The URL can be used to link to this page

2016 09 20 CC CITY COUNCIL AGENDA 1 SEPTEMBER 20, 2016 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, SEPTEMBER 20, 2016 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Peña, Radi, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON NORTHWEST CORNER OF EISENHOWER DRIVE AND AVENIDA FERNANDO (APNS: 658-170-015, 658-170-016, AND 658-420-031) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER PROPERTY OWNER: BT-LJMJM, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY / JACK MCGRORY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED City Council agendas and staff reports are now available on the City’s web page: www.la-quinta.org CITY COUNCIL AGENDA 2 SEPTEMBER 20, 2016 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. ALL STAR 12U BRONCO WEST ZONE CHAMPIONS PROCLAMATION CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF AUGUST 2, 2016 7 2. ADOPT ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE 19 3. APPROVE FOURTH AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT 25 4. AUTHORIZE OVERNIGHT TRAVEL FOR FOUR COUNCILMEMBERS AND CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, OCTOBER 5-7, 2016 35 5. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING AND EVENTS SUPERVISOR TO ATTEND FEDERAL EMERGENCY MANAGEMENT AGENCY BASIC PUBLIC INFORMATION OFFICER TRAINING IN SAN LUIS OBISPO, CALIFORNIA, OCTOBER 9-14, 2016 37 6. AUTHORIZE OVERNIGHT TRAVEL FOR A MANAGEMENT ASSISTANT AND A PART-TIME ADMINISTRATIVE TECHNICIAN TO ATTEND THE CALIFORNIA CITY CLERK’S ASSOCIATION NUTS AND BOLTS WORKSHOP IN BREA, CALIFORNIA, OCTOBER 20-21, 2016 39 CITY COUNCIL AGENDA 3 SEPTEMBER 20, 2016 7. APPROVE DEMAND REGISTERS DATED JULY 29, AUGUST 5, AUGUST 12, AUGUST 19, AUGUST 26, SEPTEMBER 2, AND SEPTEMBER 9, 2016 43 8. RECEIVE AND FILE FISCAL YEAR 2015/16 TREASURY REPORTS FOR THE PERIOD OF APRIL 1 TO MAY 31, 2016 97 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED JUNE 30, 2016 AND JULY 31, 2016 117 10. ACCEPT THE EISENHOWER DRIVE PAVEMENT STABILIZATION IMPROVEMENT PROJECT 125 11. ACCEPT THE LA QUINTA PARK RESTROOM PROJECT 129 12. ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE MADISON CLUB RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33076-1) LOCATED SOUTH OF AVENUE 52, EAST OF MADISON STREET, AND WEST OF MONROE STREET 133 13. ADOPT RESOLUTION APPROVING FINAL PARCEL MAP NO. 36799 WITHIN THE TRADITION RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF AVENUE 52 AND EAST OF AVENIDA BERMUDAS [RESOLUTION NO. 2016-037] 137 14. ADOPT RESOLUTION TO AUTHORIZE SUBMITTAL OF APPLICATION FOR THE STATE HOMELAND SECURITY GRANT PROGRAM OFFERED BY THE DEPARTMENT OF HOMELAND SECURITY [RESOLUTION NO. 2016-038] 145 15. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE THE LA QUINTA YMCA LANDSCAPE IMPROVEMENTS 149 BUSINESS SESSION 1. APPOINT ONE COUNCIL MEMBER TO SERVE ON AN AD HOC COMMITTEE TO REVIEW PUBLIC SAFETY ENHANCEMENT THROUGH DIGITAL MONITORING 165 2. INTRODUCE FOR FIRST READING ORDINANCE NO. 546 AMENDING MUNICIPAL CODE CHAPTERS 2.06 AND 2.29 RELATING TO THE PLANNING COMMISSION MEMBERSHIP, ELIMINATING THE ARCHITECTURAL AND LANDSCAPING REVIEW BOARD BY DELETING CHAPTER 2.30; ELIMINATE POLICY TO APPOINT ALTERNATES TO BOARDS/COMMISSIONS AND REMOVE EXISTING ALTERNATE 167 CITY COUNCIL AGENDA 4 SEPTEMBER 20, 2016 MEMBERS 3. APPROVE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT FOR LEASE/REPLACEMENT OF THIRTEEN MOTORPOOL VEHICLES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT 179 STUDY SESSION – NONE PUBLIC HEARINGS – 5:00 P.M. For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council 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. INTRODUCE FOR FIRST READING ORDINANCE NO. 547 AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE AND THE OFFICIAL ZONING MAP RELATED TO THE ZONING AND GENERAL PLAN TEXT AND MAP CONSISTENCY 183 2. INTRODUCE FOR FIRST READING ORDINANCE NO. 548 TO APPROVE A ZONE CHANGE, ADOPT RESOLUTION TO APPROVE ENVIRONMENTAL ASSESSMENT, SPECIFIC PLAN, SITE DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 16 SINGLE- FAMILY HOMES ON 3.22 ACRES (VILLAS AT INDIAN SPRINGS) LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE, AND A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT [RESOLUTION NO. 2016-039] 563 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 743 4. COMMUNITY RESOURCES A. COMMUNITY PROGRAMS & WELLNESS REPORT – JULY 2016 747 5. DESIGN AND DEVELOPMENT – JULY AND AUGUST 2016 751 6. FACILITIES – JULY AND AUGUST 2016 755 MAYOR’S AND COUNCIL MEMBER’S ITEMS CITY COUNCIL AGENDA 5 SEPTEMBER 20, 2016 REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 11. SUNLINE TRANSIT AGENCY (Franklin) 12. AD HOC COMMITTEE TO EVALUATE CITY CANNABIS OPTIONS (Franklin and Peña) 13. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 14. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne and Franklin) 15. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Osborne) 16. EAST VALLEY COALITION (Osborne) 17. ANIMAL CAMPUS COMMISSION (Peña) 18. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Peña) 19. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 21. CVAG TRANSPORTATION COMMITTEE (Radi) 22. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Franklin and Radi) 23. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 797 24. COMMUNITY SERVICES COMMISSION MINUTES DATED JUNE 13 AND AUGUST 15, 2016 799 25. PLANNING COMMISSION MINUTES DATED JULY 12 AND AUGUST 9, 2016 805 26. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES DATED JUNE 15, 2016 817 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on October 4, 2016 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING CITY COUNCIL AGENDA 6 SEPTEMBER 20, 2016 I, Monika Radeva, Deputy City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on September 16, 2016. DATED: September 16, 2016 MONIKA RADEVA, Deputy City Clerk 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 777-7103, 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 City Council, arrangements should be made in advance by contacting the City Clerk’s office at 777- 7103. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk 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 City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL MINUTES 1 AUGUST 2, 2016 CITY COUNCIL MINUTES TUESDAY, AUGUST 2, 2016 A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Peña, Radi, Mayor Evans ABSENT: None CONFIRMATION OF AGENDA  City Manager Spevacek noted two changes: (1) Business Item No. 1, the City Clerk and City Attorney have handed out revisions to the ordinance, and (2) Business Item No. 2, the bids were received after the agenda packet was distributed so a supplemental report has been handed out with a contractor selection recommendation.  Councilmember Peña asked that Consent Calendar Item No. 9 be pulled for a separate vote because he has a potential conflict of interest due to the proximity of the parking areas to his property.  Councilmember Franklin asked that Consent Calendar Item No. 15 be pulled for a separate vote because she has a potential conflict of interest due to the proximity of this development to her property.  Mayor Evans, Councilmembers Peña and Radi, and City Manager Spevacek announced that they will recuse themselves from discussion and vote on Business Item No. 2 due to a potential conflict of interest resulting from the proximity of this street improvement project to their properties.  Mayor Evans announced that she will recuse herself from discussion on Study Session Item No. 1 (regarding the Coachella Valley Economic Partnership (CVEP)) because she may have a conflict of interest due to a business relationship – namely, her supervisor at JFK Memorial Hospital is the Chairman of the CVEP Board of Directors.  Councilmember Osborne announced that he will recuse himself from discussion on Study Session Item No. 1 due to a conflict of interest resulting from his business relationship with the CVEP, which is a client of his firm. CLOSED SESSION – None COUNCILMEMBER RADI LED THE AUDIENCE IN THE PLEDGE OF ALLEGIANCE. 7 CITY COUNCIL MINUTES 2 AUGUST 2, 2016 PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Tammy Martin, Executive Director, Friends of the Desert Mountains – Ms. Martin provided information on the organization and their event scheduled for November 19, 2016. PUBLIC SPEAKER: Phillip Bettencourt, La Quinta – Mr. Bettencourt, Planning Commission Chairperson, explained that he was the liaison to Council from the Planning Commission, and that Commissioners are citizen soldiers for the City who believe in the long-range purpose of the Silverrock development. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH – SEPTEMBER 2016 Mayor Evans presented the proclamation to Alexander Johnson, Emergency Operations Coordinator, declaring September 2016 as National Preparedness Month. CONSENT CALENDAR 1. APPROVE MINUTES OF JULY 19, 2016 2. EXCUSE ABSENCE FOR PLANNING COMMISSIONER FITZPATRICK FROM THE AUGUST 9, 2016 PLANNING COMMISSION MEETING 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE PERMIT OPERATIONS SUPERVISOR TO ATTEND TRAKIT SOFTWARE TRAINING, SEPTEMBER 19 – 20, 2016, IN CARLSBAD, CALIFORNIA 4. AUTHORIZE TRAVEL FOR THE DESIGN AND DEVELOPMENT DIRECTOR / CITY ENGINEER TO ATTEND THE FLOODPLAIN MANAGEMENT ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 8, 2016, IN SACRAMENTO, CALIFORNIA 5. APPROVE DEMAND REGISTERS DATED JULY 11, JULY 15, AND JULY 22, 2016 6. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION [RESOLUTION NO. 2016-032] 7. ADOPT RESOLUTION TO APPROVE BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT EMPLOYEES, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2016-033] 8. ADOPT ORDINANCE NO. 542 AMENDING SECTION 3.25.060(B) OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT- TERM VACATION RENTAL PERMITS 8 CITY COUNCIL MINUTES 3 AUGUST 2, 2016 9. pulled by Councilmember Peña for a separate vote due to a possible conflict of interest based on the proximity of his property to affected parking spaces >>> ADOPT ORDINANCE NO. 543 APPROVING ZONING ORDINANCE AMENDMENT 2016-0003, EXTENDING TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 OF THE LA QUINTA MUNICIPAL CODE (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT, AND CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15061(B)(3) REVIEW OF EXEMPTIONS – GENERAL RULE 10. ADOPT ORDINANCE NO. 544 AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY’S WATER EFFICIENT LANDSCAPE ORDINANCE 11. APPROVE SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR SHAATH & OUDEH GROUP, INC. V. CITY OF LA QUINTA; GRANITE CONSTRUCTION COMPANY, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1404174 12. APPROVE PURCHASE OF EQUIPMENT FROM ECONOLITE GROUP INC. FOR VEHICLE VIDEO DETECTION AT SIX TRAFFIC SIGNALS 13. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE LA QUINTA SQUARE COMMERCIAL DEVELOPMENT (PARCEL MAP NO. 36791) LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND SIMON DRIVE 14. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE ESPLANADE RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 29323-1 AND 29323-4) LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET 15. pulled by Councilmember Franklin for a separate vote due to a possible conflict of interest based on the proximity of her property to this project >>> APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT FOR THE ON-SITE AND OFF-SITE IMPROVEMENTS FOR TRACT MAP NO. 31732, AMENDMENT NO. 2, AND AMENDED TRACT MAP NO. 31733 FOR THE BELLASENO RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET 16. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE AND ADVERTISE THE POINT HAPPY AND ROUDEL DRAINAGE IMPROVEMENTS PROJECTS 17. AWARD CONTRACT TO URBAN HABITAT ENVIRONMENTAL LANDSCAPES FOR CONSTRUCTION OF NORTH LA QUINTA PARKWAY TURF CONVERSION 9 CITY COUNCIL MINUTES 4 AUGUST 2, 2016 IMPROVEMENTS, LOCATED ALONG PORTIONS OF WASHINGTON STREET AND VIA SEVILLA – PHASE 1 (DEL ORO) 18. AWARD CONTRACT TO R.E. SHULTZ CONSTRUCTION, INC. FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT VELASCO, EISENHOWER, AND SAGUARO PARKS FOR MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT 19. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. TO PROVIDE ON-CALL DEVELOPMENT PLAN CHECK SERVICES 20. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR FEASIBILITY STUDY, PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR EISENHOWER DRAINAGE IMPROVEMENTS 21. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR THE WASHINGTON STREET DRAINAGE IMPROVEMENTS 22. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH SIGMANET, INC. FOR 2016/17 MANAGED INFORMATION TECHNOLOGY SERVICES 23. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE THE COVE OASIS TRAILHEAD IMPROVEMENTS 24. ADOPT RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AND PUBLIC SERVICE FUNDS FOR BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY – LA QUINTA UNIT [RESOLUTION NO. 2016-034] 25. APPROVE AMENDMENT FOUR TO AB 2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM, THROUGH JUNE 30, 2020 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1-8, 10-14 and 16-25 as recommended, with Item Nos. 6 and 7 adopting Resolution Nos. 2016-032 and 2016-033 respectively. Motion passed unanimously. Councilmember Radi suggested establishing an ad hoc committee to explore how cameras could be used to enhance public safety in areas with limited entrances/exits. 10 CITY COUNCIL MINUTES 5 AUGUST 2, 2016 He explained that the make-up of the committee could be one or two councilmembers and police and city staff. Council concurred and Councilmember Radi volunteered to be a member of the committee. Councilmember Radi explained the benefits of the projects and contracts being approved (Item Nos. 17, 20, 21, 22 and 23). MOTION – A motion was made and seconded by Councilmembers Radi/Osborne to approve Consent Calendar Item No. 9 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Peña) MOTION – A motion was made and seconded by Councilmembers Radi/Osborne to approve Consent Calendar Item No. 15 as recommended. Motion passed: ayes 4, noes 0, abstain 1 (Franklin) BUSINESS SESSION 1. INTRODUCE ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION’S 2016 LOCAL AGENCY BIENNIAL NOTICE [ORDINANCE NO. 545] City Clerk Maysels presented the staff report, which is on file in the City Clerk’s Office, and explained that redundant text was deleted from Section 2.060.020 regarding disclosure exceptions for consultants. Councilmembers discussed the purpose of the conflict of interest ordinance; the reason for deleting text that reiterated State law; how it is determined to name positions in the Code; how new employees are required to file Statements of Economic Interest, and; assigning the City Attorney to prepare responses to citizens’ requests for information on this Code section. MOTION – A motion was made and seconded by Councilmembers Radi/Franklin to take up Ordinance No. 545 as amended by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 545 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE MOTION – A motion was made and seconded by Councilmembers Radi/Osborne to introduce at first reading Ordinance No. 542 as amended. Motion passed unanimously. 11 CITY COUNCIL MINUTES 6 AUGUST 2, 2016 MOTION – A motion was made and seconded by Councilmembers Radi/Franklin to approve and accept the California Fair Political Practices Commission’s 2016 Local Agency Biennial Notice. Motion passed unanimously. 2. AWARD CONTRACT FOR CONSTRUCTION OF PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE City Attorney Ihrke explained that three of the five Members of Council have potential conflicts of interest.. Mr. Ihrke said that the California Fair Political Practices Commission (FPPC) has a procedure for this circumstance whereby one of the three Members can be required to participate out of legal necessity, i.e. to create a quorum for action. Each Member identified their potential conflict as follows: Mayor Evans: proximity to property owned on Eisenhower Drive Councilmember Peña: proximity to property owned on Avenida Navarro Councilmember Radi: proximity to property owned on Avenida Navarro and Eisenhower Drive City Attorney Ihrke announced that City Manager Spevacek also has a potential conflict of interest due to the proximity of the project to his property. MAYOR EVANS, COUNCILMEMBERS PEÑA AND RADI AND CITY MANAGER SPEVACEK LEFT THE DAIS. COUNCILMEMBER FRANKLIN ASSUMED THE POSITION OF PRESIDING OFFICER City Attorney Ihrke explained FPPC regulation 18705 which requires one of the three conflicted Members names to be selected at random to join the discussion and vote on the matter. He said that the City Clerk will select one of the names at random from a bowl. City Clerk Maysels selected the name Mayor Evans at random from the bowl containing all three names. MAYOR EVANS RETURNED TO THE DAIS City Attorney Ihrke explained that the legal basis for randomly selecting a Member to participate is to create a quorum of the Council because it cannot legally conduct official business without a quorum of three Members. He stated that Mayor Evans’ potential conflict stems from FPPC regulation 18702.2(a)(12) given that her primary residence is just over 500 feet from a portion of this street improvement project so there is a potential that Council’s decision may have an effect on the market value of her property. 12 CITY COUNCIL MINUTES 7 AUGUST 2, 2016 MAYOR EVANS RESUMED DUTIES AS PRESIDING OFFICER OF THE MEETING Principal Engineer Ed Wimmer presented the staff report, which is on file in the City Clerk’s Office. Mr. Wimmer noted that since the agenda was released, bids for the project were opened, so selection of the lowest responsive bidder is also recommended as part of the action as identified in the supplemental staff report. Councilmembers discussed adding a bike lane to Eisenhower Drive based on a citizen’s suggestion; preparing bike lanes for eventual CVlink; bike lanes and parking at the top of the cove, and; sight distances at corners. MOTION – A motion was made and seconded by Councilmembers Osborne/Franklin to award a contract to All American Asphalt for construction of pavement management plan improvements on Avenue Bermudas and Eisenhower Drive as recommended including the addition of a bike lane on Eisenhower Drive from Fernando to Washington Street. Motion passed: ayes 3 (Evans, Franklin, Osborne), noes 0, absent 2 (Peña, Radi) STUDY SESSION 1. DISCUSS RE-JOINING THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) Councilmember Osborne announced that he has a potential conflict of interest on this matter as stated earlier in the meeting due to a business relationship, i.e. CVEP is a client of his firm. Mayor Evans announced that she may have a conflict of interest due to a business relationship – namely, her supervisor at JFK Memorial Hospital is the Chairman of the CVEP Board of Directors. MAYOR EVANS AND COUNCILMEMBER OSBORNE LEFT THE DAIS MAYOR PRO TEM PEÑA ASSUMED THE POSITION OF PRESIDING OFFICER FOR THIS ITEM City Manager Spevacek presented the staff report, which is on file in the City Clerk’s Office. Councilmembers discussed progress made by CVEP since La Quinta was a member; how CVEP used La Quinta’s financial contributions; disappointments in CVEP’s results; concerns with CVEP leadership; inability to get clear information on how return-on- investment (ROI) figures are derived; separation of scholarship program from the organization and ROI figures; rejoining at a reduced contribution to see if organization has changed, and; necessity for all cities to participate. 13 CITY COUNCIL MINUTES 8 AUGUST 2, 2016 Councilmembers directed staff to place this matter on the September agenda as an action item, and to invite Mr. Wallace of CVEP to make a presentation detailing how renewing membership would benefit La Quinta. PUBLIC HEARINGS – 5:04 p.m. 1. CONTINUED FROM JULY 19, 2016 – ADOPT RESOLUTION TO UPDATE CITY’S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY Consultant Terry Madsen of ClearSource Financial presented the staff report, which is on file in the City Clerk’s Office. Councilmembers discussed the proposed General Plan surcharge; fee for filing appeals at every level of the appeal process; low cost recovery by most cities on appeal fees; adding a General Plan maintenance fee as do three Valley cities and other cities moving toward this action; the need for fees to be reasonable and logical; increasing fee by the consumer price index annually; instituting a technology fee and segregating the revenue for improvements; the difference between the one year and three year NPDES fees; Mayor Evans declared the PUBLIC HEARING OPEN at 5:42 p.m. PUBLIC SPEAKER: Gretchen Gutierrez, Desert Valley Builders’ Association – Ms. Gutierrez handed out a written response to the Council in support of phasing in fees at the full cost recovery level (it has been included in the agenda packet). She added that appeal fees should be paid by the Appellant, not the project Applicant. In response to Councilmember questions, Ms. Gutierrez said that there is a difference in the quality of General Plans by varying cities and that investment is more likely in cities with the higher quality General Plans. She said that although the fee is not huge, it should not be on the backs of those planning new construction because all existing residents benefit. PUBLIC SPEAKER: Clint Larimare, Riverside Building Industry Association (BIA) – Mr. Larimare provided a written response to the fee study which has been included in the agenda packet. Mr. Larimare said that the Coachella Valley economy is OK, but housing permits are stagnant. In addition, his organization is not a fan of General Plan surcharges because it is not seen as equitable since General Plans benefit the entire city. He asked that new fees become effective in six to twelve months rather than 60 days to protect developers who have projects in the works. Mr. Larimare asked that staff continue to work with the BIA as there are still some issues they wish to address. Mayor Evans declared the PUBLIC HEARING CLOSED at 6:05 p.m. 14 CITY COUNCIL MINUTES 9 AUGUST 2, 2016 ClearSource Financial Consultant Madsen reported that, according to online sources, General Plan fees charged by the three Valley cities are:  Desert Hot Springs: 5% of building permit fee  Palm Springs: 6% of building permit fee  Cathedral City: $0.50 per $1000 He said that the proposed General Plan surcharge is not intended to recover 100% from development community; the City covers a significant amount. The goal is to recover approximately $89,000 a year from development community. Councilmembers discussed how to establish a fair ratio between payments by the development community and that paid by the City for its citizens who benefit from a quality General Plan; for appeal fees, charging a greater percentage of full cost recovery as Appellants move up in the appeal process – include in next fee schedule; the jump in the short-term vacation rental (STVR) fee, and; the need for the technology fee. Mayor Evans requested that Applicants be notified immediately that fee increases will go into effect in 60 days so they can take advantage of the current fees if possible. MOTION – A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-035 as amended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED SCHEDULE OF VARIOUS USER AND REGULATORY FEES AS RECOMMENDED TO GO INTO EFFECT IN 60 DAYS, EXCEPT THE HOURLY RATES FOR PLANNING, PUBLIC WORKS AND BUILDING WILL ALL BE SET AT $152 WITH FULL COST RECOVERY PHASED IN, THE STVR FEE WILL BE $100 WITH FULL COST RECOVERY PHASED IN, AND THE GENERAL PLAN SURCHARGE WILL BE ELIMINATED AND CONSIDERED AT A LATER DATE. Motion passed unanimously. 2. CONTINUED FROM JULY 19, 2016: ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 36817 TO SUBDIVIDE APPROXIMATELY 4.6-ACRE SITE INTO 10 RESIDENTIAL LOTS AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332 (CLASS 32) [Resolution No. 2016-036] Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk’s Office. Mayor Evans declared the PUBLIC HEARING OPEN at 6:31 p.m. PUBLIC SPEAKER: - None Mayor Evans declared the PUBLIC HEARING CLOSED at 6:31 p.m. MOTION – A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-036 as recommended: 15 CITY COUNCIL MINUTES 10 AUGUST 2, 2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A PROPOSAL TO SUBDIVIDE AN APPROXIMATELY 4.6 ACRE SITE INTO TEN RESIDENTIAL LOTS AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CASE NUMBER: TENTATIVE TRACT MAP 36817 (TTM 2014-1004); APPLICANT: ESSI SHAHANDEH Motion passed unanimously. DEPARTMENT REPORTS Facilities Director Howlett provided an update on Temporary Use Permit application expected from Vermillion Promotions which will be for a multifaceted event on the Civic Center Campus. Councilmembers discussed the difference between this event and other arts-related events and the need for sufficient distinction; the variety of art and experiences the events provide to residents and visitors; ensuring that dates don’t conflict; City participation as host either for first event or once it proves its value, and; considering a City contribution that is not a direct monetary grant but perhaps a public service such as purchasing entry tickets and distributing to schools, or paying rent for a local art section. MAYOR’S AND COUNCIL MEMBER’S ITEMS Mayor Evans commended the Sherriff’s Department team on the expert handling and safety provided to residents during the carjacking incident on July 28th. Mayor Evans reported on the brainstorming session she attended for an east Valley advisory group focused specifically on the destination development plan. Councilmember Radi reported on the Riverside County Transportation Commission letter he distributed regarding the recent settlement. REPORTS AND INFORMATIONAL La Quinta’s representative for 2016, Councilmember Peña reported on his participation in the following organization meeting:  CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE  CANNABIS AD HOC COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Radi to adjourn at 6:50 p.m. Motion passed unanimously. 16 CITY COUNCIL MINUTES 11 AUGUST 2, 2016 Respectfully submitted, SUSAN MAYSELS, City Clerk 17 18 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE RECOMMENDATION Adopt Ordinance No. 545 on second reading. EXECUTIVE SUMMARY  On August 2, 2016 Council introduced Ordinance No. 545 on first reading, which amends Section 2.60.020 of the La Quinta Municipal Code relating to the City’s Conflict of Interest Code.  The purpose of the code is to designate positions that make or participate in governmental decisions, which may have a material effect on the financial interests of those persons.  City officials in designated positions must disclose their financial interests annually and refrain from participation in any decision(s) that may affect them financially. FISCAL IMPACT --- None. BACKGROUND/ANALYSIS Review of the positions and duties of public officials has resulted in the following recommended changes to Section 2.60.020 of the Municipal Code: Add the following as designated position for ‘‘limited disclosure’’ filing:  Animal Control / Code Compliance Supervisor  Business Analyst  Community Resources Manager  Construction Manager / Inspection Supervisor  Customer Service Center Manager  Director of Community Resources  Director of Design and Development  Director of Facilities  Human Resources Analyst  Public Safety Manager 19 Delete the following titles; these positions were eliminated as a result of the March 2016 reorganization and the April 2016 Development Code Tune Up:  Assistant to City Manager  Director of Community Development  Director of Community Services  Director of Public Works / City Engineer  Golf and Parks Manager  Human Resources / Risk Manager  Members of the Historic Preservation Commission ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk 20 ORDINANCE NO. 545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (City) has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code ("Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.60.020 DESIGNATED POSITIONS, DISCLOSURE CATEGORIES A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200: DESIGNATED POSITIONS City Attorney Assistant and/or Deputy City Attorney(s) City Manager Assistant and/or Deputy City Manager(s) 21 Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 2 of 4 Finance Director / City Treasurer Mayor Members of the City Council/Financing Authority/Housing Authority Members of the Oversight Board to the Successor Agency Members of the Planning Commission Members of the Successor Agency to the Dissolved Redevelopment Agency Candidates for any of the positions above B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following officeholders pursuant to Government Code Section 87302: DESIGNATED POSITIONS Accounting Manager Animal Control / Code Compliance Supervisor Building Official Business Analyst City Clerk Community Resources Manager Construction Manager / Inspections Supervisor Customer Service Center Manager Director of Community Resources Director of Design and Development Director of Facilities Human Resources Analyst Maintenance Manager Management Analyst Members of the Community Services Commission Members of the Housing Commission Members of the Investment Advisory Board Planning Manager Principal Engineer Principal Planner Public Safety Manager C. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 82019(a) and FPPC Regulation 18701, except that the city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 22 Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 3 of 4 DESIGNATED POSITIONS Consultants D. Definitions of Disclosure Categories 1. Full Disclosure – All investments, business positions, and interests in real property held on the date of assuming office and income received during the 12 months immediately preceding assuming office. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall make and retain a copy and forward the original to the FPPC which shall be the filing officer. 2. Limited Disclosure – All investments, business positions, and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two-miles of any property owned or used by the city. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall be the filing officer on behalf of the City of La Quinta, which shall be the code reviewing body. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this ___ day of ____________ 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 23 Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 4 of 4 ATTEST: _____________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 24  25 26 Attachment 1 27 28 29 30 31 32 33 34 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FOUR COUNCILMEMBERS AND CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA OCTOBER 5-7, 2016 RECOMMENDATION Authorize overnight travel for four Councilmembers and City Manager to attend the League of California Cities Annual Conference held in Long Beach, California, October 5 - 7, 2016. EXECUTIVE SUMMARY The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to learn from one another and to influence State legislation. The League’s Annual Conference provides attendees the opportunity to participate in education sessions and discussion forums along with networking opportunities. Additionally, a meeting of the Regional Riverside Division is planned. FISCAL IMPACT Estimated expenses are $1,500 per attendee or $7,500 for the five participants; this cost includes conference registration, hotel, travel and meals. Funds are available in the City Council and City Managers Travel, Training and Meeting budgets (101-1001-60320 and 101-1002-60320). BACKGROUND/ANALYSIS The League’s Annual Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and forums will include topics such as communication, economic development, public safety, and technology. In addition, the League’s Annual Business Meeting, held during the General Assembly, takes action on resolutions that establish League policy. Mayor Evans is the City’s voting delegate. ALTERNATIVES The Council could elect to reduce the number of attendees or not have anyone attend. Prepared by: Teresa Thompson, Management Specialist Approved by: Frank J. Spevacek, City Manager CONSENT CALENDAR ITEM NO. 4 35 36 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING AND EVENTS SUPERVISOR TO ATTEND FEDERAL EMERGENCY MANAGEMENT AGENCY BASIC PUBLIC INFORMATION OFFICER TRAINING IN SAN LUIS OBISPO, CALIFORNIA, OCTOBER 9-14, 2016 RECOMMENDATION Authorize overnight travel for the Marketing and Events Supervisor to attend Federal Emergency Management Agency Basic Public Information Officer training held in San Luis Obispo, California, October 9-14, 2016. EXECUTIVE SUMMARY  The course is designed for people who work with the media in times of crisis and day-to-day media relations. The program emphasizes the importance of developing a public information team, communication skills, leadership and working in a joint information center using joint information systems. FISCAL IMPACT Estimated expenses are $2,588, which includes conference registration, hotel, travel and meals. Funds are available in the Community Resources Department training budget (101-3003-60320). BACKGROUND/ANALYSIS The Governor’s Office of Emergency Services hosts basic public information officer training for those who work with the media in times of crisis. Participants engage in public speaking exercises, media interview sessions and breakout sessions designed to apply principles and techniques. In addition, participants will work with representatives from the media and other agencies involved in crisis communications. The class includes certification in the FEMA Basic Public Information Officer Course. ALTERNATIVES Council could elect to wait until a local training is available; however, after reviewing the State of California training website, there does not seem to be another alternative at a closer location. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved by: Chris Escobedo, Community Resources Director 37 38 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR A MANAGEMENT ASSISTANT AND A PART TIME ADMINISTRATIVE TECHNICIAN TO ATTEND THE CALIFORNIA CITY CLERK’S ASSOCIATION NUTS AND BOLTS WORKSHOP IN BREA, CALIFORNIA, OCTOBER 20-21, 2016. RECOMMENDATION Authorize overnight travel for a Management Assistant and a part time Administrative Technician to attend the Nuts and Bolts workshop presented by the California City Clerk’s Association on October 20-21, 2016 in Brea California. EXECUTIVE SUMMARY Nuts and Bolts workshop is presented by the City Clerks Association of California (CCAC) and focuses on subjects such as agenda planning, minutes, recordkeeping, contracts, research methods, ordinances, and resolutions. The Management Assistant in Finance, who works closely with the Investment Advisory Board and Finance Authority, will gain knowledge in key areas such as preparing and maintaining various service contracts, records, preparing reports, and taking minutes. The Part Time Administrative Technician in the Clerk’s Department will receive useful information on a myriad of procedures and duties required and overseen by the City Clerk. FISCAL IMPACT Estimated expenses are $1,000, which includes registration, hotel, travel, parking, and meals for two. Funds are available in the Finance (101-1006-60320) and the City Clerk’s (101-1005-60320) 2016/17 travel and training budgets for this purpose. BACKGROUND/ANALYSIS The CCAC provides leadership and management training to assist in meeting numerous record tracking and uniform standards required by municipal offices. Training by this professional organization will ensure the City continues to meet uniform guidelines set forth by legislation and the organization. This workshop allows both the Management Assistant and Administrative Technician added understanding in agenda preparation, minutes, recordkeeping, contracts, research methods, ordinances, resolutions, elections, Public Records Act and the Brown Act in a concentrated amount of time. This is also an opportunity to network with other professionals preforming similar duties. 39 ALTERNATIVES Council could deny this travel request, however, this alternative is not recommended as staff would not be allowed to take advantage of this professional development opportunity which benefits City service delivery. Prepared by: Karla Campos, Finance Director Approved by: Frank J. Spevacek, City Manager Attachment 1 : Workshop Flyer 40 CCAC Southern Division NUTS & BOLTS WORKSHOP October 20 and 21, 2016 Brea Community Center/Brea Embassy Suites $175 per participant for CCAC members $200 per participant for non-members Registration deadline is October 5, 2016. This workshop is designed to provide initial training and information on the intricate details of City Clerk Office responsibilities – a must for new City Clerks, Deputy or Assistant City Clerks, and City Clerk support staff. Training will focus on subjects such as agendas, minutes, recordkeeping, contracts, research methods, ordinances, resolutions, elections, and a myriad of other subjects. A City Attorney will provide information on the Brown Act, the Public Records Act, and other California statutes. Those completing the workshop will receive 3 points toward CMC certification for attendance at an IIMC recognized Municipal Clerks Institute. Attendance at all sessions is mandatory to receive credit. Registration is limited to 100 participants. This workshop sells out fast, register today! The theme this year is “Superheros.” The workshop is casual and we encourage you to dress in appropriate “theme” attire. For more information contact: Jeffrie Madland, City Clerk City of Camarillo jmadland@cityofcamarillo.org (805) 388-5315 Lisa Pope, Assistant City Clerk City of Santa Monica lisa.pope@smgov.net (310) 458-8211 x 5590 Be Your Own Superhero! 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE THE FISCAL YEAR 2015/16 TREASURY REPORTS FOR THE PERIOD OF APRIL 1, 2016 TO MAY 31, 2016 RECOMMENDATION Receive and file the Fiscal Year 2015-16 Treasury Reports for the period of April 1, 2016 to May 31, 2016. EXECUTIVE SUMMARY • June 2016 investment report will be taken to the Investment Advisory Board for review and confirmation on November 9, 2016. This report was not available for the August 10, 2016 meeting since the final accounting accrual period for June 2016 officially ended on August 30, 2016. • The Treasurer’s Reports (Attachments 1 and 2), submitted to the Investment Advisory Board and City Council for review, summarize all cash and investments of the City, Successor Agency, Housing Authority, and Financing Authority. • The attached reports were unanimously received and filed by the Investment Advisory Board on August 10, 2016. • There is sufficient investment liquidity and anticipated revenues available to meet estimated expenditures. FISCAL IMPACT – None BACKGROUND/ANALYSIS Treasurer’s Commentary on April and May 2016 Reports For the April 1, 2016 through May 31, 2016 period of FY 2015 the City’s total portfolio increased by $8.2 million from $119.4 million to $127.6 million. The larger receipts in April and May of FY 2015-16 by month were: April 2016 • $653,600 of sales tax revenue • $629,339 of property tax payment 97 May 2016 • $3.74 million property tax payment • $2.09 million in Educational Revenue Augmentation Funds (ERAF) • $1.66 million for insurance settlement from flood damages The larger disbursements (not including monthly payroll costs) of FY 2015-16 by month were: April 2016 • $1.9 million to Riverside County Sheriff Department for police • $309,399 to Landmark for contract golf management at SilverRock • $72,760 to Conserve Landcare for landscape services May 2016 • $949,192 to Riverside County Sheriff Department for police services • $320,363 to Landmark for contract golf management at SilverRock Investment Activity April 2016 • $1 million was transferred from LAIF to the City’s checking to cover operating expenses • 2 new US Government Sponsored Enterprises of $2,500,000 and $2,491,250 were purchased to replace one matured US Government Sponsored Enterprise • Bank fees in April were $3,039 and the sweep account earned $11 in interest income • Average investment maturity in April was 353 days as compared to 314 days in March May 2016 • $8 million was transferred to LAIF from the City’s checking account • One new Certificate of Deposit of $240,000 was purchased to replace one matured Certificate of Deposit of $240,230 • Bank fees for the month of May were $2,800.54 and the sweep account earned $21 in interest income • Average investment maturity in May was 319 days as compared to 353 days in April Portfolio Performance April 2016 - Overall portfolio performance in April of .64% was in line with the .65% performance in March. At April 30, 2015 the portfolio yielded was .15% with an average maturity of 248 days. May 2016- Overall portfolio performance in May was similar to April at .59%. In May of last year the portfolio yielded was .14% with an average maturity of 174 days. 98 Looking Ahead The Treasurer follows a “buy and hold” investment policy. In the short term the Treasurer will invest in negotiable certificates of deposits, GSE securities, U.S. Treasuries and LAIF as needed. ALTERNATIVES – None Prepared by: Karla Campos, Finance Director Approved by: Frank J. Spevacek, City Manager Attachments: 1. Treasurer’s Report April 30, 2016 2. Treasurer’s Report May 31, 2016 99 100 101 C I T Y O F L A Q U I N T A PE R M I S S I B L E D E P O S I T S A N D I N V E S T M E N T S Ap r i l 3 0 , 2 0 1 6 Th e C i t y T r e a s u r e r w i l l b e p e r m i t t e d t o i n v e s t i n t h e f o l l o w i n g t y p e s o f i n v e s t m e n t s s u b j e c t t o t h e m a x i m u m p e r c e n t a g e c o m p l i a n c e l i m i t s a n d b i d p r o c e s s r e q u i r e m e n t s : Al l m a t u r i t i e s m u s t b e l e s s t h a n t h e m a x i m u m a l l o w e d . Al l F u n d s A l l F u n d s A l l F u n d s S u r p l u s S u r p l u s S u r p l u s M a x i m u m Ty p e o f I n v e s t m e n t s Ma x i m u m A ct u a l % O v e r ( U n d e r ) Ma x i m u m % O v e r ( U n d e r ) Re s t r i c t i o n s M a t u r i t y Credit Qualit y Exception s Ch e c k i n g / S a v i n g s a n d o t h e r t i m e a c c o u n t s 85 . 0 0 % 3 . 2 5 % -8 1 . 7 5 % 85 . 0 0 % 1 . 0 0 % - 8 4 . 0 0 % < = $ 2 5 0 , 0 0 0 p e r i n s t i t u t i o n 3 y e a r s FDIC Insured None C e r t i f i c a t e o f D e p o s i t s 60 . 0 0 % 9 . 1 5 % -5 0 . 8 5 % 60 . 0 0 % 9 . 3 8 % - 5 0 . 6 2 % < = $ 2 5 0 , 0 0 0 p e r i n s t i t u t i o n 5 y e a r s FDIC Insured None U. S . T r e a s u r y B i l l s , S t r i p s , N o t e s a n d B o n d s . 10 0 . 0 0 % 1 6 . 6 7 % -8 3 . 3 3 % 10 0 . 0 0 % 1 7 . 0 6 % - 8 2 . 9 4 % Ex c e p t n o m o r e t h a n $ 8 mi l l i o n m a y b e i n v e s t e d ov e r 2 y e a r s 10 y e a r s None U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s a n d F e d e r a l Go v e r n m e n t S e c u r i t i e s ( e x c e p t a n y c o l l a t e r a l i z e d m o r t g a g e ob l i g a t i o n ( C M O ) o r s t r u c t u r e d n o t e w h i c h c o n t a i n s e m b e d d e d 30 . 0 0 % 2 3 . 4 6 % -6 . 5 4 % 30 . 0 0 % 2 4 . 0 0 % - 6 . 0 0 % Re s t r i c t e d t o p e r - i s s u e r li m i t s b e l o w : 3 y e a r s None - G o v e r n m e n t N a t i o n a l M o r t g a g e A s s o c i a t i o n ( G N M A ) - $ - $ - F e d e r a l F a r m C r e d i t ( F F C B ) 30 , 0 0 0 , 0 0 0 - ( 3 0 , 0 0 0 , 0 0 0 ) 30 , 0 0 0 , 0 0 0 - ( 3 0 , 0 0 0 , 0 0 0 ) $3 0 . 0 m i l l i o n - F e d e r a l H o m e L o a n B a n k N o t e s & B o n d s ( F H L B ) 25 , 0 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 (2 2 , 5 0 0 , 0 0 0 ) 25 , 0 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 (2 2 , 5 0 0 , 0 0 0 ) $2 5 . 0 m i l l i o n - F e d e r a l N a t i o n a l M o r t g a g e A s s o c i a t i o n ( F N M A ) 20 , 0 0 0 , 0 0 0 18 , 0 0 0 , 0 0 0 (2 , 0 0 0 , 0 0 0 ) 20 , 0 0 0 , 0 0 0 18 , 0 0 0 , 0 0 0 (2 , 0 0 0 , 0 0 0 ) $2 0 . 0 m i l l i o n - F e d e r a l H o m e L o a n M o r t g a g e C o r p o r a t i o n ( F H L M C ) 20 , 0 0 0 , 0 0 0 7, 5 0 0 , 0 0 0 (1 2 , 5 0 0 , 0 0 0 ) 20 , 0 0 0 , 0 0 0 7, 5 0 0 , 0 0 0 (1 2 , 5 0 0 , 0 0 0 ) $2 0 . 0 m i l l i o n 95 , 0 0 0 , 0 0 0 2 8 , 0 0 0 , 0 0 0 $ (6 7 , 0 0 0 , 0 0 0 ) 9 5 , 0 0 0 , 0 0 0 2 8 , 0 0 0 , 0 0 0 $ ( 6 7 , 0 0 0 , 0 0 0 ) $ $9 5 . 0 m i l l i o n Pr i m e C o m m e r c i a l P a p e r 15 . 0 0 % 0 . 0 0 % -1 5 . 0 0 % 15 . 0 0 % 0 . 0 0 % - 1 5 . 0 0 % 15 % 9 0 d a y s S t a n d a r d & P o o r s / M o o d y ' s N o n e 5, 0 0 0 , 0 0 0 (5 , 0 0 0 , 0 0 0 ) 5, 0 0 0 , 0 0 0 - (5 , 0 0 0 , 0 0 0 ) A-1, P-1 Me d i u m T e r m C o r p o r a t e N o t e s - T L G P 20 . 0 0 % - - 2 0 . 0 0 % 10 . 0 0 % 0 . 0 0 % - 1 0 . 0 0 % $ 1 0 , 0 0 0 , 0 0 0 p e r I s s u e r 3 y e a r s a t l e a s t S t a n d a r d & P o o r s " A A " N o n e 10 , 0 0 0 , 0 0 0 - (1 0 , 0 0 0 , 0 0 0 ) 10 , 0 0 0 , 0 0 0 - (1 0 , 0 0 0 , 0 0 0 ) Lo c a l A g e n c y I n v e s t m e n t F u n d ( L A I F ) 30 . 0 0 % 2 1 . 2 8 % -8 . 7 2 % 30 . 0 0 % 2 1 . 7 8 % - 8 . 2 2 % $ 5 0 , 0 0 0 , 0 0 0 p e r a c c o u n t 3 y e a r s Unrated None Ut i l i z e D V P Lo c a l A g e n c y B o n d s / C A L o c a l A g e n c y B o n d O b l i g a t i o n s 10 . 0 0 % 0 . 0 0 % -1 0 . 0 0 % 10 . 0 0 % 0 . 0 0 % - 1 0 . 0 0 % $ 3 0 , 0 0 0 , 0 0 0 p e r a c c o u n t 1 0 y e a r s Pr o f e s s i o n a l l y M a n a g e d A c c o u n t 10 . 0 0 % 0 . 0 0 % -1 0 . 0 0 % 10 . 0 0 % 0 . 0 0 % - 1 0 . 0 0 % 3 y e a r s Mo n e y m a r k e t m u t u a l f u n d s r e g u l a t e d b y t h e S e c u r i t i e s a n d Ex c h a n g e C o m m i s s i o n a n d w h o s e p o r t f o l i o c o n s i s t s o n l y o f U S Ag e n c y S e c u r i t i e s m a i n t a i n i n g a p a r v a l u e p e r s h a r e o f $ 1 . 20 . 0 0 % 2 6 . 1 8 % 6. 1 8 % 20 % 2 6 . 7 9 % 6 . 7 9 % Ma i n t a i n $ 1 p e r s h a r e 6 0 d a y s A A A b y t w o o f t h r e e r a t i n g N o n e pa r v a l u e . agencies or assets of $500 million Ut i l i z e D V P and investor SEC licensed > 5 yr s In v e s t m e n t A g r e e m e n t s f o r b o n d p r o c e e d s a n d / o r r e s e r v e f u n d s . N / A 0. 0 0 % N/ A N/ A 0 . 0 0 % N / A None To t a l 10 0 . 0 0 % 10 0 . 0 0 % An n u a l i z e d E a r n i n g s o f P o o l e d C a s h I n v e s t m e n t s 0. 8 2 3 % An n u a l i z e d E a r n i n g s o f F i s c a l A g e n t I n v e s t m e n t s 0. 0 2 0 % An n u a l i z e d E a r n i n g s o f A l l I n v e s t m e n t s 0. 6 0 6 % 102 Ci t y o f L a Q u i n t a Su m m a r y o f H o l d i n g s Ci t y , R e d e v e l o p m e n t A g e n c y a n d F i n a n c i n g A u t h o r i t y Ap r i l 3 0 , 2 0 1 6 Ci t y C a s h & I n v e s t m e n t s Ba n k A c c o u n t s I n t e r e s t B o o k U n r e a l i z e d F a i r Na m e - A v a i l a b i l i t y S u r p l u s T y p e R a t e V a l u e G a i n ( L o s s ) V a l u e B a n k We l l s F a r g o - D e m a n d Y e s C h e c k i n g 0 . 0 0 % 2 , 7 1 6 , 7 2 1 $ N / A 2 , 7 1 6 , 7 2 1 $ 2 , 9 9 2 , 8 4 1 $ Pe t t y C a s h - D e m a n d N o N / A N / A 1 , 7 0 0 N / A 1 , 7 0 0 1 , 7 0 0 Fi r s t E m p i r e S e c u r i t i e s Y e s S a v i n g s A c c t C D I n t e r e s t E a r n i n g s N / A 1 3 , 4 3 7 N / A 1 3 , 4 3 7 - Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s O p e r a t i n g N / A 1 4 4 , 3 2 5 N / A 1 4 4 , 3 2 5 1 4 4 , 9 6 1 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s T a x e s & I n s u r a n c e A c c t 0 . 0 0 % 1 5 , 1 7 1 N / A 1 5 , 1 7 1 1 3 , 0 7 1 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s S e c u r i t y D e p o s i t 0 . 0 5 % 2 7 , 5 7 6 N / A 2 7 , 5 7 6 2 7 , 5 7 6 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s S a v i n g s 0 . 0 5 % 2 5 6 , 8 6 2 N / A 2 5 6 , 8 6 2 2 5 6 , 8 6 2 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s M o n e y M a r k e t 0 . 0 0 % - N / A - - Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s R e p l a c e m e n t R e s e r v e C D 0 . 3 5 % 6 0 0 , 0 0 0 N / A 6 0 0 , 0 0 0 6 0 0 , 0 0 0 Wa s h i n g t o n S t . A p t s . P e t t y C a s h - D e m a n d Y e s N / A 0 . 0 0 % 2 0 0 N / A 2 0 0 2 0 0 We l l s F a r g o / H o u s i n g - D e m a n d Y e s C h e c k i n g 0 . 0 0 % 1 1 8 , 8 8 9 N / A 1 1 8 , 8 8 9 1 2 2 , 7 5 8 To t a l - B a n k A c c o u n t s 3, 8 9 4 , 8 8 1 $ 3 , 8 9 4 , 8 8 1 $ 4 , 1 5 9 , 9 6 9 $ U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s Di s c o u n t / Fa i r V a l u e a t 0 6 / 3 0 / 1 5 Un r e a l i z e d Fa i r Ac c r u e d D a y s Or i g i n a l Settlement First Call Date Maturity Original Days Yield to Market Value Cu s t o d i a n - A v a i l a b i l i t y Su r p l u s T y p e / M o o d y ' s R a t i n g Ra t e or c u r r e n t y e a r a d d i t i o n Ga i n ( L o s s ) Va l u e In t e r e s t t o M a t u r i t y P u r c h a s e P r i c e Date Date to Maturity Maturity Source Ba n k o f N e w Y o r k - D e m a n d Ye s F N M A A A A 0. 7 5 0 % 13 , 1 6 5 , 4 9 2 $ (1 1 , 0 3 8 ) $ 13 , 1 5 4 , 4 5 4 $ 12 , 5 9 3 3 1 8 13 , 0 0 0 , 0 0 0 $ 06/17/13 03/14/14 03/14/17 1366 0.750% Bank of New York Ba n k o f N e w Y o r k - D e m a n d Ye s F N M A A A A 0. 7 5 0 % 4, 8 6 9 , 4 2 8 (4 , 0 8 2 ) 4, 8 6 5 , 3 4 6 4, 6 5 8 3 1 8 5,000,000 05/30/13 03/14/14 03/14/17 1384 0.750% Bank of New York Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s F H L M C A A A 1. 7 5 0 % 4, 9 9 0 , 0 0 0 55 , 6 0 0 5, 0 4 5 , 6 0 0 29 , 4 1 0 1 , 5 2 1 5,000,000 06/29/15 06/29/17 06/29/20 1827 1.750% First Empire Securites Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s F H L M C A A A 1. 2 5 0 % 2, 5 0 0 , 0 0 0 (5 , 0 5 0 ) 2, 4 9 4 , 9 5 0 17 4 1 , 8 2 4 2,500,000 04/28/16 10/28/16 04/28/21 1826 1.250% First Empire Securites Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s F H L B A A A 1. 4 2 3 % 2, 4 9 1 , 2 5 0 (1 , 3 2 5 ) 2, 4 8 9 , 9 2 5 18 7 1 , 8 2 4 2,500,000 04/28/16 10/28/16 04/28/21 1826 1.423% First Empire Securites To t a l - U . S . G o v e r n m e n t S e c u r i t i e s 28 , 0 1 6 , 1 7 0 $ 34 , 1 0 5 $ 28 , 0 5 0 , 2 7 5 $ 47 , 0 2 2 $ 28 , 0 0 0 , 0 0 0 $ U. S . T r e a s u r y N o t e s Di s c o u n t / Fa i r V a l u e a t 0 6 / 3 0 / 1 5 Un r e a l i z e d Fa i r Ac c r u e d D a y s Or i g i n a l Settlement First Call Date Maturity Original Days Yield to Market Value Cu s t o d i a n - A v a i l a b i l i t y Su r p l u s Is s u e r / T y p e Ra t e or c u r r e n t y e a r a d d i t i o n Ga i n ( L o s s ) Va l u e In t e r e s t t o M a t u r i t y P u r c h a s e P r i c e Date Date to Maturity Maturity Source Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 1. 4 3 1 % 4, 8 9 0 , 6 5 0 $ 10 0 , 3 5 0 $ 4, 9 9 1 , 0 0 0 $ 20 , 7 6 5 $ 1, 3 0 9 5,000,000 $ 06/03/15 N/A 11/30/19 1641 1.431% First Empire Securities Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 0. 3 6 2 % 5, 0 0 8 , 0 0 0 (5 , 9 5 0 ) 5, 0 0 2 , 0 5 0 2, 0 4 9 15 3 5,000,000 07/31/15 N/A 09/30/16 427 0.362% First Empire Securities Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 0. 4 8 7 % 5, 0 0 1 , 0 0 0 (2 , 1 5 0 ) 4, 9 9 8 , 8 5 0 6, 1 8 1 27 6 5,000,000 07/31/15 N/A 01/31/17 550 0.487% First Empire Securities Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 0. 2 7 9 % 5, 0 1 6 , 5 0 0 (1 3 , 3 0 0 ) 5, 0 0 3 , 2 0 0 9, 1 0 0 76 5,000,000 07/31/15 N/A 07/15/16 350 0.279% First Empire Securities To t a l - U . S . T r e a s u r y 19 , 9 1 6 , 1 5 0 $ 78 , 9 5 0 $ 19 , 9 9 5 , 1 0 0 $ 38 , 0 9 5 $ 20 , 0 0 0 , 0 0 0 $ Ce r t i c a t e s o f D e p o s i t Yi e l d Fa i r V a l u e a t 0 6 / 3 0 / 1 5 Un r e a l i z e d Fa i r Ac c r u e d D a y s Or i g i n a l Settlement First Call Date Maturity Original Days Yield to Market Value Cu s t o d i a n - A v a i l a b i l i t y Su r p l u s Is s u e r / T y p e Pr i c e or c u r r e n t y e a r a d d i t i o n Ga i n ( L o s s ) Va l u e In t e r e s t t o M a t u r i t y P u r c h a s e P r i c e Date Date to Maturity Maturity Source G. E . C a p B a n k C T F D e p P r g r m Ye s G . E . C a p i t a l B a n k C D 1. 