amendments to the La Quinta Municipal Code; Chapter 9.160, Signs, and certain Sections related thereto. EXECUTIVE SUMMARY: The proposed amendments to Chapter 9.160, and certain other related Sections of the Zoning Code, are intended to: • Incorporate the current interim A -board and outdoor display provisions into the Municipal Code as permanent sign allowances; • Allow for additional business signing opportunities, to include commercial business banners and seasonal/temporary business event signs; • Address inconsistencies, such as with garage sale sign provisions, between Chapter 9.160 and other related municipal code sections; and, • Clarify definitions related to banners and off premises signs. BACKGROUND/ANALYSIS: On March 20 of this year, the City Council adopted interim sign regulations allowing A -board type signs, along with the outdoor display of small amounts of merchandise, on an interim basis until March 20, 2013. The City Council further directed staff to initiate a more comprehensive review of the City's sign regulations regarding the outdoor display of merchandise. Exhibit A of the proposed Planning Commission Resolution identifies the proposed changes to the Municipal Code that relate to the sign regulation amendments. These revisions are briefly discussed below: • Section 9.100.120 - Outdoor storage and display: Amendment to add new Subsection E, Minor Outdoor Merchandise Displays. Will codify interim provisions currently in effect, which allow up to 10 square feet of display area. • Section 9.160.030.G.2 - General sign standards: Amendment includes a provision that off premises signs for businesses are not permitted unless associated with a Temporary Use Permit allowing such signs, or is specifically allowed under the sign provisions. This is intended to clarify the current provisions and interpretations for off premises signs. • Section 9.160.050 - Table 9-19, Permanent signs in nonresidential districts: Revision to codify current interim A -board provisions, which allow one such sign per business,, maximum 10 square feet per sign side. Such signs can be placed no more than 20 feet from the main business entry. • Section 9.160.060.G - Permitted temporary signs: Amendment to clarify requirement for a sign permit based on the number of signs on public or private property. Proposed language states permit is required for one or more such signs on public property, or four or more signs on private property. The current provisions allow up to five temporary signs on public and/or private property without a sign permit. • Section 9.160.060.J - Permitted temporary signs: Amendment allows for commercial business banners, including grand opening banners, to allow a broader range of activities for placement of such banners and to specify placement, duration and permitting. Also specifies criteria for the number, material, and site allowances for such banners. • Section 9.160.060.K - Permitted temporary signs: Amendment pertains to garage and yard sale signs. Added to codify garage sale sign provisions historically addressed by Code Compliance. No change to what is currently being administered, but does clarify the specific restrictions on garage and yard sale signs versus other temporary signs. • Section 9.160.100.E - Prohibited signs: Amended to mirror the language provided under the amended Section 9.160.030.G.2, and clarify that off 2 premises business signs are prohibited unless allowed by an approved Temporary Use Permit, or within the context of the sign provisions. • Section 9.160.130 - Sign definitions: Amended to clarify definitions for "Banner" and "Off premises sign", in context with the sign regulations as they exist today, and in consideration of these amendments. Chamber of Commerce review - Staff also provided the amendment language to the La Quinta Chamber of Commerce for their input. Due to time constraints, any comments received will be provided to the Commission at the hearing. Code Compliance review - Staff provided the amendment language to the Code Compliance Division for their input, and met with Code Compliance on November 15 to review the proposed changes. Based on their review, they indicated no immediate concerns with the proposed amendment. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on November 16, 2012. To date, no comments have been received. Comments were not requested from any public agencies or City Departments other than those identified above, due to the scope of the amendment and perceived unlikelihood that these changes will affect any other departments or agencies. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the Zoning Ordinance amendments can be made and are contained in the attached Resolution. Prepared by: Wallace Nesbit Principal Planner 3 PLANNING COMMISSION RESOLUTION 2012 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2012-111; FOR AMENDMENTS TO THE LA QUINTA MUNICIPAL CODE, RELATING TO SECTION 9.100.1200 (OUTDOOR STORAGE AND DISPLAY); AND, SPECIFIED SECTIONS WITHIN CHAPTER 9.160 (SIGNS) CASE NO.: ZONING ORDINANCE AMENDMENT 2012-111 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27' day of November, 2012, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend certain Sections of the La Quinta Municipal Code as identified by Title of this Resolution; 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 November 16, 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, to the City Council: 1. The proposed Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan, particularly Goal 1 of the Commercial Goals, Policies and Programs, in that implementation of the proposed amendments will support provision of a broader range of goods and services to the City's residents. 2. Approval of the Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare, as the amendments do not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. 3. The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes to the Municipal Code will have no effect on the environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission, in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2012-111, as set forth in attached Exhibit A and titled "Final Draft Sign Code and Related Amendments", 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 271h day of November, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta EXHIBIT A — PLANNING COMMISSION RESOLUTION 2012 - FINAL DRAFT SIGN CODE AND RELATED AMENDMENTS Amend 9.100.120, Outdoor storage and display, adding 9.100.120.E, as follows: Minor Outdoor Merchandise Display. A maximum of 10 square feet shall be allowed for outdoor display of merchandise. A permit shall be established prior to any outdoor merchandise display occurring. The outdoor display of merchandise shall be located immediately adjacent to the business and at no time further than 10 feet from said business, shall not interfere with pedestrian access and ADA compliance and shall only be in place during business hours. Amend 9.160.030.G.2, General sign standards, as follows: G. Sign Placement. 