TUP 2001-284:-�• / *fly,
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P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
February 16, 2001
Mr. Joseph Rounaghi
51-230 Eisenhower Drive
La Quinta, California 92253
PA)
SUBJECT: TEMPORARY USE PERMIT 2001-284
Dear Mr. Rounaghi:
(760) 777-7000
FAX (760) 777-7101
The Community DevelopmentrDepartment has received your request to place a construction trailer
at�5 321 0 E1 isenh�Dnve1'd�ng renovation of the commercial building. Pursuant to Section
9�1-00:170'of-t1Td-Zoning Code, our Department cannot approve your request until a building permit
(i.e., demolition, etc.) has been issued. Once a permit is issued, this Department will complete our
review of your application request. .
Since your intention is to open an art gallery at this location, please find attached a copy of Section
9.100.140 which references temporary outdoor events once you are in operation.
If you have any questions, please contact me at (760) 777-7067.
Sincerely,
DEVELOPMENT DIRECTOR
Planner
Enc.
c: Community Development Director
`Building=andrS ifety Manager -
Fire Marshal
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9.100.150
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3. The application for a permit must be received two weeks prior to th �, ent commencing.
4. Hours of operation should be limited from dusk to ten p.m.
5. Use of the display light(s) is limited to a maximum period of s' ys per calendar year.
6.. Section 5.64.060 of the Municipal Code, regarding use of s ights shall be complied with.
7. Use of display lights may be in conjunction with an ente ent event or similar activity.
8. FAA approval shall be obtained prior to each event, if r (Ord. 325 § 1 (Exh. A) (part), 1998;
Ord. 284 §.1 (Exh. A) (part), 1996)
9.100.160 Caretaker residences. '
Caretaker residences may be developed in any n dential district for the exclusive use of personnel
employed for the maintenance and security of the p al use subject to the approval of a minor use permit
per. to Section 9.210.020 and the following Stan
A. The caretaker residence shall be located ' ding which complies with all building setbacks established
for the district in which it is located.
B. The residence shall be a minimu ix hundred square feet in floor area.
C. The residence may be a portio building primarily devoted to nonresidential uses or may be a
separate building. If it is a separate buil ' e location, design and materials of the residence shall be consistent
and integral with the site plan and g design for the principal use.
D. Two off-street parking spaces shall be provided in addition to the parking required for the principal
use(s). (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.170 Construction and guard offices.
The temporary placement of a trailer, recreational vehicle or relocatable building or the temporary use
of a permanent structure on an active construction site for use as a construction and/or watchman's quarters,
and the establishment of a materials and equipment storage yard, shall be permitted subject to approval of
a temporary use permit and the following requirements:
A. Placement. The office shall not be moved onto the site nor otherwise established until issuance of
a precise grading permit or, if there is no grading permit, until issuance of the building permit.
B. Removal. Any trailer or temporary building shall be removed from the site prior to the issuance of
certificates of occupancy for the last new building on the site. The site of the temporary building shall then
be restored to its original condition, paved or surfaced for dust control, landscaped, or otherwise improved
in accordance with the approved project plans or temporary use permit.
C. Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses
shall be converted to a permitted use prior to the issuance of certificates of occupancy for the final buildings
to be constructed.
D. Use of Existing Building During Construction. The use of an existing lawfully established building
may continue during construction or relocation of another building on the same building site upon approval
of a temporary use permit and compliance with the following provisions:
1. Prior to occupancy of a new building, the existing building shall be brought into conformity with
any additional regulation rendered applicable by the placement of a new building on the site. Conformity shall
be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.
2. The director shall require the landowner to provide a guarantee, which may include a bond, to ensure
full compliance with the zoning regulations upon completion of the new building or sooner if, in the director's
opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
E. Utilities. The office shall be supplied with an electric meter and sewer and water facilities. (Ord. 325
§ 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
296-1 (La Quinta 3-99>
�4 9.100.120
3. Vehicle Display. Precise delineation of the location and limits of o or vehicle display and storage
areas, plus prohibition of focal display areas elevated more than one fo ove the average finish grade of •
the overall outdoor display area. (Ord. 325 § 1 (Exh. A) (part), 199 d. 284 § 1 (Exh. A) (part), 1996)
9.100.130 Sidewalk sales and commercial /wishopping
A. Purpose. This section provides regulatiothe orary outdoor sale of merchandise by retail
businesses, and (2) special outdoor commerciali shopping .centers.
B. Definitions. For purposes of this sectiotng definitions shall apply:
1. A "sidewalk or parking lot sale" meansrary outdoor display and sale by a retail business,
of merchandise which is normally displayed ine same location as the outdoor sale.
2. A special commercial event means the temtdoor display and sale of merchandise, not necessarily
sold indoors at the same location, arts and craftstertainment, or similar events within a commercial
center.
C. Temporary Use Pennit Required. Si sales and special events in commercial centers are permitted
subject to issuance of a temporary use pe t and compliance with the following provisions:
1. The application for a temp or a permit for a sidewalk sale or a special commercial event shall
include a site plan indicating the loca . of the temporary uses and demonstrating maintenance of adequate
parking, site circulation and emer access.