1 0 0 % 23 8 , 9 9 2 1, 3 9 0 24 0 , 3 8 2 99 8 5 9 3 240,000 $ 12/14/12 N/A 12/14/17 1826 1.100% G.E. Capital Bank Go l d m a n S a c h s Ye s G o l d m a n S a c h s C D 1. 5 0 0 % 23 9 , 2 3 0 1, 3 2 4 24 0 , 5 5 4 1, 0 0 6 59 8 240,000 12/14/12 N/A 12/19/17 1831 1.150%Goldman Sachs Am e x C e n t u r i o n Ye s A m e x C e n t u r i o n B a n k C D 1. 0 0 0 % 24 2 , 7 9 4 1, 0 8 0 24 3 , 8 7 4 99 9 8 3 0 240,000 08/08/13 N/A 08/08/18 1826 1.900% Amex Centurion Bank Ci t i B a n k Ye s C i t i b a n k C D 1. 0 0 0 % 24 2 , 8 3 2 1, 1 0 4 24 3 , 9 3 6 94 9 8 3 6 240,000 08/14/13 N/A 08/14/18 1826 1.900%CitiBank CD We b s t e r B a n k Ye s W e b s t e r B a n k C D 1. 8 0 0 % 24 1 , 4 4 5 2, 7 1 4 24 4 , 1 5 9 83 1 , 0 8 8 240,000 04/23/14 N/A 04/23/19 1826 1.800%Webster Bank BM W B a n k Ye s B M W B a n k C D 1. 9 0 0 % 24 1 , 4 2 6 2, 7 2 1 24 4 , 1 4 7 62 1 , 0 9 0 240,000 04/25/14 N/A 04/25/19 1826 1.900%BMW Bank Me d a l l i o n B a n k Ye s M e d a l l i o n B a n k C D 1. 3 5 0 % 24 0 , 7 3 9 22 1 24 0 , 9 6 0 53 7 2 5 240,000 04/25/14 N/A 04/25/18 1461 1.350%Medallion Bank Ba r c l a y s B a n k Ye s B a r c l a y s B a n k C D 1. 9 0 0 % 24 1 , 3 9 0 2, 7 5 0 24 4 , 1 4 0 12 1 , 0 9 4 240,000 04/29/14 N/A 04/29/19 1826 1.900%Barclays Bank Th i r d S a v i n g s B a n k & L o a n Ye s T h i r d S a v i n g s B a n k & L o a n C D 1 . 2 5 0 % 24 0 , 5 8 3 24 0 24 0 , 8 2 3 8 7 2 8 240,000 04/29/14 N/A 04/28/18 1460 1.250% Third Savings Bank & Loan Be r k s h i r e B a n k Ye s B e r k s h i r e B a n k C D 1. 3 5 0 % 24 0 , 6 4 1 1, 1 5 2 24 1 , 7 9 3 - 7 3 0 240,000 04/30/14 N/A 04/30/18 1461 1.350%Berkshire Bank Cr e s c e n t B a n k Ye s C r e s c e n t B a n k C D 1. 3 0 0 % 24 0 , 7 7 3 (6 7 ) 24 0 , 7 0 6 - 7 3 0 240,000 04/30/14 N/A 04/30/18 1461 1.300%Crescent Bank Co r n e r s t o n e C o m m e r c i a l B a n k Ye s C o r n e r s t o n e C o m m e r c i a l B a n k C D 1 . 3 5 0 % 24 0 , 6 4 1 30 0 24 0 , 9 4 1 - 7 3 0 240,000 04/30/14 N/A 04/30/18 1461 1.350% Cornerstone Commercial Bank Fi r s t M e r c h a n t s B a n k Ye s F i r s t M e r c h a n t s B a n k C D 1. 5 0 0 % 24 1 , 2 8 9 1, 9 4 9 24 3 , 2 3 8 - 7 3 0 240,000 04/30/14 N/A 04/30/18 1461 1.500% First Merchants Bank Ep h r a t a B a n k Ye s E p h r a t a B a n k C D 1. 6 5 0 % 24 1 , 4 7 8 2, 7 4 8 24 4 , 2 2 6 - 7 3 0 240,000 04/30/14 N/A 04/30/18 1461 1.650%Ephrata Bank Pa r k w a y B a n k & T r u s t Ye s P a r k w a y B a n k & T r u s t C D 0. 4 5 0 % 24 0 , 2 3 0 (2 2 3 ) 24 0 , 0 0 7 47 0 23 240,000 05/23/14 N/A 05/23/16 731 0.450% Parkway Bank & Trust Cu s t o m e r s B a n k Ye s C u s t o m e r s B a n k C D 1. 0 0 0 % 24 0 , 7 3 2 12 7 24 0 , 8 5 9 1, 0 1 2 39 5 240,000 05/28/14 N/A 05/30/17 1098 1.000% Customers Bank Tr a v e r s e C i t y Ye s T r a v e r s e C i t y C D 1. 1 0 0 % 24 0 , 5 5 7 81 3 24 1 , 3 7 0 - 5 7 9 240,000 05/30/14 N/A 11/30/17 1280 1.100%Traverse City Me r r i c k B a n k Ye s M e r r i c k B a n k C D 1. 3 5 0 % 24 0 , 6 4 8 1, 1 9 3 24 1 , 8 4 1 18 6 7 3 9 240,000 05/09/14 N/A 05/09/18 1461 1.350%Merrick Bank Re g a l B a n k Ye s R e g a l B a n k C D 1. 4 0 0 % 24 0 , 7 9 9 1, 4 8 6 24 2 , 2 8 5 12 9 8 0 7 240,000 05/16/14 N/A 07/16/18 1522 1.400%Regal Bank Sy n c h r o n y G . E . C a p R e t a i l B a n k C D ( D r a p e r ) Y e s S y n c h r o n y G . E . C a p i t a l R e t a i l B a n k 2 . 0 0 0 % 24 1 , 2 7 4 2, 7 8 9 24 4 , 0 6 3 2, 3 5 4 1 , 0 9 7 240,000 05/02/14 N/A 05/02/19 1826 2.000% Synchrony G.E. Cap (Draper) Fi r s t B u s i n e s s B a n k Ye s F i r s t B u s i n e s s B a n k C D 1. 7 5 0 % 24 1 , 2 1 0 2, 9 3 2 24 4 , 1 4 2 1, 8 6 4 1 , 1 1 5 240,000 05/20/14 N/A 05/20/19 1826 1.750% First Business Bank Gu l f C o a s t B a n k Ye s G u l f C o a s t B a n k C D 1. 7 5 0 % 24 1 , 3 0 5 1, 1 1 7 24 2 , 4 2 2 12 6 1 , 1 1 5 240,000 05/19/14 N/A 05/20/19 1827 1.750% Gulf Coast Bank Pe a p a c k - G o l d s t o n e B a n k Ye s P e a p a c k - G o l d s t o n e B a n k C D 1. 8 0 0 % 24 1 , 2 3 1 2, 9 8 8 24 4 , 2 1 9 23 1 , 1 2 3 240,000 05/28/14 N/A 05/28/19 1826 1.800% Peapack-Goldstone Bank Wa s h i n g t o n T r u s t Ye s W a s h i n g t o n T r u s t C D 0. 6 5 0 % 24 0 , 6 6 7 (1 7 5 ) 24 0 , 4 9 2 61 1 2 5 4 240,000 06/09/14 N/A 01/09/17 945 0.650% Washington Trust TC F N a t i o n a l B a n k Ye s T C F N a t i o n a l B a n k 0. 7 0 0 % 24 7 , 6 4 0 62 8 24 8 , 2 6 8 70 8 4 0 1 248,000 06/03/15 N/A 06/05/17 733 0.700% TCF National Bank To w n e B a n k Ye s T o w n e B a n k 0. 9 0 0 % 24 7 , 6 3 8 64 0 24 8 , 2 7 8 85 6 4 0 8 248,000 06/12/15 N/A 06/12/17 731 0.900%Towne Bank 1s t N a t i o n a l - M a y f i e l d Ye s 1 s t N a t i o n a l - M a y f i e l d 1. 0 0 0 % 24 7 , 1 6 7 1, 3 5 6 24 8 , 5 2 3 12 9 5 9 0 248,000 06/11/15 N/A 12/11/17 914 1.000% 1st National-Mayfield In d e p e n d e n t B a n k Ye s I n d e p e n d e n t B a n k 0. 9 0 0 % 24 6 , 9 8 3 1, 5 0 5 24 8 , 4 8 8 11 0 6 2 2 248,000 06/12/15 N/A 01/12/18 945 0.900% Independent Bank Em b a s s y N a t i o n a l Ye s E m b a s s y N a t i o n a l 1. 0 0 0 % 24 6 , 6 6 1 1, 6 9 9 24 8 , 3 6 0 88 6 8 5 248,000 06/17/15 N/A 03/16/18 1003 1.000% Embassy National Ca r o l i n a A l l i a n c e Ye s C a r o l i n a A l l i a n c e 1. 0 0 0 % 24 6 , 6 9 8 1, 6 9 6 24 8 , 3 9 4 75 6 8 8 248,000 06/19/15 N/A 03/19/18 1004 1.000% Carolina Alliance So u t h A t l a n t i c Ye s S o u t h A t l a n t i c 1. 0 0 0 % 24 6 , 5 8 4 81 3 24 7 , 3 9 7 14 2 7 0 4 248,000 06/09/15 N/A 04/04/18 1030 1.000%South Atlantic Co m p a s s B a n k Ye s C o m p a s s B a n k 1. 3 5 0 % 24 6 , 2 8 9 2, 0 1 6 24 8 , 3 0 5 1, 3 4 8 76 6 248,000 06/05/15 N/A 06/05/18 1096 1.350%Compass Bank MB F i n a n c i a l B a n k Ye s M B F i n a n c i a l B a n k 1. 1 0 0 % 24 6 , 3 4 8 2, 0 0 9 24 8 , 3 5 7 18 7 7 6 6 248,000 06/05/15 N/A 06/05/18 1096 1.100% MB Financial Bank Mf r T r a d e & T r u s t Ye s M f r T r a d e & T r u s t 1. 2 0 0 % 24 6 , 2 3 4 1, 9 0 2 24 8 , 1 3 6 1, 1 5 8 77 2 248,000 06/10/15 N/A 06/11/18 1097 1.200% Mfr Trade & Trust Mo r t o n C o m m u n i t y Ye s M o r t o n C o m m u n i t y 1. 2 5 0 % 24 6 , 0 0 1 2, 9 7 9 24 8 , 9 8 0 15 3 9 5 6 248,000 06/12/15 N/A 12/12/18 1279 1.250% Morton Community Fa r m e r s & M e r c h Ye s F a r m e r s & M e r c h 1. 2 5 0 % 24 6 , 0 0 1 3, 2 0 2 24 9 , 2 0 3 21 2 1 , 0 1 1 248,000 06/05/15 N/A 02/05/19 1341 1.250% Farmers & Merch So l o m o n S t a t e Ye s S o l o m o n S t a t e 1. 4 0 0 % 24 5 , 8 2 5 3, 8 3 2 24 9 , 6 5 7 24 7 1 , 1 3 0 248,000 06/04/15 N/A 06/04/19 1461 1.400%Solomon State Co n n e c t O n e Ye s C o n n e c t O n e 1. 5 0 0 % 24 5 , 8 1 7 3, 8 3 5 24 9 , 6 5 2 25 4 1 , 1 3 1 248,000 06/05/15 N/A 06/05/19 1461 1.500%Connect One Ri v e r w o o d Ye s R i v e r w o o d 1. 4 0 0 % 24 5 , 5 6 5 4, 4 6 1 25 0 , 0 2 6 23 8 1 , 2 2 3 248,000 06/05/15 N/A 09/05/19 1553 1.400%Riverwood Ev e r B a n k Ye s E v e r B a n k 1. 7 0 0 % 24 4 , 7 9 8 6, 4 9 0 25 1 , 2 8 8 1, 6 9 8 1 , 4 9 7 248,000 06/05/15 N/A 06/05/20 1827 1.700%EverBank Ca p i t a l O n e Ye s C a p i t a l O n e 1. 9 0 0 % 24 1 , 7 9 0 6, 4 3 4 24 8 , 2 2 4 1, 8 1 1 1, 5 0 2 245,000 06/10/15 N/A 06/10/20 1827 1.900%Capital One Ba n k M i d W e s t Ye s B a n k M i d W e s t 1. 6 5 0 % 24 4 , 8 1 1 6, 5 7 7 25 1 , 3 8 8 20 2 1 , 5 0 4 248,000 06/12/15 N/A 06/12/20 1827 1.650%Bank MidWest Al l y B a n k M i d v a l e Ye s A l l y B a n k M i d v a l e 1. 7 0 0 % 24 0 , 0 0 0 2, 1 3 4 24 2 , 1 3 4 1, 4 3 0 96 8 240,000 12/24/15 N/A 12/24/18 1096 1.700% Ally Bank Midvale We l l s F a r g o B a n k Ye s W e l l s F a r g o B a n k 1. 2 0 0 % 24 0 , 0 0 0 1, 9 4 2 24 1 , 9 4 2 31 1 , 0 3 2 240,000 02/26/16 N/A 02/26/19 1096 1.200% Wells Fargo Bank Co m e n i t y C a p i t a l B a n k Ye s C o m e n i t y C a p i t a l B a n k 1. 7 0 0 % 24 0 , 0 0 0 (2 5 2 ) 23 9 , 7 4 8 89 1 , 7 5 9 240,000 02/22/16 N/A 02/22/21 1827 1.700% Comenity Capital Bank To t a l - C e r t i f i c a t e s o f D e p o s i t Av e r a g e C D Y i e l d 2. 2 2 2 % 10 , 9 3 1 , 7 5 6 $ 88 , 5 7 1 $ 11 , 0 2 0 , 3 2 7 $ 22 , 1 1 1 $ 10 , 9 4 1 , 0 0 0 $ 103 Ci t y o f L a Q u i n t a Su m m a r y o f H o l d i n g s Ci t y , R e d e v e l o p m e n t A g e n c y a n d F i n a n c i n g A u t h o r i t y Ap r i l 3 0 , 2 0 1 6 Lo c a l A g e n c y I n v e s t m e n t F u n d I n t e r e s t B o o k U n r e a l i z a b l e F a i r A c c r u e d D a y s t o A c t u a l M a n a g e m e n t S t a t u t o r y M g m t Na m e - A v a i l a b i l i t y S u r p l u s T y p e R a t e V a l u e G a i n / ( L o s s ) V a l u e I n t e r e s t M a t u r i t y F e e s C h a r g e d F e e s A l l o w e d LA I F - C i t y - D e m a n d Y e s S t a t e P o o l 0 . 5 1 % 2 5 , 4 2 1 , 3 6 8 $ - $ 2 5 , 4 2 1 , 3 6 8 $ - $ N / A 1. 7 5 % - Q / E 0 3 / 3 1 / 1 6 5.00% To t a l - S t a t e P o o l 25 , 4 2 1 , 3 6 8 $ - $ 2 5 , 4 2 1 , 3 6 8 $ - $ To t a l C i t y I n v e s t m e n t s 84 , 2 8 5 , 4 4 4 $ 20 1 , 6 2 6 $ 84 , 4 8 7 , 0 7 0 $ 10 7 , 2 2 8 $ To t a l C i t y C a s h & I n v e s t m e n t s 88 , 1 8 0 , 3 2 5 $ 20 1 , 6 2 6 $ 88 , 3 8 1 , 9 5 2 $ 10 7 , 2 2 8 $ Fi s c a l A g e n t I n v e s t m e n t s Po r t f o l i o - M o n e y M r k t M u t u a l F u n d s Mo n e y M a r k e t In t e r e s t Bo o k U n r e a l i z a b l e M a r k e t Ac c r u e d D a y s t o M a n a g e m e n t Tr u s t e e - A v a i l a b i l i t y Su r p l u s Mu t u a l F u n d Ra t e Va l u e G a i n / ( L o s s ) Va l u e In t e r e s t M a t u r i t y Fe e s Ci v i c C e n t e r U . S . B a n k - P r o j e c t Ye s 1s t A m e r i c a n 0. 0 2 0 % - $ - $ - $ N / A 1 . 4 0 % o f A v e r a g e D a i l y Ci v i c C e n t e r U . S . B a n k - D e b t S v c Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 4 S A U . S . B a n k - D e b t S v c Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 8 S A U . S . B a n k - P A 2 D e b t S v c Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 8 S A U . S . B a n k - P A 1 D e b t S v c Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 6 F A S e r i e s B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 1 S A U . S . B a n k - D e b t S e r v i c e Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 4 F i n A u t h R e v e n u e B o n d s Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 4 F i n A u t h H o u s i n g P r o j e c t Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 2 S A U . S . B a n k - C I P Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 2 S A U . S . B a n k - D e b t S v c Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 1 1 P A 2 T a x A l l o c a t i o n B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % 2, 4 2 0 , 2 8 6 - 2, 4 2 0 , 2 8 6 N/ A 1 20 1 1 P A 2 T a x A l l o c a t i o n B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % 52 - 52 N / A 1 20 1 1 F i n a n c i n g A u t h o r i t y D e b t S e r v i c e Y e s 1s t A m e r i c a n 0. 0 2 0 % 69 - 69 N / A 1 20 1 1 P A 2 T a x A l l o c a t i o n B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % 60 0 , 0 0 9 - 60 0 , 0 0 9 N/ A 1 20 1 1 F i n a n c i n g A u t h o r i t y R e s e r v e Y e s 1s t A m e r i c a n 0. 0 2 0 % 2, 6 9 4 , 4 2 1 - 2, 6 9 4 , 4 2 1 N/ A 1 20 1 1 P A 2 T a x a b l e R e v e n u e B o n d Y e s 1s t A m e r i c a n 0. 0 2 0 % 25 , 5 6 0 , 9 4 7 - 2 5 , 5 6 0 , 9 4 7 N/ A 1 20 1 1 S A 1 D e b t S e r v i c e F u n d Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 1 1 S A 2 B o n d P r o c e e d s Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 1 3 S e r i e s A R e f u n d i n g B o n d s Y e s 1s t A m e r i c a n 0. 0 2 0 % 7 - 7 N / A 1 20 1 3 S e r i e s B R e f u n d i n g B o n d s Y e s 1s t A m e r i c a n 0. 0 2 0 % 2 - 2 N / A 1 20 1 4 T a x A l l o c a t i o n R e f u n d i n g B o n d s Y e s 1s t A m e r i c a n 0. 0 2 0 % 40 - 40 N / A 1 Su b t o t a l - M u t u a l F u n d 31 , 2 7 5 , 8 3 3 - $ 3 1 , 2 7 5 , 8 3 3 - $ To t a l F i s c a l A g e n t I n v e s t m e n t s 31 , 2 7 5 , 8 3 3 $ - $ 3 1 , 2 7 5 , 8 3 3 $ - $ Gr a n d T o t a l 11 9 , 4 5 6 , 1 5 8 $ 20 1 , 6 2 6 $ 11 9 , 6 5 7 , 7 8 5 $ 10 7 , 2 2 8 $ Av e r a g e M a t u r i t y 35 3 Da y s 0. 6 4 % 104 Ci t y o f L a Q u i n t a Su m m a r y o f I n v e s t m e n t A c t i v i t i e s Ci t y , S u c c e s s o r A g e n c y a n d F i n a n c i n g A u t h o r i t y Ap r i l 3 0 , 2 0 1 6 In v e s t m e n t s P u r c h a s e d Yield Na m e T y p e Pr i n c i p a l Da t e t o M a t u r i t y Fi r s t E m p i r e S e c u r i t i e s (2 ) U S S e c u r i t i e s 4, 9 9 1 , 2 5 0 LA I F Qu a r t e r l y I n t e r e s t 30 , 5 2 0 US B a n k Mu t u a l F u n d I n t e r e s t 15 8 To t a l I n v e s t m e n t s P u r c h a s e d 5, 0 2 1 , 9 2 8 In v e s t m e n t s S o l d / M a t u r e d Yield Na m e Ty p e Pr i n c i p a l Da t e t o M a t u r i t y LA I F - C I T Y (1 , 0 0 0 , 0 0 0 ) De b t S v c P y m t ( 5 1 , 3 3 6 ) To t a l I n v e s t m e n t s S o l d / M a t u r e d ( 1 , 0 5 1 , 3 3 6 ) Ch e c k i n g & S a v i n g s - N e t C h a n g e (3 , 8 1 2 , 5 7 6 ) $ In v e s t m e n t C h a n g e Pr i o r M o n t h E n d i n g B a l a n c e 119,298,142 $ Pl u s : I n v e s t m e n t s P u r c h a s e d 5,021,928 Le s s : I n v e s t m e n t s S o l d (1,051,336) Ch e c k i n g & S a v i n g s - N e t C h a n g e (3,812,576) Mo n t h E n d i n g B a l a n c e 119,456,158 105 Ci t y o f L a Q u i n t a Di s t r i b u t i o n o f C a s h & I n v e s t m e n t s & B a l a n c e s Ap r i l 3 0 , 2 0 1 6 Di s t r i b u t i o n o f C a s h & I n v e s t m e n t s Ci t y To t a l s Ge n e r a l F u n d 50 , 4 2 3 , 8 9 8 Ga s T a x (3 4 , 7 3 1 ) Qu i m b y F u n d 5, 1 4 7 , 0 2 5 AB 9 3 9 73 1 , 9 1 8 In f r a s t r u c t u r e F u n d 23 , 4 6 0 De v e l o p e r I m p a c t f e e s 4, 0 0 4 , 0 4 5 Ar t i n P u b l i c P l a c e s 61 2 , 2 3 5 Sp e c i a l R e v e n u e 1, 3 5 9 , 7 5 7 In t e r e s t F u n d 43 , 9 6 8 Ca p i t a l P r o j e c t F u n d 1, 1 8 5 , 4 6 7 Eq u i p m e n t R e p l a c e m e n t F u n d 2, 6 7 9 , 4 5 1 In f o r m a t i o n T e c h n o l o g y F u n d 74 2 , 5 2 8 Pa r k E q u i p m e n t & F a c i l i t y 2, 5 6 2 , 1 5 8 La n d s c a p e & L i g h t i n g F u n d (5 1 0 , 4 3 7 ) Si l v e r R o c k R e s o r t (6 9 9 , 3 6 9 ) Tr u s t & A g e n c y F u n d s 27 4 , 8 5 9 In s u r a n c e F u n d 2, 4 9 2 Su p p l e m e n t a l P e n s i o n P l a n 13 9 , 6 1 1 S u b t o t a l 68 , 6 8 8 , 3 3 5 $ Su c c e s s o r A g e n c y To t a l s Pr o j e c t A r e a P r o j e c t A r e a 12 Ca p i t a l I m p r o v e m e n t F u n d s 6 , 5 7 8 , 8 4 3 $ 4 , 6 8 5 , 4 2 9 $ 1 1 , 2 6 4 , 2 7 2 $ De b t S e r v i c e F u n d s 3 , 0 8 5 2 6 1 3 , 3 4 6 $ Su c c e s s o r A g e n c y 5 , 0 1 9 , 4 1 7 8 5 , 0 1 9 , 4 2 5 $ Lo w & M o d e r a t e I n c o m e F u n d s 2 5 , 5 6 2 , 7 4 0 6 6 4 2 5 , 5 6 3 , 4 0 4 $ S u b t o t a l 3 7 , 1 6 4 , 0 8 5 $ 4 , 6 8 6 , 3 6 2 $ 4 1 , 8 5 0 , 4 4 7 $ Ho u s i n g A u t h o r i t y Lo w & M o d e r a t e I n c o m e F u n d s 2 , 5 5 9 , 2 1 6 $ 6 , 3 5 8 , 1 6 0 $ 8 , 9 1 7 , 3 7 6 $ S u b t o t a l 2, 5 5 9 , 2 1 6 $ 6 , 3 5 8 , 1 6 0 $ 8 , 9 1 7 , 3 7 6 $ Fi n a n c i n g A u t h o r i t y Pr o j e c t F u n d s De b t S e r v i c e F u n d s 0 0 S u b t o t a l - $ To t a l 11 9 , 4 5 6 , 1 5 8 $ Ca s h B a l a n c e s Ty p e Ju l y 1 5 A u g u s t Se p t e m b e r Oc t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 5 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 12 , 8 2 7 , 7 9 1 1 , 6 2 9 , 9 7 2 3 , 4 0 1 , 3 1 5 1 , 2 3 0 , 9 7 8 2 , 3 9 3 , 2 6 2 2 , 2 9 2 , 9 3 8 2 , 0 3 5 , 2 4 8 2 , 0 6 4 , 9 4 8 7 , 7 0 7 , 4 5 7 3 , 8 9 4 , 8 8 1 0 St a t e P o o l 33 , 9 5 1 , 8 1 0 1 7 , 7 5 1 , 8 1 0 1 5 , 3 5 1 , 8 1 0 1 5 , 3 7 6 , 5 2 5 1 4 , 3 7 6 , 5 2 5 1 7 , 3 7 6 , 5 2 5 3 1 , 3 9 0 , 8 4 8 2 7 , 3 9 0 , 8 4 8 2 6 , 3 9 0 , 8 4 8 2 5 , 4 2 1 , 3 6 8 0 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 0 0 0 0 0 0 0 0 0 0 0 U. S . T r e a s u r y B i l l s / N o t e s 19 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 0 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 3 , 0 2 4 , 9 2 0 2 8 , 0 1 6 , 1 7 0 0 Pr i m e C o m m e r c i a l P a p e r 0 0 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 10 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 1 , 7 5 6 1 0 , 9 3 1 , 7 5 6 1 0 , 9 3 1 , 7 5 6 0 Mu t u a l F u n d s 31 , 2 7 4 , 7 3 0 4 3 , 4 5 8 , 1 7 2 3 1 , 8 9 6 , 6 0 5 3 1 , 2 7 5 , 0 2 3 3 1 , 2 7 5 , 1 8 3 3 1 , 2 7 5 , 3 3 8 3 1 , 2 7 5 , 4 9 7 3 6 , 7 6 8 , 9 1 9 3 1 , 3 2 7 , 0 1 1 3 1 , 2 7 5 , 8 3 3 0 To t a l 13 6 , 9 2 6 , 5 5 2 $ 12 1 , 7 1 2 , 1 7 5 $ 10 9 , 5 2 1 , 9 5 1 $ 10 6 , 7 5 4 , 7 4 7 $ 10 6 , 9 1 7 , 1 9 1 $ 10 9 , 8 1 7 , 0 2 2 $ 12 3 , 5 7 3 , 8 1 4 $ 12 5 , 0 9 5 , 5 4 1 $ 11 9 , 2 9 8 , 1 4 2 $ 11 9 , 4 5 6 , 1 5 8 $ - $ - $ Ty p e Ju l y 1 4 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 5 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 7, 1 4 8 , 0 5 6 2 , 0 1 2 , 1 3 1 3 , 1 3 5 , 4 0 6 1 , 4 9 0 , 7 0 1 2 , 4 9 7 , 5 7 5 4 , 0 2 5 , 8 1 9 4 , 8 0 5 , 2 7 9 1 , 2 0 0 , 6 6 5 1 , 8 3 6 , 6 7 5 4 , 7 8 7 , 4 9 5 1 0 , 9 7 5 , 9 7 2 4 , 9 4 5 , 2 3 3 St a t e P o o l 49 , 0 4 0 , 9 8 5 3 5 , 5 4 0 , 9 8 5 3 2 , 5 4 0 , 9 8 4 2 9 , 5 6 7 , 2 9 3 2 7 , 3 6 7 , 2 9 3 2 7 , 3 6 7 , 2 9 3 3 5 , 8 8 5 , 9 4 8 2 9 , 8 8 5 , 9 4 8 2 8 , 8 8 5 , 9 4 8 2 8 , 9 0 5 , 5 3 1 4 8 , 9 0 5 , 5 3 1 4 8 , 9 2 3 , 9 1 9 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 0 0 0 0 0 0 0 0 0 0 0 0 U. S . T r e a s u r y B i l l s / N o t e s 0 0 0 0 0 0 0 0 0 0 0 4 , 8 9 0 , 6 5 0 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 3 7 , 9 5 9 , 0 4 6 3 7 , 9 6 0 , 3 7 2 3 7 , 9 6 1 , 6 5 6 3 7 , 9 6 2 , 9 8 3 3 7 , 9 6 4 , 2 6 7 3 7 , 9 6 5 , 5 9 3 3 7 , 9 6 6 , 9 2 0 3 7 , 9 6 8 , 1 1 8 3 7 , 9 6 9 , 4 4 5 3 7 , 9 7 0 , 7 2 9 1 7 , 9 7 2 , 0 5 5 2 8 , 0 2 2 , 9 2 0 Pr i m e C o m m e r c i a l P a p e r 0 0 0 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 6, 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 1 0 , 9 3 3 , 1 5 1 Mu t u a l F u n d s 31 , 3 0 2 , 0 6 6 4 2 , 9 1 1 , 6 5 7 3 1 , 8 7 9 , 6 1 8 3 1 , 2 7 3 , 4 6 9 3 1 , 2 7 3 , 6 2 9 3 1 , 2 7 3 , 7 8 4 3 1 , 2 7 3 , 9 4 4 3 7 , 2 9 8 , 6 3 3 3 1 , 3 4 0 , 8 3 8 3 1 , 2 7 4 , 2 6 0 3 1 , 2 7 4 , 4 1 5 3 1 , 2 7 4 , 5 7 4 To t a l 13 1 , 9 3 0 , 1 5 3 $ 12 4 , 9 0 5 , 1 4 5 $ 11 1 , 9 9 7 , 6 6 4 $ 10 6 , 7 7 4 , 4 4 6 $ 10 5 , 5 8 2 , 7 6 4 $ 10 7 , 1 1 2 , 4 8 9 $ 11 6 , 4 1 2 , 0 9 1 $ 11 2 , 8 3 3 , 3 6 4 $ 10 6 , 5 1 2 , 9 0 6 $ 10 9 , 4 1 8 , 0 1 5 $ 11 5 , 6 0 7 , 9 7 3 $ 12 8 , 9 9 0 , 4 4 7 $ Ty p e Ju l y 1 3 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 4 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 43 7 , 4 8 4 6 4 8 , 4 5 9 6 9 7 , 9 4 9 1 , 6 8 4 , 0 6 0 56 5 , 3 6 9 1 , 9 3 1 , 5 5 5 3 , 5 5 7 , 6 6 3 5 , 6 8 0 , 8 3 1 3 , 5 9 1 , 1 5 7 1 , 3 3 4 , 0 8 4 3 , 6 3 0 , 9 6 2 8 , 9 9 3 , 9 0 8 St a t e P o o l 34 , 4 2 4 , 5 3 7 1 8 , 8 2 4 , 5 3 7 1 7 , 6 2 4 , 5 3 7 1 5 , 9 9 3 , 0 7 5 1 7 , 9 9 3 , 0 7 5 1 8 , 7 9 3 , 0 7 5 2 5 , 4 2 1 , 3 6 8 3 1 , 8 0 4 , 3 3 7 3 1 , 8 0 4 , 3 3 7 3 1 , 8 2 0 , 9 3 2 3 3 , 0 2 0 , 9 3 2 4 9 , 0 2 0 , 9 3 2 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 39 , 9 6 2 , 5 6 4 3 9 , 9 6 4 , 5 0 4 3 9 , 9 6 6 , 8 4 4 0 0 0 0 0 0 0 0 0 U. S . T r e a s u r y B i l l s / N o t e s 40 , 1 9 4 , 2 7 1 4 0 , 1 9 6 , 7 5 0 4 0 , 1 9 9 , 1 5 2 4 0 , 2 0 0 , 5 1 6 4 0 , 1 9 9 , 4 8 1 3 0 , 2 0 0 , 8 0 5 1 5 , 2 0 1 , 8 4 1 1 1 , 9 9 9 , 4 6 4 1 9 , 9 1 6 , 1 5 0 0 0 0 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 4 2 , 9 4 3 , 4 2 6 4 2 , 9 4 4 , 7 5 2 4 2 , 9 4 6 , 0 3 6 4 2 , 9 4 7 , 3 6 3 3 9 , 9 4 8 , 6 4 7 3 9 , 9 4 9 , 9 7 3 3 9 , 9 5 1 , 3 0 0 3 9 , 9 5 2 , 4 9 8 3 9 , 9 5 3 , 8 2 5 3 9 , 9 5 5 , 1 0 9 3 9 , 9 5 6 , 4 3 5 3 7 , 9 5 7 , 7 1 9 Pr i m e C o m m e r c i a l P a p e r 0 0 0 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 1, 4 4 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 0 , 9 3 1 , 7 5 6 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 0 , 9 3 1 , 7 5 6 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 4 , 0 8 0 , 0 0 0 6 , 2 4 0 , 0 0 0 6 , 4 8 0 , 0 0 0 Mu t u a l F u n d s 3, 2 1 5 , 1 1 6 1 5 , 6 7 1 , 3 1 1 3 , 4 3 6 , 0 4 6 2 , 8 4 6 , 2 6 5 2 , 5 5 9 , 7 9 9 1 2 , 5 5 9 , 8 2 1 1 8 , 6 4 5 , 0 7 0 2 5 , 0 9 8 , 8 7 5 3 3 , 9 2 8 , 9 9 3 3 3 , 8 4 7 , 8 0 6 3 3 , 8 4 7 , 9 7 4 3 3 , 8 7 0 , 7 4 1 To t a l 16 2 , 6 1 7 , 3 9 8 $ 15 9 , 9 3 0 , 3 1 3 $ 14 6 , 5 5 0 , 5 6 4 $ 11 4 , 6 0 3 , 0 3 5 $ 10 2 , 9 4 6 , 3 7 1 $ 10 5 , 1 1 5 , 2 2 9 $ 11 3 , 7 0 8 , 9 9 8 $ 11 6 , 2 1 6 , 0 0 5 $ 13 0 , 8 7 4 , 4 6 2 $ 11 1 , 0 3 7 , 9 3 1 $ 11 6 , 6 9 6 , 3 0 3 $ 13 6 , 3 2 3 , 3 0 0 $ Ty p e Ju l y 1 2 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 3 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s (5 2 4 , 5 7 9 ) 7 8 7 , 3 0 0 3 4 7 , 5 2 9 ( 1 , 0 3 0 , 7 6 1 ) 1 0 , 9 8 8 , 8 5 4 ( 4 8 7 , 4 0 0 ) 1 , 7 0 6 , 6 9 9 5 5 5 , 8 5 9 2 1 4 , 5 2 1 4 2 , 1 1 6 7 0 6 , 2 3 8 72 , 7 7 6 St a t e P o o l 37 , 1 4 4 , 0 0 5 1 7 , 7 6 9 , 0 0 5 2 6 , 5 1 9 , 0 0 5 2 9 , 6 4 6 , 8 2 5 2 6 , 2 4 6 , 8 2 5 3 7 , 9 4 6 , 8 2 5 4 6 , 8 7 1 , 6 8 9 3 9 , 7 7 1 , 6 8 9 3 7 , 9 7 1 , 6 8 9 3 9 , 5 0 1 , 1 3 2 3 5 , 8 0 1 , 1 3 2 3 6 , 8 0 1 , 1 3 2 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 39 , 9 7 5 , 7 3 5 3 9 , 9 4 1 , 3 6 7 3 9 , 9 5 5 , 7 3 7 3 9 , 9 7 2 , 4 2 9 39 , 9 8 7 , 0 0 7 3 9 , 8 9 8 , 4 9 4 3 9 , 9 0 9 , 5 1 0 3 9 , 9 1 9 , 0 9 3 3 9 , 9 2 8 , 3 7 9 3 9 , 9 3 8 , 3 7 3 3 9 , 9 4 7 , 6 4 9 3 9 , 9 5 5 , 5 5 6 U. S . T r e a s u r y B i l l s / N o t e s 72 , 9 8 1 , 3 3 4 7 0 , 9 8 6 , 3 1 8 7 0 , 9 8 6 , 3 1 1 7 0 , 9 9 2 , 2 2 3 61 , 0 3 1 , 0 7 0 6 1 , 0 3 3 , 3 8 0 6 1 , 0 3 5 , 7 3 7 6 1 , 0 3 6 , 8 5 8 6 1 , 0 3 7 , 9 4 7 4 0 , 9 9 2 , 8 0 1 4 0 , 9 9 2 , 1 9 2 4 0 , 1 9 1 , 7 8 9 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 8 , 9 9 9 , 0 1 5 8 , 9 9 9 , 7 0 9 0 0 0 0 0 3 , 0 0 0 , 0 0 0 3 , 0 0 0 , 0 0 0 2 3 , 0 0 0 , 0 0 0 2 8 , 0 0 0 , 0 0 0 4 2 , 9 4 2 , 0 9 9 Pr i m e C o m m e r c i a l P a p e r 11 , 9 9 8 , 6 0 5 4 , 9 9 9 , 0 2 5 4 , 9 9 9 , 7 2 1 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 72 4 , 0 0 0 4 8 0 , 0 0 0 4 8 0 , 0 0 0 4 8 0 , 0 0 0 48 0 , 0 0 0 1 , 2 0 0 , 0 0 0 1 , 2 0 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 4 4 0 , 0 0 0 Mu t u a l F u n d s 16 , 0 2 5 , 0 8 6 1 5 , 4 6 4 , 8 3 7 2 , 5 4 0 , 2 6 6 2 , 4 9 7 , 1 8 7 2 , 5 0 3 , 9 0 3 2 , 4 6 2 , 1 7 5 2 , 4 6 2 , 2 0 8 9 , 0 2 9 , 3 1 9 2 , 4 9 0 , 2 5 9 2 , 4 0 9 , 3 2 0 2 , 4 1 2 , 2 6 9 3 , 2 1 5 , 0 8 1 To t a l 18 7 , 3 2 3 , 2 0 1 $ 15 9 , 4 2 7 , 5 6 1 $ 14 5 , 8 2 8 , 5 6 9 $ 14 2 , 5 5 7 , 9 0 3 $ 14 1 , 2 3 7 , 6 5 9 $ 14 2 , 0 5 3 , 4 7 4 $ 15 3 , 1 8 5 , 8 4 3 $ 15 4 , 9 9 2 , 8 1 8 $ 14 6 , 3 2 2 , 7 9 5 $ 14 7 , 5 6 3 , 7 4 2 $ 14 9 , 5 3 9 , 4 8 0 $ 16 4 , 6 1 8 , 4 3 3 $ Ty p e Ju l y 1 1 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 2 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 28 1 , 5 7 8 9 , 9 7 6 , 5 2 8 2 4 9 , 7 7 8 1 3 , 7 9 5 , 0 8 5 - 1 , 0 9 0 , 1 9 8 9 7 9 , 7 9 6 1 , 0 5 7 , 9 1 9 6 , 8 3 8 , 0 7 3 - 3 4 3 , 0 7 2 2 5 4 , 7 0 0 2 , 9 8 0 , 8 4 0 45 5 , 4 0 7 St a t e P o o l 21 , 3 7 8 , 7 4 5 1 7 , 9 7 8 , 7 4 5 1 7 , 2 7 8 , 7 4 5 1 5 , 2 0 0 , 9 8 4 2 6 , 6 5 0 , 9 8 4 3 9 , 1 5 0 , 9 8 5 3 9 , 9 7 5 , 6 5 3 3 1 , 9 7 5 , 6 5 3 3 6 , 6 7 5 , 6 5 3 3 5 , 5 1 0 , 8 6 2 3 9 , 9 1 0 , 8 6 2 3 8 , 0 1 0 , 8 6 2 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 10 , 0 0 1 , 0 5 1 1 5 , 0 0 7 , 1 1 4 3 9 , 5 1 4 , 6 1 5 3 9 , 5 2 7 , 8 2 0 3 9 , 5 4 6 , 8 2 4 3 9 , 5 6 3 , 9 5 0 3 9 , 5 8 1 , 0 1 9 3 9 , 8 9 6 , 3 1 3 3 9 , 9 1 2 , 2 8 7 3 9 , 9 2 8 , 7 6 5 3 9 , 9 4 4 , 8 4 7 3 9 , 9 5 9 , 6 0 2 U. S . T r e a s u r y B i l l s / N o t e s 58 , 9 4 2 , 1 5 9 5 8 , 9 4 7 , 7 2 2 7 2 , 9 4 9 , 1 9 5 6 0 , 9 5 5 , 2 3 5 6 0 , 9 6 2 , 4 3 0 4 3 , 9 6 7 , 6 9 6 4 3 , 9 7 0 , 9 3 3 5 8 , 3 7 1 , 9 6 8 5 8 , 3 6 9 , 8 1 0 7 3 , 3 6 8 , 1 9 5 7 2 , 9 6 8 , 6 9 8 7 2 , 9 7 4 , 9 1 3 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 1 9 , 9 9 4 , 4 5 9 1 9 , 9 9 7 , 3 7 1 1 4 , 9 9 5 , 3 2 5 1 4 , 9 9 6 , 0 9 6 1 4 , 9 9 6 , 8 4 2 1 4 , 9 9 7 , 6 1 3 2 3 , 9 9 7 , 9 2 0 2 3 , 9 9 8 , 9 9 6 2 3 , 9 9 6 , 1 6 1 8 , 9 9 6 , 9 5 6 8 , 9 9 7 , 6 5 0 8 , 9 9 8 , 3 2 1 Pr i m e C o m m e r c i a l P a p e r 19 , 9 9 2 , 8 8 8 4 , 9 9 7 , 4 3 3 0 0 0 6 , 9 9 9 , 4 2 7 1 4 , 9 9 6 , 5 3 7 1 4 , 9 9 8 , 7 1 7 9 , 9 9 6 , 8 2 8 9 , 9 9 8 , 3 8 8 9 , 9 9 6 , 3 4 2 1 1 , 9 9 7 , 2 0 2 Co r p o r a t e N o t e s 10 , 0 3 4 , 3 7 3 1 0 , 0 2 4 , 5 3 4 5 , 0 1 5 , 7 5 2 5 , 0 0 8 , 7 7 6 5 , 0 0 2 , 0 2 5 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 72 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 72 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 72 4 , 0 0 0 Mu t u a l F u n d s 45 , 2 8 7 , 1 7 5 4 5 , 2 5 8 , 8 3 2 1 6 , 7 6 7 , 6 0 8 1 6 , 1 3 0 , 2 4 7 1 6 , 1 3 0 , 2 4 7 1 6 , 1 3 2 , 5 6 9 1 5 , 9 8 3 , 9 9 4 3 , 5 8 5 , 1 8 9 3 , 6 1 2 , 3 8 3 3 , 3 9 7 , 9 8 5 3 , 7 6 3 , 6 2 3 1 6 , 0 8 8 , 4 1 0 To t a l 18 6 , 6 3 6 , 4 2 8 $ 18 2 , 9 1 2 , 2 7 9 $ 16 7 , 4 9 5 , 0 1 8 $ 16 6 , 3 3 8 , 2 4 3 $ 16 2 , 9 2 3 , 1 5 4 $ 16 2 , 5 1 6 , 0 3 6 $ 18 0 , 2 8 7 , 9 7 5 $ 18 0 , 3 8 8 , 9 0 9 $ 17 2 , 9 4 4 , 0 5 0 $ 17 2 , 1 7 9 , 8 5 1 $ 17 9 , 2 8 6 , 8 6 2 $ 18 9 , 2 0 8 , 7 1 7 $ 106 City of La Quinta Comparative Rates of Interest April 30, 2016 Commercial Paper Average Three Month Year Month Pooled Cash Fiscal Agent Overall Maturity (days) Three Month Six Month One Year Two Year Non-Financial LAIF Rate FY 10/11 July 2010 0.50% 0.15% 0.47% 119 0.16% 0.20% 0.30% 0.63%0.28%0.53% Aug 2010 0.49% 0.15% 0.46% 108 0.15% 0.19% 0.26% 0.38%0.25%0.51% Sept 2010 0.55% 0.15% 0.51% 107 0.16% 0.19% 0.27% 0.38%0.24%0.50% Oct 2010 0.55% 0.15% 0.51%88 0.13% 0.17% 0.23% 0.38%0.23%0.48% Nov 2010 0.53% 0.15% 0.49%84 0.18% 0.21% 0.28% 0.50%0.23%0.45% Dec 2010 0.57% 0.14% 0.52% 265 0.15% 0.19% 0.30% 0.63%0.23%0.46% Jan 2011 0.51% 0.14% 0.43% 206 0.16% 0.18% 0.28% 0.63%0.24%0.54% Feb 2011 0.55% 0.17% 0.46% 210 0.15% 0.17% 0.31% 0.63%0.23%0.51% Mar 2011 0.54% 0.17% 0.45% 218 0.05% 0.13% 0.26% 0.75%0.23%0.50% Apr 2011 0.59% 0.17% 0.48% 192 0.05% 0.10% 0.28% 0.63%0.20%0.59% May 2011 0.48% 0.17% 0.41% 156 0.06% 0.12% 0.20% 0.50%0.16%0.41% June 2011 0.53% 0.00% 0.35% 126 0.03% 0.10% 0.20% 0.38%0.15%0.45% FY 11/12 July 2011 0.53% 0.00% 0.35% 112 0.07% 0.12% 0.15% 0.20%0.14%0.38% Aug 2011 0.60% 0.00% 0.38% 102 0.02% 0.05% 0.10% 0.13%0.16%0.41% Sept 2011 0.58% 0.03% 0.39% 124 0.02% 0.06% 0.09% 0.13%0.14%0.38% Oct 2011 0.53% 0.03% 0.35% 117 0.01% 0.06% 0.12% 0.25%0.15%0.39% Nov 2011 0.52% 0.03% 0.37%94 0.03% 0.07% 0.10% 0.25%0.14%0.40% Dec 2011 0.48% 0.03% 0.35%86 0.02% 0.06% 0.11% 0.13%0.14%0.39% Jan 2012 0.45% 0.03% 0.34%74 0.05% 0.08% 0.11% 0.25%0.14%0.39% Feb 2012 0.49% 0.05% 0.36%72 0.12% 0.15% 0.17% 0.25%0.17%0.39% Mar 2012 0.44% 0.05% 0.34%74 0.08% 0.14% 0.19% 0.25%0.18%0.38% Apr 2012 0.44% 0.09% 0.35%61 0.10% 0.15% 0.19% 0.25%0.20%0.37% May 2012 0.43% 0.09% 0.34%62 0.09% 0.14% 0.19% 0.25%0.19%0.36% June 2012 0.38% 0.08% 0.29%47 0.10% 0.15% 0.21% 0.25%0.21%0.36% FY 12/13 July 2012 0.41% 0.08% 0.31% 112 0.11% 0.15% 0.18% 0.22%0.22%0.36% Aug 2012 0.41% 0.08% 0.29%31 0.11% 0.14% 0.20% 0.25%0.20%0.38% Sept 2012 0.43% 0.09% 0.33%34 0.11% 0.14% 0.18% 0.25%0.20%0.35% Oct 2012 0.47% 0.10% 0.36%22 0.13% 0.16% 0.18% 0.25%0.19%0.34% Nov 2012 0.48% 0.10% 0.36% 161 0.10% 0.15% 0.18% 0.25%0.20%0.32% Dec 2012 0.47% 0.10% 0.36% 137 0.08% 0.12% 0.16% 0.13%0.20%0.33% Jan 2013 0.44% 0.10% 0.34% 111 0.08% 0.11% 0.14% 0.25%0.16%0.30% Feb 2013 0.37% 0.10% 0.29% 105 0.13% 0.14% 0.15% 0.25%0.17%0.29% Mar 2013 0.39% 0.09% 0.30% 123 0.08% 0.11% 0.15% 0.25%0.15%0.29% Apr 2013 0.31% 0.08% 0.25% 186 0.05% 0.08% 0.14% 0.13%0.12%0.26% May 2013 0.30% 0.06% 0.23% 175 0.05% 0.08% 0.14% 0.25%0.10%0.25% June 2013 0.30% 0.07% 0.23% 212 0.05% 0.09% 0.16% 0.38%0.10%0.24% FY 13/14 July 2013 0.28% 0.07% 0.21% 336 0.03% 0.07% 0.12% 0.25%0.11%0.27% Aug 2013 0.28% 0.06% 0.21% 303 0.03% 0.06% 0.07% 0.14%0.09%0.27% Sept 2013 0.30% 0.07% 0.23% 321 0.01% 0.04% 0.01% 0.25%0.08%0.26% Oct 2013 0.48% 0.06% 0.31% 427 0.05% 0.08% 0.16% 0.25%0.11%0.27% Nov 2013 0.49% 0.06% 0.31% 444 0.05% 0.08% 0.16% 0.25%0.09%0.26% Dec 2013 0.49% 0.05% 0.31% 396 0.07% 0.09% 0.14% 0.25%0.09%0.26% Jan 2014 0.44% 0.05% 0.32% 381 0.04% 0.06% 0.13% 0.38%0.09%0.24% Feb 2014 0.44% 0.03% 0.30% 357 0.05% 0.08% 0.12% 0.25%0.10%0.24% Mar 2014 0.44% 0.02% 0.30% 352 0.05% 0.07% 0.12% 0.38%0.10%0.24% Apr 2014 0.47% 0.02% 0.33% 368 0.02% 0.05% 0.11% 0.45%0.10%0.23% May 2014 0.49% 0.02% 0.35% 373 0.04% 0.06% 0.10% 0.39%0.10%0.23% June 2014 0.44% 0.02% 0.33% 310 0.04% 0.07% 0.11% 0.50%0.10%0.23% FY 14/15 July 2014 0.45% 0.02% 0.34% 305 0.03% 0.06% 0.11% 0.50%0.10%0.24% Aug 2014 0.49% 0.02% 0.36% 313 0.03% 0.05% 0.11% 0.50%0.11%0.26% Sept 2014 0.51% 0.02% 0.36% 325 0.02% 0.04% 0.12% 0.50%0.10%0.25% Oct 2014 0.50% 0.02% 0.36% 323 0.02% 0.06% 0.10% 0.38%0.10%0.26% Nov 2014 0.52% 0.02% 0.37% 317 0.03% 0.08% 0.14% 0.50%0.10%0.26% Dec 2014 0.52% 0.02% 0.37% 304 0.02% 0.07% 0.18% 0.50%0.13%0.27% Jan 2015 0.49% 0.02% 0.36% 268 0.02% 0.07% 0.21% 0.50%0.12%0.26% Feb 2015 0.51% 0.02% 0.36% 269 0.02% 0.08% 0.21% 0.50%0.12%0.27% Mar 2015 0.52% 0.02% 0.37% 261 0.04% 0.14% 0.27% 0.50%0.11%0.28% Apr 2015 0.52% 0.02% 0.37% 248 0.02% 0.07% 0.25% 0.50%0.10%0.28% May 2015 0.50% 0.02% 0.35% 388 0.01% 0.07% 0.26% 0.63%0.12%0.29% June 2015 0.70% 0.02% 0.53% 378 0.02% 0.09% 0.30% 0.63%0.14%0.30% FY 15/16 July 2015 0.79% 0.02% 0.57% 417 0.08% 0.17% 0.34% 0.63%0.13%0.32% Aug 2015 0.91% 0.02% 0.60% 467 0.10% 0.28% 0.42% 0.63%0.18%0.33% Sept 2015 0.94% 0.02% 0.62% 470 0.02% 0.11% 0.45% 0.63%0.22%0.34% Oct 2015 0.94% 0.02% 0.62% 458 0.11% 0.29% 0.21% 0.63%0.18%0.36% Nov 2015 0.95% 0.02% 0.62% 448 0.22% 0.42% 0.51% 0.88%0.20%0.37% Dec 2015 0.92% 0.02% 0.61% 419 0.22% 0.51% 0.69% 0.88%0.36%0.40% Jan 2016 0.81% 0.02% 0.57% 351 0.36% 0.47% 0.69% 0.75%0.47%0.45% Feb 2016 0.90% 0.02% 0.62% 358 0.33% 0.49% 0.67% 0.75%0.47%0.47% Mar 2016 0.88% 0.02% 0.60% 314 0.24% 0.39% 0.67% 0.88%0.47%0.51% Apr 2016 0.82% 0.02% 0.61% 353 0.22% 0.40% 0.62% 0.75%0.48%0.53% City of La Quinta Annualized Earnings Treasury Bills/Note 107 0. 0 0 % 0. 1 0 % 0. 2 0 % 0. 3 0 % 0. 4 0 % 0. 5 0 % 0. 6 0 % 0. 7 0 % 0. 8 0 % 0. 9 0 % 1. 0 0 % No v ' 1 5 D e c ' 1 5 J a n ' 1 6 F e b ' 1 6 M a r ' 1 6 A p r ' 1 6 Mo n t h s Ci t y o f L a Q u i n t a Ch a r t o f I n t e r e s t R a t e s No v e m b e r 2 0 1 5 t h r o u g h A p r i l 2 0 1 6 An n u a l i z e d E a r n i n g s o f P o o l e d C a s h I n v e s t m e n t s An n u a l i z e d E a r n i n g s o f F i s c a l A g e n t I n v e s t m e n t s An n u a l i z e d E a r n i n g s o f A l l I n v e s t m e n t s Si x M o n t h T r e a s u r y B i l l R a t e Tw o Y e a r T r e a s u r y N o t e R a t e 108 109 C I T Y O F L A Q U I N T A PE R M I S S I B L E D E P O S I T S A N D I N V E S T M E N T S Ma y 3 1 , 2 0 1 6 Th e C i t y T r e a s u r e r w i l l b e p e r m i t t e d t o i n v e s t i n t h e f o l l o w i n g t y p e s o f i n v e s t m e n t s s u b j e c t t o t h e m a x i m u m p e r c e n t a g e c o m p l i a n c e l i m i t s a n d b i d p r o c e s s r e q u i r e m e n t s : Al l m a t u r i t i e s m u s t b e l e s s t h a n t h e m a x i m u m a l l o w e d . Al l F u n d s A l l F u n d s A l l F u n d s S u r p l u s S u r p l u s S u r p l u s M a x i m u m Ty p e o f I n v e s t m e n t s Ma x i m u m A ct u a l % O v e r ( U n d e r ) Ma x i m u m % O v e r ( U n d e r ) Re s t r i c t i o n s M a t u r i t y Credit Qualit y Exception s Ch e c k i n g / S a v i n g s a n d o t h e r t i m e a c c o u n t s 85 . 0 0 % 3 . 2 0 % -8 1 . 8 0 % 85 . 0 0 % 0 . 9 6 % - 8 4 . 0 4 % < = $ 2 5 0 , 0 0 0 p e r i n s t i t u t i o n 3 y e a r s FDIC Insured None C e r t i f i c a t e o f D e p o s i t s 60 . 0 0 % 8 . 5 6 % -5 1 . 4 4 % 60 . 0 0 % 8 . 7 8 % - 5 1 . 2 2 % < = $ 2 5 0 , 0 0 0 p e r i n s t i t u t i o n 5 y e a r s FDIC Insured None U. S . T r e a s u r y B i l l s , S t r i p s , N o t e s a n d B o n d s . 10 0 . 0 0 % 1 5 . 6 0 % -8 4 . 4 0 % 10 0 . 0 0 % 1 5 . 9 6 % - 8 4 . 0 4 % Ex c e p t n o m o r e t h a n $ 8 mi l l i o n m a y b e i n v e s t e d ov e r 2 y e a r s 10 y e a r s None U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s a n d F e d e r a l Go v e r n m e n t S e c u r i t i e s ( e x c e p t a n y c o l l a t e r a l i z e d m o r t g a g e ob l i g a t i o n ( C M O ) o r s t r u c t u r e d n o t e w h i c h c o n t a i n s e m b e d d e d 30 . 0 0 % 2 1 . 9 5 % -8 . 0 5 % 30 . 0 0 % 2 2 . 4 6 % - 7 . 5 4 % Re s t r i c t e d t o p e r - i s s u e r li m i t s b e l o w : 3 y e a r s None - G o v e r n m e n t N a t i o n a l M o r t g a g e A s s o c i a t i o n ( G N M A ) - $ - $ - F e d e r a l F a r m C r e d i t ( F F C B ) 30 , 0 0 0 , 0 0 0 - ( 3 0 , 0 0 0 , 0 0 0 ) 30 , 0 0 0 , 0 0 0 - ( 3 0 , 0 0 0 , 0 0 0 ) $3 0 . 0 m i l l i o n - F e d e r a l H o m e L o a n B a n k N o t e s & B o n d s ( F H L B ) 25 , 0 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 (2 2 , 5 0 0 , 0 0 0 ) 25 , 0 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 (2 2 , 5 0 0 , 0 0 0 ) $2 5 . 0 m i l l i o n - F e d e r a l N a t i o n a l M o r t g a g e A s s o c i a t i o n ( F N M A ) 20 , 0 0 0 , 0 0 0 18 , 0 0 0 , 0 0 0 (2 , 0 0 0 , 0 0 0 ) 20 , 0 0 0 , 0 0 0 18 , 0 0 0 , 0 0 0 (2 , 0 0 0 , 0 0 0 ) $2 0 . 0 m i l l i o n - F e d e r a l H o m e L o a n M o r t g a g e C o r p o r a t i o n ( F H L M C ) 20 , 0 0 0 , 0 0 0 7, 5 0 0 , 0 0 0 (1 2 , 5 0 0 , 0 0 0 ) 20 , 0 0 0 , 0 0 0 7, 5 0 0 , 0 0 0 (1 2 , 5 0 0 , 0 0 0 ) $2 0 . 0 m i l l i o n 95 , 0 0 0 , 0 0 0 2 8 , 0 0 0 , 0 0 0 $ (6 7 , 0 0 0 , 0 0 0 ) 9 5 , 0 0 0 , 0 0 0 2 8 , 0 0 0 , 0 0 0 $ ( 6 7 , 0 0 0 , 0 0 0 ) $ $9 5 . 0 m i l l i o n Pr i m e C o m m e r c i a l P a p e r 15 . 0 0 % 0 . 0 0 % -1 5 . 0 0 % 15 . 0 0 % 0 . 0 0 % - 1 5 . 0 0 % 15 % 9 0 d a y s S t a n d a r d & P o o r s / M o o d y ' s N o n e 5, 0 0 0 , 0 0 0 (5 , 0 0 0 , 0 0 0 ) 5, 0 0 0 , 0 0 0 - (5 , 0 0 0 , 0 0 0 ) A-1, P-1 Me d i u m T e r m C o r p o r a t e N o t e s - T L G P 20 . 0 0 % - - 2 0 . 0 0 % 10 . 0 0 % 0 . 0 0 % - 1 0 . 0 0 % $ 1 0 , 0 0 0 , 0 0 0 p e r I s s u e r 3 y e a r s a t l e a s t S t a n d a r d & P o o r s " A A " N o n e 10 , 0 0 0 , 0 0 0 - (1 0 , 0 0 0 , 0 0 0 ) 10 , 0 0 0 , 0 0 0 - (1 0 , 0 0 0 , 0 0 0 ) Lo c a l A g e n c y I n v e s t m e n t F u n d ( L A I F ) 30 . 0 0 % 2 6 . 1 8 % -3 . 8 2 % 30 . 0 0 % 2 6 . 7 8 % - 3 . 2 2 % $ 5 0 , 0 0 0 , 0 0 0 p e r a c c o u n t 3 y e a r s Unrated None Ut i l i z e D V P Lo c a l A g e n c y B o n d s / C A L o c a l A g e n c y B o n d O b l i g a t i o n s 10 . 0 0 % 0 . 0 0 % -1 0 . 0 0 % 10 . 0 0 % 0 . 0 0 % - 1 0 . 0 0 % $ 3 0 , 0 0 0 , 0 0 0 p e r a c c o u n t 1 0 y e a r s Pr o f e s s i o n a l l y M a n a g e d A c c o u n t 10 . 0 0 % 0 . 0 0 % -1 0 . 0 0 % 10 . 0 0 % 0 . 0 0 % - 1 0 . 0 0 % 3 y e a r s Mo n e y m a r k e t m u t u a l f u n d s r e g u l a t e d b y t h e S e c u r i t i e s a n d Ex c h a n g e C o m m i s s i o n a n d w h o s e p o r t f o l i o c o n s i s t s o n l y o f U S Ag e n c y S e c u r i t i e s m a i n t a i n i n g a p a r v a l u e p e r s h a r e o f $ 1 . 20 . 0 0 % 2 4 . 5 0 % 4. 5 0 % 20 % 2 5 . 0 7 % 5 . 0 7 % Ma i n t a i n $ 1 p e r s h a r e 6 0 d a y s A A A b y t w o o f t h r e e r a t i n g N o n e pa r v a l u e . agencies or assets of $500 million Ut i l i z e D V P and investor SEC licensed > 5 yr s In v e s t m e n t A g r e e m e n t s f o r b o n d p r o c e e d s a n d / o r r e s e r v e f u n d s . N / A 0. 0 0 % N/ A N/ A 0 . 0 0 % N / A None To t a l 10 0 . 0 0 % 10 0 . 0 0 % An n u a l i z e d E a r n i n g s o f P o o l e d C a s h I n v e s t m e n t s 0. 7 9 8 % An n u a l i z e d E a r n i n g s o f F i s c a l A g e n t I n v e s t m e n t s 0. 0 2 0 % An n u a l i z e d E a r n i n g s o f A l l I n v e s t m e n t s 0. 6 0 1 % 110 Ci t y o f L a Q u i n t a Su m m a r y o f H o l d i n g s Ci t y , R e d e v e l o p m e n t A g e n c y a n d F i n a n c i n g A u t h o r i t y Ma y 3 1 , 2 0 1 6 Ci t y C a s h & I n v e s t m e n t s Ba n k A c c o u n t s I n t e r e s t B o o k U n r e a l i z e d F a i r Na m e - A v a i l a b i l i t y S u r p l u s T y p e R a t e V a l u e G a i n ( L o s s ) V a l u e B a n k We l l s F a r g o - D e m a n d Y e s C h e c k i n g 0 . 0 0 % 2 , 8 2 7 , 8 6 1 $ N / A 2 , 8 2 7 , 8 6 1 $ 3 , 1 0 1 , 5 4 5 $ Pe t t y C a s h - D e m a n d N o N / A N / A 1 , 7 0 0 N / A 1 , 7 0 0 1 , 7 0 0 Fi r s t E m p i r e S e c u r i t i e s Y e s S a v i n g s A c c t C D I n t e r e s t E a r n i n g s N / A 5 5 , 5 1 1 N / A 5 5 , 5 1 1 5 5 , 5 1 1 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s O p e r a t i n g N / A 1 5 4 , 9 5 3 N / A 1 5 4 , 9 5 3 1 5 6 , 7 7 2 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s T a x e s & I n s u r a n c e A c c t 0 . 0 0 % 1 7 , 2 7 1 N / A 1 7 , 2 7 1 1 7 , 2 7 1 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s S e c u r i t y D e p o s i t 0 . 0 5 % 2 7 , 5 7 6 N / A 2 7 , 5 7 6 2 7 , 5 7 6 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s S a v i n g s 0 . 0 5 % 2 6 2 , 3 0 4 N / A 2 6 2 , 3 0 4 2 6 2 , 3 0 4 Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s M o n e y M a r k e t 0 . 0 0 % - N / A - - Wa s h i n g t o n S t . A p t s . - D e m a n d Y e s R e p l a c e m e n t R e s e r v e C D 0 . 3 5 % 6 0 0 , 0 0 0 N / A 6 0 0 , 0 0 0 6 0 0 , 0 0 0 Wa s h i n g t o n S t . A p t s . P e t t y C a s h - D e m a n d Y e s N / A 0 . 0 0 % 2 0 0 N / A 2 0 0 2 0 0 We l l s F a r g o / H o u s i n g - D e m a n d Y e s C h e c k i n g 0 . 0 0 % 1 3 3 , 0 3 0 N / A 1 3 3 , 0 3 0 1 3 6 , 2 5 0 To t a l - B a n k A c c o u n t s 4, 0 8 0 , 4 0 6 $ 4 , 0 8 0 , 4 0 6 $ 4 , 3 5 9 , 1 2 9 $ U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s Di s c o u n t / Fa i r V a l u e a t 0 6 / 3 0 / 1 5 Un r e a l i z e d Fa i r Ac c r u e d D a y s Or i g i n a l Settlement First Call Date Maturity Original Days Yield to Market Value Cu s t o d i a n - A v a i l a b i l i t y Su r p l u s T y p e / M o o d y ' s R a t i n g Ra t e or c u r r e n t y e a r a d d i t i o n Ga i n ( L o s s ) Va l u e In t e r e s t t o M a t u r i t y P u r c h a s e P r i c e Date Date to Maturity Maturity Source Ba n k o f N e w Y o r k - D e m a n d Ye s F N M A A A A 0. 7 5 0 % 13 , 1 6 5 , 4 9 2 $ (2 3 , 3 9 0 ) $ 13 , 1 4 2 , 1 0 2 $ 21 , 0 7 9 2 8 7 13 , 0 0 0 , 0 0 0 $ 06/17/13 03/14/14 03/14/17 1366 0.750% Bank of New York Ba n k o f N e w Y o r k - D e m a n d Ye s F N M A A A A 0. 7 5 0 % 4, 8 6 9 , 4 2 8 (8 , 6 5 0 ) 4, 8 6 0 , 7 7 8 7, 7 9 6 2 8 7 5,000,000 05/30/13 03/14/14 03/14/17 1384 0.750% Bank of New York Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s F H L M C A A A 1. 7 5 0 % 4, 9 9 0 , 0 0 0 48 , 1 0 0 5, 0 3 8 , 1 0 0 36 , 9 4 4 1 , 4 9 0 5,000,000 06/29/15 06/29/17 06/29/20 1827 1.750% First Empire Securites Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s F H L M C A A A 1. 2 5 0 % 2, 5 0 0 , 0 0 0 (8 , 7 2 5 ) 2, 4 9 1 , 2 7 5 2, 8 6 5 1 , 7 9 3 2,500,000 04/28/16 10/28/16 04/28/21 1826 1.250% First Empire Securites Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s F H L B A A A 1. 4 2 3 % 2, 4 9 1 , 2 5 0 (1 0 , 8 2 5 ) 2, 4 8 0 , 4 2 5 3, 0 9 4 1 , 7 9 3 2,500,000 04/28/16 10/28/16 04/28/21 1826 1.423% First Empire Securites To t a l - U . S . G o v e r n m e n t S e c u r i t i e s 28 , 0 1 6 , 1 7 0 $ (3 , 4 9 0 ) $ 28 , 0 1 2 , 6 8 0 $ 71 , 7 7 8 $ 28 , 0 0 0 , 0 0 0 $ U. S . T r e a s u r y N o t e s Di s c o u n t / Fa i r V a l u e a t 0 6 / 3 0 / 1 5 Un r e a l i z e d Fa i r Ac c r u e d D a y s Or i g i n a l Settlement First Call Date Maturity Original Days Yield to Market Value Cu s t o d i a n - A v a i l a b i l i t y Su r p l u s Is s u e r / T y p e Ra t e or c u r r e n t y e a r a d d i t i o n Ga i n ( L o s s ) Va l u e In t e r e s t t o M a t u r i t y P u r c h a s e P r i c e Date Date to Maturity Maturity Source Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 1. 4 3 1 % 4, 8 9 0 , 6 5 0 $ 87 , 5 0 0 $ 4, 9 7 8 , 1 5 0 $ - $ 1 , 2 7 8 5,000,000 $ 06/03/15 N/A 11/30/19 1641 1.431% First Empire Securities Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 0. 3 6 2 % 5, 0 0 8 , 0 0 0 (7 , 3 5 0 ) 5, 0 0 0 , 6 5 0 4, 1 6 7 12 2 5,000,000 07/31/15 N/A 09/30/16 427 0.362% First Empire Securities Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 0. 4 8 7 % 5, 0 0 1 , 0 0 0 (5 , 1 5 0 ) 4, 9 9 5 , 8 5 0 8, 3 1 0 24 5 5,000,000 07/31/15 N/A 01/31/17 550 0.487% First Empire Securities Fi r s t E m p i r e S e c u r i t i e s - D e m a n d Y e s T - N o t e 0. 2 7 9 % 5, 0 1 6 , 5 0 0 (1 4 , 2 5 0 ) 5, 0 0 2 , 2 5 0 11 , 7 6 2 45 5,000,000 07/31/15 N/A 07/15/16 350 0.279% First Empire Securities To t a l - U . S . T r e a s u r y 19 , 9 1 6 , 1 5 0 $ 60 , 7 5 0 $ 19 , 9 7 6 , 9 0 0 $ 24 , 2 3 9 $ 20 , 0 0 0 , 0 0 0 $ Ce r t i c a t e s o f D e p o s i t Yi e l d Fa i r V a l u e a t 0 6 / 3 0 / 1 5 Un r e a l i z e d Fa i r Ac c r u e d D a y s Or i g i n a l Settlement First Call Date Maturity Original Days Yield to Market Value Cu s t o d i a n - A v a i l a b i l i t y Su r p l u s Is s u e r / T y p e Pr i c e or c u r r e n t y e a r a d d i t i o n Ga i n ( L o s s ) Va l u e In t e r e s t t o M a t u r i t y P u r c h a s e P r i c e Date Date to Maturity Maturity Source G. E . C a p B a n k C T F D e p P r g r m Ye s G . E . C a p i t a l B a n k C D 1. 1 0 0 % 23 8 , 9 9 2 1, 6 9 4 24 0 , 6 8 6 1, 2 2 2 56 2 240,000 $ 12/14/12 N/A 12/14/17 1826 1.100% G.E. Capital Bank Go l d m a n S a c h s Ye s G o l d m a n S a c h s C D 1. 5 0 0 % 23 9 , 2 3 0 1, 6 2 9 24 0 , 8 5 9 1, 2 4 0 56 7 240,000 12/14/12 N/A 12/19/17 1831 1.150%Goldman Sachs Am e x C e n t u r i o n Ye s A m e x C e n t u r i o n B a n k C D 1. 0 0 0 % 24 2 , 7 9 4 1, 6 1 2 24 4 , 4 0 6 1, 3 8 7 79 9 240,000 08/08/13 N/A 08/08/18 1826 1.900% Amex Centurion Bank Ci t i B a n k Ye s C i t i b a n k C D 1. 0 0 0 % 24 2 , 8 3 2 1, 6 4 6 24 4 , 4 7 8 1, 3 3 7 80 5 240,000 08/14/13 N/A 08/14/18 1826 1.900%CitiBank CD We b s t e r B a n k Ye s W e b s t e r B a n k C D 1. 8 0 0 % 24 1 , 4 4 5 4, 0 5 6 24 5 , 5 0 1 45 0 1 , 0 5 7 240,000 04/23/14 N/A 04/23/19 1826 1.800%Webster Bank BM W B a n k Ye s B M W B a n k C D 1. 9 0 0 % 24 1 , 4 2 6 4, 0 7 0 24 5 , 4 9 6 45 0 1 , 0 5 9 240,000 04/25/14 N/A 04/25/19 1826 1.900%BMW Bank Me d a l l i o n B a n k Ye s M e d a l l i o n B a n k C D 1. 3 5 0 % 24 0 , 7 3 9 74 7 24 1 , 4 8 6 53 6 9 4 240,000 04/25/14 N/A 04/25/18 1461 1.350%Medallion Bank Ba r c l a y s B a n k Ye s B a r c l a y s B a n k C D 1. 9 0 0 % 24 1 , 3 9 0 4, 1 1 5 24 5 , 5 0 5 40 0 1 , 0 6 3 240,000 04/29/14 N/A 04/29/19 1826 1.900%Barclays Bank Th i r d S a v i n g s B a n k & L o a n Ye s T h i r d S a v i n g s B a n k & L o a n C D 1 . 2 5 0 % 24 0 , 5 8 3 60 0 24 1 , 1 8 3 26 3 6 9 7 240,000 04/29/14 N/A 04/28/18 1460 1.250% Third Savings Bank & Loan Be r k s h i r e B a n k Ye s B e r k s h i r e B a n k C D 1. 3 5 0 % 24 0 , 6 4 1 1, 6 5 6 24 2 , 2 9 7 9 6 9 9 240,000 04/30/14 N/A 04/30/18 1461 1.350%Berkshire Bank Cr e s c e n t B a n k Ye s C r e s c e n t B a n k C D 1. 3 0 0 % 24 0 , 7 7 3 47 7 24 1 , 2 5 0 9 6 9 9 240,000 04/30/14 N/A 04/30/18 1461 1.300%Crescent Bank Co r n e r s t o n e C o m m e r c i a l B a n k Ye s C o r n e r s t o n e C o m m e r c i a l B a n k C D 1 . 3 5 0 % 24 0 , 6 4 1 83 5 24 1 , 4 7 6 9 6 9 9 240,000 04/30/14 N/A 04/30/18 1461 1.350% Cornerstone Commercial Bank Fi r s t M e r c h a n t s B a n k Ye s F i r s t M e r c h a n t s B a n k C D 1. 5 0 0 % 24 1 , 2 8 9 2, 6 6 4 24 3 , 9 5 3 30 6 6 9 9 240,000 04/30/14 N/A 04/30/18 1461 1.500% First Merchants Bank Ep h r a t a B a n k Ye s E p h r a t a B a n k C D 1. 6 5 0 % 24 1 , 4 7 8 4, 1 2 1 24 5 , 5 9 9 33 6 6 9 9 240,000 04/30/14 N/A 04/30/18 1461 1.650%Ephrata Bank Cu s t o m e r s B a n k Ye s C u s t o m e r s B a n k C D 1. 0 0 0 % 24 0 , 7 3 2 15 1 24 0 , 8 8 3 20 3 6 4 240,000 05/28/14 N/A 05/30/17 1098 1.000% Customers Bank Tr a v e r s e C i t y Ye s T r a v e r s e C i t y C D 1. 1 0 0 % 24 0 , 5 5 7 1, 0 4 4 24 1 , 6 0 1 - 5 4 8 240,000 05/30/14 N/A 11/30/17 1280 1.100%Traverse City Me r r i c k B a n k Ye s M e r r i c k B a n k C D 1. 3 5 0 % 24 0 , 6 4 8 1, 6 9 2 24 2 , 3 4 0 19 5 7 0 8 240,000 05/09/14 N/A 05/09/18 1461 1.350%Merrick Bank Re g a l B a n k Ye s R e g a l B a n k C D 1. 4 0 0 % 24 0 , 7 9 9 2, 0 3 5 24 2 , 8 3 4 13 8 7 7 6 240,000 05/16/14 N/A 07/16/18 1522 1.400%Regal Bank Sy n c h r o n y G . E . C a p R e t a i l B a n k C D ( D r a p e r ) Y e s S y n c h r o n y G . E . C a p i t a l R e t a i l B a n k 2 . 0 0 0 % 24 1 , 2 7 4 4, 1 6 2 24 5 , 4 3 6 36 8 1 , 0 6 6 240,000 05/02/14 N/A 05/02/19 1826 2.000% Synchrony G.E. Cap (Draper) Fi r s t B u s i n e s s B a n k Ye s F i r s t B u s i n e s s B a n k C D 1. 7 5 0 % 24 1 , 2 1 0 4, 3 5 8 24 5 , 5 6 8 12 7 1 , 0 8 4 240,000 05/20/14 N/A 05/20/19 1826 1.750% First Business Bank Gu l f C o a s t B a n k Ye s G u l f C o a s t B a n k C D 1. 7 5 0 % 24 1 , 3 0 5 2, 5 7 1 24 3 , 8 7 6 13 8 1 , 0 8 4 240,000 05/19/14 N/A 05/20/19 1827 1.750% Gulf Coast Bank Pe a p a c k - G o l d s t o n e B a n k Ye s P e a p a c k - G o l d s t o n e B a n k C D 1. 8 0 0 % 24 1 , 2 3 1 4, 4 2 6 24 5 , 6 5 7 35 1 , 0 9 2 240,000 05/28/14 N/A 05/28/19 1826 1.800% Peapack-Goldstone Bank Wa s h i n g t o n T r u s t Ye s W a s h i n g t o n T r u s t C D 0. 6 5 0 % 24 0 , 6 6 7 (1 2 9 ) 24 0 , 5 3 8 74 4 2 2 3 240,000 06/09/14 N/A 01/09/17 945 0.650% Washington Trust TC F N a t i o n a l B a n k Ye s T C F N a t i o n a l B a n k 0. 7 0 0 % 24 7 , 6 4 0 70 0 24 8 , 3 4 0 85 6 3 7 0 248,000 06/03/15 N/A 06/05/17 733 0.700% TCF National Bank To w n e B a n k Ye s T o w n e B a n k 0. 9 0 0 % 24 7 , 6 3 8 71 7 24 8 , 3 5 5 1, 0 4 6 37 7 248,000 06/12/15 N/A 06/12/17 731 0.900%Towne Bank 1s t N a t i o n a l - M a y f i e l d Ye s 1 s t N a t i o n a l - M a y f i e l d 1. 0 0 0 % 24 7 , 1 6 7 1, 6 6 1 24 8 , 8 2 8 13 6 5 5 9 248,000 06/11/15 N/A 12/11/17 914 1.000% 1st National-Mayfield In d e p e n d e n t B a n k Ye s I n d e p e n d e n t B a n k 0. 9 0 0 % 24 6 , 9 8 3 1, 8 6 8 24 8 , 8 5 1 11 6 5 9 1 248,000 06/12/15 N/A 01/12/18 945 0.900% Independent Bank Em b a s s y N a t i o n a l Ye s E m b a s s y N a t i o n a l 1. 0 0 0 % 24 6 , 6 6 1 2, 1 8 5 24 8 , 8 4 6 95 6 5 4 248,000 06/17/15 N/A 03/16/18 1003 1.000% Embassy National Ca r o l i n a A l l i a n c e Ye s C a r o l i n a A l l i a n c e 1. 0 0 0 % 24 6 , 6 9 8 2, 1 8 8 24 8 , 8 8 6 82 6 5 7 248,000 06/19/15 N/A 03/19/18 1004 1.000% Carolina Alliance So u t h A t l a n t i c Ye s S o u t h A t l a n t i c 1. 0 0 0 % 24 6 , 5 8 4 1, 3 8 4 24 7 , 9 6 8 14 9 6 7 3 248,000 06/09/15 N/A 04/04/18 1030 1.000%South Atlantic Co m p a s s B a n k Ye s C o m p a s s B a n k 1. 3 5 0 % 24 6 , 2 8 9 2, 5 8 4 24 8 , 8 7 3 1, 6 3 3 73 5 248,000 06/05/15 N/A 06/05/18 1096 1.350%Compass Bank MB F i n a n c i a l B a n k Ye s M B F i n a n c i a l B a n k 1. 1 0 0 % 24 6 , 3 4 8 2, 5 7 9 24 8 , 9 2 7 19 4 7 3 5 248,000 06/05/15 N/A 06/05/18 1096 1.100% MB Financial Bank Mf r T r a d e & T r u s t Ye s M f r T r a d e & T r u s t 1. 2 0 0 % 24 6 , 2 3 4 2, 4 8 8 24 8 , 7 2 2 1, 4 1 1 74 1 248,000 06/10/15 N/A 06/11/18 1097 1.200% Mfr Trade & Trust Mo r t o n C o m m u n i t y Ye s M o r t o n C o m m u n i t y 1. 2 5 0 % 24 6 , 0 0 1 3, 9 4 6 24 9 , 9 4 7 16 1 9 2 5 248,000 06/12/15 N/A 12/12/18 1279 1.250% Morton Community Fa r m e r s & M e r c h Ye s F a r m e r s & M e r c h 1. 2 5 0 % 24 6 , 0 0 1 4, 3 6 0 25 0 , 3 6 1 22 1 9 8 0 248,000 06/05/15 N/A 02/05/19 1341 1.250% Farmers & Merch So l o m o n S t a t e Ye s S o l o m o n S t a t e 1. 4 0 0 % 24 5 , 8 2 5 5, 3 9 2 25 1 , 2 1 7 25 7 1 , 0 9 9 248,000 06/04/15 N/A 06/04/19 1461 1.400%Solomon State Co n n e c t O n e Ye s C o n n e c t O n e 1. 5 0 0 % 24 5 , 8 1 7 5, 3 9 2 25 1 , 2 0 9 26 5 1 , 1 0 0 248,000 06/05/15 N/A 06/05/19 1461 1.500%Connect One Ri v e r w o o d Ye s R i v e r w o o d 1. 4 0 0 % 24 5 , 5 6 5 6, 1 5 0 25 1 , 7 1 5 24 7 1 , 1 9 2 248,000 06/05/15 N/A 09/05/19 1553 1.400%Riverwood Ev e r B a n k Ye s E v e r B a n k 1. 7 0 0 % 24 4 , 7 9 8 8, 4 9 4 25 3 , 2 9 2 2, 0 5 6 1 , 4 6 6 248,000 06/05/15 N/A 06/05/20 1827 1.700%EverBank Ca p i t a l O n e Ye s C a p i t a l O n e 1. 9 0 0 % 24 1 , 7 9 0 8, 3 9 9 25 0 , 1 8 9 2, 2 0 6 1 , 4 7 1 245,000 06/10/15 N/A 06/10/20 1827 1.900%Capital One Ba n k M i d W e s t Ye s B a n k M i d W e s t 1. 6 5 0 % 24 4 , 8 1 1 8, 5 7 3 25 3 , 3 8 4 21 3 1, 4 7 3 248,000 06/12/15 N/A 06/12/20 1827 1.650%Bank MidWest Al l y B a n k M i d v a l e Ye s A l l y B a n k M i d v a l e 1. 7 0 0 % 24 0 , 0 0 0 3, 0 7 2 24 3 , 0 7 2 1, 7 7 7 93 7 240,000 12/24/15 N/A 12/24/18 1096 1.700% Ally Bank Midvale We l l s F a r g o B a n k Ye s W e l l s F a r g o B a n k 1. 2 0 0 % 24 0 , 0 0 0 3, 1 2 2 24 3 , 1 2 2 39 1 , 0 0 1 240,000 02/26/16 N/A 02/26/19 1096 1.200% Wells Fargo Bank Co m e n i t y C a p i t a l B a n k Ye s C o m e n i t y C a p i t a l B a n k 1. 7 0 0 % 24 0 , 0 0 0 1, 2 7 9 24 1 , 2 7 9 10 1 1 , 7 2 8 240,000 02/22/16 N/A 02/22/21 1827 1.700% Comenity Capital Bank Pr i v a t e B a n k & T r u s t Ye s P r i v a t e B a n k & T r u s t 1. 5 0 0 % 24 0 , 0 0 0 (5 3 3 ) 23 9 , 4 6 7 49 1 , 8 2 1 240,000 05/26/16 N/A 05/26/21 1826 1.500% PrivateBank & Trust To t a l - C e r t i f i c a t e s o f D e p o s i t Av e r a g e C D Y i e l d 2. 2 6 1 % 10 , 9 3 1 , 5 2 6 $ 12 6 , 2 3 2 $ 11 , 0 5 7 , 7 5 8 $ 22 , 5 4 6 $ 10 , 9 4 1 , 0 0 0 $ 111 Ci t y o f L a Q u i n t a Su m m a r y o f H o l d i n g s Ci t y , R e d e v e l o p m e n t A g e n c y a n d F i n a n c i n g A u t h o r i t y Ma y 3 1 , 2 0 1 6 Lo c a l A g e n c y I n v e s t m e n t F u n d I n t e r e s t B o o k U n r e a l i z a b l e F a i r A c c r u e d D a y s t o A c t u a l M a n a g e m e n t S t a t u t o r y M g m t Na m e - A v a i l a b i l i t y S u r p l u s T y p e R a t e V a l u e G a i n / ( L o s s ) V a l u e I n t e r e s t M a t u r i t y F e e s C h a r g e d F e e s A l l o w e d LA I F - C i t y - D e m a n d Y e s S t a t e P o o l 0 . 5 1 % 3 3 , 4 2 1 , 3 6 8 $ - $ 3 3 , 4 2 1 , 3 6 8 $ - $ N / A 1. 7 5 % - Q / E 0 3 / 3 1 / 1 6 5.00% To t a l - S t a t e P o o l 33 , 4 2 1 , 3 6 8 $ - $ 3 3 , 4 2 1 , 3 6 8 $ - $ To t a l C i t y I n v e s t m e n t s 92 , 2 8 5 , 2 1 4 $ 18 3 , 4 9 2 $ 92 , 4 6 8 , 7 0 6 $ 11 8 , 5 6 3 $ To t a l C i t y C a s h & I n v e s t m e n t s 96 , 3 6 5 , 6 2 0 $ 18 3 , 4 9 2 $ 96 , 5 4 9 , 1 1 3 $ 11 8 , 5 6 3 $ Fi s c a l A g e n t I n v e s t m e n t s Po r t f o l i o - M o n e y M r k t M u t u a l F u n d s Mo n e y M a r k e t In t e r e s t Bo o k U n r e a l i z a b l e M a r k e t Ac c r u e d D a y s t o M a n a g e m e n t Tr u s t e e - A v a i l a b i l i t y Su r p l u s Mu t u a l F u n d Ra t e Va l u e G a i n / ( L o s s ) Va l u e In t e r e s t M a t u r i t y Fe e s Ci v i c C e n t e r U . S . B a n k - P r o j e c t Ye s 1s t A m e r i c a n 0. 0 2 0 % - $ - $ - $ N / A 1 . 