2. No Off -Premises Signs. All signs shall be located on the same premises as the land use, business and/or .activity identified by the sign, unless specifically permitted to be off -premises under the provisions of this chapter, or incorporated and approved as part of a Temporary Use Permit application. Amend 9.160.050, Table 9-19 Permanent signs in nonresidential districts, as follows: Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit Note: Freestanding signs shall not be located within 5 feet of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030. Note: "ID" means identification sign. Note: Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Maximum Number Maximum Area Maximum Height Illumination Additional Requirements Placement Business A -board type Signs 1 per business 10 sq. ft. per side n/a Indirect only Signs shall be located no further than 20 feet from the main store entrance, shall not interfere with pedestrian be 1hours Amend 9.160.060.G and J, Permitted temporary signs, as follows: G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post anefe than dive one or more temporary signs on public property and/or four or more temporary signs on private OF public property shall make application to the planning department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all temporary signs, up to one hundred percent of the deposit shall be refunded to the applicant. However, violations of the temporary sign provisions may result in up to fifty percent of said deposit being retained by the city. J. A OFand opening banneF is allowed on eaeh building Street fFORtage within six Commercial business banners advertising grand openings sales and seasonal and/or temporary events are allowed up to four times per calendar year, with a maximum time period of 14 consecutive days and a minimum of 30 consecutive days between each placement period The banners shall be located within non- residential zoning districts with a maximum of one banner per street frontage and one per parking lot frontage and a maximum of two banners per business A sign permit shall be required for each placement period. The sign banner(s) shall consist of light -weight fabric or similar material attached to the building wall below the eave line . The sign banner(s) shall be non -illuminated and its size shall not exceed thirty-two square feet. Add 9.160.060.K, Permitted temporary signs, as follows: K. Garage Patio Yard Sale Advertising Two (2) signs (provided by the City) are permitted; one onsite and one at the nearest intersection. The onsite sign shall be located on the property where the sale is being conducted. Signs are not permitted in rights -of -way or on any utility poles street signs, or traffic control posts. Amend 9.160.100.8, Prohibited signs, as follows: 8. Off premises signs as defined in Section 9.160.130, unless specifically permitted is to be off -premises under the provisions of this chapter, or incorporated and approved as part of a Temporary Use Permit application. Amend 9.160.130 Sign definitions, as follows: "Banner" " means a temporary sign made of light -weight fabric, plastic, or similar material hung either with or without frames ,tten "Off -premises sign" means a sign that incorporates a business name and/or advertises products or services that are located sold, produced, or otherwise furnished elsewhere than on the premises on which the sign is located. eFwetwe Some teFAPGFaFy signs aFe not defined as off 3s used w0thon ohapter. DI#1 N v�-.mom 5 FCF`N OF TO: Honorable Chairwoman and Members of the Planning Commission FROM: Les Johnson, Planning Directo DATE: November 27, 2012 SUBJECT: Discussion of Joint Council Meeting The Joint City Council/Commission meeting which is normally scheduled in the Fall of the year will not be held this year. The date and format have changed and a Special Meeting will be held in the Council Chambers on Tuesday, January 22, 2013, between the City Council and all City Boards/Commissions/Committee members. All Board/Commission members will be seated in the audience and be briefed on the City's financial situation, plans, goals, etc. Appointed Board/Commissioners will be given an opportunity to ask questions and offer suggestions. The joint session will begin at 5:00 p.m. and all Commissioners and Committee Members should be in attendance. Please mark this date on your calendars. TO: DATE: Tit!t 4 4129wgu MEMORANDUM HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION LES JOHNSON, PLANNING DIRECTO C179 NOVEMBER 27, 2012 SUBJECT: PUBLIC HEARING ITEM #2: ZOA 2012-111 Subsequent to completion and delivery of the referenced item report, two additional considerations need to be addressed by the Planning Commission as part of the scheduled public hearing on this item: The City Council recently approved Ordinance 501, which added Section 3.25 Short-term Vacation Rentals to Title 3 Revenue and Finance. The Ordinance, as approved includes language that prohibits the use of signs for rental properties. This limitation is inconsistent with Section 9.160 which allows one temporary rental sign per property per street frontage. As it is not the intent of Ordinance 501 to discourage the rental of appropriate properties, staff recommends that the following changes to Title 3 Revenue and Finance, Section 3.25 Short-term Vacation Rentals be reviewed and recommended to the City Council as part of the Planning Commission's consideration of ZOA 2012-111 (Public Hearing Item #2 on tonight's Agenda): J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs). As identified in the staff report on the referenced item, this memo provides comments received earlier today, via email, from Mr. David Archer, President and CEO of the La Quinta Chamber of Commerce. Mr. Archer generally supports the proposed revisions but expressed concern with the deposit requirement for permitted temporary signs as written. Staff notes that the provisions related to Mr. Archer's comment on the deposit have not been changed, and allows up to a 100% refund. The retention of up to 50% of the original deposit would only occur if violations of the temporary sign provisions were found to have occurred. In responding to Mr. Archer's question, staff made note of this, and received no further comments. At this time, staff does not recommend any change to the deposit provisions. If the Commission desires to review this provision for potential revisions, staff will provide any necessary information to do so.