2. A sidewalk sale or a spec' ommercial event may be conducted over a maximum of four consecutive
days and no more than once w' four calendar months at any location. Each such event shall require the
approval of a temporary use t. Special commercial events which benefit nonprofit organizations can
be held more than once ev four months if conducted on sidewalk areas and approved by the community
development director re ess of who is sponsoring or participating in the event.
3. Adequate pede access shall be maintained around merchandise or displays placed on a sidewalk
or walkway.
4. Adequate v cle access shall be maintained around merchandise, displays or temporary structures
placed in parkin eas. •
5. A cash d or other guarantee shall be posted for removal of the temporaryuse and cleanup and
restoration of activity site within seven days of the conclusion of the event.
6. The lication shall be reviewed by the fire marshal and the event shall comply with fire prevention
standards emergency access requirements as approved and enforced by the fire marshal.
7. T porary signs may be permitted subject to the provisions of Section 9.160:060 (Permitted temporary
signs). ( d. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.140 Temporary outdoor events.
Temporary outdoor events include, but are not limited to pageants, fairs, carnivals, large athletic, religious
or entertainment events, and large neighborhood or community gatherings in temporary facilities. Such activities
may be permitted in compliance with the following provisions:
A. A temporary use permit shall be approved by the community development director for gatherings
of fifty or more. The temporary use permit may be referred to the planning commission as a business item
at the discretion of the director.
B. Applications for permits or certificates required by this section shall be referred by the community
development director to other affected city departments or other public agencies for review and comment.
C. The following findings shall be made by the decision-making authority in conjunction with approval
of a temporary use permit:
1. The event will not be detrimental to the health, safety and general welfare of the community in the
area of the proposed event.
2. There is adequate area to conduct the event and to accommodate the anticipated attendance.
3. Sufficient parking will be provided for the anticipated attendance.
4. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable
water service have been provided. (Approval by the health officer may be required.)
5. Fire protection plans and facilities have been provided to the satisfaction of the fire marshal.
�. 6. Security plans and facilities have been provided to the satisfaction of the sheriff. •
(La Quinta 9-00) 292
9.100.140
7. Public roadways providing access to the event are capable of accommodating the anticipated traffic
volumes in a reasonable and safe manner with minimal disruption to local traffic circulation.
D. Activities conducted on property owned by or leased to the city and public road rights-of-way may
require an encroachment permit issued by the public works director.
E. The event shall not exceed ten consecutive days. Events recurring more than four times in a calendar
year are not considered temporary and shall not be eligible for approval under this section. Provided however,
fine art and craft shows may be approved for *ten calendar days in each month, except during city sponsored
fine art events.
F. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the
activity site to its condition before the event within seven days of the event's conclusion shall be required.
G. Other applicable permits such as building, electrical, health and tent permits, shall be obtained by
the applicant.
H. Signs for the event shall be allowed as follows:
1. Maximum of one temporary banner pei- street frontage, not to,exceed thirty-two square feet.
2. Maximum one temporary portable sign on- or off-site on private property, not to exceed fifty-five
square feet.
3. Maximum thirty off-site temporary directional signs, nine square feet in area, subject to the provisions
of Section 9.160.060, subsections C through H with the exception of subsection E.
4. Maximum fifteen bunting signs, with maximum size to be approved by the director of community
development.
5. Posting period, locations and related details shall be as approved in the temporary use permit for the
event.
6. Other signs and advertising devices, such as pennants, flags, A -frame signs, are prohibited. (Ord. 338
§ 1 (Exh. A), 2000: Ord. 293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.150 Outdoor lighting.
A. Purpose. This section is intended to provide standards for outdoor lighting which allow adequate energy
efficient lighting for public safety while minimizing adverse effects of lighting, such as lighting which:
1. Has a detrimental effect on astronomical observations; and/or
2. Inefficiently utilizes scarce electrical energy; and/or .
3. Creates a public nuisance or safety hazard.
B. Applicability. All outdoor artificial illuminating devices shall'be installed and operated in conformance
with the provisions of this section, plus any Uniform Building Codes presently or subsequently administered
or adopted by the city. Any language contained therein which may conflict with this section shall be construed
as consistent with this section.
C. Parking Lot Lighting. Parking lot lighting shall conform to this section and to Section 9.150.080 (Parking
facility design standards).
D. Alternate Materials and Methods of Installation. The provisions of this section are not intended to
prevent the use of any material or method of installation not specifically prescribed by this section provided
any such alternate has been approved. The building official may approve any such alternate provided that
findings can be made that the proposed design, .material or method:
1. Provides approximate equivalence to those specific requirements of this section; or
2. Is otherwise satisfactory and complies with the intent of this section.
E. Definitions. For the purposes of this section., certain terms are defined as follows:
1. "Individual" means any private individual, tenant, lessee, owner, or any commercial entity including,
but not limited to, companies, partnerships, joint ventures or corporations.
2. "Installed" means the initial installation of outdoor light fixtures defined in this section following the
effective date of this zoning code.
3. "Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and
other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but
• are not limited to, search, spot, or flood lights for:
a. Buildings and structures;,
b. Recreational areas;
c. Parking lot lighting;
293 (1-2 Q-2 9-00)