4 0 % o f A v e r a g e D a i l y Ci v i c C e n t e r U . S . B a n k - D e b t S v c Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 4 S A U . S . B a n k - D e b t S v c Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 8 S A U . S . B a n k - P A 2 D e b t S v c Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 8 S A U . S . B a n k - P A 1 D e b t S v c Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 19 9 6 F A S e r i e s B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 1 S A U . S . B a n k - D e b t S e r v i c e Y e s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 4 F i n A u t h R e v e n u e B o n d s Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 4 F i n A u t h H o u s i n g P r o j e c t Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 2 S A U . S . B a n k - C I P Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 0 2 S A U . S . B a n k - D e b t S v c Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 1 1 P A 2 T a x A l l o c a t i o n B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % 2, 4 2 0 , 2 8 6 - 2, 4 2 0 , 2 8 6 N/ A 1 20 1 1 P A 2 T a x A l l o c a t i o n B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % 64 - 64 N / A 1 20 1 1 F i n a n c i n g A u t h o r i t y D e b t S e r v i c e Y e s 1s t A m e r i c a n 0. 0 2 0 % 69 - 69 N / A 1 20 1 1 P A 2 T a x A l l o c a t i o n B o n d Ye s 1s t A m e r i c a n 0. 0 2 0 % 60 0 , 0 1 2 - 60 0 , 0 1 2 N/ A 1 20 1 1 F i n a n c i n g A u t h o r i t y R e s e r v e Y e s 1s t A m e r i c a n 0. 0 2 0 % 2, 6 9 4 , 4 3 6 - 2, 6 9 4 , 4 3 6 N/ A 1 20 1 1 P A 2 T a x a b l e R e v e n u e B o n d Y e s 1s t A m e r i c a n 0. 0 2 0 % 25 , 5 6 1 , 0 7 4 - 2 5 , 5 6 1 , 0 7 4 N/ A 1 20 1 1 S A 1 D e b t S e r v i c e F u n d Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 1 1 S A 2 B o n d P r o c e e d s Ye s 1s t A m e r i c a n 0. 0 2 0 % - - - N / A 1 20 1 3 S e r i e s A R e f u n d i n g B o n d s Y e s 1s t A m e r i c a n 0. 0 2 0 % 7 - 7 N / A 1 20 1 3 S e r i e s B R e f u n d i n g B o n d s Y e s 1s t A m e r i c a n 0. 0 2 0 % 2 - 2 N / A 1 20 1 4 T a x A l l o c a t i o n R e f u n d i n g B o n d s Y e s 1s t A m e r i c a n 0. 0 2 0 % 40 - 40 N / A 1 Su b t o t a l - M u t u a l F u n d 31 , 2 7 5 , 9 9 0 - $ 3 1 , 2 7 5 , 9 9 0 - $ To t a l F i s c a l A g e n t I n v e s t m e n t s 31 , 2 7 5 , 9 9 0 $ - $ 3 1 , 2 7 5 , 9 9 0 $ - $ Gr a n d T o t a l 12 7 , 6 4 1 , 6 1 0 $ 18 3 , 4 9 2 $ 12 7 , 8 2 5 , 1 0 3 $ 11 8 , 5 6 3 $ Av e r a g e M a t u r i t y 31 9 Da y s 0. 5 9 % 112 Ci t y o f L a Q u i n t a Su m m a r y o f I n v e s t m e n t A c t i v i t i e s Ci t y , S u c c e s s o r A g e n c y a n d F i n a n c i n g A u t h o r i t y Ma y 3 1 , 2 0 1 6 In v e s t m e n t s P u r c h a s e d Yield Na m e T y p e Pr i n c i p a l Da t e t o M a t u r i t y Fi r s t E m p i r e S e c u r i t i e s CD 24 0 , 0 0 0 LA I F 8, 0 0 0 , 0 0 0 US B a n k Mu t u a l F u n d I n t e r e s t 15 7 To t a l I n v e s t m e n t s P u r c h a s e d 8, 2 4 0 , 1 5 7 In v e s t m e n t s S o l d / M a t u r e d Yield Na m e Ty p e Pr i n c i p a l Da t e t o M a t u r i t y Fi r s t E m p i r e S e c u r i t i e s CD (2 4 0 , 2 3 0 ) To t a l I n v e s t m e n t s S o l d / M a t u r e d (2 4 0 , 2 3 0 ) Ch e c k i n g & S a v i n g s - N e t C h a n g e 18 5 , 5 2 5 $ In v e s t m e n t C h a n g e Pr i o r M o n t h E n d i n g B a l a n c e 119,456,158 $ Pl u s : I n v e s t m e n t s P u r c h a s e d 8,240,157 Le s s : I n v e s t m e n t s S o l d (240,230) Ch e c k i n g & S a v i n g s - N e t C h a n g e 185,525 Mo n t h E n d i n g B a l a n c e 127,641,610 113 Ci t y o f L a Q u i n t a Di s t r i b u t i o n o f C a s h & I n v e s t m e n t s & B a l a n c e s Ma y 3 1 , 2 0 1 6 Di s t r i b u t i o n o f C a s h & I n v e s t m e n t s Ci t y To t a l s Ge n e r a l F u n d 56 , 7 1 4 , 1 7 2 Ga s T a x (7 6 , 2 0 8 ) Qu i m b y F u n d 5, 1 4 7 , 0 2 5 AB 9 3 9 73 1 , 2 6 8 In f r a s t r u c t u r e F u n d 23 , 4 6 0 De v e l o p e r I m p a c t f e e s 4, 0 6 4 , 7 5 4 Ar t i n P u b l i c P l a c e s 61 3 , 5 3 1 Sp e c i a l R e v e n u e 1, 4 2 7 , 6 8 8 In t e r e s t F u n d 85 , 8 3 3 Ca p i t a l P r o j e c t F u n d 1, 4 2 7 , 0 3 3 Eq u i p m e n t R e p l a c e m e n t F u n d 2, 7 1 6 , 5 8 5 In f o r m a t i o n T e c h n o l o g y F u n d 75 2 , 1 2 5 Pa r k E q u i p m e n t & F a c i l i t y 2, 6 0 7 , 7 6 6 La n d s c a p e & L i g h t i n g F u n d (2 1 5 , 0 7 5 ) Si l v e r R o c k R e s o r t 40 0 , 5 1 2 Tr u s t & A g e n c y F u n d s 30 2 , 4 4 9 In s u r a n c e F u n d 49 , 1 8 4 Su p p l e m e n t a l P e n s i o n P l a n 13 9 , 6 1 1 S u b t o t a l 76 , 9 1 1 , 7 1 3 $ Su c c e s s o r A g e n c y To t a l s Pr o j e c t A r e a P r o j e c t A r e a 12 Ca p i t a l I m p r o v e m e n t F u n d s 6 , 5 7 8 , 8 4 3 $ 4 , 6 3 3 , 5 2 7 $ 1 1 , 2 1 2 , 3 7 0 $ De b t S e r v i c e F u n d s 3 , 0 8 5 2 6 1 3 , 3 4 6 $ Su c c e s s o r A g e n c y 5 , 0 1 3 , 5 9 4 8 5 , 0 1 3 , 6 0 2 $ Lo w & M o d e r a t e I n c o m e F u n d s 2 5 , 5 6 2 , 8 6 6 6 6 4 2 5 , 5 6 3 , 5 3 0 $ S u b t o t a l 3 7 , 1 5 8 , 3 8 8 $ 4 , 6 3 4 , 4 6 0 $ 4 1 , 7 9 2 , 8 4 8 $ Ho u s i n g A u t h o r i t y Lo w & M o d e r a t e I n c o m e F u n d s 2 , 5 6 0 , 8 4 2 $ 6 , 3 7 6 , 2 0 7 $ 8 , 9 3 7 , 0 4 9 $ S u b t o t a l 2, 5 6 0 , 8 4 2 $ 6 , 3 7 6 , 2 0 7 $ 8 , 9 3 7 , 0 4 9 $ Fi n a n c i n g A u t h o r i t y Pr o j e c t F u n d s De b t S e r v i c e F u n d s 0 0 S u b t o t a l - $ To t a l 12 7 , 6 4 1 , 6 1 0 $ Ca s h B a l a n c e s Ty p e Ju l y 1 5 A u g u s t Se p t e m b e r Oc t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 5 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 12 , 8 2 7 , 7 9 1 1 , 6 2 9 , 9 7 2 3 , 4 0 1 , 3 1 5 1 , 2 3 0 , 9 7 8 2 , 3 9 3 , 2 6 2 2 , 2 9 2 , 9 3 8 2 , 0 3 5 , 2 4 8 2 , 0 6 4 , 9 4 8 7 , 7 0 7 , 4 5 7 3 , 8 9 4 , 8 8 1 4 , 0 8 0 , 4 0 6 0 St a t e P o o l 33 , 9 5 1 , 8 1 0 1 7 , 7 5 1 , 8 1 0 1 5 , 3 5 1 , 8 1 0 1 5 , 3 7 6 , 5 2 5 1 4 , 3 7 6 , 5 2 5 1 7 , 3 7 6 , 5 2 5 3 1 , 3 9 0 , 8 4 8 2 7 , 3 9 0 , 8 4 8 2 6 , 3 9 0 , 8 4 8 2 5 , 4 2 1 , 3 6 8 3 3 , 4 2 1 , 3 6 8 0 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 0 0 0 0 0 0 0 0 0 0 0 0 U. S . T r e a s u r y B i l l s / N o t e s 19 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 1 9 , 9 1 6 , 1 5 0 0 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 8 , 0 2 2 , 9 2 0 2 3 , 0 2 4 , 9 2 0 2 8 , 0 1 6 , 1 7 0 2 8 , 0 1 6 , 1 7 0 0 Pr i m e C o m m e r c i a l P a p e r 0 0 0 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 10 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 3 , 1 5 1 1 0 , 9 3 1 , 7 5 6 1 0 , 9 3 1 , 7 5 6 1 0 , 9 3 1 , 7 5 6 1 0 , 9 3 1 , 5 2 6 0 Mu t u a l F u n d s 31 , 2 7 4 , 7 3 0 4 3 , 4 5 8 , 1 7 2 3 1 , 8 9 6 , 6 0 5 3 1 , 2 7 5 , 0 2 3 3 1 , 2 7 5 , 1 8 3 3 1 , 2 7 5 , 3 3 8 3 1 , 2 7 5 , 4 9 7 3 6 , 7 6 8 , 9 1 9 3 1 , 3 2 7 , 0 1 1 3 1 , 2 7 5 , 8 3 3 3 1 , 2 7 5 , 9 9 0 0 To t a l 13 6 , 9 2 6 , 5 5 2 $ 12 1 , 7 1 2 , 1 7 5 $ 10 9 , 5 2 1 , 9 5 1 $ 10 6 , 7 5 4 , 7 4 7 $ 10 6 , 9 1 7 , 1 9 1 $ 10 9 , 8 1 7 , 0 2 2 $ 12 3 , 5 7 3 , 8 1 4 $ 12 5 , 0 9 5 , 5 4 1 $ 11 9 , 2 9 8 , 1 4 2 $ 11 9 , 4 5 6 , 1 5 8 $ 12 7 , 6 4 1 , 6 1 0 $ - $ Ty p e Ju l y 1 4 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 5 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 7, 1 4 8 , 0 5 6 2 , 0 1 2 , 1 3 1 3 , 1 3 5 , 4 0 6 1 , 4 9 0 , 7 0 1 2 , 4 9 7 , 5 7 5 4 , 0 2 5 , 8 1 9 4 , 8 0 5 , 2 7 9 1 , 2 0 0 , 6 6 5 1 , 8 3 6 , 6 7 5 4 , 7 8 7 , 4 9 5 1 0 , 9 7 5 , 9 7 2 4 , 9 4 5 , 2 3 3 St a t e P o o l 49 , 0 4 0 , 9 8 5 3 5 , 5 4 0 , 9 8 5 3 2 , 5 4 0 , 9 8 4 2 9 , 5 6 7 , 2 9 3 2 7 , 3 6 7 , 2 9 3 2 7 , 3 6 7 , 2 9 3 3 5 , 8 8 5 , 9 4 8 2 9 , 8 8 5 , 9 4 8 2 8 , 8 8 5 , 9 4 8 2 8 , 9 0 5 , 5 3 1 4 8 , 9 0 5 , 5 3 1 4 8 , 9 2 3 , 9 1 9 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 0 0 0 0 0 0 0 0 0 0 0 0 U. S . T r e a s u r y B i l l s / N o t e s 0 0 0 0 0 0 0 0 0 0 0 4 , 8 9 0 , 6 5 0 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 3 7 , 9 5 9 , 0 4 6 3 7 , 9 6 0 , 3 7 2 3 7 , 9 6 1 , 6 5 6 3 7 , 9 6 2 , 9 8 3 3 7 , 9 6 4 , 2 6 7 3 7 , 9 6 5 , 5 9 3 3 7 , 9 6 6 , 9 2 0 3 7 , 9 6 8 , 1 1 8 3 7 , 9 6 9 , 4 4 5 3 7 , 9 7 0 , 7 2 9 1 7 , 9 7 2 , 0 5 5 2 8 , 0 2 2 , 9 2 0 Pr i m e C o m m e r c i a l P a p e r 0 0 0 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 6, 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 6 , 4 8 0 , 0 0 0 1 0 , 9 3 3 , 1 5 1 Mu t u a l F u n d s 31 , 3 0 2 , 0 6 6 4 2 , 9 1 1 , 6 5 7 3 1 , 8 7 9 , 6 1 8 3 1 , 2 7 3 , 4 6 9 3 1 , 2 7 3 , 6 2 9 3 1 , 2 7 3 , 7 8 4 3 1 , 2 7 3 , 9 4 4 3 7 , 2 9 8 , 6 3 3 3 1 , 3 4 0 , 8 3 8 3 1 , 2 7 4 , 2 6 0 3 1 , 2 7 4 , 4 1 5 3 1 , 2 7 4 , 5 7 4 To t a l 13 1 , 9 3 0 , 1 5 3 $ 12 4 , 9 0 5 , 1 4 5 $ 11 1 , 9 9 7 , 6 6 4 $ 10 6 , 7 7 4 , 4 4 6 $ 10 5 , 5 8 2 , 7 6 4 $ 10 7 , 1 1 2 , 4 8 9 $ 11 6 , 4 1 2 , 0 9 1 $ 11 2 , 8 3 3 , 3 6 4 $ 10 6 , 5 1 2 , 9 0 6 $ 10 9 , 4 1 8 , 0 1 5 $ 11 5 , 6 0 7 , 9 7 3 $ 12 8 , 9 9 0 , 4 4 7 $ Ty p e Ju l y 1 3 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 4 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 43 7 , 4 8 4 6 4 8 , 4 5 9 6 9 7 , 9 4 9 1 , 6 8 4 , 0 6 0 56 5 , 3 6 9 1 , 9 3 1 , 5 5 5 3 , 5 5 7 , 6 6 3 5 , 6 8 0 , 8 3 1 3 , 5 9 1 , 1 5 7 1 , 3 3 4 , 0 8 4 3 , 6 3 0 , 9 6 2 8 , 9 9 3 , 9 0 8 St a t e P o o l 34 , 4 2 4 , 5 3 7 1 8 , 8 2 4 , 5 3 7 1 7 , 6 2 4 , 5 3 7 1 5 , 9 9 3 , 0 7 5 1 7 , 9 9 3 , 0 7 5 1 8 , 7 9 3 , 0 7 5 3 3 , 4 2 1 , 3 6 8 3 1 , 8 0 4 , 3 3 7 3 1 , 8 0 4 , 3 3 7 3 1 , 8 2 0 , 9 3 2 3 3 , 0 2 0 , 9 3 2 4 9 , 0 2 0 , 9 3 2 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 39 , 9 6 2 , 5 6 4 3 9 , 9 6 4 , 5 0 4 3 9 , 9 6 6 , 8 4 4 0 0 0 0 0 0 0 0 0 U. S . T r e a s u r y B i l l s / N o t e s 40 , 1 9 4 , 2 7 1 4 0 , 1 9 6 , 7 5 0 4 0 , 1 9 9 , 1 5 2 4 0 , 2 0 0 , 5 1 6 4 0 , 1 9 9 , 4 8 1 3 0 , 2 0 0 , 8 0 5 1 5 , 2 0 1 , 8 4 1 1 1 , 9 9 9 , 4 6 4 1 9 , 9 1 6 , 1 5 0 0 0 0 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 4 2 , 9 4 3 , 4 2 6 4 2 , 9 4 4 , 7 5 2 4 2 , 9 4 6 , 0 3 6 4 2 , 9 4 7 , 3 6 3 3 9 , 9 4 8 , 6 4 7 3 9 , 9 4 9 , 9 7 3 3 9 , 9 5 1 , 3 0 0 3 9 , 9 5 2 , 4 9 8 3 9 , 9 5 3 , 8 2 5 3 9 , 9 5 5 , 1 0 9 3 9 , 9 5 6 , 4 3 5 3 7 , 9 5 7 , 7 1 9 Pr i m e C o m m e r c i a l P a p e r 0 0 0 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 1, 4 4 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 0 , 9 3 1 , 5 2 6 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 0 , 9 3 1 , 5 2 6 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 4 , 0 8 0 , 0 0 0 6 , 2 4 0 , 0 0 0 6 , 4 8 0 , 0 0 0 Mu t u a l F u n d s 3, 2 1 5 , 1 1 6 1 5 , 6 7 1 , 3 1 1 3 , 4 3 6 , 0 4 6 2 , 8 4 6 , 2 6 5 2 , 5 5 9 , 7 9 9 1 2 , 5 5 9 , 8 2 1 1 8 , 6 4 5 , 0 7 0 2 5 , 0 9 8 , 8 7 5 3 3 , 9 2 8 , 9 9 3 3 3 , 8 4 7 , 8 0 6 3 3 , 8 4 7 , 9 7 4 3 3 , 8 7 0 , 7 4 1 To t a l 16 2 , 6 1 7 , 3 9 8 $ 15 9 , 9 3 0 , 3 1 3 $ 14 6 , 5 5 0 , 5 6 4 $ 11 4 , 6 0 2 , 8 0 5 $ 10 2 , 9 4 6 , 3 7 1 $ 10 5 , 1 1 5 , 2 2 9 $ 12 1 , 7 0 8 , 7 6 8 $ 11 6 , 2 1 6 , 0 0 5 $ 13 0 , 8 7 4 , 4 6 2 $ 11 1 , 0 3 7 , 9 3 1 $ 11 6 , 6 9 6 , 3 0 3 $ 13 6 , 3 2 3 , 3 0 0 $ Ty p e Ju l y 1 2 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 3 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s (5 2 4 , 5 7 9 ) 7 8 7 , 3 0 0 3 4 7 , 5 2 9 ( 1 , 0 3 0 , 7 6 1 ) 1 0 , 9 8 8 , 8 5 4 ( 4 8 7 , 4 0 0 ) 1 , 7 0 6 , 6 9 9 5 5 5 , 8 5 9 2 1 4 , 5 2 1 4 2 , 1 1 6 7 0 6 , 2 3 8 72 , 7 7 6 St a t e P o o l 37 , 1 4 4 , 0 0 5 1 7 , 7 6 9 , 0 0 5 2 6 , 5 1 9 , 0 0 5 2 9 , 6 4 6 , 8 2 5 2 6 , 2 4 6 , 8 2 5 3 7 , 9 4 6 , 8 2 5 4 6 , 8 7 1 , 6 8 9 3 9 , 7 7 1 , 6 8 9 3 7 , 9 7 1 , 6 8 9 3 9 , 5 0 1 , 1 3 2 3 5 , 8 0 1 , 1 3 2 3 6 , 8 0 1 , 1 3 2 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 39 , 9 7 5 , 7 3 5 3 9 , 9 4 1 , 3 6 7 3 9 , 9 5 5 , 7 3 7 3 9 , 9 7 2 , 4 2 9 39 , 9 8 7 , 0 0 7 3 9 , 8 9 8 , 4 9 4 3 9 , 9 0 9 , 5 1 0 3 9 , 9 1 9 , 0 9 3 3 9 , 9 2 8 , 3 7 9 3 9 , 9 3 8 , 3 7 3 3 9 , 9 4 7 , 6 4 9 3 9 , 9 5 5 , 5 5 6 U. S . T r e a s u r y B i l l s / N o t e s 72 , 9 8 1 , 3 3 4 7 0 , 9 8 6 , 3 1 8 7 0 , 9 8 6 , 3 1 1 7 0 , 9 9 2 , 2 2 3 61 , 0 3 1 , 0 7 0 6 1 , 0 3 3 , 3 8 0 6 1 , 0 3 5 , 7 3 7 6 1 , 0 3 6 , 8 5 8 6 1 , 0 3 7 , 9 4 7 4 0 , 9 9 2 , 8 0 1 4 0 , 9 9 2 , 1 9 2 4 0 , 1 9 1 , 7 8 9 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 8 , 9 9 9 , 0 1 5 8 , 9 9 9 , 7 0 9 0 0 0 0 0 3 , 0 0 0 , 0 0 0 3 , 0 0 0 , 0 0 0 2 3 , 0 0 0 , 0 0 0 2 8 , 0 0 0 , 0 0 0 4 2 , 9 4 2 , 0 9 9 Pr i m e C o m m e r c i a l P a p e r 11 , 9 9 8 , 6 0 5 4 , 9 9 9 , 0 2 5 4 , 9 9 9 , 7 2 1 0 0 0 0 0 0 0 0 0 Co r p o r a t e N o t e s 0 0 0 0 0 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 72 4 , 0 0 0 4 8 0 , 0 0 0 4 8 0 , 0 0 0 4 8 0 , 0 0 0 48 0 , 0 0 0 1 , 2 0 0 , 0 0 0 1 , 2 0 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 6 8 0 , 0 0 0 1 , 4 4 0 , 0 0 0 Mu t u a l F u n d s 16 , 0 2 5 , 0 8 6 1 5 , 4 6 4 , 8 3 7 2 , 5 4 0 , 2 6 6 2 , 4 9 7 , 1 8 7 2 , 5 0 3 , 9 0 3 2 , 4 6 2 , 1 7 5 2 , 4 6 2 , 2 0 8 9 , 0 2 9 , 3 1 9 2 , 4 9 0 , 2 5 9 2 , 4 0 9 , 3 2 0 2 , 4 1 2 , 2 6 9 3 , 2 1 5 , 0 8 1 To t a l 18 7 , 3 2 3 , 2 0 1 $ 15 9 , 4 2 7 , 5 6 1 $ 14 5 , 8 2 8 , 5 6 9 $ 14 2 , 5 5 7 , 9 0 3 $ 14 1 , 2 3 7 , 6 5 9 $ 14 2 , 0 5 3 , 4 7 4 $ 15 3 , 1 8 5 , 8 4 3 $ 15 4 , 9 9 2 , 8 1 8 $ 14 6 , 3 2 2 , 7 9 5 $ 14 7 , 5 6 3 , 7 4 2 $ 14 9 , 5 3 9 , 4 8 0 $ 16 4 , 6 1 8 , 4 3 3 $ Ty p e Ju l y 1 1 A u g u s t S e p t e m b e r O c t o b e r N o v e m b e r D e c e m b e r J a n u a r y 1 2 F e b r u a r y M a r c h Ap r i l Ma y Ju n e Ca s h & I n v e s t m e n t s 28 1 , 5 7 8 9 , 9 7 6 , 5 2 8 2 4 9 , 7 7 8 1 3 , 7 9 5 , 0 8 5 - 1 , 0 9 0 , 1 9 8 9 7 9 , 7 9 6 1 , 0 5 7 , 9 1 9 6 , 8 3 8 , 0 7 3 - 3 4 3 , 0 7 2 2 5 4 , 7 0 0 2 , 9 8 0 , 8 4 0 45 5 , 4 0 7 St a t e P o o l 21 , 3 7 8 , 7 4 5 1 7 , 9 7 8 , 7 4 5 1 7 , 2 7 8 , 7 4 5 1 5 , 2 0 0 , 9 8 4 2 6 , 6 5 0 , 9 8 4 3 9 , 1 5 0 , 9 8 5 3 9 , 9 7 5 , 6 5 3 3 1 , 9 7 5 , 6 5 3 3 6 , 6 7 5 , 6 5 3 3 5 , 5 1 0 , 8 6 2 3 9 , 9 1 0 , 8 6 2 3 8 , 0 1 0 , 8 6 2 In t e r e s t b e a r i n g a c t i v e b a n k d e p o s i t 10 , 0 0 1 , 0 5 1 1 5 , 0 0 7 , 1 1 4 3 9 , 5 1 4 , 6 1 5 3 9 , 5 2 7 , 8 2 0 3 9 , 5 4 6 , 8 2 4 3 9 , 5 6 3 , 9 5 0 3 9 , 5 8 1 , 0 1 9 3 9 , 8 9 6 , 3 1 3 3 9 , 9 1 2 , 2 8 7 3 9 , 9 2 8 , 7 6 5 3 9 , 9 4 4 , 8 4 7 3 9 , 9 5 9 , 6 0 2 U. S . T r e a s u r y B i l l s / N o t e s 58 , 9 4 2 , 1 5 9 5 8 , 9 4 7 , 7 2 2 7 2 , 9 4 9 , 1 9 5 6 0 , 9 5 5 , 2 3 5 6 0 , 9 6 2 , 4 3 0 4 3 , 9 6 7 , 6 9 6 4 3 , 9 7 0 , 9 3 3 5 8 , 3 7 1 , 9 6 8 5 8 , 3 6 9 , 8 1 0 7 3 , 3 6 8 , 1 9 5 7 2 , 9 6 8 , 6 9 8 7 2 , 9 7 4 , 9 1 3 U. S . G o v e r n m e n t S p o n s o r e d E n t e r p r i s e s 1 9 , 9 9 4 , 4 5 9 1 9 , 9 9 7 , 3 7 1 1 4 , 9 9 5 , 3 2 5 1 4 , 9 9 6 , 0 9 6 1 4 , 9 9 6 , 8 4 2 1 4 , 9 9 7 , 6 1 3 2 3 , 9 9 7 , 9 2 0 2 3 , 9 9 8 , 9 9 6 2 3 , 9 9 6 , 1 6 1 8 , 9 9 6 , 9 5 6 8 , 9 9 7 , 6 5 0 8 , 9 9 8 , 3 2 1 Pr i m e C o m m e r c i a l P a p e r 19 , 9 9 2 , 8 8 8 4 , 9 9 7 , 4 3 3 0 0 0 6 , 9 9 9 , 4 2 7 1 4 , 9 9 6 , 5 3 7 1 4 , 9 9 8 , 7 1 7 9 , 9 9 6 , 8 2 8 9 , 9 9 8 , 3 8 8 9 , 9 9 6 , 3 4 2 1 1 , 9 9 7 , 2 0 2 Co r p o r a t e N o t e s 10 , 0 3 4 , 3 7 3 1 0 , 0 2 4 , 5 3 4 5 , 0 1 5 , 7 5 2 5, 0 0 8 , 7 7 6 5, 0 0 2 , 0 2 5 0 0 0 0 0 0 0 Ce r t i f i c a t e s o f D e p o s i t 72 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 72 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 7 2 4 , 0 0 0 72 4 , 0 0 0 Mu t u a l F u n d s 45 , 2 8 7 , 1 7 5 4 5 , 2 5 8 , 8 3 2 1 6 , 7 6 7 , 6 0 8 1 6 , 1 3 0 , 2 4 7 1 6 , 1 3 0 , 2 4 7 1 6 , 1 3 2 , 5 6 9 1 5 , 9 8 3 , 9 9 4 3 , 5 8 5 , 1 8 9 3 , 6 1 2 , 3 8 3 3 , 3 9 7 , 9 8 5 3 , 7 6 3 , 6 2 3 1 6 , 0 8 8 , 4 1 0 To t a l 18 6 , 6 3 6 , 4 2 8 $ 18 2 , 9 1 2 , 2 7 9 $ 16 7 , 4 9 5 , 0 1 8 $ 16 6 , 3 3 8 , 2 4 3 $ 16 2 , 9 2 3 , 1 5 4 $ 16 2 , 5 1 6 , 0 3 6 $ 18 0 , 2 8 7 , 9 7 5 $ 18 0 , 3 8 8 , 9 0 9 $ 17 2 , 9 4 4 , 0 5 0 $ 17 2 , 1 7 9 , 8 5 1 $ 17 9 , 2 8 6 , 8 6 2 $ 18 9 , 2 0 8 , 7 1 7 $ 114 City of La Quinta Comparative Rates of Interest May 31, 2016 Commercial Paper Average Three Month Year Month Pooled Cash Fiscal Agent Overall Maturity (days) Three Month Six Month One Year Two Year Non-Financial LAIF Rate FY 10/11 July 2010 0.50% 0.15% 0.47% 119 0.16% 0.20% 0.30% 0.63%0.28%0.53% Aug 2010 0.49% 0.15% 0.46% 108 0.15% 0.19% 0.26% 0.38%0.25%0.51% Sept 2010 0.55% 0.15% 0.51% 107 0.16% 0.19% 0.27% 0.38%0.24%0.50% Oct 2010 0.55% 0.15% 0.51%88 0.13% 0.17% 0.23% 0.38%0.23%0.48% Nov 2010 0.53% 0.15% 0.49%84 0.18% 0.21% 0.28% 0.50%0.23%0.45% Dec 2010 0.57% 0.14% 0.52% 265 0.15% 0.19% 0.30% 0.63%0.23%0.46% Jan 2011 0.51% 0.14% 0.43% 206 0.16% 0.18% 0.28% 0.63%0.24%0.54% Feb 2011 0.55% 0.17% 0.46% 210 0.15% 0.17% 0.31% 0.63%0.23%0.51% Mar 2011 0.54% 0.17% 0.45% 218 0.05% 0.13% 0.26% 0.75%0.23%0.50% Apr 2011 0.59% 0.17% 0.48% 192 0.05% 0.10% 0.28% 0.63%0.20%0.59% May 2011 0.48% 0.17% 0.41% 156 0.06% 0.12% 0.20% 0.50%0.16%0.41% June 2011 0.53% 0.00% 0.35% 126 0.03% 0.10% 0.20% 0.38%0.15%0.45% FY 11/12 July 2011 0.53% 0.00% 0.35% 112 0.07% 0.12% 0.15% 0.20%0.14%0.38% Aug 2011 0.60% 0.00% 0.38% 102 0.02% 0.05% 0.10% 0.13%0.16%0.41% Sept 2011 0.58% 0.03% 0.39% 124 0.02% 0.06% 0.09% 0.13%0.14%0.38% Oct 2011 0.53% 0.03% 0.35% 117 0.01% 0.06% 0.12% 0.25%0.15%0.39% Nov 2011 0.52% 0.03% 0.37%94 0.03% 0.07% 0.10% 0.25%0.14%0.40% Dec 2011 0.48% 0.03% 0.35%86 0.02% 0.06% 0.11% 0.13%0.14%0.39% Jan 2012 0.45% 0.03% 0.34%74 0.05% 0.08% 0.11% 0.25%0.14%0.39% Feb 2012 0.49% 0.05% 0.36%72 0.12% 0.15% 0.17% 0.25%0.17%0.39% Mar 2012 0.44% 0.05% 0.34%74 0.08% 0.14% 0.19% 0.25%0.18%0.38% Apr 2012 0.44% 0.09% 0.35%61 0.10% 0.15% 0.19% 0.25%0.20%0.37% May 2012 0.43% 0.09% 0.34%62 0.09% 0.14% 0.19% 0.25%0.19%0.36% June 2012 0.38% 0.08% 0.29%47 0.10% 0.15% 0.21% 0.25%0.21%0.36% FY 12/13 July 2012 0.41% 0.08% 0.31% 112 0.11% 0.15% 0.18% 0.22%0.22%0.36% Aug 2012 0.41% 0.08% 0.29%31 0.11% 0.14% 0.20% 0.25%0.20%0.38% Sept 2012 0.43% 0.09% 0.33%34 0.11% 0.14% 0.18% 0.25%0.20%0.35% Oct 2012 0.47% 0.10% 0.36%22 0.13% 0.16% 0.18% 0.25%0.19%0.34% Nov 2012 0.48% 0.10% 0.36% 161 0.10% 0.15% 0.18% 0.25%0.20%0.32% Dec 2012 0.47% 0.10% 0.36% 137 0.08% 0.12% 0.16% 0.13%0.20%0.33% Jan 2013 0.44% 0.10% 0.34% 111 0.08% 0.11% 0.14% 0.25%0.16%0.30% Feb 2013 0.37% 0.10% 0.29% 105 0.13% 0.14% 0.15% 0.25%0.17%0.29% Mar 2013 0.39% 0.09% 0.30% 123 0.08% 0.11% 0.15% 0.25%0.15%0.29% Apr 2013 0.31% 0.08% 0.25% 186 0.05% 0.08% 0.14% 0.13%0.12%0.26% May 2013 0.30% 0.06% 0.23% 175 0.05% 0.08% 0.14% 0.25%0.10%0.25% June 2013 0.30% 0.07% 0.23% 212 0.05% 0.09% 0.16% 0.38%0.10%0.24% FY 13/14 July 2013 0.28% 0.07% 0.21% 336 0.03% 0.07% 0.12% 0.25%0.11%0.27% Aug 2013 0.28% 0.06% 0.21% 303 0.03% 0.06% 0.07% 0.14%0.09%0.27% Sept 2013 0.30% 0.07% 0.23% 321 0.01% 0.04% 0.01% 0.25%0.08%0.26% Oct 2013 0.48% 0.06% 0.31% 427 0.05% 0.08% 0.16% 0.25%0.11%0.27% Nov 2013 0.49% 0.06% 0.31% 444 0.05% 0.08% 0.16% 0.25%0.09%0.26% Dec 2013 0.49% 0.05% 0.31% 396 0.07% 0.09% 0.14% 0.25%0.09%0.26% Jan 2014 0.44% 0.05% 0.32% 381 0.04% 0.06% 0.13% 0.38%0.09%0.24% Feb 2014 0.44% 0.03% 0.30% 357 0.05% 0.08% 0.12% 0.25%0.10%0.24% Mar 2014 0.44% 0.02% 0.30% 352 0.05% 0.07% 0.12% 0.38%0.10%0.24% Apr 2014 0.47% 0.02% 0.33% 368 0.02% 0.05% 0.11% 0.45%0.10%0.23% May 2014 0.49% 0.02% 0.35% 373 0.04% 0.06% 0.10% 0.39%0.10%0.23% June 2014 0.44% 0.02% 0.33% 310 0.04% 0.07% 0.11% 0.50%0.10%0.23% FY 14/15 July 2014 0.45% 0.02% 0.34% 305 0.03% 0.06% 0.11% 0.50%0.10%0.24% Aug 2014 0.49% 0.02% 0.36% 313 0.03% 0.05% 0.11% 0.50%0.11%0.26% Sept 2014 0.51% 0.02% 0.36% 325 0.02% 0.04% 0.12% 0.50%0.10%0.25% Oct 2014 0.50% 0.02% 0.36% 323 0.02% 0.06% 0.10% 0.38%0.10%0.26% Nov 2014 0.52% 0.02% 0.37% 317 0.03% 0.08% 0.14% 0.50%0.10%0.26% Dec 2014 0.52% 0.02% 0.37% 304 0.02% 0.07% 0.18% 0.50%0.13%0.27% Jan 2015 0.49% 0.02% 0.36% 268 0.02% 0.07% 0.21% 0.50%0.12%0.26% Feb 2015 0.51% 0.02% 0.36% 269 0.02% 0.08% 0.21% 0.50%0.12%0.27% Mar 2015 0.52% 0.02% 0.37% 261 0.04% 0.14% 0.27% 0.50%0.11%0.28% Apr 2015 0.52% 0.02% 0.37% 248 0.02% 0.07% 0.25% 0.50%0.10%0.28% May 2015 0.50% 0.02% 0.35% 388 0.01% 0.07% 0.26% 0.63%0.12%0.29% June 2015 0.70% 0.02% 0.53% 378 0.02% 0.09% 0.30% 0.63%0.14%0.30% FY 15/16 July 2015 0.79% 0.02% 0.57% 417 0.08% 0.17% 0.34% 0.63%0.13%0.32% Aug 2015 0.91% 0.02% 0.60% 467 0.10% 0.28% 0.42% 0.63%0.18%0.33% Sept 2015 0.94% 0.02% 0.62% 470 0.02% 0.11% 0.45% 0.63%0.22%0.34% Oct 2015 0.94% 0.02% 0.62% 458 0.11% 0.29% 0.21% 0.63%0.18%0.36% Nov 2015 0.95% 0.02% 0.62% 448 0.22% 0.42% 0.51% 0.88%0.20%0.37% Dec 2015 0.92% 0.02% 0.61% 419 0.22% 0.51% 0.69% 0.88%0.36%0.40% Jan 2016 0.81% 0.02% 0.57% 351 0.36% 0.47% 0.69% 0.75%0.47%0.45% Feb 2016 0.90% 0.02% 0.62% 358 0.33% 0.49% 0.67% 0.75%0.47%0.47% Mar 2016 0.88% 0.02% 0.60% 314 0.24% 0.39% 0.67% 0.88%0.47%0.51% Apr 2016 0.82% 0.02% 0.61% 353 0.22% 0.40% 0.62% 0.75%0.48%0.53% May 2016 0.80% 0.02% 0.60% 319 0.29% 0.44% 0.70% 0.88%0.48%0.55% City of La Quinta Annualized Earnings Treasury Bills/Note 115 0. 0 0 % 0. 1 0 % 0. 2 0 % 0. 3 0 % 0. 4 0 % 0. 5 0 % 0. 6 0 % 0. 7 0 % 0. 8 0 % 0. 9 0 % 1. 0 0 % De c ' 1 5 J a n ' 1 6 F e b ' 1 6 M a r ' 1 6 A p r ' 1 6 M a y ' 1 6 Mo n t h s Ci t y o f L a Q u i n t a Ch a r t o f I n t e r e s t R a t e s De c e m b e r 2 0 1 5 t h r o u g h M a y 2 0 1 6 An n u a l i z e d E a r n i n g s o f P o o l e d C a s h I n v e s t m e n t s An n u a l i z e d E a r n i n g s o f F i s c a l A g e n t I n v e s t m e n t s An n u a l i z e d E a r n i n g s o f A l l I n v e s t m e n t s Si x M o n t h T r e a s u r y B i l l R a t e Tw o Y e a r T r e a s u r y N o t e R a t e 116 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED JUNE 30 AND JULY 31, 2016 RECOMMENDATION Receive and file revenue and expenditure reports dated June 30 and July 31, 2016. EXECUTIVE SUMMARY •Revenue and expenditure reports are submitted for City Council review. •The report summarizes the City’s year-to-date (YTD) revenues and expenditures for June 2016 (Attachment 1) and July 2016 (Attachment 2). FISCAL IMPACT – None. BACKGROUND/ANALYSIS Revenues Below is a summary of the column headers used on the Revenue Summary Report All Funds: Original Total Budget – represents the revenue budget the Council adopted in June 2015 for fiscal year 2015/16 and in June 2016 for fiscal year 2016/17. Current Total Budget – includes original adopted revenue budget, plus carryovers, from the prior fiscal year and Council approved budget amendments. The bulk of the carryovers are related to Capital Improvement Project (CIP) matters. Each year total CIP projects are budgeted; however, project length may span over multiple years. Therefore, unfinished projects from the prior year are carried over (along with associated revenue reimbursements). Period Activity – represents actual revenues received in the reporting month. Fiscal Activity – presents actual revenues collected year to date (YTD). For example, the June report shows revenues collected in June in the Period Activity column, but revenues collected from the beginning of the fiscal year through the end of the reporting month for 2015/16 are presented in the Fiscal Activity column. 117 Variance Favorable/ (Unfavorable) – represents the difference between YTD collections and the budgeted amount. Percent Used – represents the percentage of budgeted revenues collected YTD. The revenue report includes revenues and transfers into funds from other funds (income items). Unlike expenditures, revenues are not received uniformly throughout the year, which results in peaks and valleys depending upon large payments that are received throughout the year. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. June Revenues $6.5 million in General Fund revenue was collected in June bringing the total YTD collections to 96.8 percent ($38.46 million). Total collections for all funds were $21.6 million, bringing total collections to 84 percent ($79.6 million). The bulk of General Fund payments consisted of: • $922,700 – Property tax including no-low property tax • $1,260,134 – Transient occupancy tax (TOT) • $1,536,219 – Fire Service Credit • $2,143,645 – Sales tax The larger non-General Fund payments received consisted of: • $130,834 – Measure A, County Sales Tax • $144,233 – Gas tax revenue • $176,705 – Surface Transportation Grant • $448,391 – Community Development Block Grant reimbursement • $11,556,883 – Successor Agency Repayment Obligation Payment Schedule July Revenues $230,176 million in General Fund revenue was collected in July bringing the total 2016/17 YTD collections to .57 percent. Total collections for all funds were $460,184, bringing total 2016/17 collections to .72 percent. The bulk of General Fund payments consisted of: • $34,985 – Plan Check Fees • $30,455 – Business Licenses • $15,446 – Public Works Permits The larger non-General Fund payments received consisted of: • $76,674 – SilverRock green fees and merchandise • $53,095 – Tenant rent and federal government assistance to the Housing 118 Authority • $31,262 – Developer Fees Expenditures Below is a summary of the column headers used on the Expenditure Summary Report All Funds: Original Total Budget – represents the expenditure budget adopted by Council in June 2015 for 2015/16 and in June 2016 for 2016/17. Current Total Budget – includes the original adopted expenditure budget plus any carryovers from the prior FY, and any Council approved budget amendments. The bulk of the carryovers are related to CIP matters. Each year total CIP projects are budgeted; however, project length can span over multiple years. Therefore, unfinished projects from the prior year are carried over (along with associated revenue reimbursements). Period Activity – represents actual expenditures made in the reporting month. Fiscal Activity – presents actual expenditures made YTD. For example, the June report shows expenditures made in the Period Activity column, but expenditures made during the fiscal year from July 2015 through the end of the reporting period are presented in the Fiscal Activity column. Variance Favorable/ (Unfavorable) – represents the difference between YTD expenditures and the budgeted amount (the amount yet to be expended). Percent Used – represents the percentage of budget spent to date. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are fairly consistent month to month. However, large debt service payments or CIP expenditures can cause swings. June Expenditures General Fund expenditures in June total $10.27 million bringing the total YTD expenditures to 83.5 percent. Of the $10.27 million, $927,599 is related to personnel costs (salaries, benefits, etc.). In addition to personnel costs, the other larger General Fund expenditures were: • $1,186,659 transferred out for capital improvement projects • $1,404,937 for fire service costs • $5,015,407 for contract police services (3/3/2016 to 6/30/2016) Total expenditures for all funds in June were $12.89 million bringing total expenditures to 64.8 percent ($68.9 million). The larger non-General Fund expenditures were: • $179,049 for burglary theft prevention programs • $291,064 for SilverRock resort contract golf management costs 119 • $103,663 for engineering services July Expenditures General Fund expenditures in July total $1.02 million bringing the total 2016/17 YTD expenditures to 2.49 percent. Of the $1.02 million, $767,871 is related to personnel costs (salaries, benefits, etc.). In addition to personnel costs, the other larger General Fund expenditures were: • $100,270 Costco sales tax reimbursement • $49,244 Coachella Valley Association of Governments membership • $28,575 Conserve landscape services Total expenditures for all funds were $2 million bringing total expenditures to 3.55 percent. The larger non-General Fund expenditures were: • $158,351 La Quinta park restroom • $242,874 Eisenhower pavement project • $43,156 Conserve landscape services for landscape district Summary All funds are generally on target or under budget with regard to expenditures. The timing imbalance of revenues receipts versus expenditures is funded from the City’s cash flow reserve. Prepared by: Karla Campos, Finance Director Approved by: Frank J. Spevacek, City Manager Attachments: 1. Revenue and Expenditure Reports for June 2016 2. Revenue and Expenditure Reports for July 2016 120 9/1/2016 7:56:42 PM Page 1 of 2 City of La Quinta, CA REVENUE SUMMARY REPORT ALL FUNDS JUNE 2016 For Fiscal: 2015/16 Period Ending: 06/30/2016 Fiscal AcƟvity Variance Favorable (Unfavorable) Period AcƟvityFund Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 38,463,508.686,541,407.5838611700.00 39,734,100.00 -1,270,591.32 96.80 % 201 - GAS TAX FUND 1,184,065.52465,933.621438700.00 1,438,700.00 -254,634.48 82.30 % 202 - LIBRARY FUND 1,121,743.450.002206000.00 2,206,000.00 -1,084,256.55 50.85 % 210 - FEDERAL ASSISTANCE FUND 454,001.98448,391.98145000.00 145,000.00 309,001.98 313.10 % 212 - SLESF (COPS) FUND 115,424.198,333.33100100.00 100,100.00 15,324.19 115.31 % 213 - JAG FUND 5,000.000.0012000.00 12,000.00 -7,000.00 41.67 % 215 - LIGHTING & LANDSCAPING FUND 1,392,305.12493,500.001452800.00 1,452,800.00 -60,494.88 95.84 % 218 - CV VIOLENT CRIME TASK FORCE 33,095.654,383.730.00 23,086.00 10,009.65 143.36 % 219 - ASSET FORFEITURE 47.470.000.00 0.00 47.47 0.00 % 220 - QUIMBY FUND 44,839.880.0087000.00 87,000.00 -42,160.12 51.54 % 221 - AB 939 3,806.920.002500.00 2,500.00 1,306.92 152.28 % 223 - MEASURE A 667,536.84130,831.17749500.00 749,500.00 -81,963.16 89.06 % 224 - TUMF 184.850.000.00 0.00 184.85 0.00 % 225 - INFRASTRUCTURE FUND 121.190.000.00 0.00 121.19 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 19,034,666.6311,556,912.230.00 0.00 19,034,666.63 0.00 % 235 - SO COAST AIR QUALITY FUND 50,103.8112,993.1045300.00 45,300.00 4,803.81 110.60 % 237 - SUCCESSOR AGCY PA 1 ADMIN 346,122.00125,000.000.00 0.00 346,122.00 0.00 % 241 - HOUSING AUTHORITY 350,864.3557,357.11245900.00 245,900.00 104,964.35 142.69 % 242 - HOUSING AUTHORITY PA2 630,635.5151,574.51620300.00 620,300.00 10,335.51 101.67 % 249 - SA 2011 LOW/MOD BOND FUND 1,543.58130.740.00 0.00 1,543.58 0.00 % 250 - TRANSPORTATION DIF FUND 464,267.935,684.00657700.00 657,700.00 -193,432.07 70.59 % 251 - PARKS & REC DIF FUND 217,088.004,096.00350000.00 350,000.00 -132,912.00 62.03 % 252 - CIVIC CENTER DIF FUND 109,006.751,884.00200000.00 200,000.00 -90,993.25 54.50 % 253 - LIBRARY DEVELOPMENT DIF 36,464.00688.0065000.00 65,000.00 -28,536.00 56.10 % 254 - COMMUNITY CENTER DIF 14,175.02258.0039700.00 39,700.00 -25,524.98 35.71 % 255 - STREET FACILITY DIF FUND 21,724.17232.0035000.00 35,000.00 -13,275.83 62.07 % 256 - PARK FACILITY DIF FUND 4,241.6280.007000.00 7,000.00 -2,758.38 60.59 % 257 - FIRE PROTECTION DIF 50,119.82866.0080000.00 80,000.00 -29,880.18 62.65 % 270 - ART IN PUBLIC PLACES FUND 43,323.78256.4398500.00 98,500.00 -55,176.22 43.98 % 299 - INTEREST ALLOCATION FUND 195,546.39109,713.200.00 0.00 195,546.39 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 675,509.290.000.00 671,000.00 4,509.29 100.67 % 401 - CAPITAL IMPROVEMENT PROGRAMS 7,456,103.311,188,041.0614697718.00 39,008,234.17 -31,552,130.86 19.11 % 501 - EQUIPMENT REPLACEMENT 575,495.5244,431.05533000.00 533,000.00 42,495.52 107.97 % 502 - INFORMATION TECHNOLOGY 526,466.3343,583.00758400.00 758,400.00 -231,933.67 69.42 % 503 - PARK EQUIP & FACILITY FND 559,750.4245,608.00548300.00 548,300.00 11,450.42 102.09 % 504 - INSURANCE FUND 809,700.0884,891.64608000.00 817,000.00 -7,299.92 99.11 % 601 - SILVERROCK RESORT 3,955,717.21194,298.103942500.00 3,942,500.00 13,217.21 100.34 % 602 - SILVERROCK GOLF RESERVE 1,883.460.0068500.00 68,500.00 -66,616.54 2.75 % Report Total: 68,406,118.00 94,742,120.17 21,621,359.58 79,616,200.72 -15,125,919.45 84.03 % 121 9/1/2016 8:12:56 PM Page 1 of 2 City of La Quinta, CA EXPENDITURE SUMMARY REPORT ALL FUNDS JUNE 2016For Fiscal: 2015/16 Period Ending: 06/30/2016 Fiscal AcƟvity Variance Favorable (Unfavorable) Period AcƟvityFund Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 36,994,345.4710,277,324.4942003900.00 44,257,590.27 7,263,244.80 83.59 % 201 - GAS TAX FUND 1,296,773.14129,340.181286200.00 1,323,100.00 26,326.86 98.01 % 202 - LIBRARY FUND 1,736,405.6172,074.401761400.00 2,697,659.37 961,253.76 64.37 % 210 - FEDERAL ASSISTANCE FUND 454,001.98454,001.980.00 422,706.00 -31,295.98 107.40 % 212 - SLESF (COPS) FUND 235,488.35235,488.350.00 0.00 -235,488.35 0.00 % 213 - JAG FUND 0.000.000.00 0.00 0.00 0.00 % 215 - LIGHTING & LANDSCAPING FUND 1,265,204.22165,358.711452800.00 1,452,800.00 187,595.78 87.09 % 218 - CV VIOLENT CRIME TASK FORCE 33,384.253,941.4755650.00 46,634.00 13,249.75 71.59 % 220 - QUIMBY FUND 305,730.07-252,117.553620000.00 4,408,248.14 4,102,518.07 6.94 % 221 - AB 939 16,750.060.0059500.00 59,500.00 42,749.94 28.15 % 223 - MEASURE A 647,310.6674,205.551105500.00 1,228,640.55 581,329.89 52.69 % 225 - INFRASTRUCTURE FUND 0.000.000.00 0.00 0.00 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 10,673,200.82-491,555.690.00 0.00 -10,673,200.82 0.00 % 235 - SO COAST AIR QUALITY FUND 29,619.177,795.860.00 0.00 -29,619.17 0.00 % 237 - SUCCESSOR AGCY PA 1 ADMIN 72,983.5010,603.500.00 0.00 -72,983.50 0.00 % 241 - HOUSING AUTHORITY 390,072.0332,869.36384000.00 384,000.00 -6,072.03 101.58 % 242 - HOUSING AUTHORITY PA2 530,203.8451,366.81621000.00 621,000.00 90,796.16 85.38 % 249 - SA 2011 LOW/MOD BOND FUND 0.000.000.00 0.00 0.00 0.00 % 250 - TRANSPORTATION DIF FUND 784,250.22254,296.761731400.00 3,111,776.26 2,327,526.04 25.20 % 251 - PARKS & REC DIF FUND 0.000.000.00 0.00 0.00 0.00 % 252 - CIVIC CENTER DIF FUND 47,312.580.000.00 0.00 -47,312.58 0.00 % 253 - LIBRARY DEVELOPMENT DIF 9,393.260.000.00 0.00 -9,393.26 0.00 % 254 - COMMUNITY CENTER DIF 0.000.000.00 0.00 0.00 0.00 % 255 - STREET FACILITY DIF FUND 12,749.890.000.00 0.00 -12,749.89 0.00 % 256 - PARK FACILITY DIF FUND 3,643.250.000.00 0.00 -3,643.25 0.00 % 257 - FIRE PROTECTION DIF 4,166.730.000.00 0.00 -4,166.73 0.00 % 270 - ART IN PUBLIC PLACES FUND 163,012.0050,665.00129000.00 329,000.00 165,988.00 49.55 % 299 - INTEREST ALLOCATION FUND 0.000.000.00 0.00 0.00 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 675,509.250.00678076.00 678,076.00 2,566.75 99.62 % 401 - CAPITAL IMPROVEMENT PROGRAMS 6,662,322.121,387,920.97190400.00 37,740,801.10 31,078,478.98 17.65 % 501 - EQUIPMENT REPLACEMENT 578,379.3220,231.40705700.00 898,065.00 319,685.68 64.40 % 502 - INFORMATION TECHNOLOGY 559,605.2284,037.63608300.00 753,600.00 193,994.78 74.26 % 503 - PARK EQUIP & FACILITY FND 40,129.610.00704500.00 704,500.00 664,370.39 5.70 % 504 - INSURANCE FUND 676,308.28684.08608000.00 817,000.00 140,691.72 82.78 % 601 - SILVERROCK RESORT 4,036,233.94325,184.274375100.00 4,375,100.00 338,866.06 92.25 % 602 - SILVERROCK GOLF RESERVE 0.000.000.00 0.00 0.00 0.00 % Report Total:12,893,717.53 68,934,488.8462,080,426.00 106,309,796.69 37,375,307.85 64.84 % 122 9/1/2016 7:02:13 PM Page 1 of 2 City of La Quinta, CA REVENUE SUMMARY REPORT ALL FUNDS JULY 2016 For Fiscal: 2016/17 Period Ending: 07/31/2016 Fiscal AcƟvity Variance Favorable (Unfavorable) Period AcƟvityFund Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 230,176.53230,176.5340408600.00 40,408,600.00 -40,178,423.47 0.57 % 201 - GAS TAX FUND 0.000.001299100.00 1,299,100.00 -1,299,100.00 0.00 % 202 - LIBRARY FUND 0.000.002250000.00 2,250,000.00 -2,250,000.00 0.00 % 210 - FEDERAL ASSISTANCE FUND 0.000.00125800.00 125,800.00 -125,800.00 0.00 % 212 - SLESF (COPS) FUND 0.000.00100100.00 100,100.00 -100,100.00 0.00 % 213 - JAG FUND 0.000.009000.00 9,000.00 -9,000.00 0.00 % 215 - LIGHTING & LANDSCAPING FUND 0.000.001447400.00 1,447,400.00 -1,447,400.00 0.00 % 218 - CV VIOLENT CRIME TASK FORCE 0.000.0022600.00 22,600.00 -22,600.00 0.00 % 219 - ASSET FORFEITURE 0.000.000.00 0.00 0.00 0.00 % 220 - QUIMBY FUND 0.000.0087000.00 87,000.00 -87,000.00 0.00 % 221 - AB 939 0.000.0052500.00 52,500.00 -52,500.00 0.00 % 223 - MEASURE A 0.000.00752500.00 752,500.00 -752,500.00 0.00 % 224 - TUMF 0.000.000.00 0.00 0.00 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 28.2928.290.00 0.00 28.29 0.00 % 235 - SO COAST AIR QUALITY FUND 0.000.0045300.00 45,300.00 -45,300.00 0.00 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0.000.000.00 0.00 0.00 0.00 % 241 - HOUSING AUTHORITY 25,467.6925,467.69889600.00 889,600.00 -864,132.31 2.86 % 242 - HOUSING AUTHORITY PA2 53,095.3953,095.390.00 0.00 53,095.39 0.00 % 249 - SA 2011 LOW/MOD BOND FUND 126.53126.530.00 0.00 126.53 0.00 % 250 - TRANSPORTATION DIF FUND 31,262.0031,262.00669000.00 669,000.00 -637,738.00 4.67 % 251 - PARKS & REC DIF FUND 22,528.0022,528.00350000.00 350,000.00 -327,472.00 6.44 % 252 - CIVIC CENTER DIF FUND 10,362.0010,362.00200000.00 200,000.00 -189,638.00 5.18 % 253 - LIBRARY DEVELOPMENT DIF 3,784.003,784.0065000.00 65,000.00 -61,216.00 5.82 % 254 - COMMUNITY CENTER DIF 1,419.001,419.0035600.00 35,600.00 -34,181.00 3.99 % 255 - STREET FACILITY DIF FUND 1,276.001,276.0035000.00 35,000.00 -33,724.00 3.65 % 256 - PARK FACILITY DIF FUND 440.00440.007000.00 7,000.00 -6,560.00 6.29 % 257 - FIRE PROTECTION DIF 4,763.004,763.0080000.00 80,000.00 -75,237.00 5.95 % 270 - ART IN PUBLIC PLACES FUND 2,757.022,757.0298500.00 98,500.00 -95,742.98 2.80 % 299 - INTEREST ALLOCATION FUND 24.2524.250.00 0.00 24.25 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 0.000.00678100.00 678,100.00 -678,100.00 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 0.000.007327300.00 7,327,300.00 -7,327,300.00 0.00 % 501 - EQUIPMENT REPLACEMENT 0.000.00456100.00 456,100.00 -456,100.00 0.00 % 502 - INFORMATION TECHNOLOGY 0.000.00849800.00 849,800.00 -849,800.00 0.00 % 503 - PARK EQUIP & FACILITY FND 0.000.00534700.00 534,700.00 -534,700.00 0.00 % 504 - INSURANCE FUND 0.000.00648300.00 648,300.00 -648,300.00 0.00 % 601 - SILVERROCK RESORT 72,674.8672,674.864034800.00 4,034,800.00 -3,962,125.14 1.80 % 602 - SILVERROCK GOLF RESERVE 0.000.0061400.00 61,400.00 -61,400.00 0.00 % Report Total:460,184.56 460,184.5663,620,100.00 63,620,100.00 -63,159,915.44 0.72 % 123 9/1/2016 6:53:14 PM Page 1 of 2 City of La Quinta, CA EXPENDITURE SUMMARY REPORT ALL FUNDS JULY 2016 For Fiscal: 2016/17 Period Ending: 07/31/2016 Fiscal AcƟvity Variance Favorable (Unfavorable) Period AcƟvityFund Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 1,026,239.451,026,239.4541242100.00 41,242,100.00 40,215,860.55 2.49 % 201 - GAS TAX FUND 103,252.42103,252.421299200.00 1,299,200.00 1,195,947.58 7.95 % 202 - LIBRARY FUND 3,665.393,665.391717400.00 1,717,400.00 1,713,734.61 0.21 % 210 - FEDERAL ASSISTANCE FUND 0.000.0020200.00 20,200.00 20,200.00 0.00 % 212 - SLESF (COPS) FUND 0.000.000.00 0.00 0.00 0.00 % 213 - JAG FUND 0.000.000.00 0.00 0.00 0.00 % 215 - LIGHTING & LANDSCAPING FUND 61,902.0061,902.001467400.00 1,467,400.00 1,405,498.00 4.22 % 218 - CV VIOLENT CRIME TASK FORCE 848.96848.9646700.00 46,700.00 45,851.04 1.82 % 220 - QUIMBY FUND 0.000.00437300.00 437,300.00 437,300.00 0.00 % 221 - AB 939 0.000.0020000.00 20,000.00 20,000.00 0.00 % 223 - MEASURE A 0.000.00651000.00 651,000.00 651,000.00 0.00 % 231 - SUCCESSOR AGCY PA 1 RORF 0.000.000.00 0.00 0.00 0.00 % 235 - SO COAST AIR QUALITY FUND 0.000.0030000.00 30,000.00 30,000.00 0.00 % 237 - SUCCESSOR AGCY PA 1 ADMIN 3,300.003,300.000.00 0.00 -3,300.00 0.00 % 241 - HOUSING AUTHORITY 45,914.6445,914.64960200.00 960,200.00 914,285.36 4.78 % 242 - HOUSING AUTHORITY PA2 41,094.2141,094.210.00 0.00 -41,094.21 0.00 % 249 - SA 2011 LOW/MOD BOND FUND 0.000.000.00 0.00 0.00 0.00 % 250 - TRANSPORTATION DIF FUND 0.000.00675900.00 675,900.00 675,900.00 0.00 % 251 - PARKS & REC DIF FUND 0.000.000.00 0.00 0.00 0.00 % 252 - CIVIC CENTER DIF FUND 0.000.000.00 0.00 0.00 0.00 % 253 - LIBRARY DEVELOPMENT DIF 0.000.000.00 0.00 0.00 0.00 % 254 - COMMUNITY CENTER DIF 0.000.000.00 0.00 0.00 0.00 % 255 - STREET FACILITY DIF FUND 0.000.000.00 0.00 0.00 0.00 % 256 - PARK FACILITY DIF FUND 0.000.000.00 0.00 0.00 0.00 % 257 - FIRE PROTECTION DIF 0.000.000.00 0.00 0.00 0.00 % 270 - ART IN PUBLIC PLACES FUND 0.000.00129000.00 129,000.00 129,000.00 0.00 % 299 - INTEREST ALLOCATION FUND 0.000.000.00 0.00 0.00 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 0.000.00678100.00 678,100.00 678,100.00 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 412,864.27412,864.27190400.00 190,400.00 -222,464.27 216.84 % 501 - EQUIPMENT REPLACEMENT 1,520.781,520.78498900.00 498,900.00 497,379.22 0.30 % 502 - INFORMATION TECHNOLOGY 44,089.2644,089.26848800.00 848,800.00 804,710.74 5.19 % 503 - PARK EQUIP & FACILITY FND 6,399.546,399.54603700.00 603,700.00 597,300.46 1.06 % 504 - INSURANCE FUND 6,316.176,316.17649200.00 649,200.00 642,883.83 0.97 % 601 - SILVERROCK RESORT 244,859.93244,859.934262200.00 4,262,200.00 4,017,340.07 5.74 % 602 - SILVERROCK GOLF RESERVE 0.000.000.00 0.00 0.00 0.00 % Report Total:2,002,267.02 2,002,267.0256,427,700.00 56,427,700.00 54,425,432.98 3.55 % 124 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: ACCEPT THE EISENHOWER DRIVE PAVEMENT STABILIZATION IMPROVEMENT PROJECT RECOMMENDATION Accept the Eisenhower Drive Pavement Stabilization Improvement Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the County Recorder and authorize staff to release retention in the amount of $16,725, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY This project entailed injecting high density polyurethane material in the subsided pavement areas to stabilize the roadway bedding. The work is complete and Council acceptance will conclude the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for this project: Original Contract Amount $ 349,380 Contract Change Order No. 1 (Credit) $ (14,895) Final Contract Amount $ 334,485 Project Budget $ 400,000 Final Contract Amount ($ 334,485) Design, Professional, & Personnel Costs ($ 23,896 Inspection, Survey, Testing, Plans, & Other Construction Costs ($ 12,767) Anticipated Funds Remaining*$ 28,852 * All costs to date have been accounted for and no further costs are anticipated. There is adequate funding to close this project out with the final retention amount of $10,357 being paid from account number 401-0000-60188-151601-CT (Construction Costs). The anticipated savings ($28,852) will be allocated to fund balance under the Construction in Progress fund (401) and will be available to use for future Council approved CIP projects. CONSENT CALENDAR ITEM NO. 10 125 BACKGROUND/ANALYSIS On May 2, 2016, Council awarded a $349,380 contract to EagleLift, Inc., to construct the Eisenhower Drive Pavement Stabilization Improvements (Project No. 2015-01), which is located on Eisenhower Drive between Avenida Fernando and Coachella Drive (Attachment 1). On June 9, 2016, a Notice to Proceed was issued with a 14 working day contract completion time starting on July 11, 2016 and ending on July 28, 2016. The project was deemed substantially complete on July 21, 2016. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for a credit for additional traffic control, materials testing, and the grinding and overlay of the sunken asphalt area that was not raised to grade per the project specifications. Although the injection stabilization project significantly improved the street surface, it did not result in a completely smooth road surface in this one area. The credit will be applied to the current Pavement Management Program project (which will begin in the next few weeks) that will grind and overlay the pavement in this area. A contract quantity adjustment change order was not required for this project. The project construction effort is now 100 percent complete and is in compliance with the plans and specifications. Staff recommends acceptance of the project and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Since the project has been constructed and reviewed for conformance to the plans and specifications, staff does not recommend an alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 126 ATTACHMENT 1 127 128 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: ACCEPT THE LA QUINTA PARK RESTROOM PROJECT RECOMMENDATION Accept the La Quinta Park Restroom Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder and authorize staff to release retention in the amount of $10,357, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY  This project entailed installing a prefabricated restroom adjacent to the existing restrooms at La Quinta Park.  The work is complete and City Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for this project: Original Contract Amount $ 203,236 Contract Change Order No. 1 $ 3,900 Final Contract Amount $ 207,136 Project Budget $ 273,224 Final Contract Amount ($207,136) Design, Professional & Personnel Costs ($ 43,313) Inspection, Survey, Testing, Plans & Other Construction Costs ($ 7,762) Anticipated Funds Remaining*$ 15,013 * All costs to date have been accounted for and no further costs are anticipated. Adequate funding exists to close this project with the final retention amount of $10,357 being paid from account number 401-000-60188-131412-CT (Construction Costs). The anticipated savings of $15,013 will be allocated to fund balance under the Construction in Progress fund (401) and will be available for future CIP projects. 129 BACKGROUND/ANALYSIS On March 15, 2016, Council awarded a $203,236 contract to Three Peaks Corp to construct the La Quinta Park Restroom (Project No. 2013-12), which is located at the corner of Adams Street and Blackhawk Way (Attachment 1). On June 29, 2016, a Notice to Proceed was issued with a 90 working day contract completion time starting on July 5, 2016 and ending on November 8, 2016. The project was deemed substantially complete on August 5, 2016. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued to purchase and install an electrical transformer. No contract quantity adjustments were required, as all items were bid as “Lump Sum.” The project construction effort is 100 percent complete and is in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Since the project has been constructed and reviewed for conformance to the plans and specifications, staff does not recommend an alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 130 ATTACHMENT 1 LA QUINTA PARK RESTROOM ATTACHMENT 1 131 132 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE MADISON CLUB RESIDENITAL DEVELOPMENT (TRACT MAP NO. 33076-1) LOCATED SOUTH OF AVENUE 52, EAST OF MADISON STREET, AND WEST OF MONROE STREET RECOMMENDATION Accept the off-site improvements associated with Tract Map No. 33076-1, Madison Club; authorize staff to release the performance security; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY  The Madison Club residential development is located south of Avenue 52, east of Madison Street, and west of Monroe Street (Attachment 1).  East of Madison, LLC (Developer) has submitted cash payments to satisfy the obligations to design and construct the traffic signal at Madison Street and Avenue 52, and to design and construct a raised median at the Avenue 52 entry to prohibit left turn out movements when they are needed.  The Developer has completed all other obligations of the Subdivision Improvement Agreement, and has requested release of the performance, and labor and materials securities.  Staff has verified satisfactory completion of these improvements and recommends acceptance of the off-site improvements. FISCAL IMPACT The City will maintain the catch basins and median landscaping after the one-year warranty period. The maintenance cost for the catch basins is estimated to be $10,500 annually and for the median landscaping is estimated to be $23,000 annually. These costs will be incorporated in the Facilities Department operating budget. The Developer has submitted a cash payment of $215,000 to satisfy the obligation for 50 percent of the traffic signal at Madison Street and Avenue 52, and another cash payment of $59,642 for a raised median at the Avenue 52 entry to prohibit left turn movements out of the development. BACKGROUND/ANALYSIS The Developer of the Madison Club has satisfied requirements for all off-site improvements required by Tract Map No. 33076. The Developer has submitted cash payments to satisfy the obligation to design and construct the traffic signal at Madison Street and Avenue 52 when warrants are met as well as the obligation to design and construct a raised median 133 at the Avenue 52 entry to prohibit left turn out movements at a future date. The constructed improvements include pavement, curb and gutter, curb ramps, sidewalk, signing and striping, storm drain, catch basins, water and sewer improvements, landscaping, and survey monumentation. Collectively, these improvements are valued at $3,733,575. Staff inspected the improvements and verified they meet City-approved plans and standards. ALTERNATIVES Acceptance of these improvements is a ministerial action necessary for release of improvement securities. Since improvements have been inspected and meet City standards, staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 134 V I C I N I T Y M A P NOT TO SCALE TM 33076-1 THE MADISON CLUB ATTACHMENT 1 135 136 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION APPROVING FINAL PARCEL MAP NO. 36799 WITHIN THE TRADITION RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF AVENUE 52 AND EAST OF AVENIDA BERMUDAS RECOMMENDATION Adopt a resolution approving Final Parcel Map 36799 located within the Tradition development. EXECUTIVE SUMMARY The owner/developer of a vacant residential lot on Talking Rock Turn within the Tradition is subdividing the property into two lots. All conditions of approval for Tentative Parcel Map 36799 have been completed and the owner has requested approval of the Final Parcel Map. Approving the Final Map is a ministerial action that is required after the conditions of approval have been satisfied. FISCAL IMPACT No off-site improvements were required with this Final Map. BACKGROUND/ANALYSIS The project is located within the Tradition residential development, south of Avenue 52 and east of Avenida Bermudas (Attachment 1). The owner is James Kelly. The property previously was merged in 2000. The Community Development Director approved Tentative Parcel Map 36799 to subdivide the property on December 17, 2014 (Attachment 2). The owner has satisfied all conditions and therefore requests approval of the Final Map. The Final Parcel Map has passed technical review by the City Surveyor and has been signed by the property owners. ALTERNATIVES This approval is a ministerial action that is required after the developer satisfactorily completes all conditions of approval; staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Parcel Map 36799 137 138 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 36799 WHEREAS, the Community Development Director, at the Director’s Hearing on December 17, 2014 approved Tentative Parcel Map 36799, subject to conditions of approval; and WHEREAS, the developer has completed the conditions of approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council does hereby grant approval of Final Parcel Map 36799, as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of September 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) 139 Resolution No. 2016- Parcel Map 36799 Adopted: September 20, 2016 Page 2 APPROVED AS TO FORM: _________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 140 V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1 tract map no. 36799 141 142 143 144 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO AUTHORIZE SUBMITTAL OF AN APPLICATION FOR THE STATE HOMELAND SECURITY GRANT PROGRAM OFFERED BY THE DEPARTMENT OF HOMELAND SECURITY RECOMMENDATION Adopt a Resolution to authorize submittal of an application for the State Homeland Security Grant Program offered by the Department of Homeland Security and designate the City Manager or his designee as authorized agent. EXECUTIVE SUMMARY • The Department of Homeland Security (DHS) offers the Homeland Security Grant Program (SHSP) grant annually to local governments and is administered by the California Office of Emergency Services (Cal OES) through counties. • It is a requirement that the applicant’s governing body authorize, by resolution, its approval for submittal of grant applications, and designate an individual to execute all grant documents for the City. • By adopting this resolution, staff will be authorized to apply and secure SHSP grant funding to expand the City’s Emergency Management program. FISCAL IMPACT The City could receive upwards of $5,000 from the SHSP if this item is approved. If the funds are awarded, the City will amend the budget to account for the new grant revenue. BACKGROUND/ANALYSIS Annually, the City seeks funds to improve their response to natural disasters and emergency services. This grant usually ranges from $2,000 to $10,000. In the past, the City has been awarded the SHSP Grant and the funds were used to address planning, equipment and preparedness training exercises to prevent, respond and recover from acts of terrorism and other catastrophic events. This grant would be used for preparedness training, equipment and Community Emergency Response Team (CERT) classes and community outreach. 145 The grant application deadline is October 5, 2016 and notification is announced approximately 120 days after submittal. ALTERNATIVES As this action is a requirement to qualify for grant funds, staff does not recommend an alternative. Prepared by: Zander Johnston, Emergency Service Coordinator Approved by: Chris Escobedo, Community Resources Director 146 RESOLUTION NO. 2016 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING APPLICATION AND DESIGNATING THE CITY MANAGER OR HIS/HER DESIGNEE AS AUTHORIZED AGENT FOR THE STATE HOMELAND SECURITY GRANT PROGRAM OFFERED BY THE DEPARTMENT OF HOMELAND SECURITY AND ADMINISTERED BY THE CALIFORNIA OFFICE OF EMERGENCY SERVICES WHEREAS, the Department of Homeland Security (DHS) annually offer the State Homeland Security Grant Program (SHSP) to local governments administered by the California Office of Emergency Services (Cal OES) through all counties; and WHEREAS, the Riverside County Emergency Management Department (EMD) has requested that all jurisdictions apply for State Homeland Security Grant Program assistance to further the State of California's (State) efforts to prepare for natural and man-made disasters and terrorism related impacts to our communities; and WHEREAS, in furtherance of this authority Cal OES is required to establish procedures governing the application, awarding, and management of the grant; and WHEREAS, Grant Application procedures require an Applicant's governing body to authorize by resolution its approval for submittal of the Grant Application, and the designation by job title of the individual authorized to execute all Grant documents on behalf of the City of La Quinta (City); and WHEREAS, if awarded, the City will enter into a Grant Agreement with Riverside County and Cal OES for implementation of said Grant(s). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Authorizes the submittal of application(s) to Riverside County EMD for SHSP grants for which the City is eligible. SECTION 2. The City Manager or City Manager’s Designee as Applicant Agent is hereby authorized and empowered to execute in the name of the City of La Quinta all documents related to this grant, including but not limited to, 147 applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 148     149 150 77-899 WOLF RD. PH. (760) 777-9131 FAX (760) 777-9132 PALM DESERT, CA LIC# 2754, EXP 04/30/18 92211 H ERMANN D ESIGN G ROUP SUITE 102 151 152 S T O P 7 7 - 8 9 9 W O L F R D . P H . ( 7 6 0 ) 7 7 7 - 9 1 3 1 F A X ( 7 6 0 ) 7 7 7 - 9 1 3 2 P A L M D E S E R T , C A L I C # 2 7 5 4 , E X P 0 4 / 3 0 / 1 8 9 2 2 1 1 H E R M A N N D E S I G N G R O U P S U I T E 1 0 2 1 5 3 154 7 7 - 8 9 9 W O L F R D . P H . ( 7 6 0 ) 7 7 7 - 9 1 3 1 F A X ( 7 6 0 ) 7 7 7 - 9 1 3 2 P A L M D E S E R T , C A L I C # 2 7 5 4 , E X P 0 4 / 3 0 / 1 8 9 2 2 1 1 H E R M A N N D E S I G N G R O U P S U I T E 1 0 2 1 5 5 156 7 7 - 8 9 9 W O L F R D . P H . ( 7 6 0 ) 7 7 7 - 9 1 3 1 F A X ( 7 6 0 ) 7 7 7 - 9 1 3 2 P A L M D E S E R T , C A L I C # 2 7 5 4 , E X P 0 4 / 3 0 / 1 8 9 2 2 1 1 H E R M A N N D E S I G N G R O U P S U I T E 1 0 2 1 5 7 158 7 7 - 8 9 9 W O L F R D . P H . ( 7 6 0 ) 7 7 7 - 9 1 3 1 F A X ( 7 6 0 ) 7 7 7 - 9 1 3 2 P A L M D E S E R T , C A L I C # 2 7 5 4 , E X P 0 4 / 3 0 / 1 8 9 2 2 1 1 H E R M A N N D E S I G N G R O U P S U I T E 1 0 2 1 5 9 160 A B C S T O P AA A BBB B B B B C C C C C BABB B B B A C C C 7 7 - 8 9 9 W O L F R D . P H . ( 7 6 0 ) 7 7 7 - 9 1 3 1 F A X ( 7 6 0 ) 7 7 7 - 9 1 3 2 P A L M D E S E R T , C A L I C # 2 7 5 4 , E X P 0 4 / 3 0 / 1 8 9 2 2 1 1 H E R M A N N D E S I G N G R O U P S U I T E 1 0 2 1 6 1 162 7 7 - 8 9 9 W O L F R D . P H . ( 7 6 0 ) 7 7 7 - 9 1 3 1 F A X ( 7 6 0 ) 7 7 7 - 9 1 3 2 P A L M D E S E R T , C A L I C # 2 7 5 4 , E X P 0 4 / 3 0 / 1 8 9 2 2 1 1 H E R M A N N D E S I G N G R O U P S U I T E 1 0 2 ····· 1 6 3 1 6 4 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: APPOINT ONE COUNCIL MEMBER TO SERVE ON AN AD-HOC COMMITTEE TO REVIEW PUBLIC SAFETY ENHANCEMENT THROUGH DIGITAL MONITORING RECOMMEDATION Appoint one Council Member to serve on an Ad-Hoc Committee to review public safety enhancement. EXECUTIVE SUMMARY The City Council directed staff to form an Ad-Hoc Committee to explore the use of monitoring devises to enhance public safety. Staff recommends a Project Action Team (PAT) and an Ad-Hoc Committee be formed to assist in this endeavor. FISCAL IMPACT - None BACKGROUND/ANALYSIS At the August 2, 2016 council meeting, Council Member Radi proposed formation of an Ad-Hoc Committee to assess potential use of digital monitoring devices, such as cameras, to enhance public safety monitoring, and as a crime deterrent. The Council provided direction to proceed. An Ad-Hoc Committee will be established to study the use of cameras in public safety, assess costs associated with a monitoring program and to provide a recommendation to Council. The committee will include representatives from the Design and Development, Finance, Community Resources and La Quinta Police Divisions. Based upon the August 2 Council discussion, the Council indicated a desire to have Council Member Radi sit on the Ad-Hoc Committee. The requested action would confirm this intent. ALTERNATIVES Council could consider appointing another member to join the Ad-Hoc Committee. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Director of Community Resources BUSINESS SESSION ITEM NO. 1 165 166 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: INTRODUCE ORDINANCE NO. 546 FOR FIRST READING AMENDING MUNICIPAL CODE CHAPTERS 2.06 AND 2.29 RELATING TO THE PLANNING COMMISSION MEMBERSHIP, ELIMINATING THE ARCHITECTURAL AND LANDSCAPING REVIEW BOARD BY DELETING CHAPTER 2.30; ELIMINATE POLICY TO APPOINT ALTERNATES TO BOARDS/COMMISSIONS AND REMOVE EXISTING ALTERNATE MEMBERS RECOMMENDATION 1. Move to take up Ordinance No. 546 by title and number only and waive further reading. 2. Move to introduce Ordinance No. 546 on first reading. 3. Move to eliminate the policy to appoint alternates to boards/commissions and remove existing alternate members. EXECUTIVE SUMMARY • At the July 19, 2016 meeting, Council directed staff to prepare amendments to certain Municipal Code (Code) Chapters to eliminate the Architectural and Landscaping Review Board (ALRB) and revise the membership number and qualifications of the Planning Commission (Commission). • In January 2015 the Council established one or two alternates for each board/commission to fill unscheduled vacancies. This has proved unnecessary and ineffective due to insufficient applications. FISCAL IMPACT Eliminating the three-member ALRB will result in an annual savings of $1,125 (the three members receive $75 per meeting with an average of five meetings per year). Increasing the Commission by two members will cost an estimated $2,400 (Commission members receive $100 per meeting with an average of twelve meetings per year). The net annual budget increase is approximately $1,275; however, this will be offset by reducing the multiple employees’ hours spent servicing the ALRB. Those hours would be redirected to processing permit applications. The 2016/17 ALRB and Commission members’ budget is $11,400 (101-6001-50110, Commissions and Boards); expenses as of September 1, 2016 were $1,240. This budget will be evaluated at mid-year to determine if an adjustment is needed. 167 BACKGROUND/ANALYSIS In recent years, there has been a decline in applications to serve on certain city boards/commissions. One of the three ALRB seats is vacant and no applications were received over the past year. Design review is one of the ALRB’s duties and at times, advisory bodies with members experienced in design disciplines have been established to provide recommendations to the Commission. In 1989, the Council created the seven-member Design Review Board to advise the Commission (as recommended by Commissioners at the time). It was disbanded in 1994 to streamline the development review process and reduce staff workload. Commission membership was then increased from five to seven members. In 1998, the Council created the three-member ALRB and decreased the Commission membership from seven to five. This was done to reduce the amount of time the Commission spent on design-related matters, and to have professionals with design experience review development projects in an informal setting. Due to a reduction in development projects, vacancies on the ALRB, and the City’s goal to streamline processes, the Council assessed the need for the ALRB and concluded that an expanded Commission could handle its tasks (this occurred as part of the development code tune-up effort). Staff estimates that development-processing time will be reduced by up to four weeks. To maintain having design professionals involved in project review, the recommended Code amendment would add two members to the Commission; these members would be required to have a strong background in architecture or landscape architecture. Fortunately, the current ALRB members have this background and could be appointed to the Commission. Exhibits A through C of the attached Ordinance are redlined to show all proposed additions and deletions to the current Code Chapters. The Council established alternate positions by motion of the City Council on January 6, 2015. The intent was to identify candidates to fill mid-term vacancies without the delay caused by soliciting applications and scheduling Council interviews and appointments. In practice, alternate positions have remained vacant for most boards/commissions due to a shortage of applicants to fill both vacant board/commission seats and alternate seats. At the July 19, 2016 meeting, Council directed staff to schedule Council consideration to eliminate alternate positions. ALTERNATIVES Provide alternate direction to staff. Prepared by: Susan Maysels, City Clerk Approved by: Frank J. Spevacek, City Manager 168 ORDINANCE NO. 546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTERS 2.06 AND 2.29 RELATING TO THE PLANNING COMMISSION MEMBERSHIP, AND ELIMINATING THE ARCHITECTURAL AND LANDSCAPING REVIEW BOARD BY DELETING CHAPTER 2.30 WHEREAS, Chapter 2.06 of the La Quinta Municipal Code (“Code”) sets forth the general rules relating to all boards, commissions and committees of the City of La Quinta (“City”); and WHEREAS, it is necessary from time to time for the City Council to expand or retract the powers and duties of various boards, commissions and/or committees either temporarily or permanently and this is acknowledged by the amendment herein to Section 2.06.070 of the Code; and WHEREAS, Chapter 2.29 of the Code sets forth the specific rules relating to the composition, powers and duties of the Planning Commission (“Commission”); and WHEREAS, Chapter 2.30 of the Code sets forth the specific rules relating to the composition, duties and qualifications of the Architectural and Landscaping Review Board (“ALRB”); and WHEREAS, the City finds that it would be beneficial to project and permit applicants, as well as the operations of the City, to streamline the review process by eliminating the ALRB; and WHEREAS, the elimination of the ALRB warrants certain changes to the makeup of the Commission, and qualification of Commissioners in order to absorb duties formally assigned to the ALRB; and WHEREAS, the City finds that enlarging the Commission from five to seven members is warranted, and in addition, requiring two of those members to have expertise in architecture or landscape architecture. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 2.06.040 of the Code entitled QUALIFICATIONS, item (C) is amended as stated in Exhibit A attached hereto. SECTION 2. Section 2.06.070 of the Code entitled PURPOSE, POWERS AND DUTIES, item (A) is amended as stated in Exhibit A attached hereto. 169 SECTION 3. Chapter 2.29 entitled PLANNING COMMISSION is amended as stated in Exhibit B attached hereto. SECTION 4. Chapter 2.30 entitled ARCHITECTURAL AND LANDSCAPING REVIEW BOARD is hereby deleted in its entirety. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the repository of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ___ day of October 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) 170 APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 171 EXHIBIT A Chapter 2.06 BOARDS, COMMISSIONS AND COMMITTEES 2.06.010 Definitions. A. “Board” means a group of council-appointed persons who provide advice on city issues. B. “Commission” means a group of council-appointed persons having limited legislative powers to make decisions or recommendations to the council on city issues. C. “Committee” means a temporary group of persons chosen by the council to give special consideration, investigation, and prepare a report on a pending city issue. 2.06.020 Appointments, number of members. A. The city council shall appoint members to all boards and commissions with the exception of the housing commission, whose members shall be appointed by the La Quinta housing authority. B. From time to time, the city council may establish a committee(s), or committee(s) may be established by boards and commissions authorized to do so. The establishing body shall determine the number of committee members needed to best perform the duties of that committee and the establishing body shall make appointments pursuant to this section. C. The city council shall make appointments to vacancies at open session of a regular or special city council meeting. The housing authority shall make appointments to housing commission vacancies at open session of a regular or special housing authority meeting. D. The order of appointments shall be taken up by the city council based on a random drawing publically conducted by the city clerk. E. Applicants may apply for appointment to more than one board or commission but order of preference shall not be noted and shall not be considered by the city council. F. The number of members on each board and commission shall be set by the city council, or in the case of committees, by the establishing body. Refer to the related municipal code chapter for details regarding a specific board or commission. 2.06.030 Term and term rotation. A. Unless otherwise provided by law, ordinance or resolution, or unless by the very nature of a situation, the provisions of this section may not be made applicable, all members of boards and commissions shall be appointed for three-year terms commencing on July 1st of the year of appointment. B. All members of a committee shall be appointed to terms and have term rotations set by the city council, or the establishing body. 172 C. Interim vacancies shall be filled by appointment for the unexpired term of the member replaced. D. These rules shall not apply to a newly established board or commission to which initial appointments are made on a staggered-term basis. E. After serving two consecutive three-year terms, or a total of six consecutive years, on a specific board or commission, that member shall rotate out of that board or commission and shall not be considered for reappointment to that specific board or commission until one year has elapsed. F. Any board or commission member who has been or will be rotated out of one board or commission, may apply for appointment to any other board or commission immediately, or anytime thereafter. G. An exception to the restriction on sequential reappointment to a board or commission after having served for six consecutive years shall be granted for positions requiring specific expertise, characteristics, or professional certifications as set by the city council in past or future actions. H. Any term for a board, commission or committee may be extended by action of the city council. Any term for the housing commission may be extended by action of the housing authority. 2.06.040 Qualifications. A. Unless otherwise provided by law, ordinance, or resolution of the city council, all members of boards and commissions of the city shall serve on only one board or commission at any given time in order to avoid simultaneous memberships. B. All members of boards and commissions appointed by the city council or the housing authority shall initially, and during their term(s), be bona fide residents and registered voters of the city. C. Exceptions to the resident requirement shall be granted for certain historic preservation planning commission positions (see Chapter 2.2935) and certain architectural and landscaping review board positions (see Chapter 2.30). D. Some boards, commissions and committees require specific qualifications of its members in order to perform the duties prescribed. If a member ceases to meet the required qualifications, s/he or she shall be disqualified from being a member of that board, commission or committee and a qualified applicant shall be appointed to fill the remainder of the unexpired portion of his or her term. (Refer to the municipal code section for each board, commission or committee for details on qualifications required.) E. No member of a city board or commission shall be an employee of the city. F. If a member of any board, commission or committee is convicted of a felony or a crime involving moral turpitude, his/her office shall become vacant, and shall be so declared by the city council or housing authority. 173 2.06.050 Meetings, organization, quorum and rules of procedure. A. Unless otherwise provided by law, ordinance or resolution of the city council, each board, commission and committee shall meet once each month or as needed on the date(s) selected by the board, commission or committee. B. Special meetings may be called by the chairperson or a majority of the board, commission or committee in accordance with state law. C. Unless otherwise provided by law, ordinance or resolution of the city council, a quorum for each board, commission or committee shall be the majority of existing, appointed members. D. Each board, commission and committee shall follow such rules and regulation established by the city council for the conduct of its business. E. Unless otherwise provided by law, ordinance or resolution of the city council, each board, commission and committee shall choose one of its members as chairperson and one as vice chairperson at its first meeting held after June 30th of each year. F. Each chairperson and vice chairperson shall have authority and perform such duties as are commonly associated with their respective titles, or as may be specially prescribed by law or by the bylaws or other rules of the board, commission or committee. G. Vacancies in either the chairperson or vice chairperson position occurring prior to July 1st may be filled as in the first instance, and a new chairperson or vice chairperson may be chosen at any time by majority vote of all members of the board, commission or committee. 2.06.060 Compensation. Compensation for boards or commissions or committees shall be as set by ordinance or resolution of the city council. 2.06.070 Purpose, powers and duties. A. The purpose, powers and duties of all boards and commissions are determined by the city council and set forth in the municipal code section specific to each board and commission. From time to time, the city council may expand or retract powers and duties either temporarily or permanently and may, by ordinance or resolution, amend any chapter or section of this code. B. The purpose, powers, and duties of all standing and temporary committees shall be set by the city council or the city-authorized creating entity. 174 2.06.080 Compliance with the Political Reform Act. On an annual basis, in conjunction with the Political Reform Act disclosure statutes and the city of La Quinta’s Conflict of Interest Code, or at any time if a change in circumstances warrants, each board, commission and committee member will provide the city council with a disclosure statement, which identifies any matters that have a bearing on the appropriateness of that member’s service. Such matters may include, but are not limited to, changes in employment, changes in residence or changes in clients. 2.06.090 Removal from office, limitation on absences. A. Any member of a board, commission or committee may be removed from office at any time, with or without cause, by a majority vote of the city council or in the case of the housing commission, by a majority vote of the housing authority. B. If any member of a board, commission or committee absents him or herself from two consecutive regular meetings, or absents him or herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. C. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the- fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above-stated limitations on absences. 2.06.100 Staff support and recordkeeping. A. All departments of the city, through the office of the city manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the boards, commissions and committees in the performance of designated duties. B. The city manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff and clerical help to all boards, commissions and committees. C. The staff and clerical help assigned by the city manager shall maintain accurate and permanent records of the acts of each board, commission and committee. D. All boards, commissions and committees shall supply to the city council and/or housing authority, on request, such information relating to its activities as are public records. 175 EXHIBIT B Chapter 2.29 PLANNING COMMISSION 2.29.010 General rules regarding the planning commission. Except as set out below, see Chapter 2.06 for general provisions. 2.29.020 Number of members. The planning commission shall consist of sevenfive members appointed by, and serving at the will of the city council. 2.30.030 Qualifications of members. A. In addition to the qualification requirements set forth in Section 2.06.040, it is required that two members (“professional member”) have a strong background in architecture or landscape architecture. C. The city council may appoint nonresidents as professional members when, in the judgment of the city council, there is a lack of applications from qualified city residents. 2.29.0340 Powers and duties. Pursuant to Section 65100 et seq., of the California Planning and Zoning Law, there is established for the city a planning agency, consisting of a planning department, a planning commission, and the city council acting in combination. The planning commission shall have the powers, functions and duties prescribed in the Planning and Zoning Law, and in the La Quinta zoning ordinance and in this code and other local ordinances; provided, that it shall not exercise any direct contracting authority as specified in Section 65007 of the Planning and Zoning Law. 2.29.0450 Committees. The planning commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. 176 EXHIBIT C Chapter 2.30 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD 2.30.010 General rules regarding the architectural and landscaping review board. Except as set out below, see Chapter 2.06 for general provisions. (Ord. 516 § 2, 2013) 2.30.020 Number of members. The architectural and landscaping review board (ALRB) shall consist of three members appointed by, and serving at the will of the city council. (Ord. 516 § 2, 2013) 2.30.030 Qualifications of members. A. In addition to the qualification requirements set forth in Section 2.06.040, it is preferred, although not required, that two members of the ALRB have expertise in the areas of architecture, landscape architecture or planning. B. It is required that the third member (“professional member”) have a strong background in architecture or landscape architecture. C. The city council may appoint nonresidents as professional members when, in the judgment of the city council, there is a lack of applications from qualified city residents. (Ord. 516 § 2, 2013) 2.30.040 Powers and duties. A. The ALRB shall meet only one time on a given project. B. The ALRB, upon determination of the planning director, shall consider a structure or landscape design and make recommendations as to design issues to be included in the staff report to the planning commission. C. The recommendations of the ALRB shall be advisory only and not binding on the planning commission. D. The ALRB, upon the determination of the planning director, shall consider commercial property improvement program applications. (Ord. 516 § 2, 2013) 2.30.050 Meetings. The ALRB shall meet as needed, as determined by the planning director. (Ord. 516 § 2, 2013) 177 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. ___ which was introduced at a regular meeting on the ___ day of September 2016, and was adopted at a regular meeting held on the ___ day of October 2016, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California 178 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT FOR LEASE/REPLACEMENT OF THIRTEEN MOTORPOOL VEHICLES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT RECOMMENDATION Approve an agreement with Enterprise Fleet Management for a City motor pool lease program and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY  The City operates 39 motor pool vehicles and 30 vehicles are over 10 years old.  Staff researched purchasing replacement vehicles and estimates that buying 4 vehicles per year will cost $104,000 per year.  Staff then explored leasing options, and found that leasing 13 vehicles for 5 years will cost approximately $96,000 per year; the lease option includes full vehicle maintenance (less brakes/tires).  Six leasing companies were contacted and Enterprise Fleet Management (Enterprise) was the only responsive company; their lease program accommodates the small City fleet size and includes fleet management. FISCAL IMPACT Leasing cost for six months of 2016/17 is estimated at $48,000 for 13 vehicles (the leased vehicles would not be in place until December 2016). Funds are available in the Equipment Replacement Fund from the depreciation ($35,900, 501-0000-71113) and the repair/fuel savings ($16,800, 501-0000-60676) accounts. The leasing cost to replace 30 vehicles is projected to not exceed $213,620 annually. Internal service allocations are budgeted annually from City departments. This is the current cost City departments are charged to cover the maintenance and replacement of pool vehicles. This annual projected expense will be phased in over a four-year period depending on vehicle need. The need for additional leased vehicles will be brought to City Council for approval. 179 BACKGROUND/ANALYSIS The City has 39 motor pool vehicles, 30 are over ten years old and in fair to poor condition due to deferred replacement since 2012. The average cost for maintenance (not including fuel) per vehicle is $110 per month. Staff assessed purchasing replacement motor pool vehicles and determined that the purchase of 30 vehicles over the next three years would cost approximately $780,000. Staff researched leasing options which would allow the City to establish a five year vehicle replacement plan and replace more aged vehicles with less upfront capital. Leasing companies contacted include; Ford, the Chevrolet Dealer in La Quinta, Hertz, ARI, Emkay Fleet Solutions, and Enterprise. Enterprise was the only responsive company with a lease program for the City’s small fleet size. Under the Enterprise program, each vehicle has an open-ended lease with no mileage restrictions, abnormal wear clause, or early termination cost. The City will hold the right to ownership and establish a long term vehicle operations and replacement program without fluctuating annual expenses. Other southern California cities participating in this program include: the Cities of Westminster, Garden Grove, Santa Ana and Corona. A plan to “right size” the fleet and provide the appropriate vehicle for each user’s needs was developed. The plan replaces 13 vehicles the first year, 13 vehicles the second year, and four vehicles the third year. Once fully implemented, the ten year lease operation costs are projected to not exceed $213,620 annually (Attachment 1) compared to the 2015/16 cost of $215,408. Enterprise’s fleet management program provides a dedicated fleet manager who will continually review the fleet, provide annual registration for each vehicle, manage routine maintenance, assess vehicle use and value to maintain efficiency, and recommend replacement based on cost metrics. Each open-ended lease provides flexibility for exchanging, adding, or removing vehicles from the fleet. Enterprise Fleet Management software allows complete transparency and will provide staff with the ability to manage all fleet vehicles. The Enterprise smartphone app for drivers also provides roadside assistance, fuel and repair locations, accident reporting, and mileage tracking. ALTERNATIVES Purchase replacement vehicles for an average price of $26,000 per vehicle, which would exceed the cost to lease 13 vehicles. Prepared by: Steve Howlett, Facilities Director Approved by: Frank J. Spevacek, City Manager Attachment: 1. 10 Year Budget Forecast 180 $0.00 $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 FY15/16 FY16/17 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 Bu d g e t Fiscal Year 10 Year Budget Forecast Current Cost Fleet Budget Purchse Lease Fuel Maintenance 181 182 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING ORDINANCE NO. 547 AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE AND THE OFFICIAL ZONING MAP RELATED TO THE ZONING AND GENERAL PLAN TEXT AND MAP CONSISTENCY RECOMMENDATION A. Move to take up Ordinance No. 547 by title and number only and waive further reading. B. Move to introduce at first reading, Ordinance No. 547 amending Title 9 of the Municipal Code. C. Make a finding, included in Ordinance No. 547, that adopting these ordinances is exempt under the California Environmental Quality Act pursuant to Section 15061 (B)(3) Review of Exemptions – General Rule. EXECUTIVE SUMMARY  The City Council adopted General Plan 2035 on February 19, 2013.  Zoning Code and Zoning Map amendments are necessary to implement the Goals, Policies, and Programs of the General Plan 2035.  The proposed amendments further City goals to streamline the development review process and provide increased flexibility. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The Council adopted General Plan 2035 and Environmental Impact Report on February 29, 2013. General Plan 2035 amended the General Plan Map by consolidating nineteen of the previous land use designations into nine. Amendments to the Zoning Code text and Zoning Map (ZOA 2016-0004) are required to implement General Plan 2035. Staff conducted a Zoning Code and Map consistency analysis and prepared a series of Zoning Code text and map amendments; these amendments were considered and approved by the Planning Commission. As part of this process, staff identified Zoning Code changes that clarify the zoning standards. PUBLIC HEARING ITEM NO. 1 183 Village Commercial District One of the recommended amendments modifies the Village Commercial district standards, Chapter 9.65, as follows:  Eliminates the requirement to prepare a specific plan for development proposals on properties one-half acre in size or greater.  Eliminates the Village Use Permit requirement for development proposals; the entitlement process required for all other zoning districts will apply.  All development standards will be consolidated in Table 9-6 in Chapter 9.90 Nonresidential Development Standards. These modifications will streamline the development review process by allowing administrative approval of projects less than 10,000 square feet in building area. The elimination of the specific plan requirements will result in cost and time savings. Noise Control The noise standards for sensitive land uses, Section 9.60.230 Noise Control, would be modified for consistency with General Plan 2035 as follows:  Residential noise standards increase from 60 dB(A) to 65 dB(A) from 7:00 a.m. to 10:00 p.m. The proposed change relates to noise mitigation for new residential development from the traffic along arterial roads. It is difficult for new residential developments to comply with the 60 db(A) noise standard from 7:00 a.m. to 10 p.m. without costly mitigation. Mixed Use Overlay District General Plan 2035 allows mixed-use development in Commercial designated areas (Policy LU-7.1 and Program LU-7.1.a.). In order to accommodate this land use, a Mixed Use Overlay district is incorporated into the Zoning Code to allow multi-family residential integrated with commercial development. Development trends indicate that older commercial developments may be redeveloped as their configuration and business mix does not accommodate future market demand. In order maintain the viability and income producing capacity of the City’s commercial districts, the Mixed Use Overlay district contains new development standards as follows:  Mixed Use Overlay district is applicable to all commercial zoned properties.  Residential uses must occupy 35% of the total project building area.  Maximum residential density of 24 units per acre.  Maximum height of 60 feet in the Regional Commercial zone. Citywide Parking Standards Chapter 9.150.070 has been modified to establish parking space maximums and reduce parking standards for the number of parking spaces required by use. The City’s parking standards require more parking spaces by use than surrounding Coachella Valley cities (Attachment 1). The current standards are modified as follows: 184  Retail use parking standards for buildings less than 100,000 square feet will be amended to require 1 parking space per 300 square feet. The current standard is 1 space per 200 square feet. For a typical 15,000 square foot retail development, this new standard would reduce required parking spaces from 75 to 50 spaces.  Restaurant use parking standards will be amended to require 1 space per 125 square feet. The current standard 1 space per 75 square feet. For a typical restaurant of 2,500 square feet in size, applying the new standard would reduce required parking spaces from 33 to 20 spaces. These modifications would align the City’s parking standards with other Coachella Valley cities and would provide opportunities to expand existing retail developments. Temporary Land Uses and Activities Several modifications to the temporary land uses and activities regulations are recommended to provide greater flexibility and cost savings. The proposed modifications are:  Allow a maximum of three special events on a private property in a residential district and reduce the event period to a maximum of three consecutive days. The current standard permits two special events in a calendar year, not to exceed ten consecutive days per event (Section 9.60.170 Special Outdoor Events).  Require a minor use permit for special events held more than four times in a calendar year in nonresidential districts. The terms for the special events may extend beyond a calendar year subject to the conditions of a minor use permit. The current standard limits special events to four times in a calendar year with a temporary use permit (Section 9.100.140 Temporary Outdoor Events). The Planning Commission considered the Zoning Code and Zoning Map amendments at a public hearing on August 9, 2016. If approved by Council, the Code and Map amendments are expected to become effective November 2016. ALTERNATIVES Council may elect not to take up this Ordinance and not amend Title 9 of the Municipal Code. However, this alternative would not implement General Plan 2035 and allow greater flexibility associated with the development review process. Prepared by: Gabriel Perez, Planning Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Comparison of Coachella Valley City Parking Requirements 185 186 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE AND THE OFFICIAL ZONING MAP RELATED TO THE ZONING AND GENERAL PLAN TEXT AND MAP CONSISTENCY WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of September 2016, hold a duly noticed public hearing for review of a City-initiated request of Zoning Ordinance Amendment 20016-0004 to modify Title 9 (Zoning) of the La Quinta Municipal Code and the Official Zoning Map; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of August, 2016, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Title 9 of the La Quinta Municipal Code and the Official Zoning Map, as identified by Title of this Ordinance; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2016-__ to recommend to the City Council adoption of said zoning text and map amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on September 9, 2016, as prescribed by the Municipal Code; and WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review and permitting procedures; and WHEREAS, the proposed zoning text and map amendments are necessary to implement the General Plan 2035 adopted by the City Council at their regular meeting on February 19, 2013, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The zoning text and map amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Program LU-1.1.b, to maintain consistency between the Land Use Map and Zoning Map, consistent with the Zoning Designations Consistency Matrix; Policy 187 Ordinance No. ___ Amendment to Title 9 Zoning Adopted: Page 2 of 6 LU-1.2, that all land use decisions shall be consistency with all applicable General Plan policies and programs and shall uphold the right and needs of property owners as well as those of the general public; Program LU-7.1.a, Establish a Mixed Use Overlay for all the commercial zoning designations; and Program LU-7.3.a, to amend the Zoning Ordinance to include standards for high density residential development within commercial zones. 2. Public Welfare Approval of the zoning code and map amendments will not create conditions materially detrimental to the public health, safety and general welfare. The amendments implement the General Plan 2035 and 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. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. CHAPTER 9.10 GENERAL PROVISIONS shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 9.20 ZONING DISTRICTS shall be amended as written in Exhibit A attached hereto. SECTION 3. CHAPTER 9.30 RESIDENTIAL DISTRICTS shall be amended as written in Exhibit A attached hereto. SECTION 4. CHAPTER 9.40 RESIDENTIAL PERMITTED USES shall be amended as written in Exhibit A attached hereto. SECTION 5. CHAPTER 9.50 RESIDENTIAL DEVELOPMENT STANDARDS shall be amended as written in Exhibit A attached hereto. SECTION 6. CHAPTER 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS shall be amended as written in Exhibit A attached hereto. SECTION 7. CHAPTER 9.70 NONRESIDENTIAL DISTRICTS shall be amended as written in Exhibit A attached hereto. SECTION 8. CHAPTER 9.90 NONRESIDENTIAL DEVELOPMENT STANDARDS shall be amended as written in Exhibit A attached hereto. SECTION 9. CHAPTER 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS shall be amended as written in Exhibit A attached hereto. 188 Ordinance No. ___ Amendment to Title 9 Zoning Adopted: Page 3 of 6 SECTION 10. CHAPTER 9.110 SPECIFIC PURPOSE DISTRICTS shall be amended as written in Exhibit A attached hereto. SECTION 11. CHAPTER 9.120 SPECIAL PURPOSE PERMITTED USES shall be amended as written in Exhibit A attached hereto. SECTION 12. CHAPTER 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS shall be amended as written in Exhibit A attached hereto. SECTION 13. CHAPTER 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS shall be amended as written in Exhibit A attached hereto. SECTION 14. CHAPTER 9.150 PARKING shall be amended as written in Exhibit A attached hereto. SECTION 15. CHAPTER 9.160 SIGNS shall be amended as written in Exhibit A attached hereto. SECTION 16. CHAPTER 9.170 WIRELESS TELECOMMUNICATION FACILITIES shall be amended as written in Exhibit A attached hereto. SECTION 17. CHAPTER 9.180 TRANSPORTATI0N DEMAND MANAGEMENT shall be amended as written in Exhibit A attached hereto. SECTION 18. CHAPTER 9.190 TRANSFER OF DEVELOPMENT RIGHTS shall be amended as written in Exhibit A attached hereto. SECTION 20. CHAPTER 9.200 GENRAL PERMITTING PROCEDURES shall be amended as written in Exhibit A attached hereto. SECTION 21. CHAPTER 9.210 DEVELOPMENT REVIEW PERMITS shall be amended as written in Exhibit A attached hereto. SECTION 22. CHAPTER 9.240 SPECIFIC PLANS shall be amended as written in Exhibit A attached hereto. SECTION 23. CHAPTER 9.250 OTHER ACTIONS shall be amended as written in Exhibit A attached hereto. SECTION 24. CHAPTER 9.260 FEES shall be amended as written in Exhibit A attached hereto. SECTION 25. CHAPTER 9.280 DEFINITIONS shall be amended as written in Exhibit A attached hereto. 189 Ordinance No. ___ Amendment to Title 9 Zoning Adopted: Page 4 of 6 SECTION 26. The Official Zoning Map shall be amended as identified in Exhibit B attached hereto. SECTION 27. The proposed zone text and map amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text and map amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan. SECTION 28. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0004, as set forth in attached Exhibit “A” and “B” for the reasons set forth in this Ordinance. SECTION 29. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 30. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 31. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ________ of ________ 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 190 Ordinance No. ___ Amendment to Title 9 Zoning Adopted: Page 5 of 6 ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. 191 Ordinance No. ___ Amendment to Title 9 Zoning Adopted: Page 6 of 6 I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California 192 1 Chapter 9.10 GENERAL PROVISIONS 9.10.010 Title and authority. A. Title. This title shall be known as the “city of La Quinta zoning code” or “zoning code.” The term “code” shall also mean this title unless clearly indicated otherwise by the context. B. Authority and Purpose. This zoning code is adopted for the purpose of promoting the public health, safety and general welfare pursuant to Section 11 of Article XI of the California Constitution, the State Planning and Zoning Law (Government Code Section 65000 et seq.), the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and other applicable state laws. C. Objectives. This zoning code is intended to achieve the following objectives: 1. To implement the city's general plan 2. To classify and designate different land uses and structures in appropriate places as designated in the general plan, and to regulate such land uses and structures in order to serve the needs of residential neighborhoods, commerce, recreation, open space and other purposes. 3. To provide a guide for the development and use of land in the city as required by the State Government Code. 4. To secure for the residents of the city the social and economic advantages resulting from the plannned and orderly use of its land resources. 5. To establish conditions which allow the various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them from harmful intrusion. 6. To prevent undue intensity of land use or development, to avoid population overcrowding, to maintain a suitable balance between developed land and open space, and to protect the natural beauty of the city. 7. To ensure that adequate off-street parking and loading facilities are provided and maintained for all land uses. 8. To provide land zoned for schools, parks and other public facilities. 9. To ensure the provision of affordable housing opportunities. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.10.020 Applicability of code. A. Compliance Required. No uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformity with this code. B. Applicability. This code shall apply to all land within the city. C. Limitations on Validity of Permits. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be an approval of any violation of any provision of this code. The issuance of such a permit shall not prevent the city from thereafter requiring the correction of violations of this code or of any other ordinance of the city. EXHIBIT A 193 2 D. Conflict with Other Regulations. Whenever any provision of this code and other city regulations impose overlapping or contradictory requirements, that provision which is more restrictive or imposes a higher standard shall control except as otherwise expressly provided in this code. Nothing contained in this code shall be deemed to repeal or amend any regulation of the city requiring a permit or license, nor shall any provision of this code be deemed to repeal or amend the city's building regulations. (Ord. 284 § 1 (Exh. A) (part), 1996). 9.10.030 Prior agreements and approvals. A. Development Agreements. Notwithstanding any provision of this zoning code, any development agreement which is valid as of the effective date of the ordinance codified in this code shall remain in full force and effect until expiration of said agreement. For the purposes of the specific project approved in such a development agreement, permitted land uses, development standards, and other zoning provisions specified in the development agreement shall supersede the provisions of this code. B. Approved Development Projects and Permits. Any specific plan, site development permit, grading permit, building permit, or similar entitlement which was issued pursuant to earlier ordinances of the city which is in conflict with this code may nevertheless by continued and the specific construction authorized under the permit may be completed in accordance with the provisions of the permit approval provided the construction complies with all other laws and regulations in effect at the time of the permit approval. However, any project or permit requiring a time extension per Section 9.200.080 shall conform to the requirements and standards in effect at the time the extension is granted. C. Approved Subdivision Maps. Any tentative tract or parcel map which was approved pursuant to earlier ordinances of the city and which is in conflict with this code may nevertheless be continued and completed in accordance with the provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time therefor e and provided it complies with all other laws and regulations in effect at the time of its approval. Final tract and parcel maps shall be consistent with approved tentative tract or parcel maps and any applicable conditions of approval. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.10.040 General plan density and intensity. The general plan establishes a range of development intensities, composed of densities, unit counts, floor area ratios, or similar measures, for each land area in the city. This zoning code and the city's individual project approvals provide development standards, plans and other factors which shall determine the exact development intensity of each project within the foregoing general plan range. The city reserves the right to limit projects to intensities below the general plan's upper limits. (Ord. 284 § 1 (Exh. A) (part), 1996) 194 3 9.10.050 Planning agency. Consistent with Section 65100 et seq. of the State Government Code, the city's planning agency shall consist of the city council, the planning commission and the planning departmentPlanning Division. (Ord. 299 § 1 (part), 1997: Ord. 284 § 1 (Exh. A) (part), 1996) 9.10.060 Code interpretations. Interpretations of the provisions of this zoning code shall be made by the planning directorDirector. Such interpretations may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.10.070 Use of terms. A. Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this code: 1. The specific shall supersede the general. 2. The word “shall” is mandatory. The word “may” is discretionary. The word “should” identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making body. 3. In the case of any difference of meanings or implication between the text regarding a provision of the code and any title, heading, caption or illustration, the text shall control. 4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. 5. Unless the context clearly indicates otherwise, certain conjunctions shal l be interpreted as follows: a. “And” indicates that all connected items or provisions shall apply. b. “Or” indicates that the connected items or provisions may apply singly or in any combination. c. “Either...or” indicates that the connected items or provisions shall apply, but not in combination. 6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the city of La Quinta. 7. “Director” means the planning directorDirector of the city of La Quinta or the director’s authorized agent or representativecity manager or his/her designee. B. Time Periods. The use of the term “days” to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday or a legal city holiday, in which case the next business day shall be the last day of the time period. (Ord. 284 § 1 (Exh. A) (part), 1996) 195 4 Chapter 9.20 ZONING DISTRICTS 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan: 1. RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District 79. VC Village Commercial District 810. NR Nonresidential Overlay District 911. CR Regional Commercial District 1012. CP Commercial Park District 113. CC Community Commercial District 124. CN Neighborhood Commercial District 135. CT Tourist Commercial District 146. CO Office Commercial District 157. MC Major Community Facilities District 168. PR Parks and Recreation District 179. GC Golf Course District 1820. OS Open Space District 1921. FP Floodplain District 202. HC Hillside Conservation Overlay District 213. SOB Sexually Oriented Business Overlay District 224. EOD Equestrian Overlay District 235. AHO Affordable Housing Overlay District 246. MU Mixed Use Overlay District (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.020 Official zoning map. A. Adoption of Map. The boundaries of the zoning districts established in this zoning code shall be shown on that map entitled “City of La Quinta Official Zoning Map” on file with the planning directorDirector and available for public examination and purchase. B. Interpretation of District Boundaries. Where uncertainty exists regarding the precise boundaries of districts on the official zoning map, the following rules shall apply: 196 5 1. Boundaries indicated as approximately following the centerlines of streets shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right-of-way lines of streets shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines. 2. Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines. 3. Boundaries indicated as parallel to or extensions of the lines described in subsections (B)(1) and (2) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. 4. Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way. 4.5. In cases where uncertainty exists after application of rules in subsections (B)(1) through (4) of this section, the planning directorDirector shall determine the district boundaries. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.030 Special zoning symbols. A. Purpose. In some cases, the city may determine that alternate development standards are required for a particular geographic area other than those set forth in applicable sections of this code with regard to minimum lot size, setbacks, lot frontage and maximum building height because the normal standards may not be appropriate for one or more of the following reasons: 1. Unusual topography or other natural features within the area. 2. The need to mitigate development impacts on vulnerable surrounding land uses. 3. The need to ensure adherence to a key general plan goal, objective or policy. 4. Other factors affecting the subject area not generally prevalent in the city. B. Use of Special Symbols. The city may establish alternate development standards for a particular geographic area than those set forth for the zoning district covering the area by means of special zoning symbols. Such alternate development standards shall supersede those in Chapters 9.50, 9.65, 9.90 and 9.130 and shall be specified by means of one or more of the following symbols on the official zoning map: 1. Lot Size. A number following the district designation and connected by a hyphen shall designate the minimum lot size. Where the number is greater than one hundred, it shall indicate the minimum size in square feet; where the number is less than one hundred, it shall indicate the minimum size in acres. Example: RM-500 or RL-2 197 6 2. Setbacks. A number following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: front/side/rear. Example: RM (20/5/25) 3. Height and Number of Stories. A number shown below and separated by a line from the district designation shall designate the maximum height of building or structures in feet and the maximum number of stories. Height shall be given first followed by a “/” and number of stories. Example: RM ÷ 28/2 4. Lot Frontage. A number preceding and connected to the district designation by a hyphen shall designate the minimum lot frontage in feet. Example: 100-RL 5. Symbols Combined. The preceding symbols may be used in any combination to show minimum lot size, setbacks, frontage, and maximum height. Example: 100-RL-2 (20/5/25) ÷ 28/2 C. Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within the city of La Quinta shall be clearly identified on the official zoning map and referenced in Section 9.50.030, Table of Development Standards. (Ord. 434 § 1, 2007; Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.040 Land uses not listed. A. Director’s Authority. Because not every possible land use can be identified in this zoning code and because new land uses evolve over time, this section establishes the planning directorDirector’s authority to determine if unlisted uses shall be permitted in a zoning district. In order to determine that a use is permitted as a principal, conditional or accessory use, the director shall make all of the following findings: 1. The proposed use is consistent with the goals and policies of the general plan. 2. The proposed use is compatible with the purpose and intent of the district in which it is to be located. 3. The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. B. Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the planning commission as a nonhearing item if the director determines on a case-by-case basis that the public interest would be better served by such referral. C. Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 9.200.120. Determinations by the director may be 198 7 appealed to the planning commission and determinations by the planning commission may be appealed to the city council. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.050 Medical marijuana dispensaries. A. Medical marijuana dispensaries are a prohibited use in all zones. B. Definitions. See Chapter 9.280. Chapter 9.30 RESIDENTIAL DISTRICTS 9.30.010 Summary of district regulations. A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district. B. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this chapter and set forth in more detail in Chapter 9.50. C. Supplemental Regulations. Sections containing supplemental regulations applicable to residential uses are as follows: 9.60.010 Purpose and intent 9.60.020 Signs and parking 9.60.030 Fences and walls 9.60.040 Patio covers, decks and play equipment 9.60.050 Storage and other accessory buildings 9.60.060 Garages and carports 9.60.070 Swimming pools 9.60.080 Satellite dish and other antennas 9.60.090 Second residential units 9.60.100 Guesthouses 9.60.110 Home occupations 9.60.120 Pets and other animals 9.60.130 Recreational vehicle parking 9.60.140 Screening 9.60.150 Tennis and other game courts 9.60.160 Outdoor lighting 9.60.170 Special outdoor events 9.60.180 Manufactured housing and mobilehomes 9.60.190 Family child carechild daycare facilities 9.60.200 Senior citizen housing 9.60.210 Construction and guard offices 9.60.220 Trash and recyclable materials storage 9.60.230 Noise control 9.60.240 Landscaping and open area 9.60.250 Model home complexes 199 8 9.60.260 Condominium conversions 9.60.270 Density bonuses for affordable housing 9.60.280 Bed and breakfast regulations 9.60.290 Timeshare regulations 9.60.300 Compatibility review for partially developed subdivisions 9.60.310 Restrictions on multistory buildings at project boundaries 9.60.320 Resort residential 9.60.330 Residential tract development review 9.60.340 Custom home design guidelines 9.60.3350 Reasonable Accommodation D. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section 9.50.020. E.D. Definitions. See Chapter 9.280. 9.30.020 RVL very low density residential district. A. Purpose. To provide for the development and preservation of very low density neighborhoods (zero to two units per acre, except as provided in Section 9.40.030, “Conditions for varying residential densities”) with one- and two- story single-family detached dwellings on large lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two- story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Chapter 9.50 provides development standards. Minimum lot size 20,000 sq. ft. Minimum lot frontage 100 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback 30 ft. Minimum interior/exterior side yard setbacks 10/20 ft. Minimum rear yard setback 30 ft. Maximum lot coverage 40% Minimum livable floor area excluding garage 2500 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 10′ minimum at any point, 20′ minimum average over entire frontage Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 200 9 9.30.030 RL low density residential district. A. Purpose. To provide for the development and preservation of low density neighborhoods (two to four units per acre, except as provided in Section 9.40.030, “Conditions for varying residential densities”) with one- and two- story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Chapter 9.50 provides development standards. Minimum lot size 7200 sq. ft.1 Minimum lot frontage 60 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non-garage portions of dwelling) 20 ft.2 Minimum garage setback 25 ft.3 Minimum interior/exterior side yard setbacks 5/10 ft.4 Minimum rear yard setback 10 ft. for existing recorded lots and 20 ft. for new lots Maximum lot coverage 50% Minimum livable floor area excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 10-foot minimum at any point, 20-foot minimum average over entire frontage 1 A minimum lot size of 20,000 sq. ft. shall be required of new lots created within subdivisions of 10 acres or less in size as further described in Section 9.50.100. 2 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. 3 Twenty feet if “roll-up” type garage door is used. 4 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. (Ord. 440 § 1, 2007: Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.040 RC cove residential district. A. Purpose. To provide for the development and preservation of the medium density “cove” residential area with one-story single-family detached 201 10 dwellings on medium size lots, , except as provided in Section 9.40.030, “Conditions for varying residential densities”. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Chapter 9.50 provides development standards. Minimum lot size 7200 sq. ft. (However, existing lots over 7200 sq. ft. are buildable provided other standards are met) Minimum lot frontage 60 ft. (However, existing frontages under 60 feet are buildable provided other standards are met.) Maximum structure height 17 ft. Maximum number of stories 1 Minimum front yard setback (non-garage portions of dwelling) 20 ft.* Minimum garage setback 25 ft.1 Minimum interior/exterior side yard setbacks 5/10 ft. Minimum rear yard setback 10 ft. Maximum lot coverage 60% Minimum livable floor area excluding garage 1200 sq. ft. * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. 1 Twenty feet if “roll-up” type garage door is used. Section 9.50.090 in the RC zone district contains additional details and illustrations regarding development standards. D. Fencing. Rear and side yards shall be completely enclosed and screened by view obscuring fencing, walls or combination per standards found in Section 9.60.030. E. Building Development Standards. In addition to the requirements of this chapter and Chapter 9.60 (Supplemental Residential Regulations), the following standards shall be required on homes built within the RC district: 1. Bedroom Dimensions. A minimum of ten-foot clear width and depth dimensions, as measured from the interior walls of the room. 2. Bathrooms. There shall not be less than one and one-half baths in one- or two-bedroom dwellings, and not less than one and three-quarters baths in dwellings with three or more bedrooms. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.050 RM medium density residential district. A. Purpose. To provide for the development and preservation of medium density neighborhoods (four to eight units per acre, , except as provided in Section 9.40.030, “Conditions for varying residential densities”) with single-family 202 11 detached dwellings on medium and small size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two- story single-family attached, townhome or multifamily dwellings, with open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Chapter 9.50 provides development standards. Minimum lot size 5000 sq. ft. Minimum lot frontage 50 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non-garage portions of dwelling) 20 ft.* Minimum garage setback 25 ft.1 Minimum interior/exterior side yard setbacks 5/10 ft.2 Minimum rear yard setback 15 ft. Maximum lot coverage 60% Minimum livable floor area for single-family detached excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 3 10′ minimum at any point, 20′ minimum average over entire frontage Minimum common open area 3 30% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. 1 Twenty feet if “roll-up” type garage door is used. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. 3 Does not apply to single-family detached if a specific plan is required. Landscaping and open area shall be per the standards of Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.060 RMH medium high density residential district. A. Purpose. To provide for the development and preservation of medium-high density neighborhoods (eight to twelve units per acre, , except as provided in Section 9.40.030, “Conditions for varying residential densities”) with one- and two-story single-family detached dwellings on small lots, one- and two-story single-family attached dwellings, and one- and two-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. 203 12 C. Development Standards. Chapter 9.50 provides development standards. Minimum lot size for single-family detached or attached 3600 sq. ft. Minimum project size for multifamily projects 20,000 sq. ft. Minimum lot frontage for single-family detached or attached 40 ft. Minimum frontage for multifamily projects 100 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non-garage portions of dwelling) 20 ft.* Minimum garage setback for single-family detached or attached 25 ft.1 Minimum interior/exterior side yard setbacks for single- family detached and multifamily buildings 5/10 ft.2 Minimum sideyard setbacks for single-family attached 0′ on attached side, 10′ on open side Minimum rear yard setback 15 ft. Maximum lot coverage 60% Minimum livable floor area for single-family detached excluding garage 1400 sq. ft. Minimum livable floor area for multifamily units excluding garage 750 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 3 10′ minimum at any point, 20′ minimum average over entire frontage Minimum common open area 3 30% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. 1 Twenty feet if “roll-up” type garage door is used. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. 3 Does not apply to single-family detached if a specific plan is required. Landscaping and open area shall be per the standards of Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.070 RH high density residential district. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (twelve to sixteen units per acre ; or if the Affordable Housing Overlay applies, up to twenty-four units per acre when a minimum of 204 13 25 percent of units are dedicated to low and very low income affordable housing, except as provided in Section 9.40.030, “Conditions for varying residential densities”) with one- to three-story single-family attached dwellings and one- to three-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Chapter 9.50 provides development standards. Minimum lot size for single-family attached 2000 sq. ft. Minimum project size for multifamily projects 20,000 sq. ft. Minimum frontage for multifamily projects 100 ft. Maximum structure height 40 ft. Maximum number of stories 3 Minimum front yard setback (non-garage portions of dwelling) 20 ft.* Minimum garage setback for single-family attached 25 ft.1 Minimum interior/exterior side yard setbacks 10/15 ft2 Minimum rear yard setback 20 ft. Maximum lot coverage 60% Minimum livable floor area excluding garage 750 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 3 10′ minimum at any point, 20′ minimum average over entire frontage Minimum common open area3 30% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. 1 Twenty feet if “roll-up” type garage door is used. 2 For interior side yards, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height abov e 17 feet is located between five and ten feet from said side yard property line. For the RH zone the interior setbacks, if the building is over 28 feet in height, the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 3 Per the landscaping and open area standards of Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.080 RSP residential specific plan overlay district. A. Purpose. To provide flexible regulations via the specific plan process thereby allowing the use of modern land planning and design techniques to create master-planned developments incorporating coordinated building design, integrated greenbelts, common recreation facilities (such as swimming pools, golf courses, tot lots, etc.), a separation of pedestrian and vehicular traffic, and an overall increase in residential amenity. Specific plans are also to be utilized to allow variations in residential land uses as provided by Section 205 14 9.40.030 (per general plan Policy 2-1.1.9). Specific plan densities, development standards and other features must be consistent with the general plan. B. Permitted Uses. The specific plan shall specify the permitted uses within its boundaries. Such uses shall be tailored to the plan's location, topography, and other characteristics and shall be consistent with the general plan. C. Zoning Map Designation. RSP overlay zoning shall be adopted only in conjunction with approval of a specific plan per Chapter 9.240. Upon approval, the specific plan shall become an integral part of the zoning for the property. The zoning designation on the official zoning map shall consist of the base district symbol followed by the specific plan symbol in parentheses; for example, RM (RSP 96-1). D. Development Standards. 1. Per the landscaping and open area standards in Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9..30.090 RR Rural Residential overlay district. Purpose. To facilitate the development and preservation of rural character at low densities (zero to three units per acre) in conjunction with the RVL and RL base districts. The RR district is an overlay district to be used in conjunction with either of the preceding base districts. Permitted Uses. As permitted in the underlying base district. Designation on Zoning Map. When the RR overlay district is used, the zoning designation on the official zoning map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example, RL (RR). Development Standards. Development standards shall be the same as those for the underlying base district except for the following: The minimum front yard setback when RVL is the base district shall be forty feet. Lots of two acres or more shall utilize rural street cross-sections (e.g., no vertical curbs). Architectural styles shall emphasize a rural theme (e.g., Ranch, Western, Southwest or Mission styles). Fencing guidelines representative of a rural theme shall be developed for each project. Equestrian paths adjacent to specified collector and arterial streets shall be required to link residential areas with trail systems and Lake Cahuilla County Park. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 206 15 Chapter 9.40 RESIDENTIAL PERMITTED USES 9.40.010 Development permits required. This chapter specifies land uses and structures permitted within residential districts. However, in most cases development to establish a use or structure requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.40.020 RR overlay permitted uses. 9.40.0230 Conditions for varying residential densities. A. Criteria. General Plan Policy 2.1.1.9 provides Consistent with the requirements of the General Plan, there are certain criteria for allowing lower density residential uses in higher density districts and vice versa. Therefore, the criteria in this section shall apply when such variation in permitted uses is proposed. B. Lower Density Uses. RVL, and/or RL and RM uses may be located in areas designated on the general plan land use policy diagram as medium high density residential or high density residential provided: 1. A specific plan is approved and the overall project density is consistent with that of the general plan. 2. The decision-making body makes the following findings in addition to those required per Chapter 9.250 (Specific Plans): a. The RVL, and/or RL and RM residential uses are part of a mixed-use planned development. b. Utilities and transportation facilities to the site are designed for the use and density designated on the general plan land use policy diagram. c. The RVL, and/or RL or RM residential development will not create a deterrent negatively impacting future RMH or RH development. d. RVL, and/or RL and RM uses are adequately buffered from adjacent RMH and RH uses, commercial sites, and arterial roadways. 3. If the preceding criteria are not met, a general plan amendment will be required to allow the RVL, and/or RL or RM uses in the medium high or high density designated areaGeneral Plan land use designation. C. Higher Density Uses. RM, RMH and RH uses may be located in areas designated on the general plan land use policy diagrammap as very low density residential, low density residential, or medium density residential provided: 1. A specific plan is approved and the overall project density is consistent with that of the general plan land use policy diagram. 2. The decision-making body makes the following findings in addition to those required per Chapter 9.250 (Specific Plans): a. The RM, RH and RMH residential uses are part of a mixed-use planned development. b. Utilities and transportation facilities to the site are designed to accommodate the RM, RMH or RH uses. 207 16 c. The RM, RMH or RH uses are located adjacent to or in close proximity to arterial roadways and intersections. d. The RM, RHM or RH uses buffer RVL, and RL or RM uses from commercial uses and arterial roadways. e. The RM, RHM or RH uses are located in close proximity to park/open space uses such as neighborhood and community parks, schools or other recreational facilities, or, if not located in close proximity to these facilities, the RMH or RH uses provide substantial recreational amenities within the development. 3. If the preceding criteria are not met, a general plan amendment will be required to allow the RM, RMH or RH uses in the very low, low or medium density designated areaGeneral Plan land use designation. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) D. Density Transfers. Density transfers may occur in Specific Plans when common area amenities and open space are provided. D.E. Density Bonus. Density bonus may be granted as provided in 9.60.260. 9.40.0340 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: “P”: Permitted as a principal use within the district. “PUD”: Planned Unit Development “A”: Permitted only if accessory to the principal residential use on the site. “C”: Permitted if a conditional use permit is approved. “M”: Permitted if a minor use permit is approved. “H”: Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. “S”: Permitted if a specific plan is approved per Section 9.40.030. “X”: Prohibited in the district. 208 17 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Unit Development M = Minor use permit H = Home occupation permit (pursuant to Municipal Code Section 8.XX) S = Specific Plan required T= Temporary Use Permit X = Prohibited use Ve r y Lo w De n s i t y R e s i d e n t i a l Lo w D e n s i t y Re s i d e n t i a l Co v e R e s i d e n t i a l Me d i u m D e n s i t y R e s i d e n t i a l Me d i u m -Hi g h D e n s i t y R e s i d e n t i a l Hi g h D e n s i t y R e s i d e n t i a l Land Use RVL RL RC RM RMH RH Single-family detached dwellings P P P P P S Single-family detached patio homes (i.e., “zero lot-line”) PUD PUD PUD PUD PUD PUD Duplexes (two units on the same lot) PUD PUD X PUD P P Single-family attached dwellings (two units per building with each unit on its own lot) PUD PUD X PUD P P Townhome dwellings (two or more units per building with each unit on its own lot) PUD PUD X P P P Condominium multifamily (“airspace” units) PUD PUD X P P P Apartment multifamily (rental units) X X X P P P Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes on individual lots, subject to Section 9.60.180 P P P P P X Resort residential subject to Section 9.60.320310 P P X P P P Guesthouses, subject to Section 9.60.100 A A A A A A Second residential units subject to Section 9.60.090 A A A A A A Group Living and Care Uses Child day care facilities as an accessory use, serving 8 6 or fewer children, subject to Section 9.60.190 A A A A A X 209 18 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Unit Development M = Minor use permit H = Home occupation permit (pursuant to Municipal Code Section 8.XX) S = Specific Plan required T= Temporary Use Permit X = Prohibited use Ve r y Lo w De n s i t y R e s i d e n t i a l Lo w D e n s i t y Re s i d e n t i a l Co v e R e s i d e n t i a l Me d i u m D e n s i t y R e s i d e n t i a l Me d i u m -Hi g h D e n s i t y R e s i d e n t i a l Hi g h D e n s i t y R e s i d e n t i a l Land Use RVL RL RC RM RMH RH Child day care facilities as an accessory use, serving 97—14 children, subject to Section 9.60.190 M M M M M X Congregate living facilities, 6 or fewer persons P P P P P X Congregate care facility C C C C C C Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons, subject to Section 9.60.200 P P P P P P Senior group housing, 7 or more persons, subject to Section 9.60.200 X X X M M M Time share facilities, subject to Section 9.60.280 M M M M M M Bed and breakfast inns M M M M M M Supportive Housing X X X C C C Transitional Housing X X X C C C Cottage Food Operations, subject to Section 9.60.115 P P P P P P Open Space and Recreational Uses Public parks, playfields and open space P P P P P P Bicycle, equestrian and hiking trails P P P P P P Clubhouses and community pools/cabanas P P P P P P Unlighted tennis and other game courts on private property, subject to Section 9.60.150 A A A A A A Lighted tennis and other game courts on private property, subject to Section 9.60.150 M M M M M M 210 19 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Unit Development M = Minor use permit H = Home occupation permit (pursuant to Municipal Code Section 8.XX) S = Specific Plan required T= Temporary Use Permit X = Prohibited use Ve r y Lo w De n s i t y R e s i d e n t i a l Lo w D e n s i t y Re s i d e n t i a l Co v e R e s i d e n t i a l Me d i u m D e n s i t y R e s i d e n t i a l Me d i u m -Hi g h D e n s i t y R e s i d e n t i a l Hi g h D e n s i t y R e s i d e n t i a l Land Use RVL RL RC RM RMH RH Golf courses and country clubs per Section 9.110.040 P P P P P P Driving range with or without lights M M X M M M Accessory Uses and Structures Home occupations, subject to Section 9.60.110 HA HA HA HA HA HA Cottage Food Operations, subject to Section 9.60.115 P P P P P P Patio covers, decks, and gazebos, subject to Section 9.60.040 A A A A A A Fences and walls, subject to Section 9.60.030 P P P P P P Satellite dishes and other antennas subject to Section 9.60.080 A A A A A A Swimming pools, spas and cabanas, subject to Section 9.60.070 A A A A A A Garages and carports, subject to Section 9.60.060 A A A A A A Keeping of household pets, subject to Section 9.60.120 A A A A A A On lots of 1 acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. A A X X X X 211 20 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Unit Development M = Minor use permit H = Home occupation permit (pursuant to Municipal Code Section 8.XX) S = Specific Plan required T= Temporary Use Permit X = Prohibited use Ve r y Lo w De n s i t y R e s i d e n t i a l Lo w D e n s i t y Re s i d e n t i a l Co v e R e s i d e n t i a l Me d i u m D e n s i t y R e s i d e n t i a l Me d i u m -Hi g h D e n s i t y R e s i d e n t i a l Hi g h D e n s i t y R e s i d e n t i a l Land Use RVL RL RC RM RMH RH Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district. A A A A A A Agricultural Uses Tree crop farming; greenhouses P X X X X X Field crop farming P M X X X X Produce stands, subject to Section 9.100.100 P MT X X X X Temporary Uses Garage sales A A A A A A Construction and guard offices, subject to Section 9.60.210 MA MA MA MA MA MA Use of relocatable building M M M M M M Model home complexes and sales offices, subject to Section 9.60.250 M M M M M M Special outdoor events, subject to Section 9.60.170 MT MT MT MT MT MT Parking of recreational vehicles, subject to Section 9.60.130 A A A X X X Other Uses Churches, temples and other places of worship C C C C C C Museum or gallery displaying sculpture, artwork or crafts, including schools for above, on 20 acres or more M M M M M M 212 21 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Unit Development M = Minor use permit H = Home occupation permit (pursuant to Municipal Code Section 8.XX) S = Specific Plan required T= Temporary Use Permit X = Prohibited use Ve r y Lo w De n s i t y R e s i d e n t i a l Lo w D e n s i t y Re s i d e n t i a l Co v e R e s i d e n t i a l Me d i u m D e n s i t y R e s i d e n t i a l Me d i u m -Hi g h D e n s i t y R e s i d e n t i a l Hi g h D e n s i t y R e s i d e n t i a l Land Use RVL RL RC RM RMH RH Community recreational vehicle storage lots, noncommercial A A X A A A Communication towers and equipment (freestanding, new towers) subject to Chapter 9.170 C C C C C C Communication towers and equipment (co-location, mounted to existing facility) subject to Chapter 9.170 M M M M M M Utility substations and facilities M M M M M M Public flood control facilities and devices P P P P P P Other principal, accessory or temporary uses not in this table. Director or Planning Commission to determine whether use is permitted in accordance with Section 9.20.040. (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 213 22 Chapter 9.50 RESIDENTIAL DEVELOPMENT STANDARDS 9.50.010 Mobilehome park development standards. Mobilehome parks shall conform to the following standards: A. Minimum thirty percent common open area; B. Landscaped perimeter setbacks for structures: minimum twenty feet at any point and minimum twenty-five feet average over the entire perimeter; C. Perimeter setbacks shall not count toward the common open area requirement or vice versa. (Ord. 284 § 1 (Exh. A), 1996) 9.50.020 Height limits and setbacks near image corridors. In order to facilitate noise screening for residents and preserve visual openness, it is necessary to limit building heights for residential development. Therefore, notwithstanding the height standards set forth elsewhere in this code, additional height limitations shall apply to buildings within one hundred fifty feet of the edge of right-of- way of the following general plan-designated image corridors: A. Image CorridorsPrimary, secondary, and agrarian image corridors: All buildings limited to one story, not to exceed twenty-two feet in height. B. Rear yard setbacks for residential units abutting the image corridors shall be a minimum of twenty-five feet. The RVL development standard shall be required as specified in Section 9.30.020. For existing lots, prior to the 1996 zoning ordinance update, the side yard setback shal l be five feet with the building height limited to ten feet. Plus, beyond the ten-foot building height, the roof may be constructed so that every horizontal foot the roof can go up, one vertical foot to the maximum height permitted in the zoning district or as required by this policy, whichever is more restrictive. (Ord. 341 § 1, 2000; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.50.030 Table of development standards. A. Definitions. See Chapter 9.280. B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040 following, set forth standards for the development of property within residential districts. However, standards different from those in Table 9-2 shall apply if special zoning symbols described in Section 9.20.030 are designated on the official zoning map. Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH Minimum lot size for single- family dwellings (sq. ft.) 20,000 7200*** 7200 5000 3600 2000 214 23 Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH Minimum project size for multifamily projects (sq. ft.) n/a n/a n/a n/a 20,000 20,000 Minimum lot frontage for single-family dwellings (ft.)1 100 60 60 50 40 n/a Minimum frontage for multifamily projects (ft.) n/a n/a n/a n/a 100 100 Maximum structure height (ft.)2 28 28 17 28 28 40 Maximum number of stories 2 2 1 2 2 3 Minimum front yard setback (ft.)3 30 20 20 20 20 20 Minimum garage setback 4 (ft.) n/a 25 25 25 25 25 Minimum interior/exterior side yard setback (ft.)5, 7 10/20 5/10 5/10 5/10 5/10 10/15 Minimum rear yard setback (ft.)7 30 20 for new lots and 10 for existing recorded lots8 10 15 15 20 Maximum lot coverage (% of net lot area) 40 50 60 60 60 60 Minimum livable area excluding garage (sq. ft.) 2500 1400 1200 1400 1400 (multi- family: 750) 750 for multi- family Minimum common open area6 n/a n/a n/a 30% 30% 30% Minimum/average perimeter landscape setbacks (ft.)6 10/20 10/20 n/a 10/20 10/20 10/20 Symbol Description of Special Zoning Symbols Used as per Section 9.20.030 60-RM-10,000 17/1 60-foot minimum lot frontage, medium density residential zoning, 10,000 square foot minimum lot size, 17-foot maximum building height at one story RL 10,000 17/1 Low density residential zoning, 10,000 square foot minimum lot size, 17-foot maximum building height at one story RM 17/1 Medium density residential zoning, 17-foot maximum building height at one story 215 24 Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH RL 17/1 Low density residential zoning, 17-foot maximum building height at one story * As shown on the approved specific plan for the project. ** As provided in the underlying base district. *** A minimum lot size of 20,000 sq. ft. shall be required of new lots created within subdivisions of 10 acres or less in size located south of Avenue 52 and west of Monroe Street. 1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan - designated image corridor, except in the RC zone, which is 17 feet. 3 For non-garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. 4 For all but RVL district, minimum garage setback shall be 20 feet if “roll-up” type garage door is used. Also, for side-entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 5 The following are exceptions to the minimum side setbacks shown: For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for e very foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For interior setbacks, i f the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. 7 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard. 8 Existing recorded lots prior to May 1, 1997. (Ord. 466 § 1, 2009; Ord. 434 § 2, 2007; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 216 25 217 26 9.50.040 Illustration of development standards. Figure 9-1 DEVELOPMENT STANDARDS: RVL AND RL DISTRICTS 218 27 Figure 9-2 DEVELOPMENT STANDARDS: RC DISTRICT 219 28 Figure 9-3 DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS *Common open area = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. = min. avg. over entire frontage (thus, 10/20). This standard does not apply to detached single family residential. See Sec. 9.60.240 for additional landscape/open area standards. 220 29 Figure 9-4 DEVELOPMENT STANDARDS: RH AND RSP DISTRICTS *Common open areas and perimeter landscape requirements do not apply to single family detached projects unless a specific plan is required. Common open areas = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point: 2nd no. = min. avg. over entire frontage (thus, 10/20). See sec. 9.60.240 for additional landscape/open area standards. **Perimeter setback area shall not be counted as common open area or vice versa. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 221 30 9.50.050 Maximum building height. For purposes of this code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: (Ord. 284 § 1 (Exh. A), 1996) 9.50.055 Second floor addition within an existing unit in RVL and RL zoning districts. A property owner may apply through the Minor Use Permit (Section 9.210.020) process for permission to alter a single family dwelling unit to provide an upper story living area within the very low and low density residential zones when the following has been complied with: No change to the exterior building elevation with the exception of providing light and ventilation. Windows are only allowed on the street-facing facade. Dormer windows are prohibited. No windows (except skylights) or access points are permitted on roof slopes (i.e., hip roof sections). 222 31 Permitted only in areas where two story structures are permitted by code. The second floor shall not be considered as a two-story home as defined in Section 9.60.300.I.1 (Compatibility Review). Comply with all Building Codes including, but not limited to: Foundations; Floor loads; and The interior vertical clearance requirements. Maintain a two car garage with a vertical interior clearance of seven feet six inches. The second floor living area cannot exceed ten percent of the existing house square footage. The addition can only be located within the front half of the existing structure that abuts, or is adjacent to the street right of way where the primary access to the structure is located. Access must be from the interior of the existing house. No exterior reconstruction of the existing structure is permitted to accommodat e the addition with the exception of windows and skylights. (Ord. 374 § 1 (Exh. A), 2002) 9.50.055 Front Elevations for Tract Development Each prototype plan proposed within a tract shall be provided with a minimum of two different front elevations with structural changes including, but not limited to roof type, height, finishes, and color to ensure variety within the project. 90.50.060 Architectural projections. A. Roof Projections. Notwithstanding Figure 9-5, chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in Table 9-2 preceding. B. Projections. AThe following architectural projections such as the following are permitted to encroach into the required setbacks specified in Table 9-2 preceding: 1. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than three and one-half feet from any property line. 2. Architectural projections such as cCantilevered seating windows or ledges, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such 223 32 projections are no closer than three and one-half feet from any property line. 3. Balconies, exterior stairways, and elevated uncovered decks may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than three and one-half feet from any property line. Such projections shall not encroach into required side setbacks nor increase a building’s usable floor space. (Ord. 325 § 1 (Exh. A), 1998: Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.50.070 Irregular lots. A. Purpose. Setback distances established for residential districts are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements, i.e., the appropriate separation of structures from streets and other properties. The purpose of this subsection is to provide standards for the establishment and measurement of setbacks on irregular lots. (See Chapter 9.280 for definition of lot lines.) 224 33 B. Front Setbacks. Front yard setbacks shall be measured from the ultimate street right-of-way line. C. Rear Setbacks. In the case of an irregularly shaped lot, a ten-foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this code (see illustration). D. Side Setbacks. All lot lines which are not front or rear lot lines shall be considered side lot lines for the purpose of measuring setbacks. E. Pie-Shaped Lots. Setbacks on pie-shaped lots shall be measured at the closest point between the building and the angled lot line. F. Flag or Panhandle Lots. 1. Definition. For purposes of this section, “panhandle lot,” “flag lot,” “panhandle building site” and “flag building site” all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than forty feet wide and more than twenty feet long. 2. Setbacks. All setbacks shall be the same as for other lots in the applicable district. The director shall determine the front lot line via 225 34 the following procedure (see illustration)The front lot line shall be the line closest to parallel to the street on which the lot accesses, unless determined otherwise by the Director. A line shall be drawn across the accessway where it meets the buildable portion of the lot. The front lot line shall then be determined as that lot line adjacent to the accessway which has the least amount of lot width. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. 4. Minimum Lot Accessway Frontage. Minimum lot frontage for flag lots shall be fifteen feetTwenty feet. G. Determination by Director. Where a building site is situated such that any of the property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of 226 35 buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.50.080 Setbacks from surface easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. (Ord. 284 § 1 (Exh. A), 1996) 9.50.090 RC district development standards. In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60 (Supplemental Residential Regulations) the following shall be required for homes built within the RC district: A. Requirements. 1. As a part of the building and safety department plan check for residences in the RC zone district, the planning department shall review the submitted plans and visit proposed site to ensure that the architectural features of the front elevation of the proposed residence has design features that vary from other residences within two hundred feet on the same street, and cross street if the lot is on a corner; 2.1. Manual on Architectural and Landscape Standards. The planning commission shall, by resolution, adopt architectural and landscape manuals to be used as guidelines in reviewing landscape materials, architectural style, exterior building materials, colors, and mass and scale; 3.2. Architectural Variety. Duplication of houses having the same architectural design features on the front elevation of other houses located within two hundred feet of each other shall make provisions for architectural variety by using different colors, roof treatments, window treatments, garage door treatments, and methods; 4.3. Minimum Gross Livable Area. One thousand two hundred square feet, excluding the garage, as measured from the exterior walls of the dwelling; 5.4. Bedroom Dimensions. A minimum ten-foot clear width and depth dimensions, as measured from the interior walls of the room; 6.5. Bathrooms. There shall not be less than one and one-half baths in one- or two-bedroom dwellings, and not less than one and three-quarter baths in dwellings with three or more bedrooms; 227 36 7.6. Exterior walls shall be cement plaster and may be accented with stone, brick, wood, or other similar materials; 8.7. Sloping roofs on new homes shall be constructed of clay, or concrete tile. Replacement of existing roofs shall also require the use of clay, or concrete tile, unless the planning directorDirector determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home (All properties listed on the city’s historic building survey shall be exempt from this requirement); 9.8. Landscaping. All front and exterior side yards shall be landscaped to property line; 10.9. The landscaping shall include trees, shrubs and ground cover of sufficient size, spacing and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the manual on architectural standards and the manual on landscape standards as adopted by the planning commission; 11.10. An irrigation system shall be provided for all areas required to be landscaped; 12.11. The landscaping shall be continuously maintained in a healthy and viable condition; 13.12. Screening. Refuse containers and bottled gas tanks shall be concealed by view-obscuring fencing or walls; 14.13. Underground Utilities. All electric services, overhead wires, or associated structures must be installed underground; 15.14. Lighting. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties and shall comply with the dark sky ordinance; 16.15. Fencing. Rear and side yards shall be completely enclosed and screened by view-obscuring fencing, walls, or combinations as illustrated in the manual on architectural standards; 17.16. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street; 18.17. When there is a combined retaining and garden wall, and the retaining wall exceeds three feet, the garden wall shall not exceed five feet in height; 19.18. Parking shall be provided in accordance with Chapter 9.150, Table 9-11 (Parking for Residential Land Uses). (Ord. 505 § 1, 2012; Ord. 361 § 1 (Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998) 228 37 9.50.100 RL district property subdivision development standards, ten acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of twenty thousand square feet shall be required, unless: a. The proposed subdivision establishes a minimum of twenty residential lots. The open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the twenty-five percent open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than ten thousand square feet in size. 3. A landscaped parkway of thirty feet in depth shall be required on all arterial streets. 4. All other development standards of the RL district, including, but not limited to, setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The city’s official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 489 § 1, 2011; Ord. 440 § 2, 2007) Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS 229 38 9.60.010 Purpose and intent. This chapter sets forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the regulations for residential uses set forth in Chapter 9.30 through 9.50. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.020 Signs and parking. Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.030 Fences and walls. A. Purpose. Definition. For purposes of this section, “fence” or “wall” means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms “fence” and “wall” are used interchangeably in this section to mean any or all of the preceding structures. A.B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. 230 39 In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to forty-eight inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences less than thirty inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences thirty inches or more apart shall be considered separate structures and their heights shall be measured independently. The director may require that the area between such fences be provided with permanent landscaping and irrigation. B.C. Fence Heights. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be twelve feet. 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side with the exception of the RC district (see Section 9.30.040). 3. Setback Areas Bordering Streets, Alleys and Other Accessway. a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the required front setback area (measured from the street right-of-way) and six feet within any rear or side setback area adjoining a public street. b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet. c. Arches or trellises up to nine feet in overall height, two feet in depth, nine feet in exterior width and five feet interior width may be constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design. The Director may refer arch designs exceeding the standard to the pPlanning Commission for approval. 231 40 d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of subsection (C)(4) of this section. e. City- or state-required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the director. 4. Adjacent to a Nonresidential Zone or Use. The maximum fence height between a residential zone or use and a nonresidential zone or use shall be eight feet. a. The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum height of thirty inches within the triangular area formed by drawing a straight line: i. Between two points located on and twenty feet distant from the point of intersection of two ultimate street right-of-way lines. ii. Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right- of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than twelve feet wide. b. For purposes of this code, “point of intersection” means the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. c. The height restrictions of this subdivision shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. C.D. Gates. 1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this section and provided any wood used is 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. Wood gates over thirty-six inches wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of a solid opaque material. 232 41 2. Width. Pedestrian gates shall not exceed five feet in width, except that gates may be any width within sideyard setbacks of at least twelve feet. D.E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Wood and Vinyl Fencing. a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood and vinyl or similar recycled fencing materials are permitted in rear or interior side yards only, and only if not visible from the street. Wood-framed fencing with a stucco finish is a permissible in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Gates may be of wood in any location provided they comply with the standards of this section. b. 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. All vinyl or similar recycled fencing material shall be constructed of an aluminum-reinforced non-reflective material that contains antistatic and UV-radiation inhibiting additives. d. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches redwood, pressure-treated lumber, tubular steel or block and installed per the Uniform Building Code. e. Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four feet and three feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non-wood products that have the appearance of split rail. A building permit shall be obtained prior to construction. 2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure. 233 42 3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the director. 4. Material Combinations. Combinations of two or more of the preceding materials may be used provided that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear a nd interior side yards and only when not visible from the street. E.F. Fence Landscaping and Maintenance. 1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner. 2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty days after receiving notice from the city to repair a wall or fence. The building official may grant an extension to such time period not to exceed sixty days. F.G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.020. Said minor use permit shall not be approved until a permit for grading, or construction, has been filed for, whichever comes first. G.H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall be regulated by the provisions of Section 9.140.060 (Equestrian overlay regulations) where the keeping of horses is permitted. H.I. Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its nonconformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. (Ord. 466 § 1, 2009; Ord. 378 § 1 (Exh. A), 2002; Ord. 36 1 234 43 § 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exhs. A, B) (part), 1996) 9.60.040 Patio covers, decks and play equipment. A. Applicability. For purposes of this section, the term “patio covers, decks, and play equipment” includes any type of yard structure other than a building or a carport. Such structures include but are not limited to open and solid patio covers, gazebos, trellises, arbors, and to play equipment which is more than eight feet in height. All such structures shall be “open” (no side walls) and are referred to in this section as “yard structures.” Enclosed structures shall be considered accessory buildings (see Section 9.60.050). Uncovered decks and other structures less than eighteen inches above finish grade shall not be subject to the provisions of this section. B. Standards. Patio covers, decks, gazebos, play equipment or other yard structures, attached to or detached from the main building shall comply with front and side yard setbacks for the main building and the following requirements: 1. The location of decks shall be governed by the standards for wall projections in Section 9.50.060. 2. No yard structure shall be more than twelve feet in height. 3. Yard structures shall not be constructed or established in the panhandle portion of a panhandle or flag lot. 4. No yard structure shall be located less than five feet from any adjacent residential lot or from any rear property line adjacent to a public or private right-of-way. 5. No yard structure shall be located less than three feet from any rear property line adjacent to any common use easement or open space or recreational area which is at least ten feet deep. 6. Eaves or roofs may overhang into the required setback a maximum of eighteen inches. Setbacks shall be measured from the nearest supporting member of the structure to the property line or, if the property line is at the toe of a slope, from the top of the slope. 7. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. 8. Wood lattice cross-members in patio covers or trellises shall be of minimum nominal two inches by two inches material. 9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more than fifty percent of the rear 235 44 area required setback. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.045 Barbeques, waterfalls, fountains, fireplaces and similar structures. A. Applicability. Permanently installed freestanding barbeques, waterfalls, fountains, fireplaces and similar structures such as permanently installed tables and benches, etc., may be constructed on a residential lot containing a primary residence. B. Standards. Freestanding barbeques, waterfalls, fountains, fireplaces and similar structures shall comply with the following requirements: 1. Said construction of structures, except freestanding fireplaces, are allowed within the required front, side, or rear setbacks, including adjacent to a property line. In side yard areas, a single clear passageway of five feet wide shall be provided. 2. Allowed construction of structures shall not be attached to property line walls or fences, and shall meet all required distance clearances (i.e., for barbeques, fireplaces). 3. Within five feet of any property line, the height of the feature or construction shall not exceed the height of the closest wall or fence. If no wall or fence exists, the construction or feature shall not exceed the height of the wall allowed along the property line in question. 4. Outdoor fireplaces shall not be closer than five feet from a property line, except when adjacent to permanent open space such as a golf course, common landscape or hardscape area, drainage channel, etc., in which case it may be within three feet of the property line. The height of the chimney may be up to six feet unless required to be higher to comply with building code requirements. In such cases, the height shall not be higher than the minimum height required. (Ord. 361 § 1 (Exh. A)(part), 2001) 9.60.050 Storage and other accessory buildings. A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted on a residential lot containing a primary residence subject to the requirements of this section. (Carports and garages are regulated separately by Section 9.60.060, patio covers by Section 9.60.040, swimming pools and spas by Section 9.60.070, and recreational vehicle parking by Section 9.60.130.) B. Drainage from Roofs. Accessory buildings shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. 236 45 C. Lot Coverage Maximums. The placement of accessory buildings on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. D. Standards. Setbacks and Maximum Height. Detached accessory buildings shall conform to the following setback standards: Table 9-3 Standards for Detached Accessory Buildings Minimum Setback (ft.) Roof Area of Structure (sq. ft.) Maximum Height Separation from Main Building Front Yard Interior Side Yard Exterior Side Yard Rear Yard 0—100 10 5 20 3.5 10 3.5 101—200 10 5 20 5 10 5 201+ 17 10 Same as for main building (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exhs. A, B) (part), 1996) 9.60.060 Garages and carports. A. Height. The maximum structure height shall be fourteen feet for a detached carport and seventeen feet for a detached garage, except that garages may be up to twenty-eight feet in height if a second dwelling unit complying with the provisions of Section 9.60.090 is located above the garage. B. Setbacks. 1. In the RVL district, the minimum garage or carport setback shall be thirty feet. In all other residential districts, the minimum setback for front-entry type garages or carports shall be twenty-five feet if a standard “pivot” type garage door is used, twenty feet if a “roll-up” type garage door is used, and twenty feet for a carport. For side- entry type garages, the minimum garage setback shall be twenty feet in the RVL district and fifteen feet in all other residential districts. A side-entry garage designed as tandem parking, when permitted under this code, shall not be located along any street frontage. The conversion of side-entry garages to habitable area is only permitted if the side-entry garage conforms to the minimum garage setback for a front-entry type garage. 2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway. 237 46 C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. (Ord. 505 § 1, 2012; Ord. 284 § 1 (Exh. A), 1996) 9.60.070 Swimming pools. A. Applicability. The provisions of this section shall apply to any outdoor swimming pool, whirlpool, spa (in-ground or above-ground), or open tank or pond containing or normally capable of containing water to a depth of eighteen inches or more at any point. For purposes of this section, the term “pool” means all or any of the foregoing facilities. B. Standards. Pools are permitted as accessory uses in residential districts subject to the following requirements: 1. Location. Pools shall be located at least three feet (measured from water’s edge) from any property line. No adjustments to this minimum shall be approved, with the exception of private gated communities where any property line is adjacent to common open area. 2. Filtering and Heating Equipment. Use of equipment shall comply with the following requirements: a. Mechanical pool equipment such as a pump, filter, or heater, may be located within the front or rear yard areas. The equipment shall be enclosed on at least three sides by a masonry wall with an open side not visible to the street. b. Mechanical pool equipment may be in an area between the side property line and the residence provided a five-foot side yard, clear of any permanent obstructions is maintained between the side yard property line and any mechanical pool equipment. c. Where there is no side property line wall, mechanical pool equipment may be in a side yard of five feet or less only if a recorded easement in perpetuity exists for the subject property to use the adjacent side yard of the abutting property for access and a minimum five feet distance between the equipment and adjacent obstruction (i.e., building wall) is provided. 3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the city’s building code Chapter 8.06, state law and other applicable laws and ordinances. 4. Screening shall be provided as required in Section 9.60.140(B)(2). (Ord. 361 § 1 (Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.60.075 Ground mounted mechanical equipment. Use of equipment shall comply with the following requirements: A. Ground mounted mechanical equipment such as air conditioner condensing units, water softeners, etc., may be located within the rear 238 47 yard areas. For lots of five thousand square feet or less, said equipment can be in the front yard if there is a wall around the yard, or it is screened by a masonry wall. B. Where there is no side yard property line wall, mechanical equipment may be in an area between the side property line and the residence provided a five-foot side yard, clear of any permanent obstructions is maintained between the side yard property line and any mechanical equipment. C. Mechanical equipment may be in a side yard of five feet or less only if a recorded easement in perpetuity exists for the subject property to use the adjacent side yard of the abutting property for access and a minimum five feet distance between the equipment and adjacent obstruction (i.e., building wall) is provided. (Ord. 361 § 1 (Exh. A), 2001) 9.60.080 Satellite dish and other antennas. A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of this section shall be permitted as accessory structures within any residential district. B. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Wireless Telecommunication Facilities). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section 9.100.070. C. Permitted Noncommercial Antennas (See Chapter 9.170). Noncommercial privately owned television and/or radio antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building; and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR Section 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas 239 48 shall not exceed the maximum building height for the district as specified in Section 9.50.030. 3. Ground-Mounted Antennas. a. Location. All ground-mounted antennas shall be located within the rear yard or may be located within an interior side yard if not within the required side yard setback. Such antennas are prohibited from exterior street side yards unless not visible from the street. All antennas over six feet in height shall be set back a minimum of ten feet from all property lines. b. Screening. Ground-mounted satellite dish antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off-white, dark green, brown, gray or black). c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on any patio or deck. 4. Building-Mounted Antennas. Roof-mounted and other building- mounted antennas are prohibited in all residential districts if over twenty-four inches in diameter unless completely screened from horizontal view via a parapet wall or other feature which is integrated into the architecture of the building. D. Exempt Antenna: Amateur radio antennas. (Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.60.090 Second residential units. A. Purpose. This section provides standards and criteria for the establishment of second units within residential districts, consistent with California Government Code Section 65852.2. Second units shall be permitted only in the RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. See Chapter 9.280. C. Standards for Second Units. The following standards shall apply to second units: 1. A second unit shall be consistent with the provisions of the applicable zoning district in which it occurs. 240 49 2. A second unit shall only be permitted on a lot in which the primary unit and all other structures thereon conform to all minimum requirements of the applicable zoning district. 3. The lot shall contain an existing primary unit at the time an application for a second unit is submitted, or the application for the second unit may be made in conjunction with the development of the primary unit. 4. The owner of the lot shall reside on the lot, either in the primary unit or in the second unit. Prior to issuance of occupancy approval of the second unit, the property owner shall enter into a restrictive covenant with the city regarding such owner-occupancy requirement on a form prepared by the city, which shall be recorded against the property. Such covenant shall further provide that the second unit shall not be sold, or title thereto transferred separate from that of the property. If the owner ceases to reside on the property, use of the second unit shall be discontinued (a) if it is an attached second unit, the unit shall be converted into a portion of the primary unit, or (b) if it is a detached second unit, the unit shall be removed or converted to a legal use. The director may grant temporary relief from this owner-occupancy requirement. 5. The maximum gross floor area of second unit shall not exceed thirty percent of the square footage of the primary unit or one thousand two hundred square feet whichever is less. 6. The minimum gross floor area of a second unit shall be four hundred square feet. 7. A second unit shall have no more than two bedrooms. 8. The total gross floor area of all covered structures, including an attached second unit, shall not exceed the lot coverage area as prescribed by the applicable zoning district. 9. The second unit shall be architecturally compatible with the primary unit. 10. No attached second unit shall cause the height of the primary unit to exceed the height limitation for the applicable zoning district. If the attached second unit is not located above any portion of the existing primary unit, the maximum height of such unit shall not exceed the height of the primary unit. 11. A detached second unit shall not exceed seventeen feet in height nor more than one story. 241 50 12. An attached second unit may have a separate entrance; provided, however, in no event shall any external stairwell be placed within the front or side yard setback. 13. A second unit shall contain separate kitchen and bathroom facilities, and shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services. 14. All attached second units shall be equipped with approved smoke detectors conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in an area giving access to rooms used for sleeping purposes. 15. In addition to the required parking for the primary unit, a minimum of one additional off-street parking space shall be provided on the same lot that the second unit is located. One parking space shall be provided for each studio unit, in accordance with the applicable parking regulations. No variance or adjustment shall be granted to allow substandard parking spaces or locations. 16. All construction, structural alterations or additions made to create a second unit shall comply with current building, electrical, fire, plumbing and zoning code regulations. 17. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail. 18. The applicant shall pay to the city all applicable fees imposed on such new development. 19. The director may add other conditions, consistent with general law and applicable state and city standards, as necessary to preserve the health, safety, welfare and character of the residential neighborhood; provided, however, that such conditions shall not unreasonably restrict the ability of an applicant to create a second unit. (Ord. 445 § 2, 2007: Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.100 Guesthouses. A. Purpose. This section provides standards and criteria for the establishment of guesthouses where such units are permitted in accordance with Section 9.40.040. B. Definitions. See Chapter 9.280. C. Limitations. One guesthouse may be established on any single-family residential lot as a permitted accessory use. In the cove residential, 242 51 medium density residential, medium-high density residential and high density residential zones, only one guesthouse may be permitted on a lot, unless otherwise approved through a specific plan. In the very low density residential and low density residential zones, more than one guesthouse may be permitted with Community Development DirectorDirector approval. D. Standards for Guesthouses. Guesthouses shall not be permitted when duplexes, triplexes, or apartments occur on the lot. All guesthouses shall conform to the following standards: 1. Detached guesthouses shall conform to all applicable building code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guesthouse shall not exceed seventeen feet and shall not be more than one story. 2. Guesthouses shall be architecturally compatible with the main unit. 3. The floor area of the guesthouse shall not exceed thirty percent of the existing living area of the principal residence. 4. The placement of a guesthouse on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 5. A guesthouse shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guesthouse shall not be rented or otherwise occupied separately from the main residence. 6. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guesthouse to a rental unit or to a unit for sale 7. If a private sewage disposal system is used, approval of the local health officer shall be required. 8. When constructed with tract homes or prototypical residential units, guesthouse location and design shall be reviewed and approved as a part of the site development permit process. On an individual single-family lot of record, guesthouses shall be reviewed and approved for conformance with these provisions during the building permit plan check process. (Ord. 480 § 1, 2010; Ord. 445 § 3, 2007; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exhs. A, B) (part), 1996) 9.60.110 Home occupations. A. Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential 243 52 neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the director of building and safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this section. Additional information necessary to make the findings required for approval may be required by the city. C. Use and Development Standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the principal dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. Exception: Musical 244 53 instruction and academic tutoring where not more than two students are present at the residence at the same time shall be permitted. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. D. Revocation or Suspension of Permit. The director of building and safety may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in subsection C of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. (Ord. 418 § 1 (Exh. A), 2005: Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.115 Cottage food operations. A. Purpose. The cCity cCouncil has adopted the following provisions to establish minimum development standards and requirements for cottage food operations, as defined in California Health and Safety Code Section 113758. Cottage food operations are permitted in all residential zones, subject to the standards listed in this Section. By so doing, iIt is the cCity cCouncil’s intent to provide appropriate land use and zoning standards for cottage food operations to be established in residential neighborhoods, under conditions that these uses shall not alter or disturb the character of the surrounding residential environment regarding spacing and concentration, traffic control, parking, and noise control. The standards and requirements set forth in this Section are therefore established toward ensuring protection of the public health, safety and general welfare. B. Definitions. See Section 9.280 1. For the purpose of this Section, a “cottage food operation” means an enterprise wherein an individual prepares and packages non- potentially hazardous foods in a primary residential dwelling unit, which serves as his or her private residence, said foods being for 245 54 the direct and/or indirect sale to consumers, and that does not have more than one full-time equivalent employee, and generates not more than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014; 3) $50,000 in gross annual sales in 2015 and beyond as identified in California Health and Safety Code Section 113758. 2. For the purpose of this Section, a primary residential dwelling unit means a main dwelling or primary residence, as defined in Section 9.280.030. 3. For the purpose of this Section, “not potentially hazardous foods” are defined as those foods listed in Health and Safety Code Section 114365.5, and as adopted and posted on the California Department of Public Health’s Internet website. 4. All other definitions related to cottage food operations as set forth in California Health and Safety Code Section 113758 are hereby incorporated by reference, as currently enacted and as may hereafter be amended. C. Decision-Making Authority. Cottage food operation permits shall be reviewed administratively through the Minor Use Permit application process by the Community Development Director, or his/her designee, pursuant to the requirements and standards set forth in this Section. D. Permit Required and Compliance with Permit. Cottage food operations shall be permitted in any residential zoning district , subject to conformance with the standards of this Section. with approval of a minor use permit application, in accordance with the procedure established in Section 9.210.020 and the requirements and standards set forth in Section 9.60.115.E . The permit applicantoperator of the cottage food operation shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottage food operation. The permit shall be attached to the property address and is not transferable to another operator or address. 1. A minor use permit for a cottage food operation shall be granted if the application is complete andpermitted if the cottage food operation complies with the requirements set forth in this Chapter, and the underlying zoning district, and all other Municipal Code provisions regarding spacing and concentration, traffic control, parking, and noise control. 2. If a minor use permit for a cottage food operation is approved, conditions may be placed on the permit to mitigate or eliminate 246 55 adverse impacts on surrounding properties and/or residents. Any use or activity authorized under said permit shall be in compliance with any conditions of approval shown on and/or attached to the approved permit, inclusive of the requirements of Section 9.60.115.E. Failure to comply with the applicable requirements and conditions of approvalstandards may result in revocation of the permittermination action by the City. 3. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and ismust be the owner of the cottage food operation. a. If the permit applicantoperator is not the owner of the property on or in which the cottage food operation will be conducted, the property/dwelling owner’s written authorization must be provided. b. If the property on or in which the cottage food operation will be conducted is part of an active homeowners association, the permit applicantoperator shall provide written authorization by the homeowner association to conduct the cottage food operation from the property. E.D. Required FindingsDevelopment Standards. The findings as set forth in Section 9.210.020.F for approval of a minor use permit shall be made if the Community Development Director determines that the standards set forth in this Section have been or will be satisfied. These standards consist of the following: 1. The cottage food operation shall be registered or permitted as a “Class A” or “Class B” operation by the Riverside County Department of Environmental Health, in accordance with Riverside County Ordinance 916 and Section 114365 of the California Health and Safety Code. Evidence of said registration or permit issuance by the County shall be provided to the Community Development DepartmentCity prior to issuance of a City of La Quinta business license. 2. All cottage food operations shall require a City of La Quinta business license to be procured subsequent to, and in compliance with, approval of the minor use permit application and associated conditions of approval. 3. The cottage food operation shall be clearly incidental to the use of the structure as a dwelling unit, and shall not create dust, noise or odors in excess of that normally associated with residential use. 247 56 4. The cottage food operation shall not generate pedestrian or vehicular traffic in excess of that normally associated with residential use. 5. No direct sales or service from the residence or property on which the residence is located in permitted. The cottage food operation shall not be the point of customer pickup or delivery of products or services, nor shall a cottage food operation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 6. Where a cottage food operation is permitted in a legal non- conforming residence, the cottage food operation shall not cause any such non-conforming situation(s) to be increased. 7. The cottage food operation shall be conducted solely within a primary residence. 8. No sign(s) identifying the cottage food operation shall be permitted to be posted or displayed on the premises, nor on or within anything located on the premises, except as may be required by any federal, state, and/or local permitting agency. Neither the dwelling nor the property shall be altered to appear other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 9. No more than one (1) cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), shall be employed by the cottage food operation, not including any residing family or household member. 10. A minor use permitbusiness license issued under this Section may be revoked for any violation of this Section or of Section 114365 et seq. of the California Health and Safety Code. The city may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the city has, on the basis of any complaint(s), reason to suspect that the cottage food operation has violated the provisions of this Section and/or California Health and Safety Code Section 114365 et seq. Furthermore, the City may also conduct routine periodic inspections to ensure compliance with the provisions and conditions of the cottage food operation’s minor use permit and City business license. 9.60.120 Pets and other animals. In addition to the required setbacks for structures set forth in this code for the applicable zoning district, all pens, cages (except dog runs), and other structures 248 57 specifically for keeping animals overnight, other than in the residence, shall be located at least fifty five feet from any adjoining existing residential structure, or, if no residential structure exists, at least fifty feet from such areas where a residential structure may be legally located. Such areas may be defined by any combination of zoning setback requirements, easements or recorded CC&Rs. Notwithstanding the provisions of this section, the keeping of horses shall be regulated by Section 9.140.060 (Equestrian overlay regulations). (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.130 Recreational vehicle parking. A. Intent. It is the intent of this section to provide for the orderly storage of recreational vehicles. It is intended to supplement any applicable state and/or local regulations which may be applicable. B. Purpose. Recreation vehicles may be parked or stored on residentially zoned property only in accordance with the provisions set forth in this section. Recreational vehicles parked within a validly established recreation vehicle storage facility are exempt from the requirements of this section. C. Definition. See Chapter 9.280. Passenger vans which have been converted for use as a recreational vehicle and do not exceed nine feet in height are exempt from this section. This section shall not apply to commercial or construction vehicles which are regulated by Sections 12.32.110—12.32.130. D. Storage of RVs. 1. Street Parking. No RV shall be parked, or stored, for more than seventy-two consecutive hours or for a combined total exceeding seventy-two hours during any seven-day period, at any public street location or combination of public street locations within the city. 2. Storage on Residential Property. No person shall store, park, or maintain any RV or parts thereof in any required front yard area of any property zoned RVL, RL, or RM. The recreational vehicle or parts thereof may be stored or parked in a side or rear yard provided that a lawfully installed and permanently maintained solid wall or fence six feet in height screens such RV, or parts thereof from abutting property and from the public right-of-way. The area in which the RV is parked or stored, must be paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. Areas containing grass or native soil are not approved for the parking or storage of RVs. RVs may be parked or stored in the front, side, or rear yards of residential properties located in the RC zone; provided, that the area in which the RV is parked or stored is paved with concrete, asphalt, gravel, or similar materials, and must extend to the width 249 58 and length of the RV. A property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park only their RV on said lot with appropriate pad. Areas containing grass or native soil are not approved for the parking or storage of RVs. RVs parked in the driveway or immediately adjacent to and parallel to the driveway, may encroach into the right-of-way, provided that no part of the RV extends over any sidewalk, curb, or travelway. E. Storage on Commercial Property. The storage of RVs is prohibited on commercially zoned property unless it is in a validly established RV storage, sales, or repair facility. F. Habitation. Habitation of any RV legally parked or stored, is not to exceed seventy-two hours or for a combined total exceeding seventy- two hours during any seven-day period, at any location or combination of locations within the city. G. Utilities. Legally parked or stored RVs may be connected to an approved source of electricity in conformance with the National Electric Code. Except for in a legally established RV park, water and sewer connections cannot be made to any RV unless it is for temporary maintenance purposes. No generator may be used in any RV parked or stored in the city unless it is for temporary servicing or during a lapse of commercial electrical power in the area in which the RV is located. H. RV Maintenance. It is unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any RV that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any RV shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated. I. Enforcement. 1. Any violation of this section which occurs in the public right-of-way is declared a public nuisance and is subject to citation and/or removal at the owner’s expense. 2. Any violation of this section which occurs on private property is declared a public nuisance and is subject to citation and/or formal abatement procedures as contained in Chapter 11.72 of the La Quinta Charter and Municipal Code. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 301 § 2, 1997) 9.60.140 Screening. A. Parking Area Screening. Screening of common parking areas shall be provided for all residential projects in accordance with the requirements for nonresidential uses in Section 9.100.050. B. Equipment Screening. 250 59 1. Roof-Mounted Equipment. Roof-mounted utility and mechanical equipment, including but not limited to air conditioning, heating, restaurant exhaust fans, electrical elevator structures, roof accesses, etc., may be permitted only as follows: a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. Screening shall be an integral part of the roof design and not appear as an afterthought. b. Such screening shall be provided so that the highest point of the equipment is below the surrounding architectural feature and is screened from view to a minimum horizontal sight distance of one thousand three hundred twenty feet as viewed from a point five feet above finish grade, whichever provides the most screening. c. Roof-mounted equipment shall be screened from view of surrounding two-story (or more) residential development and, where feasible as determined by the city, from two-story commercial and other types of development. d. No equipment shall be placed on any sloped roof. 2. Ground-Mounted Equipment. Ground-mounted utility, mechanical, and pool, spa, or water feature equipment shall be screened from ground view of surrounding properties. Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. Equipment within unenclosed exterior side yards shall be screened by an opaque wall. 3. Solar Equipment. Solar heating equipment, whether roof- or ground-mounted shall be installed so that the underside of the equipment is not visible from surrounding properties. 4. Access Ladders. Wall-mounted exterior roof access ladders are prohibited unless screened from view by surrounding features. C. Facility Screening. Within multifamily and condominium projects, storage, trash and loading areas shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials or equipment shall be screened from public view as required by Section 9.100.120 110 (Outdoor storage and display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section 9.60.220. Decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain. 3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.150 Tennis and other game courts. 251 60 A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Section 9.40.040. Enclosed game courts shall comply with Section 9.60.050, Storage and other accessory buildings. All lighted game courts, where permitted, shall require approval of a minor use permit by the Community Development DirectorDirector or conditional use permit by the planning commission processed in accordance with Section 9.210.020. B. Development Standards. Game courts shall meet the following minimum development standards: 1. Fences. A maximum twelve-foot-high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, nonreflective screening material. If the fencing is chain link, it shall be vinyl-coated or painted in a dark color such as dark green or black. 2. Setbacks. Minimum setbacks from property lines for game courts shall be: a. Front yard: twenty feet. b. Side yard: ten feet. c. Rear yard: ten feet. The preceding minimum setbacks shall be increased by three feet for every foot of abutting court fence height over eight feet. In addition, if the setback from any side or rear property line is less than thirty feet, the finish grade of the court shall be a minimum of four feet lower than the finish grade at the applicable side or rear property line. 3. Lighting. Game court lighting shall conform to the requirements of Section 9.60.160 (Outdoor lighting). In addition, a maximum of eight lights (i.e., eight individual light sources) shall be permitted and mounting standard height shall not exceed eighteen feet measured from the court surface. Courts shall not be lighted after ten p.m. 4. Glare. The surface area of any game court shall be designed, painted, colored and/or textured to reduce the reflection from any light source. 5. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the Community Development DirectorDirector, and implemented at the same time as court construction. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.160 Outdoor lighting. 252 61 All residential land uses shall conform to the nonresidential outdoor lighting standards of Section 9.100.150. In addition, residential lighting shall comply with the following requirements: Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions of Section 9.60.150 for lighted game courts. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.170 Special outdoor events. A. Outdoor Special Events. Within residential districts, special outdoor events shall include, but are not limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, and large neighborhood or community gatherings in temporary outdoor facilities. B. Standards. Special outdoor events are permitted in residential districts as indicated in Table 9-1 provided the following requirements are met: 1. Approval of a minor temporary use permit shall be required for events to be attended by more than fifty people, including participants and spectators. 2. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights-of-way may require an encroachment permit issued by the public works director. 3. AThe maximum of three events may be permitted at a single private property parcel for aand the period for each event shall not to exceed three ten consecutive days. Events conducted by a single permittee or group which occur more than twice three times in a calendar year are not considered temporary and shall not be eligible for a minor temporary use permit. 4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required. 5. Applications for permits or certificates required by subsections A and B of this section shall be referred by the Planning Division to other affected departments, cities or public agencies as may be appropriate for review and comment. 6. Signs for the event shall be allowed as follows: a. Maximum of one temporary banner per street frontage, not to exceed thirty-two square feet. 253 62 b. Maximum one temporary portable sign on- or off-site on private property, not to exceed fifty-five square feet. c. 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. d. Maximum fifteen bunting signs, with maximum size to be approved by the Director. e. Posting period, locations and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags and A-frame signs are prohibited. 7. Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the director, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. (Ord. 299 § 1 (part), 1997; Ord. 293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.180 Manufactured housing and mobilehomes. A. Purpose. This section is intended to provide standards and criteria for the placement, design, and construction of manufactured, modular and mobilehomes in residential districts consistent with Section 65852.3 et seq. of the State Government Code. B. Definition. See Chapter 9.280. For the purposes of this zoning code, the terms “manufactures home” “modular home” and “mobilehome” shall mean the same thing, that is: a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this section. C. Mobilehome Parks. In accordance with Section 65852.7 of the State Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be as follows: minimum thirty percent common open area and minimum perimeter setbacks of twenty feet at any point and twenty-five feet average over the entire perimeter. 254 63 D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq. of the State Government Code, individual mobilehomes may be permitted as permanent or temporary dwellings on single-family lots within the RVL, RL, RC, RM, and RMH districts. E. Minor Use Permit Required. Approval of a minor use permit by the planning commission shall be required prior to the placement of a manufactured home on a single-family lot subject to the provisions of Section 9.210.020. The permit shall not be approved unless the Community Development DirectorDirector finds that the dwelling meets the same development standards as provided for single-family homes for each district as set forth in Chapter 9.50 and elsewhere in this code in addition to the standard findings for approval of a site development permit per Section 9.210.010. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.190 Child careChild daycare facilities. A. Purpose. The purpose of this section is to provide standards for the establishment and operation of child carechild daycare facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division 2 of the State Health and Safety Code. B. Small Child-Care Facilities. Child-care facilities serving eight or fewer children are permitted in all residential districts except the RH district. Such facilities shall conform to the following requirements: 1. All facilities shall be equipped with fire extinguishers, smoke detectors and other fire safety equipment as specified by the fire marshal and/or state regulations. 2. All facilities shall be licensed and operated in accordance with state, county and local health, safety and other regulations. 3. All parking and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150 and Section 9.60.160, respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located, as set forth in Section 9.50.030. 5. All outdoor play areas shall be fully enclosed by a minimum five- foot high fence which conforms to the standards of Section 9.60.030 (Fences and walls). No such play area shall be provided where fences are limited to less than five feet in height. C. Large Child-Care Facilities. Child-care facilities serving nine seven to fourteen children are permitted in all residential districts except the RH 255 64 district if a minor use permit is approved. Such facilities shall conform to the preceding requirements for small child-care facilities plus the following: 1. A minor use permit approved by the Community Development DirectorDirector shall be required to establish a large child-care facility in accordance with Section 9.210.020. In addition, all facilities shall comply with this section and with any additional requirements imposed as part of the use permit or of any other applicable permit. 2. No large child-care facility shall be approved on a parcel which is within five hundred feet of another parcel which either already contains such a facility or which has a valid permit for such a facility. 3. All outdoor play areas shall be fully enclosed by a minimum five- foot high fence which conforms to the standards of Section 9.60.030 (Fences and walls). No such play area shall be provided where fences are less than five feet in height. 4. Outdoor activities shall be limited to between the hours of nine a.m. and seven p.m. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 256 65 9.60.200 Senior citizen housing. Purpose. The purpose of this section is to provide standards for the establishment and operation of senior citizen housing facilities consistent with Sections 1568.083 et seq. and 1569.85 of the State Health and Safety Code. Senior Citizen Residences. Senior residences, i.e., those with six or fewer residents, shall conform to the following requirements: All facilities shall be equipped with fire extinguishers, smoke detectors and other fire safety equipment as specified by the fire marshal and/or state regulations. All facilities shall be licensed and operated in accordance with state, county and local health, safety, and other regulations. All signs, parking and outdoor lighting shall comply with the applicable regulations set forth in this code. All facilities shall comply with the development standards of the residential district in which they are located as set forth in Section 9.50.030. Senior Group Housing. Senior group housing facilities, i.e., those with seven or more residents, may be permitted in RMH and RH residential districts subject to approval of a conditional use permit by the planning commission. Such facilities shall conform to the preceding requirements for senior citizen residences plus the following: Residential occupancy shall be limited to single persons fifty-five years of age or over or married couples with at least one spouse fifty-five years of age or over. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barbershop and a pharmacy not exceeding one thousand square feet in floor area. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.210 200 Temporary Construction and guard offices. The temporary placement of a trailer, recreational vehicle or other relocatable building, or the temporary use of a permanent structure on an active construction or grading site to serve as a construction and/or guard office, and the establishment of a materials and equipment storage yard, may be permitted with a grading or building permit subject to approval of a minor use permit processed in accordance with Section 9.210.020 and the following requirements: A. The office shall not be moved onto the site or otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of a building permit. 257 66 B. Any temporary use and/or structure shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. C. Any permanent structure or portion thereof devoted to a temporary use shall be converted to a permanent permitted use prior to the issuance of a certificate of occupancy for the last new building on the site. D. The use of a recreational vehicle as a construction or guard office shall require approval of a minor use permit by the director in accordance with Section 9.210.020. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.210 Trash and recyclable materials storage. All condominium and multifamily projects shall comply with the nonresidential trash and recyclable materials storage requirements of Section 9.100.200. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.220 Noise control. Residential land uses shall comply with the nonresidential noise control standards set forth in Section 9.100.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.230 Landscaping and open area. A. General Requirement. All multifamily, single-family attached and specific plan projects shall include both perimeter landscaping and common open area in accordance with the standards of this section. Perimeter landscaping shall not count toward common open area requirements or vice versa. B. Perimeter Landscaping. Perimeter landscape setbacks shall be installed to the depth specified in Section 9.50.030 (Table of development standards). Rights-of-way, parking areas, private patios and private yards shall not count toward the perimeter landscaping requirement. B. C. Common Open Area. Common open area shall meet the percent of net project area standards specified in Section 9.50.030 (Table of development standards). Common open area shall consist of passive landscaped and active recreation area. Rights-of-way, parking areas, private patios, private yards and slopes steeper than twenty percent shall not count toward the common open area requirement. D. Active Recreation Area. At least thirty percent of the required common open area shall be suitable for active recreational uses such as: swimming pool, spa and related facilities; clubhouse; tot lot with play equipment; court game facilities such as tennis, basketball or racquetball; improved softball or other playfields; or similar facilities for 258 67 active recreational use. Active recreation area shall not include any common area which is less than fifteen feet wide or less than three hundred square feet in area or which has an average slope gradient greater than five percent. E. Landscaping Standards. A landscape plan shall be prepared and implemented for all affected projects. Perimeter and common open area landscaping shall be installed and maintained in accordance with the following standards: 1. At intersections or corners of the following public or private streets, alleys, or driveways, the height of shrubs, planting, and other visual obstructions (such as boulders, etc.) shall be limited to a maximum height of thirty inches within the following triangular areas described in subsections a and b below: a. At a corner, the area formed on two sides by the straight portions of the intersection of the back of street curb or edge of pavement. The third side of the triangle is formed by drawing a line that is tangent to the intersection of the two closest property lines and creates a triangle of approximately equal length sides with the curbs or edge of pavement. b. Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of- way on the other if parkway width is less than twelve feet wide. c. For purposes of this code, point of intersection shall mean the intersection of the prolongation of the street curbs or edge of pavement, excluding any curved portion joining the two lines. d. Trees may be planted within this triangular area provided the bottom of the canopy (leafy branches) of the tree is at least four feet above finish grade of the street adjacent to the tree. However, trees shall not be planted in such numbers that their trunks create a visibility obstruction for vehicles or pedestrians. 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or other barrier at least six inches higher than the parking or vehicular area to prevent vehicular damage to the landscaped area. 3. All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas. F. Perimeter setback and parkway areas shall have undulating terrain. Seventy-five percent of the longitudinal length adjacent to the street shall have above curb-level berms and mounds exceeding two feet, but not more than three feet. The berms and mounds shall be undulated and fluctuating in position to accommodate the meandering sidewalk and shall cover not less than sixty-five percent of the 259 68 landscape setback area. No retention of stormwaters is allowed within the setback area other than incidental stormwater that falls on the setback. The maximum slope steepness shall not exceed four to one anywhere in the landscape setback area, and shall not exceed eight to one in the first six feet adjacent to the curb in the right-of-way. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.240 Model home complexes. A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales offices and related signage may be established if a minor use permit is approved in accordance with Section 9.210.020 and the following requirements are satisfied: 1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of twenty or more units. 2. The complex is located within the area of the project for which it is established. The temporary sales office shall not be located within one hundred feet of an existing dwelling unit which is not a part of the new project. 3. Notwithstanding other provisions of this code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described. 4. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved minor use permit: a. Model homes in compliance with the zoning regulations applicable to the properties that are being sold; b. Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold; c. Temporary sales office buildings or relocatable buildings; d. Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold; e. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold; f. Permanent streets and driveways that will be part of the project after the closure of the real estate office use; g. Temporary childrens playgrounds; h. Temporary and permanent fencing, walks and structural amenities; i. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests; j. Temporary vehicular accessways; k. Temporary landscaping. 260 69 B. Signs. Signs in connection with a temporary model home complex shall be permitted within a project subject to the following requirements: 1. Project identification signs are permitted at each street entrance and shall conform to the provisions of Section 9.160.070 (Permitted semipermanent signs): a. Sign area: maximum thirty-two square feet per sign and sixty- four square feet aggregate per project. b. Height: maximum ten feet. 2. The sign copy shall be limited to matters relating to the project within which the signs are located. 3. Time limits for display of signs shall be concurrent with that of the permitted model home complex. C. Flags. Flags in connection with a temporary model home complex may be permitted within a residential project subject to the following requirements: 1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. United States, state, and other similar flags shall count in the maximum of eight flags. 2. Height. Flag poles shall be a maximum of twenty feet in height on the perimeter of the project and sixteen feet in height in the interior. Pole heights shall be measured from finish grade at the nearest project perimeter. 3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The director shall provide applicants with diameter standards. 4. Size. Flags shall be a maximum of eighteen square feet in area on the perimeter of the project and twelve square feet in the interior. 5.4. Rigid Flags. Rigid flags, secured on more than one side, are prohibited. 6.5. Flag Copy. Commercial or advertising flag copy is prohibited. 7.6. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited. 8.7. Time Periods. Time limits for display of flags shall be concurrent with that of the permitted model home complex.Flags shall be approved by the director for an initial six-month period. The director shall review the installed flags prior to the end of that period. If the director determines that all standards and conditions have been met and that all flags have been properly maintained, the director may grant a time extension for an additional six months. If no such extension is approved, all flags must be removed upon expiration of the initial six months. D. Prohibited Advertising Devices. The following advertising devices or activities are expressly prohibited within or outside the project: banners, balloons, portable trailer signs, or human indicators. 261 70 E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision-making authority to be necessary or advisable to protect the public safety and the general welfare, together with a one thousand dollars cash deposit that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety days after the expiration of the permit or discontinuation of the use the permit is approved for. F. Time Limitations. A minor use permit for a real estate office may be approved for a maximum time period of one yeartwo years from the date of approval. A time extension of up to one year may be approved by the Community Development DirectorDirector if the director finds that all requirements of this section and all other city requirements and conditions have been met. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.250 Condominium conversions. A. Purpose. The purpose of this section is to: 1. Provide standards and criteria for regulating the conversion of rental housing to residential condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate; 2. Mitigate any hardship to tenants caused by their displacement; and 3. Provide for the public health, safety and general welfare. B. Applicability. The provisions of this section shall apply to all conversions of rental housing into condominiums, community apartments or stock cooperatives notwithstanding any other provision of this zoning code. C. Use Permit and Subdivision Required. All conversion projects subject to this section shall require approval of a conditional use permit in accordance with Section 9.210.020 and approval of tentative and final subdivision maps. D. Zoning and Subdivision Standards. Conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval; and (2) the applicable provisions of the subdivision code. E. Tenant Notification. Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows: 1. Existing Tenants. At least sixty days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicants agent shall give notice of such filing in the form set forth in Section 66452.9 of the State Subdivision Map Act to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum 262 71 of one hundred eighty days advance notice of the termination of their tenancy. 2. Prospective Tenants. At least sixty days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicants agent shall give notice of such filing in the form set forth in Section 66452.8 of the Subdivision Map Act to each person applying after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in Section 66452.8 of the Subdivision Map Act. 3. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Director that the notification requirements specified in subsections (E)(1) and (2) of this section have been or will be satisfied. F. Tenant Purchase Option. The property owner shall provide tenants with a ninety-day preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of ninety days after the commencement of sales and notification of the tenant of such right. G. Application Requirements. Each application for a conversion project shall be accompanied by the following in addition to the standard filing requirements for conditional use permit and subdivision applications: 1. Engineering Report. An engineering report on the general condition of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvements, if any. The report shall be completed to the satisfaction of the director, signed and dated by the director, and made available to prospective buyers if the conversion is completed. 2. List of Tenants. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within ten days after the filing of the application, the director shall notify each tenant of the application, forward a copy of the engineering report required by subsection (G)(1) of this section, and list the procedures to be followed. The director shall mail a notice of public hearing at least ten days before the hearing to each tenant on the mailing list. 3. Housing Program. Each application for a conversion project shall be accompanied by a housing program. The program shall include but not be limited to the following: a. The means by which the provision of affordable rental housing will be achieved (e.g., by maintaining affordable rental condominium units within the converted project or by providing affordable rental units elsewhere in La Quinta); 263 72 b. A housing report addressing the balance of housing in the immediate area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and renovations contemplated; c. A survey of existing tenants as to their length of occupancy and the number of those who express the intention of purchasing one of the units; and d. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The relocation plan shall also state what specific relocation assistance existing tenants will be given, such as costs relating to physically moving tenants and their possessions, first month’s rent in the tenant’s new unit, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the needs of elderly and disabled individuals, families with children, and other tenants who may encounter difficulty in finding a new residence. H. Affordable Units in Condominium Conversions. The provision of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the provisions of this section and of Section 9.60.270. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.260 Density bonuses for affordable housing. A. Purpose and Application. The purpose of this section is to (1) establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, (2) increase the production of affordable housing, consistent with the city’s goals, objectives, and policies and (3) implement the provisions of the city’s general plan housing element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the city’s jurisdiction, the city shall provide the applicant incentives or concessions for the production of housing units and child carechild daycare facilities as prescribed in this Section 9.60.270. B. Definitions. See Chapter 9.280. Also, the following definitions shall apply to this section: 1. “Applicant” means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and subsection C of this section. 2. “Housing development,” means one or more groups of projects for residential units in the planned development of the city. “Housing development” also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil 264 73 Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 3. “Qualified mobilehome park” means a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. 4. “Senior citizen housing development” means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code. 5. “Specific adverse impact” means any adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. C. Qualifications for Density Bonus and Incentives and Concessions. 1. The city shall grant one density bonus as specified in subsection G of this section, and incentives or concessions as described in subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: a. Ten percent of the total units of the housing development as affordable housing units affordable to lower income households; or b. Five percent of the total units of the housing development as affordable housing units affordable to very low income households; or c. A senior citizen housing development; or d. A qualified mobilehome park; or e. Ten percent of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development are offered to the public for purchase subject to the restrictions specified in this section. 2. As used in subsection (C)(1) of this section, the term “total units” does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus. 3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this section shall elect whether the 265 74 bonus shall be awarded on the basis of subsection a, b, c, d or e of subsection (C)(1). Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development’s status as a senior citizen housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined. 4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing. D. Continued Affordability. 1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the city to ensure and guarantee the continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for a period of thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner-occupied affordable housing units shall be available at an affordable housing cost. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder. b. The agreement shall also include the following provisions: i. The applicant shall grant the city the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant’s successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the city, confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very-low income households as adjusted by the Consumer Price Index; and iii. The city shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households. 266 75 2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income units that are related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. With respect to moderate-income units in a common interest development, the city shall require the applicant to enter and shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity- sharing agreement: a. Upon resale, the seller of the moderate-income unit in a common interest development unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code. b. For purposes of this subsection (D)(2), the city’s initial subsidy shall be equal to the fair market value of the moderate-income unit in a common interest development at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. c. For purposes of this subsection (D)(2), the city’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate-income unit in a common interest development at the time of initial sale. d. The applicant shall grant the city a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers. E. Incentives and Concessions. 1. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this section. The applicant may also request a meeting with the city to discuss such proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection D of this section (i.e., the applicant is unable to demonstrate that the waiver or 267 76 modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and Safety Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. c. The concession or incentive would be contrary to state or federal law. 2. If the conditions of subsection C and subsection 1 of this subsection E are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions: a. One incentive or concession for housing developments that include: At least ten percent of the total units affordable to lower income households; or at least five percent of the total units affordable to very low income households; or at least ten percent of the total units affordable to persons and families of moderate income in a common interest development. b. Two incentives or concessions for housing developments that include: At least twenty percent of the total units affordable to lower income households; or at least ten percent of the total units affordable to very low income households; or at least twenty percent of the total units affordable to persons and families of moderate income in a common interest development. c. Three incentives or concessions for housing developments that include: At least thirty percent of the total units for lower income households; or at least fifteen percent for very low income households; or at least thirty percent for persons and families of moderate income in a common interest development. 3. For the purposes of this section, available concessions or incentives may include any of the following: a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. 268 77 b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located. c. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this section, the parking ratios set forth in Government Code Section 65915 (and subsection K of this section) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant. 4. This subsection does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this subsection require the city to grant an incentive or concession found to have a specific adverse impact. 5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. The application and review process for a proposal of incentives and concessions is set forth in subsection L of this section. F. Waiver/Modification of Development Standards. 1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this section. The applicant may also request a meeting with the city to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (a) the waiver or modification is necessary to make the housing units economically feasible, and (b) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection (C)(1), at the densities or with the concessions or incentives permitted by this section. 2. Nothing in this subsection shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact. 3. The application and review process for a waiver/modification of development standards is set forth in subsection L of this section. 4. Waiver or Reduction of Development Standards 269 78 a. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. b. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C. G. Specified Density Bonus Percentages. Only housing developments consisting of five or more dwelling units are eligible for the density bonus percentages provided by this subsection. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (C)(1). 1. For housing developments meeting the criteria of subsection (C)(1)(a), the density bonus shall be calculated as follows: Percentage Low-Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 270 79 Percentage Low-Income Units Percentage Density Bonus 15 27.5 17 30.5 18 32 19 33.5 20 35 (maximum) 2. For housing developments meeting the criteria of subsection (C)(1)(b), the density bonus shall be calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (maximum) 3. For housing developments meeting the criteria of subsection (C)(1)(c) and (d), the density bonus shall be twenty percent. 4. For housing developments meeting the criteria of subsection (C)(1)(e), the density bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 271 80 Percentage Moderate Income Units Percentage Density Bonus 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 (maximum) 5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this section. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. 7. The application and review process for a density bonus as provided by this section is set forth in subsection L of this section. H. Land Donation. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows: 272 81 Percentage Very Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (maximum) This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty-five percent, if an applicant seeks both the increase required pursuant to this subsection and subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the city’s authority to require an applicant to donate land as a condition of development. 1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less 273 82 than ten percent of the number of residential units of the proposed development. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city-approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one-quarter mile of the boundary of the proposed development. g. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. 2. The application and review process for a donation of land and related density bonus is set forth in subsection L of this section. I. Child CareChild daycare Facilities. 1. When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child carechild daycare facility that will be located on the 274 83 premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer. a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child carechild daycare facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child carechild daycare facility. 2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur: a. The child carechild daycare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D. b. Of the children who attend the child carechild daycare facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households. c. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child carechild daycare facility if it finds, based upon substantial evidence, that the community already has adequate child carechild daycare facilities. 3. The application and review process for the provision of child carechild daycare facilities and related density bonus or concessions or incentives is set forth in subsection L of this section. J. Condominium Conversions. Any developer converting condominiums of a Housing Development of five units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a 275 84 density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915. K. By-Right Parking Incentives. Housing developments meeting any of the criteria of subsection (C)(1), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer: 1. Zero to one bedroom dwelling unit: one onsite parking space; 2. Two to three bedrooms dwelling unit: two onsite parking spaces; 3. Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, a development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking. L. Application and Review Procedures. 1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this section shall be submitted with the first application that is submitted for approval of a housing development and processed concurrently with all other applications required for the housing development. Notwithstanding any other requirements, affordable housing projects processed under this section shall require approval of a conditional use permit, subject to the requirements of Government Code Section 65589.5(d). The application shall be submitted on a form prescribed by the city and shall include at least the following information: a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability. c. A specific description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as 276 85 well as evidence relating to any other factual findings required under subsection E. d. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in subsection H can be made. e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child carechild daycare facilities and provide evidence that each of the findings included subsection I can be made. 2. An application for a density bonus, incentive or concession pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. 3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the planning commission. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies: a. The waiver/modification is not required to make the proposed affordable housing units feasible; or b. The waiver/modification will have a specific adverse impact. The decision of the planning commission may be appealed to the city council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 4. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval. (Ord. 451 § 1, 2008: Ord. 284 § 1 (Exh. A) (part), 1996) 277 86 9.60.270 Bed and breakfast regulations. A. Purpose. The city council finds that bed and breakfast facilities constitute small commercial lodging facilities in residential districts. This requires special regulations that are not normally covered by standards for motels and hotels. B. Definitions. See Chapter 9.280. C. Limits on Occupancy. 1. The bed and breakfast shall be conducted only by a person owning the dwelling and residing therein as their principal place of residence. The use permit shall be voided upon the sale or transfer of the property ownership. 2. The bed and breakfast shall accommodate a maximum of eight guests in four rooms. D. Where Permitted. 1. Bed and breakfast are permitted subject to approval of a conditional use permit only in residential zoning districts. E. Development Standards. 1. Individual units shall not contain cooking facilities. 2. Parking shall be provided on-site, in accordance with Chapter 9.150, Parking. 3. No change in the outside structure is permitted and any change inside must be convertible to the original residential use. A minimum of one hundred square feet is required for each of the sleeping rooms and not more than twenty-five percent of the structure can be used for rental. 4. Landscaping may be required to screen parking areas from the view of adjacent properties and from public/private streets. 5. Locating another bed and breakfast use within three hundred feet is prohibited. 6. Signs shall not exceed two square feet attached to the house. F. Required Finding. In addition to the requirements for findings of fact as established by California law or other provisions of this code, the approval of a conditional use permit for a bed and breakfast shall require the following additional findings: 1. The property is physically suitable for use as a bed and breakfast facility; 2. The use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners. 278 87 G. Transient Occupancy Tax. Bed and breakfast facilities shall be subject to all applicable provisions of Chapter 3.24 of the municipal code. (Ord. 299 § 1 (part), 1997) 9.60.280 Timeshare regulations. A. Purpose. The city council finds that timeshare facilities constitute a commercial hotel use. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the tourism-related facilities in the city, special development criteria are warranted. Also, this section is intended to establish criteria by which timeshare facilities will function as hotels/motels. Any conversion of an existing facility to timeshare use will be required to meet the same standards as new facilities. B. Definitions. See Chapter 9.280. C. Limits on Occupancy. 1. In no instance shall a person occupy one or more timeshare units in a timeshare facility for more than thirty days. Units which do not meet such criteria shall be considered to be residential units and shall be subject to all applicable zoning restrictions. 2. Units in a timeshare facility shall not be used as a residence unless: a. The residential use is allowed by the underlying zone designation; and b. The residential use was specifically allowed by the conditional use permit or other city discretionary permit. D. Where Permitted. 1. Timeshare facilities and conversions to timeshare use are permitted subject to approval of a conditional minor use permit only in residential zoning districts and in the CC (community commercial) and CT (tourist commercial) districts. Such facilities and conversions are expressly prohibited in all other districts. Further, the conversion of timeshare units to residential condominium uses is prohibited unless one hundred percent of the units in the development are converted simultaneously. 2. Timeshare facilities may include other uses, either as minor ancillary uses to the timeshare facility or independent facilities so long as the specific use is allowed by the underlying zone designation. Such uses shall meet all city laws and requirements. E. Development Standards. The following shall constitute the minimum development standards for timeshare facilities and the conversion of 279 88 existing facilities to timeshare use. Additional requirements may be attached to a conditional use permit or other discretionary permit if found to be necessary to assure that the development is consistent with the purpose of this section: 1. Density. The density of the timeshare project shall not exceed the density permitted by the general plan or by the applicable zoning district. 2. Setback, Height and Lot Coverage. The minimum required setbacks and minimum height and lot coverage shall be those as established in the underlying zone designation. Additional setbacks and height and lot coverage restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. 3. Parking. The minimum parking requirements for timeshare facilities shall be those required by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and shops). Other uses which are included in the facility, but which are not ancillary uses, shall meet all requirements of this code. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. 4. Signs. The sign requirements shall be those as established by Chapter 9.160. 5. Management. The management of a timeshare facility shall be in accordance with the requirements established by the California Department of Real Estate for timeshare uses. An on-site manager is required. 6. Required Facilities. The provision of facilities, amenities or design features usually associated with hotels/motels (e.g., lobbies, check- in area, registration desks, service closets, laundry facilities) shall be required to ensure that the timeshare facility will adequately function as a hotel/motel. F. Conversions to Timeshare Uses. The following standards shall apply to conversions of existing facilities to timeshare uses: 1. The conversion of any type of existing unit or facility to timeshare use shall be subject to the approval of a conditional use permit. Conversions shall be evaluated in terms of the physical suitability of the units or facilities for timeshare use. Items to be considered shall include, without limitation, the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; availability of kitchen facilities; the age, condition and 280 89 general repair of any recreational facility; the potential impact on nonconverting units within the facility; and conformance with appropriate building, safety or fire standards. The upgrading of the facility may be required to mitigate any identified deficiencies. 2. All facilities converted to timeshare use shall meet all applicable city requirements, including building, safety and fire standards. 3. The conversion of apartments to timeshare use shall be subject to the same relocation benefits as are or may be established for the conversion of apartments to condominiums. 4. Conversion to timeshare use must be explicitly permitted by any covenants, conditions and restrictions which are recorded against the property proposed to be converted. G. Application Requirements. 1. In addition to any application requirements established by Section 9.210.020 and any other applicable requirements of this code, the following information shall also be submitted as part of any application to develop or establish a timeshare facility: a. Typical floor plans for each timeshare unit; b. The phasing of the construction of the timeshare use; c. The type of timeshare method to be used (e.g., fee simple, leasehold, tenancy-in-common, license, membership) and how such use may be created; d. The identification of timeshare intervals and the number of intervals per unit; e. Identification of which units are in the timeshare program, the use of the units not included in the program, and the method whereby other units may be added, deleted or substituted; f. A description of any ancillary uses which are proposed in conjunction with the timeshare facility; g. A description of the availability of the timeshare project and ancillary facilities to the general public; h. A description of the method of management of the project and indication of a contact person or party responsible for the day- to-day operation of the project; i. A description of the type and operation of any other uses (residential, commercial or recreational) which are included in the facility; j. The formula, fraction or percentage, of the common expenses and any voting rights assigned to each timeshare unit and, 281 90 where applicable, to each unit within the project which is not subject to the timeshare program; k. A description of the methods to be used to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance; l. Any restrictions on the use, occupancy, alteration or alienation of timeshare units; m. Copies of all enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions and restrictions, and membership or license agreements; n. Copies of all California Department of Real Estate applications and permits, including any public report issued; o. A description of the method to be used in collecting and transmitting the transient occupancy tax to the city; p. Any other information or documentation the applicant, the Community Development DirectorDirector or the planning commission deems reasonably necessary to the consideration of the project, including any required environmental documents; and q. Applications for the conversion of any portion of an existing facility to a timeshare facility shall include the following information in addition to the other information required by this subsection: i. A property report describing in detail the condition and useful life of the roof, foundations and mechanical, electrical, plumbing and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, a licensed architect or a licensed general contractor, ii. A descriptive report containing acoustical test data which indicate the noise attenuation characteristics of the existing party walls and ceilings. The data for such report shall include a sampling of at least ten percent of the dwelling units involved, but in no case fewer than two dwelling units, and shall be compiled by an independent consultant experienced in the field of acoustical testing and engineering, iii. If the conversion is of an apartment or condominium facility or any portion thereof, a certified list of the names and 282 91 addresses of all tenants residing in the project proposed to be converted at the time the application is filed, whether or not the unit in which the tenant resides will be converted, iv. A comprehensive list of all improvements, upgrading and additional facilities proposed, and v. A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other building related codes as modified and adopted by the city. 2. The information required by this section shall be reviewed by the Community Development DirectorDirector, who will require its revision and resubmittal if found to be inadequate or incomplete. Approval shall be subject to the required documentation being received, and the failure of an applicant to submit such documentation shall be grounds for disapproval. H. Required Notice. Public notice shall be given for all conditional use permits associated with timeshare facilities as required by this code. In addition, in the event an apartment or condominium facility or any portion thereof is proposed to be converted to a timeshare facility, written notice shall be mailed to all persons residing in the facility, whether or not the unit in which the person resides will be converted, not less than ten days prior to the planning commission hearing. Such notice shall be mailed by the Community Development DepartmentPlanning Division at the expense of the applicant, and shall state the following: 1. The date, time, place and purpose of the hearing; 2. Notification that if the permit is approved, tenants may be required to vacate the premises; 3. Notification that if the permit is approved, the property owner will be required to give all tenants a minimum of one hundred twenty days’ notice to vacate. However, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants’ defaults in the payment of rent or defacing or destruction of all or a part of the rented premises; and 4. A description of any available relocation benefits to be provided by the project applicant. I. Required Findings. In addition to the requirements for findings of fact as established by California law or other provisions of this code, the 283 92 approval of a conditional use permit for a timeshare facility shall require the following additional findings: 1. The proposal is in conformance with the city’s general plan, this section, and other applicable requirements of this zoning code; 2. The property is physically suitable for use as a timeshare facility; and 3. The use of the property as a timeshare facility will not cause an undue burden on adjacent and nearby property owners. J. Transient Occupancy Tax. Timeshare facilities shall be subject to all applicable provisions of Chapter 3.24 of the municipal code. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.290 Compatibility review for partially developed subdivisions. A. Purpose. Residential subdivisions are often developed in phases, either by the same or different developers or by individual owner- builders. This section imposes requirements to ensure that units in later phases of such projects are compatible in design and appearance with those already constructed. B. For purposes of this section, the term “compatible” means residential buildings which are similar in floor area and harmonious in architectural style, mass, scale, materials, colors, and overall appearance. C. Applicability. This section applies to all second story additions, proposed major design deviations, and new residential units which are different from those originally constructed and/or approved and which are proposed for construction within a partially developed subdivision, except for a custom home subdivision, project or phase. Proposed minor design deviations are not subject to this section. These requirements are in addition to other applicable regulations in this code. 1. Minor Design Deviation. A minor design deviation can be approved by the community development departmentPlanning Division without a public hearing. Minor design deviation means a modification of an approved architectural unit within a subdivision that involves items such as, but not limited to, less than ten percent change in square footage of existing constructed or approved units; columns, dormer vents, window size changes, plant-on locations, color, and stucco texture changes. The community development directorDirector may refer the minor design deviation to the 284 93 planning commission as a business item under the site development permit process. 2. Major Design Deviation. A major design deviation is subject to the compatibility review for partially developed subdivisions. A major design deviation means a ten percent or more change in square footage of existing constructed or approved units; any exterior architectural modification not defined as a minor design deviation. D. Site Development Permit Required. Residential units subject to this section are subject to approval of a site development permit by the planning commission per Section 9.210.010. Applications for such permits shall be filed with the community development departmentPlanning Division on forms prescribed by the director together with: (1) all maps, plans, documents and other materials required by the director; and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Acceptance of Applications as Complete. Within thirty days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed until all required materials have been submitted and the application deemed complete. F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110 prior to planning commission approval or denial of any site development permit consisting of the construction of a total of five houses within a tract under the compatibility review provisions of this section. Construction of a total of five or less units shall require review and approval of the planning commission as a business item. The community development directorDirector may require that additional notice be given by enlarging the notification radius or by other means determined by the director. G. Precise Development Plan. A site development permit approved under the compatibility review provisions of this section constitutes a precise development plan. Therefore, the residential development authorized under the site development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. 285 94 H. Required Findings. In addition to the findings required for approval of a site development permit, the following findings shall be made by the decision-making authority prior to the approval of any site development permit under the compatibility review provisions of this section: 1. The development standards of subsection I of this section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. I. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the planning commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single-story home constructed in the same subdivision. 2. If lot fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwelling(s), as determined by the planning commission, including any perimeter subdivision fencing. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the planning commission, with respect to the following design elements: a. Architectural material such as roof material, window treatment and garage door style; b. Colors; c. Roof lines; d. Lot area; and e. Building mass and scale. 4. At least one specimen tree (i.e., minimum of a twenty-four-inch box size (one and one-half-inch to two-inch caliper) and minimum ten- foot tall, measured from top of box) shall be provided in the front yard and street side yard with the total number of trees on each lot to be the same as that provided for on the original units. 5. Residential units with identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. 286 95 J. Commission Discretion on Unit Types. The planning commission, in reviewing dwelling units under this section, may limit the type and the number of a particular unit to be constructed within a subdivision. K. Appeals. The applicant or another aggrieved party may appeal decisions of the planning commission in accordance with the provisions of Section 9.200.120. (Ord. 509 § 1, 2013; Ord. 361 § 1 (Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.60.300 Restrictions on multistory buildings at project boundaries. A dwelling located next to a project or city/county or tract boundary shall be limited to one story if an existing one story dwelling is within fifty feet of the common property line, unless there is a street separating the two. (Ord. 299 § 1 (part), 1997: Ord. 284 § 1 (Exh. A) (part), 1996)Any structure within 70 feet of an existing residence within an adjacent subdivision shall be limited to one story. 9.60.310 Resort residential. A. Purpose. Resort residential provides for the development and regulation of a range of specialized residential uses that are individually owned but rented for periods of thirty consecutive days or less, on a regular basis and oriented to tourist and resort activity as part of a golf/resort country club. Land uses include single-family detached or attached residential uses, eating and drinking facilities, small accessory retail and personal service shops, and recreational buildings. B. Review Process. Resort residential uses are permitted when developed as part of a residential golf country club. The conditional use application review process shall be used subject to Section 9.210.020. C. Development Standards. The following standards apply to the development of resort residential uses: ITEM QUANTITY Minimum lot frontage 30 ft. Maximum building height 28 ft. (1) 22 ft. (1) adjacent to an image corridor Maximum no. of stories 2 Minimum livable reserved floor area excluding garage 420 sq. ft. Minimum front yard setback from: 287 96 Street or parking stall curb 8 ft. Pedestrian circulation walks 5 ft. Garage/carport setback-from street curb 5 ft. Minimum building to building setback: Without partial attachment (see note) 6 ft. With partial attachment (see note) 4 ft. Minimum interior/exterior side yard setbacks 3 ft. (2) Minimum rear yard setback 5 ft. Maximum allowable wall height 8 ft. Minimum parking required 1 space per bedroom 1 space per 300 sq. ft. GFA Note: Partial attachment of two buildings is made when an enclosed area having a typical interior function such as a hot water heater closet, furnace closet, or other essential use, is attached to two otherwise separate buildings. Construction standards and fire ratings shall meet U.B.C. requirements. 1. Chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height. 2. Residential units supporting mechanical equipment shall be allowed within side yard setback area with a minimum three-foot clearance to the side property. D. Allowable Resort Residential Units and Commercial Uses. The density of the allowable units is determined by the underlying general plan land use designation. The eating and drinking facilities, small accessory retail and personal service shops, and recreational buildings shall be an integral part of the development. These facilities shall not utilize more than five acres of the total site. E. Transient Occupancy Tax. Resort residential shall be applicable to all provisions of Chapter 3.24 of this code. (Ord. 325 § 1 (Exh. A) (part), 1998) 288 97 9.60.320 Residential tract development review. A. Purpose. The purpose of this section is to: 1. Provide architectural guidelines to insure a varied and aesthetically attractive view from the street as well as from the lot for all new tracts and country clubs; 2. Provide for an increased spatial variety in plotting of units; 3. Provide for an attractive project entrance. B. Applicability. The provisions of this section shall apply to all residential tracts. C. Site Development Permit Required. All projects subject to these guidelines shall obtain approval of a site development permit from the planning commission as a business item, unless required otherwise. D. Design Guidelines. 1. Each prototype plan proposed shall be provided with a minimum two different front elevations with structural changes (roof type, height, etc.) to insure a varied and marked difference. 2. No more than one of each prototype plan shall have a continuous (one height) roof (such as a hipped or gable) when viewed from the front and rear of the unit. 3. Any side of a residential unit that is flat (one continuous plane) and has windows (two foot by two foot or larger) and doors provided with plastered or wood surrounds (three inch minimum depth) on at least two sides of the frame. E. Project Entrance. Vehicular entrances into projects shall be provided with an enhanced design. This shall include, but not be limited to, increased landscaping quantities and sizes, earth berming, upgraded corner wall design and project identification sign. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.60.320 Custom home design guidelines. A. Purpose. Because custom home subdivisions and projects have homes that are individually designed and constructed by property owners, design guidelines are necessary. B. Applicability. The provisions of this section shall apply to subdivisions and residential projects which are entirely or partially made up of custom homes. C. Site Development Permit Required. All projects subject to these guidelines shall obtain approval of a site development permit from the planning commission as a business item, unless required otherwise. D. Planning Commission Approval. The design guidelines shall include, but not be limited to, the following: 289 98 1. Statement that compliance with minimum design standards is required (i.e., setbacks, lot coverage, building height, landscaping, unit size, screening, garages, etc.). These standards may be more restrictive than city requirements; 2. Standards for architectural style materials, and colors, etc., of residences and related construction. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.60.330 320 Reasonable Accommodation A. Purpose and intent. 1. To establish a procedure for requesting reasonable accommodation for persons with disabilities in the application of land use, zoning and building policies and practices. 2. To fully comply with the intent and purpose of the federal Fair Housing Act and California Employment and Housing Act. 3. The City encourages the development community to coordinate with property owners to incorporate interior residential design modifications for people requiring special adaptations, when requested by the property owner. Such modifications may include wider interior doorways, zero-entry showers, and lowered kitchen countertops that enhance accessibility. B. Applicability. This section applies to persons with disabilities, their representatives, and developers of housing for individuals with disabilities who seek equal access to housing under fair housing laws and flexibility in the application of relevant regulations, policies, practices, and procedures. C. Definitions. See Chapter 9.280. D. Submittal Procedure. Any person with a disability, his/her representative, or developer of housing for individuals with disabilities may request reasonable accommodation as it pertains to land use, zoning, and building regulations according to the following parameters: 1. A written request shall be submitted to the Community Development DirectorDirector and shall contain the following information. a. Applicant’s name, address, and telephone number; b. Address of the property for which the request is being made; c. Property owner(s) name and address; d. Current use of the property; e. Description of requested accommodation and why it is deemed necessary; f. Policy or regulation for which reasonable accommodation is being sought. 2. The City shall provide assistance, if necessary, to ensure that the reasonable accommodation process is accessible. 290 99 3. Information identified as confidential by the applicant shall be safeguarded and shall not be made available to the public. 4. If the project for which the reasonable accommodation request is being made requires other discretionary approvals (such as design review, conditional use permit, zone change, etc.), the applicant shall file the written reasonable accommodation request in conjunction with the application for discretionary approval. E. Review Procedure. 1. If no approvals are being sought other than the request for reasonable accommodation, the request shall be reviewed by the Community Development DirectorDirector or his/her designee, and he/she shall make a written determination within 45 days of the original request date,, in accordance with Section 9.60.350(G). 2. If the request for reasonable accommodation is submitted concurrently with other discretionary land use applications, it shall be reviewed by the authority reviewing the discretionary application, and the authority shall make a written determination within 30 days of the original request date, in accordance with Section 9.60.350(G). 3. The reviewing authority may request additional information from the applicant, consistent with fair housing laws, if deemed necessary. In this event, the 30-day review and decision period is stayed until the applicant responds to the request. F. Findings and Determination Procedure. 1. The authority’s written decision shall grant, grant with modifications, or deny the request for reasonable accommodation, consistent with fair housing laws. 2. The findings shall be based on the following considerations: a. Whether the subject property will be used by an individual with disabilities protected under fair housing laws; b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws; c. Whether the requested accommodation would impose undue financial or administrative burdens on the City; d. Whether the request for accommodation would require a fundamental alteration in the nature of a City program or law; e. Potential impacts on surrounding land uses; f. Alternative reasonable accommodations that may provide an equivalent level of benefit; 3. The reviewing authority may impose Conditions of Approval deemed reasonable and necessary. 4. The reviewing authority’s written determination shall give notice of the applicant’s right to appeal. 291 100 5. If the reviewing authority fails to render a written decision within the 30-day time period allotted in Section 9.60.350(F), the request shall be deemed granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the subject property shall remain in effect. G. Appeals Process. 1. The applicant may appeal an adverse decision in writing to the Planning Commission within thirty (30) days of the date of the reviewing authority’s written decision. 2. If necessary, the City shall provide assistance in filing an appeal to ensure that the appeals process is accessible. 9.60.330 Planned Unit Development Standards A. Purpose. The purpose of the Planned Unit Development is to allow flexibility in the design of residential projects, and encourage the development of creative, high-quality residential projects that provide attractive living environments in a setting that is different from standard single family home development. B. Permit Required. Planned Unit Developments (PUD) shall require approval of a Conditional Use Permit. C. Design Guidelines Required. All PUDs shall be required to submit design guidelines that include: 1. A site plan that shows building and unit footprints, common and private open space areas, parking areas, roadways/driveways/alleys, and access points. 2. Architectural plans that include elevations, floor plans, roof plans, lighting and landscaping plans. The graphic plans must be accompanied by text that describes minimum development standards, building materials, landscape palette and lighting details. 3. For projects proposing two or more story structures, a massing plan that depicts the relationship of the structures within the project to each other, and to development adjacent to the project. The massing plan shall be accompanied by text that describes how the project is compatible with surrounding development. 4. A common area plan that describes in text the area(s) to be devoted to common area, and the amenities to be provided, as well as a calculation of the percentage of common area provided in relation to the residential units. 292 101 5. A circulation plan that provides graphics and text describing the roadway/driveway/alleyway cross-section dimensions, parking areas, and entryway treatments. D. Development Standards. All PUDs shall be subject to the following development standards. 1. Density. The maximum density allowed in a PUD shall not exceed the general plan and zoning designation on the property. 2. In order to encourage creative design, development standards in PUDs can be proposed by the applicant. The applicant must demonstrate in the project’s design guidelines that reduced setbacks are offset with project amenities. 3. Common Areas. A PUD must provide 30% of the net project area (not including city street dedications, interior streets or parking areas), as common area. Common area cannot include parking lot landscape areas, landscaped areas of less than 5 feet in width, or any open space area provided for the exclusive use a residential unit. Common areas can include passive and active areas, and must provide amenities for the community as a whole. Amenities can include:  Passive park, at least ½ acre in size, and not including retention basins  Swimming pool, with or without spa  Clubhouse/recreation room  Tot lot with play equipment  Picnic tables and barbeque areas  Tennis court  Basketball court  Volleyball court  Bocce ball or horseshoe pitch  Softball, baseball or soccer field  Putting green, driving range or similar golf-oriented area  Par course  Off-street continuous trail or paseo (allowing a loop through the project)  Community garden  Daycare center or similar children’s activity building  Other facilities as determined appropriate by the Director 293 102 A minimum number of amenities shall be provided based on the number of units within a project, as shown below. 0-25 units 2 amenities 26-50 units 3 amenities 51-100 units 4 amenities 101 or more units 5 amenities 4. Parking: Parking shall be provided consistent with Chapter 9.150. As provided in that chapter, variations from parking requirements can be proposed in a PUD, with appropriate substantiation. 5. Signage. Signage shall be provided consistent with Chapter 9.160. E. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any Planned Unit Development: 1. Consistency with General Plan. The project is consistent with the general plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 294 103 Chapter 9.64 VILLAGE OVERLAY DISTRICT 9.64.040 Village entry identification signs. A. Signs identifying key entry locations to The Village shall be incorporated as set forth in The Village at La Quinta Design Guidelines. Directional signs as determined appropriate and in accordance with the design guidelines are also permitted. Temporary Village directional signs are permitted as established in Chapter 9.160, Signs. B. Village entry identification sign design shall be in accordance with The Village at La Quinta Design Guidelines. Unless a city-initiated program for design and installation of these signs is in place, permit applications at potential locations shall be reviewed for any required dedication, establishment or other participation in locating and erecting the identification signs. (Ord. 323 § 2 (Exh. A) (part), 1998) Chapter 9.65 VILLAGE COMMERCIAL DISTRICT 9.64.010 Introduction. The provisions of this chapter implement an overlay zoning district for the area covered by The Village at La Quinta Design Guidelines, as set forth in the document containing said guidelines. (Ord. 323 § 2 (Exh. A) (part), 1998) B. Applicability. 9.64.020 Applicability. The Village overlay district (VOD) shall apply within the boundaries of The Village at La Quinta Design Guidelines, as established in the guidelines document and as may be amended by resolution of the city council. Notwithstanding the requirements set out in this chapter, the provisions of the underlying zoning district shall be in effect and govern development and permitted uses for properties located in said underlying district. The Village overlay district shall be appropriately designated on the city’s official zoning map. (Ord. 323 § 2 (Exh. A) (part), 1998) C. Permitted Uses. 9.64.030 Permitted uses. C. Permitted uses in The Village overlay district shall be as set forth in the underlying zone district in which the proposed or existing use is 295 104 located at La Quinta are shown in Table 9-5. (Ord. 323 § 2 (Exh. A) (part), 1998) 9.6570.010100 Introduction.Village Commercial District A. Role of The Village at La Quinta Design Guidelines. The provisions of this chapter, regulating uses and structures within The Village at La Quinta area, implement the concepts and guidance set forth in The Village at La Quinta Design Guidelines (“guidelines”). Land uses and development proposed in The Village area shall be designed and evaluated in conjunction with those guidelines. B. Purpose of Design and Development. The following purpose statements reflect the design concepts envisioned by the guidelines: 1. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community; 2. Promote development standards to accommodate projects and activities which will provide goods, services and housing in a design environment supportive of the concepts set out in the guidelines: promoting pedestrian accessibility and scale, maintaining connections to La Quinta’s artistic and architectural heritage, and guiding design to acknowledge and embrace the desert environment. (Ord. 498 § 1, 2012; Ord. 323 § 3 (Exh. B), 1998) 9.65.015 Specific Plan Requirement. All new development proposals located in The Village commercial district and on a parcel one-half acre or greater in size shall require approval of a specific plan. A “new development proposal” is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Specific plans shall be subject to review per La Quinta Municipal Code Section 9.240.010. Except that upon a finding of good cause, the city council may waive the requirement for a specific plan. (Ord. 498 § 1, 2012) 9.70.11065.020 Permitted uses. A. Permitted uses in the VC zoning district will combine urban living, essential day-to-day neighborhood goods and services, tourism and visitor-based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. B. Except as otherwise approved as part of a specific plan for the property, the following uses are permitted in the VC zoning district are 296 105 listed in Table 9-5.with approval of a Village use permit (VUP), pursuant to the procedures set forth in Section 9.65.040. Where a determination on a particular use is necessary, it shall be made pursuant to Section 9.65.040(C): 1. Multifamily Residential Dwellings. Such uses include condominiums, apartments and similar housing types. Residential density shall be determined on a site specific basis, based on the development capacity for the proposed project uses on the site, and are permitted up to 24 units per acre, if designated with an Affordable Housing Overlay, and subject to the provisions of Section 9.140.090. The ultimate decision on density shall rest with the planning commission; 2. Commercial guest lodging (including bed and breakfast) and associated uses, such as retail shops, restaurants and conference rooms; 3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, hand-made furniture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations to the public; 4. Professional service offices providing limited sales, such as medical, dental, veterinary clinic, dietician, optician, catering, attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental services, are permitted (vehicles may be stored in the district). Uses such as construction management offices are permitted provided construction materials and job equipment are not kept on- premises; 5. Prepared food service for on-site consumption, drive-in and drive- through, and/or carry-out, including fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses; 6. Prepared food sold specifically for on-site consumption, with indoor/outdoor seating. Such uses include fine dining and other low to medium turnover restaurants; cocktail lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses, with alcohol sales for on-site consumption only, along with live, recorded or other entertainment in or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc.; 297 106 7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner theaters, conference center, gymnasium facilities, concert halls and related uses; 8. Indoor facilities for education, training, self-help and improvement, hobbies, or vocational purposes, both public and private. These may be located in any facility which can accommodate the use, such as ability to meet occupancy requirements, etc.; 9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment rooms. Such uses may include sale of display art pieces; 10. Retail merchandise sales of limited goods (goods that can be carried out and hauled by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, kitchen and bath shops, video and audio equipment, clothing, pets and pet supplies, office equipment and supplies, party and/or costume rentals, sporting goods, home furnishings, hardware and home improvement, and other related uses. C.B. The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village use permits. (Ord. 498 § 1, 2012; Ord. 480 § 1, 2010; Ord. 323 § 3 (Exh. B), 1998) 9.65.030 General development standards. A. Purpose. Except as otherwise approved as part of a specific plan for the property, this section outlines the development standards to be adhered to in the VC zoning district. These relate primarily to the performance standards commonly associated with typical zoning enforcement, such as parking, setbacks, and height limits. This district is to be considered as stand-alone, in that application of the overall zoning code to Village area projects shall be accomplished through design review during the Village use permit process, prioritizing the guideline concepts and the VC zoning district above the applicable zoning code standards. 1. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the guidelines and the proposed project characteristics. a. Setbacks along front, side, and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access 298 107 to side-loading commercial space, stairwells, or through-access between front and rear of the building(s). b. Projects with any retail commercial components shall maintain a minimum ten-foot landscaped setback from any RVL, RL or RMH zoned properties. c. No utility equipment shall be allowed above ground in the right- of-way. Such equipment shall be integrated into the footprint of the proposed building. 2. Heights. Building height shall be limited to thirty-five feet, or two stories, for main building mass. Architectural and roof projections not providing habitable or otherwise usable space, such as chimneys, spires, finials, and similar features shall be permitted to extend up to three feet above the maximum structure height. Structure height shall be measured pursuant to zoning code Section 9.50.050. 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC zoning district, variations to any parking standards can be approved. 4. Landscaping. Project landscaping shall be provided to implement the guidelines and existing city policies. 5. Screening. Project parking service area and trash enclosure screening shall be provided to implement the guidelines and existing city policies. 6. Lighting. Project landscape, parking, building and pedestrian lighting shall be provided to implement the guidelines and existing city policies. 7. Special Sign Allowances. For Village area development, it is determined that in order to preserve the greater aesthetic benefits and historic character of The Village area, designated landmarks or historic resources, as defined in Chapter 7.02 of this code, are considered exempt from the regulations set forth in Chapter 9.160, with the exception that any signs proposed shall be subject to obtaining an approved sign program through the certificate of appropriateness process for historic buildings and structures. 8. Travel connections, including sidewalks, trails, bike paths and/or crosswalks are required for pedestrian, bicycle, and other non- 299 108 motorized modes of transportation. Paths shall provide convenient and safe connectivity between the commercial/office and residential components of the project, as well as to/from street fronts, bus stops, public gathering places, and adjacent properties. They shall be located off-street and outside of vehicle travel lanes and parking lot driving aisles. 9.65.040 Village use permit review process. A. Purpose and Intent. This section is intended to provide for specific design review procedures for uses and projects proposed in The Village area. B. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a request for an interpretation of the use in question may be made, in writing, to the Community Development DirectorDirector. Within ten calendar days of receipt of such a request, the director shall either render a decision on the request or inform the inquiring party of deferral of his or her decision to the planning commission. A written decision to defer to the planning commission shall specify the earliest available planning commission meeting for the decision to be considered to be no later than thirty calendar days from the date of the director’s notice of deferral. A decision by the director or planning commission may be appealed pursuant to Section 9.20.040. C. Village Use Permit Requirements. Except as otherwise approved as part of a specific plan for the property, all new development proposals in The Village commercial district shall be required to file an application for a village use permit. A “new development proposal” is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Village use permits shall be subject to review by the planning commission as a public hearing. D. Any proposal in the VC zoning district without prior Village use permit approval determined as not meeting the criteria in subsection C of this section shall be subject to review by the Community Development DirectorDirector. 1. Administrative approval may be given by the Community Development DirectorDirector for any building additions and/or exterior building, architectural design and site modifications that are determined by the Community Development DepartmentPlanning Division to implement the concepts set forth in “The Village at La 300 109 Quinta Design Guidelines.” The Community Development DirectorDirector may refer the project to the planning commission. 2. Additions and exterior building and site modifications that do not fall under subsection (D)(1), shall be approved by the planning commission as a public hearing under the Village use permit process. E. Findings for Approval. The following findings shall be made by the decision-making authority prior to the approval of any Village use permit: 1. Consistency with General Plan. The development of the proposed use is consistent with the La Quinta general plan; 2. Consistency with Zoning Code and Specific Plan. The development of the proposed use is consistent with the La Quinta zoning code and any applicable specific plan; 3. Compliance with CEQA. The proposed Village use permit application has been processed in compliance with the requirements of CEQA; 4. Surrounding Uses. Approval of the proposed Village use permit will not create conditions materially detrimental to the public health, safety and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity; 5. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and the quality of design illustrated in The Village at La Quinta Design Guidelines; 6. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and the quality of design illustrated in The Village at La Quinta Design Guidelines; 7. Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying 301 110 influence design, and elements of the Village use permit are compatible with surrounding development and the concepts of The Village at La Quinta Design Guidelines; 8. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to approve a planned sign program the decision-making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs), b. The sign program is in harmony and visually related to: i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape, ii. The buildings they identify. This may be accomplished by utilizing materials, colors or design motif included in the building being identified, iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village use permits shall be reviewed pursuant to Chapter 9.200 of this title. (Ord. 498 § 1, 2012; Ord. 361 § 1 (Exh. A), 2001; Ord. 323 § 3 (Exh. B), 1998) Chapter 9.70 NONRESIDENTIAL DISTRICTS 9.70.010 Summary of district regulations. A. Purpose. This chapter contains the purpose and intent of each nonresidential district. B. Permitted Uses. Chapter 9.80 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each nonresidential district are contained in Chapter 9.90. D. Supplemental Regulations. Sections containing supplemental regulations applicable to nonresidential uses are as follows: 9.100.010 Purpose and intent 9.100.020 Parking and signs 302 111 9.100.030 Fences and walls 9.100 040 Landscaping 9.100.050 Screening 9.100.060 Detached accessory structures 9.100.070 Satellite dish and other antennas 9.100.080 Christmas tree salesHoliday sales lots 9.100.090 Halloween pumpkin sales 9.100.100 090 Produce and flower stands 9.100.110 100 Outdoor vendors 9.100.120 110 Outdoor storage and display 9.100.130 120 Sidewalk sales and commercial events 9.100.140 130 Temporary outdoorSpecial events 9.100.140 Seasonal sales businesses 9.100.145 Temporary holiday period outdoor storage 9.100.150 Outdoor lighting 9.100.160 Caretaker residences 9.100.170 Construction and guard offices 9.100.180 Relocatable buildings 9.100.190 Recycling collection facilities 9.100.200 Trash and recyclable materials storage 9.100.210 Noise control 9.100.220 Operational standards 9.100.230 Hazardous waste and materials 9.100.2340 Service station standards 9.100.2450 Child day care centers 9.100.2560 Senior group housing 9.100.2570 Single room occupancy (SRO) hotels 9.100.280 Bus stop benches and shelters 9.100.290 Fugitive dust control 9.100.260 Used vehicle sales not associated with a new vehicle sales facility 9.100.310270 Seasonal sales businessesDrive-Through Facilities 9.100.320280 Emergency shelters (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.020 NR nonresidential overlay district. A. Purpose and Intent. To restrict residential uses from locating within that portion of the underlying CR base district near Highway 111 which are impacted by excessive traffic, noise and other unsuitable environmental conditions. 303 112 B. Permitted Uses. Section 9.80.020 specifies the restrictions on residential uses within the NR overlay district. C.A. Development Standards. Setbacks and other development standards shall be as set forth for the underlying CR base district in Section 9.90.040. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.030 CR regional commercial district. A. Purpose and Intent. To provide for the development and regulation of regionally oriented commercial areas located along the Highway 111 corridor as shown on the general plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile-oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. Approval of a specific plan is required for any development or land division greater than ten acres in the CR district. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A) (part), 199 6) 9.70.040 CP commercial park district. A. Purpose and Intent. To provide for the development and regulation of heavy commercial and light industrial uses located within the Highway 111 corridor as shown on the general plan. Representative uses include automobile repair, warehousing and storage, office/showroom, office/warehouse, high-tech light manufacturing, and similar uses which serve the needs of the local and regional trade area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.050 CC community commercial district. A. Purpose and Intent. To provide for the development and regulation of medium- to large-scale commercial areas located at the intersections of arterial highways as shown on the general plan. The CC district is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of a multi-neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 304 113 9.70.060 CN neighborhood commercial district. A. Purpose and Intent. To provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the general plan. The CN district is intended to provide for the sale of food, drugs, sundries and personal services to meet the daily needs of a neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.070 CT tourist commercial district. A. Purpose and Intent. To provide for the development and regulation of a narrow range of specialized commercial uses oriented to tourist and resort activity, located in areas designated on the general plan. Representative land uses include destination resort hotels, conference-oriented hotels and motels, eating and drinking establishments, accessory retail and personal service shops and recreational uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.080 CO office commercial district. A. Purpose and Intent. To provide for the development and regulation of office-oriented uses serving the local and regional trade area, located as shown on the general plan. Representative land uses include financial, medical, legal, professional service uses, and limited accessory retail uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.090 MC major community facilities district. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, corporate yards and similar uses at locations identified on the general plan. Emergency shelters are also permitted. B. Permitted Uses. Chapter 9.80 lists permitted land uses. 305 114 C. Development Standards. Public and utility projects shall be subject to the same standards as private sector projects. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.80 NONRESIDENTIAL PERMITTED USES 9.80.010 Development permits required. Whether a nonresidential land use or structure is permitted within a zoning district shall be determined in accordance with this title. In most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210., approval of a specific plan is required for any development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.020 Residential uses in the CR Regional Commercial district adjacent to Highway 111in NR overlay district. In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the NR nonresidential overlay portion of the CR regional commercial district except for incidental residential uses which: A. Are incorporated into a project site which is twenty acres or more in size; B. Are a part of a larger mixed use project with predominantly nonresidential uses; C.Are no more than twenty percent of the total project square footage; D.Are well integrated into the larger development, i.e., not a separate use; E. Serve a legitimate necessary purpose for the development such as employee housing; F. Have at least fifty percent of the units in the affordable category, as defined in the general plan housing element; and G.Are approved by the city as an integral part of the overall mixed use project. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.030 Residential uses outside NR overlay. In accordance with the General Plan Policies 2-3.1.6 through 2-3.1.8, single- family residential uses may be established in the CR district outside the NR nonresidential overlay. Such projects may have up to a proportion of one hundred percent residential. The following requirements shall apply: A. A specific plan shall be approved and the project shall conform to the RSP residential specific plan standards of Section 9.30.0809.140.100 with regard to common open area and perimeter landscaping with the exception of single-family residential. 306 115 B. A minimum of fifteen percent of the dwelling units are provided in the affordable “low” and/or “very low” income category per Section 9.60.270. C. Project sites of less than twenty acres shall be single-use, either all residential or all nonresidential. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.0240 Table of permitted uses. A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. “P”: Permitted as a principal use within the district. 2. “A”: Permitted only if accessory to the principal use on the site. 3. “C”: Permitted as a principal or accessory use if a conditional use permit is approved. 4. “M”: Permitted if a minor use permit is approved. 5. “T”: Permitted as a temporary use only. 6. “X”: Prohibited in the district. 7. “S”: Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the planning or the planning commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Retail Uses Retail stores under 10,000 sq. ft. floor area per business P P P P P P X P Retail stores1, 10,000— 50,000 sq. ft. floor area P P P P X X X P Retail stores1, over 50,000 sq. ft. floor area P C M X X X X X 307 116 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Food, liquor and convenience stores under 10,000 sq. ft. floor area, open less than 18 hours/day2 P A P P A A X P Food, liquor and convenience stores under 10,000 sq. ft. floor area, open 18 or more hours/day2 M X M M M X X M Plant nurseries and garden supply stores, with no propagation of plants on the premises, subject to Section 9.100.120 (Outdoor storage and display) P X P P X X X P Showroom/catalog stores, without substantial on-site inventory P P P X X X X X General Services Barbershops, beauty, nail and tanning salons and similar uses P A P P P A X P Miscellaneous services such as travel services, photo developing, videotape rentalsand video services, shoe repair, appliance repair, and similar uses P A P P P A X P Laundromats and dry cleaners, except central cleaning plants P X P P P X X M Printing, blueprinting and copy services P P P P P P X P Pet grooming—without overnight boarding P X P P P X X P Office and Health Services Banks P X P P P P X P 308 117 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC General and professional offices P P P P P P P P Medical offices— physicians, dentists, optometrists, chiropractors and similar practitioners, 3 or fewer offices in one building P P P P P P X P Medical centers/clinics— four or more offices in one building P X P C X P X P Surgicenters/ medical clinics P P P C X P X X Hospitals C X X X X X C X Convalescent hospitals C X C X X X C X Veterinary clinics/animal hospitals and pet boarding (indoor only) M M M M X X X M Dining, Drinking and Entertainment Uses Restaurants, other than drive-through P A P P P X A P Restaurants, drive- through P A P X P X X X Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops and similar P P P P P X A P Bars and cocktail lounges C C C C C X X C Dancing or live entertainment as a principal useDance clubs and nightclubs C C C X C X X C Dancing or live entertainment as an accessory use A A A A A X X A Theaters, live or motion picture P X M M M X A M 309 118 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Tobacco shops without onsite smoking, as per the provisions of the Heath and Sanitation Code P X P P A X X P Cigar lounges, hookah bars, and similar uses with onsite smoking, as per the provisions of the Health and Sanitation Code M X M M A X X M Recreation Uses Bowling alleys P X P X P X X C Bowling, pPool or billiard centers as a principal use C C C X C X X C Pool or billiard tables as accessory use (3 tables or less) A A A A A A X A Game machines, 11 or more (as either a principal or accessory use) C X C C C X X Game machines as an accessory use, 10 or fewer machines A A A A A A X A Golf courses and country clubs (see GC district permitted uses, Chapter 9.120) X X X X A X X X Driving range unlighted P A C X P A P X Tennis clubs or complexes C A C X X A C Health clubs, martial arts studios, and dance studios, 5,000 sq. ft. floor area or less P P P P P P MP P Health clubs, martial arts studios, and dance studios, over 5,000 sq. ft. floor area M M M M M M M M Libraries P P P P P P P P 310 119 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Museum or gallery displaying sculpture, artwork or crafts, including schools for above P P P P P P P P Arts and crafts studios, including classes P P P P P P P P Parks, unlighted playfields and open space P P P P P P P P Lighted playfields X X X X X X C C Bicycle, equestrian and hiking trails P P P P P P P P Indoor pistol or rifle ranges X C X X X X X X Miniature golf/recreation centers C X X X M X X X Ice skating rinks M M M X M X M X Assembly Uses Ice skating rinks M M M X M X M X Lodges, union halls, social clubs and senior citizencommunity centers P P P P X X P P Churches, temples and other places of worship M M M M X M X M Mortuaries and funeral homes M M M X X X X X Public and Semipublic Uses Fire stations P P P P P P P P Government offices and police stations P P P P P P P P Communication towers and equipment (freestanding, new towers) subject to Chapter 9.170 C C C C C C C C 311 120 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Communication towers and equipment (co- location, mounted to existing facility) subject to Chapter 9.170 M M M M M M M M Electrical substations X M X X X X M X Water wells and pumping stations P P P P P P P P Reservoirs and water tanks X X X X X X P X Public flood control facilities and devices P P P P P P P P Colleges and universities C M X X X M C C Vocational schools, e.g., barber, beauty and similar M C C X X C C C Private elementary, intermediate and high schools C C C C C C C C Helicopter pads X X X X C X C X Public or private kennels and animal shelters (with indoor or outdoor pet boarding) X C X X X X C X Golf courses and country clubs (see GC district permitted uses, Chapter 9.120) C A C X C A P Driving range unlighted P A C X P A P Tennis clubs or complexes C A C X C A C Health clubs, martial arts studios, and dance studios, 5000 sq. ft. floor area or less P P P P P P A Residential, Lodging and Child daycare Uses Existing single family home X X X X X X X P 312 121 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Townhome and multifamily dwelling as a primary use3,4 C3 C4 C C C C X C Residential as an accessory use, e.g., caretaker residences per Section 9.100.160 M M M M M M M M Child daycare facilities, centers and preschools as a principal use, subject to Section 9.100.250 (also see Accessory Uses) M M M M X M M M Senior group housing, subject to Section 9.100.260 X X X X X X X M Rooming and boarding houses X X X X X X X M Single room occupancy (SRO) hotels, subject to Section 9.100.270 C X X X X X X X Emergency shelters P P P P P P P X Transitional shelters for homeless persons or victims of domestic abuse C X X X X X C X Single family residential X X X X X X X X Mixed-use projects subject to 9.110.130: residential and office/commercial P P P P P P X P RV rental parks and ownership/membership parks X X X X M X X X Resort residential S X C X C X X Hotels and motels P X P X P X X P Timeshare facilities, fractional ownership, subject to Section 9.60.290 P X P X P X X P Caretaker residences M M M M M M M M 313 122 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Automotive Automobile Uses5 Golf cart, neighborhood electric vehicle (NEV), and electric scooter sales P P P M X X X M Automobile service stations, with or without minimart subject to 9.100.240 C C C C X X X C Car washes M M M X X X X X Auto body repair and painting; transmission repair X C X X X X X X Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up services—not including major engine or drivetrain repair C C C X X X X X Auto and motorcycle sales and rentals M M X X X X X X Used vehicle sales, not associated with a new vehicle sales facility, as per Section 9.100.030 C C X X X X X X Truck, recreation vehicle and boat sales C C X X X X X Auto parts stores, with no repair or parts installation on the premises P P P P X X X P Auto or truck storage yards, not including dismantling X C X X X X X X Private parking lots/garages as a principal use subject to Chapter 9.150, Parking C C C X C C X C Warehousing and Heavy Commercial Uses5 314 123 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Wholesaling/distribution centers, general warehouses with no sales to consumers C P X X X X X X General warehouses, with no sales to consumers C P X X X X X Mini-storage warehouses X X6 X X X X X X Lumber yards, outdoor (see retail stores for indoor lumber sales) X M X X X X X X Pest control services M P X X X X X X Plumbing repair shops C P X X X X X Contractor offices, public utility and similar equipment/storage yards X M X X X X P X Central cleaning or laundry plants X X X X A X X X Communication or relay facilities/antennas as primary use C C C C C C C Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood X P X X X X X X Research and development P P X X X X X X Recording studios M P X X X X X M Bottling plants X P X X X X X X Sign making, except sandblasting P P X X X X X Sign making, including sandblasting X P X X X X X 315 124 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Recycling centers as a primary use, collection and sorting only, subject to Section 9.100.190 X C X X X X C X Off-site hazardous waste facilities, subject to Section 9.100.230 X C X X X X X X Accessory Uses and Structures Construction and guard offices, subject to 9.100.170 PT PT PT PT PT PT PT TP Portable outdoor vending vendor uses (such as flower stands, hotdog stands, etc.), subject to Section 9.100.100110 M M M M M M M M Swimming pools as an accessory use A A A A A A A A Indoor gGolf or tennis facilities as an accessory use A A A A A A A A Outdoor golf or tennis facilities as an accessory use M M M M M M M M Signs, subject to Chapter 9.160 A A A A A A A Fences and walls, subject to Section 9.100.030 A A A A A A A Antennas and satellite dishes, subject to Section 9.100.070.A.2 A A A A A A A A Reverse vending machines and recycling dropoff bins, subject to Section 9.100.190 A A A A X X A M Recycling dropoff bins, subject to Section 9.100.190 M A M M X X A 316 125 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Incidental on-site products or services for employees or businesses, such as child day care, cafeterias and business support uses A A A A A A A A Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the director A A A A A A A A Temporary Uses Christmas tree sales, subject to Section 9.100.080 T T T T X X T T Halloween pumpkin sales, subject to Section 9.100.090 T T T T X X T T Stands selling fresh produce in season, subject to Section 9.100.100 T T T T X X T T Sidewalk sales, subject to Section 9.100.130 T T T T T T X T Temporary outdoorSpecial events, subject to Section 9.100.140 T T T T T T T T Construction and guard offices, subject to Section 9.100.170 T T T T T T T Use of relocatable building, subject to Section 9.100.180 T T T T T T T T Holiday period storage subject to 9.100.050 M M M M M M M M 317 126 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Re g i o n a l Co m m e r c i a l Co m m e r c i a l P a r k Co m m u n i t y Co m m e r c i a l Ne i g h b o r -ho o d Co m m e r c i a l To u r i s t Co m m e r c i a l Of f i c e Co m m e r c i a l Ma j o r C o m m u n i t y Fa c i l i t i e s Vi l l a g e Co m m e r c i a l Land Use CR CP CC CN CT CO MC VC Other Uses Fortunetelling and palmistry C X C X X X X Sexually oriented businesses, subject to Section 9.110.0807 C X X X X X X X Medical marijuana dispensaries X X X X X X X X Other uses not listed in this table: per Section 9.20.040, director of or planning commission to determine whether use is permitted Notes: 1 Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items.Unless use is specifically listed elsewhere in this table. 2 With no consumption of alcohol on the premises. 3 If part of a mixed-use project per Section 9.80.020 or 9.80.0309.140.120. 4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, 9.60.270. 5 Subject to Section 9.100.120, Outdoor storage and display. 6 Mini-storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this section), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a site development permit. Any modification or expansion shall conform to the development standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development Standards. 7 Property must also be located within the SOB (sexually oriented business) overlay district. (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009; Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1, 2005; Ord. 397 § 1 (Exh. A), 2004; Ord. 325 § 1 (Exh. A), 1998; Ord. 307 § 1, 1997; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 318 127 Chapter 9.90 NONRESIDENTIAL DEVELOPMENT STANDARDS 9.90.010 Maximum building height. For purposes of this code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: (Ord. 284 § 1 (Exh. A), 1996) 9.90.020 Roof projections. A. Encroachments Permitted. Notwithstanding Figure 9-8 preceding, architectural features not containing usable floor spacesquare footage, such as chimneys, towers, gables and spires, are permitted to extend fifteen feet above the maximum structure height set forth in Table 9-6 following if approved as part of a site development or other permit. The aggregate floor or “footprint” area of such architectural features shall encompass no more than ten percent of the ground floor areasquare footage of the structure. B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 9-6 (see Chapter 9.170 for telecommunication facilities and Section 9.100.070, Satellite and other antennas). (Ord. 492 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 319 128 9.90.030 Wall projections. A. Permitted Encroachments. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of three feet into any of the required setbacks specified in Table 9-6 provided such projections do not extend over the property line. B. Prohibited Encroachments. Seating windows, balconies, exterior stairways and similar features shall not encroach into required setbacks. (Ord. 284 § 1 (Exh. A), 1996) 9.90.040 Table of development standards. Table 9-6 following and the illustrations in Section 9.90.050 set forth standards for the development of property within nonresidential districts. Notwithstanding Table 9-6, different standards shall apply if special zoning symbols, described in Section 9.20.030, are designated on the official zoning map. Table 9-6 Nonresidential Development Standards Development Standard District CR* CP* CC CN CT CO MC VC Minimum—Maximum building site (acres) n/a n/a n/a 1-20 n/a n/a n/a n/a Maximum building height (ft.)1, 6 50 35 40 35 40 40 40 35 Maximum number of stories 4 2 3 2 3 3 3 2 Maximum floor area ratio (FAR)2 .35 .50 .30 .25 .25 .30 n/a n/a Minimum perimeter building/landscape setbacks (in ft.)4 From Highway 111 right- of-way1 50/50 50/50 50/50 n/a n/a n/a n/a n/a From all primary image corridor3 rights-of- way1 (except Hwy 111) and from all major and primary 30/20 30/20 30/20 30/20 30/20 30/20 30/20 n/a 320 129 arterials From all other perimeter street rights-of- way1 20/10 20/10 20/10 20/10 20/10 20/10 20/10 n/a From residential districts and PR, OS and GC districts1 50/10 50/10 50/10 30/155 30/155 30/155 30/155 10/0 Minimum setback from interior property lines within the same project 0 0 0 0 0 0 0 0 Parking and signs See Chapters 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 19.100.050 Notes: * Specific Plan approval required for development or land division greater than ten acres in the CR, CP and CT districts. * Specific plan approval required for development or land division greater than ten acres in the CR, CP and CT districts. 1 All minimum perimeter setbacks shall be increased one foot for every foot in height that building is above thirty-five feet. Mixed use projects are exempt from this requirement. 2 FAR means the gross floor area of all buildings divided by the building site area. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street).See General Plan Exhibit II-4. 4 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum five percent; nonparking areas: minimum five percent (also see Section 9.100.050). 5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20. 6 Not including basements. Also, notwithstanding above table, the maximum structure height equals twenty-two feet for all buildings within one hundred fifty feet of any general plan primary image corridor and major or primary arterials. (Ord. 466 § 1, 2009; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 321 130 9.90.050 Illustration of development standards. INTERIOR LANDSCAPING REQUIRED IN ALL DISTRICTS (in addition to landscape setbacks) AS A PERCENT OF NET PROJECT AREA: WITHIN PARKING AREAS: 15% WITHIN NON-PARKING AREAS: 5% 322 131 (Ord. 284 § 1 (Exh. A) (part), 1996) 9.90.060 Irregular lots. A. Purpose. The purpose of this section is to provide standards for the establishment and measurement of setbacks on irregular lots. B. Perimeter Setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback. C. Pie-Shaped Lots. Setbacks on pie-shaped lots shall be measured at the closest point between the building and the angled lot line. D. Flag or Panhandle Lots. 1. Definition. For purposes of this section, “panhandle lot,” “flag lot,” “panhandle building site,” and “flag building site” all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than forty feet wide and more than twenty feet long. 2. Setbacks. All setbacks shall be the same as for other lots in the applicable district. The front lot line shall be the line closest to parallel to the street on which the lot accesses, unless determined otherwise by the Director.All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the “panhandle” portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. E. Determination by Director. Where a building site is situated such that any of the property lines are not readily determinable, required setbacks shall be as determined by the director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.90.070 Setbacks from surface easements. Where a surface easement for street, vehicular access, bikeway or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. (Ord. 284 § 1 (Exh. A) (part), 1996) 323 132 Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.010 Purpose and intent. This chapter sets forth requirements for outdoor storage, sidewalk sales, service stations, noise control, and other special aspects of land use in nonresidential districts. These requirements are in addition to the other regulations set forth in this zoning code. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.020 Parking and signs. Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.030 Fences and walls. A. Purpose. Definition. For purposes of this section, “fence” or “wall” means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms “fence” and “wall” are used interchangeably in this section to mean any or all of the preceding structures. B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to forty-eight inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences thirty inches or more apart (between adjoining faces) shall be considered separate structures and their heights shall be measured independently provided the area between the fences is landscaped and provided with a permanent irrigation system. Fences less than thirty inches apart shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. C. Height Standards. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be twelve feet. 324 133 2. Setback Areas Not Bordering Streets. The maximum height shall be six feet within any required front, rear or side setback area not adjoining a street. However, where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. Adjacent to any residential district, fence height shall not exceed eight feet measured from either side. 3. Setback Areas Bordering Street, Alleys and other Accessways. a. Maximum fence height shall be thirty inches within the first ten feet of the required front setback area (measured from the street). b. Where, because of the orientation of the lots, a property line fence borders both a front yard on one lot and a rear yard on the adjacent lot, the maximum height shall be six feet. c. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of subsection D of this section. d. City- or state-required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the director. D. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding subsection (C)(3) of this section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows: 1. The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum height of thirty inches within the triangular area formed by drawing a straight line: a. Between two points located on and twenty feet distant from the point of intersection of two ultimate street right-of-way lines; b. Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of- way on the other if parkway width is less than twelve feet wide. 2. For purposes of this code, “point of intersection” means the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. 3. The height restrictions of this subsection shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. E. Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded or its nonconformance with these standards otherwise 325 134 increased. Any fence which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt or reconstructed except in conformance with the standards of this section. F. Prohibited Fence Materials. The use of barbed wire, razor wire or similar materials in or on fences is prohibited in all nonresidential zones. In addition, chain link fencing is prohibited in any location where it is readily visible from off the site. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.040 Landscaping. A. Landscape Plans. A landscape and irrigation plan shall be prepared and implemented for all development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcover, inert materials, or any combination thereof. B. Landscaping Standards. Landscaping shall be installed and maintained in accordance with the following standards: 1. In addition to the perimeter landscape setbacks required per Section 9.90.040, interior landscaping shall be provided as follows: a. Landscaping equal to at least five percent of the net parking area shall be provided within parking areas. Parking area landscaping shall be in accordance with the requirements of Section 9.150.080 (Parking facility design standards). b. Landscaping equal to five percent of the net project area to be provided within nonparking areas, such as next to buildings. Totally enclosed uses within the commercial park district such as storage facilities are exempt. c. Perimeter landscape setbacks shall not be credited toward the interior landscaping requirement. 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 3. Permanent automatic irrigation facilities shall be provided for all landscaped areas. 4. All landscaping shall be maintained in a neat, clean and healthy condition at all times, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. 5. Height of landscaping along all streets and boundaries shall comply with Section 9.100.030 (Fences and walls). 6. The majority of the plant material used in landscaped areas shall be water efficient and drought tolerant. 7. Perimeter setback and parkway areas in the street right-of-way shall have berms and mounds to screen parking areas in the adjacent commercial property. One hundred percent of the 326 135 longitudinal length adjacent to the street shall have berms and mounds exceeding three feet, but not more than four feet. The berms and mounds shall be undulated and fluctuating in position to accommodate the meandering sidewalk and shall cover not less than sixty-five percent of the landscape setback area. Incidental stormwater that falls on said setback areas may be retained on the setback area. C. Use of Landscape Setback Areas for Retention Along Highway 111 Only. The landscape setback area shall not be used for stormwater retention for stormwater falling on the project site, but may be used for some stormwater retention for stormwater falling within the setback area itself and the adjacent street right-of-way provided the retention areas are designed to the following guidelines: 1. The maximum depth of the depressed areas for stormwater retention shall not exceed 2.0 feet below the adjacent street curb. 2. The maximum slope steepness shall not exceed four to one anywhere in the landscaped setback area, and shall not exceed eight to one in the first six feet adjacent to the curb in the right-of- way. 3. The basin areas shall have a curvilinear perimeter. 4. The sidewalk shall not enter any retention area where the sidewalk may be subject to inundation by any fifty-year storm. (Ord. 414 § 1 (part), 2005; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.050 Screening. A. Screening Required. Screening shall be provided for all nonresidential uses in accordance with this section. The planning commission may also require screening beyond that required in this section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the projectmodify screening requirements. B. Screening of Mechanical Equipment. Roof-mounted mechanical equipment such as air conditioning, ventilating units, ducting, roof access structures, etc., shall be screened as follows: 1. Screening shall be provided so that the highest point of the equipment is below the surrounding parapet wall or other screening enclosure such that the equipment is not visible from a horizontal line of sight. 2. If the building roof is visible from surrounding higher buildings, roof equipment shall be screened from such buildings via metal latticework, metal louvers, or similar features unless determined unnecessary by the decision-making authority. 3. Screening enclosures shall be an integral part of the roof design and not appear as an “add-on.” 327 136 4. Wall-mounted exterior roof access ladders are prohibited if visible from off-site or from on-site pedestrian plazas, courtyards, or walkways. C. Screening of Facilities. Storage, trash and loading area facilities shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials or equipment shall be screened from public view as required by Section 9.100.120 (Outdoor storage and display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section 9.100.200. Gates shall not open toward a public street. Landscaping or decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain or buildings. 3. Loading Areas. Loading platforms and berths shall be screened from adjacent streets and from residential, open space and recreation areas. D. Screening of Property. Screening of property shall be installed in accordance with the following standards: 1. Height Standards. All screening shall comply with the height standards of Section 9.100.030 (Fences and walls). 2. Abutting Residential and Open Space Areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned or designated for residential or open space uses. Required screening shall be at least six feet in height except where prohibited by Section 9.100.030 (Fences and walls). 3. Parking Along Public Streets. Screening shall be installed to shield views of parking areas from public streets in accordance with Section 9.150.080 (Parking facility design standards). 4. Allowance for Grade Differential. In order to take into account the effect of grade differentials on visibility, the city decision-making authority may require increased or decreased screening than that set forth in this section if the finished elevation within five feet of the site boundary is different from that of the building site. 5. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), open panels (e.g., containing wrought iron), periodic variations in materials, texture or colors, and similar measures. 6. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision-making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision-making authority 328 137 determines that screening is not required, walls may incorporate tubular steel, wrought iron or other open design. 7. Screening Materials. Screening shall 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. Walls shall utilize durable materials, finishes and colors consistent with project buildings. b. Solid Fences. Solid fences may be used for screening, and the materials used for these fences, 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. Berms. Landscaped berms may be used for screening or in combination with walls, solid fences, and plant screens. d. 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 afterat 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. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.100.060 Detached accessory structures. A. Permitted Accessory Structures. Detached accessory structures are permitted on nonresidential parcels containing a primary use subject to the following requirements: 1. Foundation. Accessory structures shall be placed on a permanent foundation. 2. Height and Placement. Except as specified in subsection (A)(3)(a) of this section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed twelve feet in height. 3. Setback Reductions. Detached accessory structure shall be screened from both street and public parking area views, subject to the following requirements: 329 138 a. Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet. b. Screening. Screening materials shall be not less than six feet high and shall be in compliance with Section 9.100.030 (Fences and walls). Screening may consist of one or more of the following: i. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick. ii. Solid Fences. A solid fence shall be constructed of wood or other materials to form an opaque screen. iii. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants provided with a permanent automatic irrigation system. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within eighteen months after initial planting. Plant materials shall be maintained in a neat, clean and healthy condition at all times. B. Prohibited Locations. Detached accessory structures are prohibited in the following locations: 1. Where fences and walls are limited to a maximum height of two and one-half feet as specified in Section 9.100.030 (Fences and walls). 2. Within the front fifty feet or front half of any building site, whichever is less. 3. Within the panhandle portion of a panhandle building site. (Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.100.070 Satellite dish and other antennas. A. Permits Required. The following antennas are allowed in nonresidential districts: 1. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Wireless Telecommunication Facilities) 2. Permitted Accessory Antennas Other than Those Described Above. Roof-mounted antennas screened from a horizontal line of sight and ground-mounted antennas which do not exceed ten feet in height and which meet the requirements of subsection B of this section may be permitted as accessory structures without a minor 330 139 use permit. All other antennas shall require approval of a minorconditional use permit. B. Development Standards. Antennas within nonresidential districts may be ground-mounted or building-mounted provided the following requirements are met: 1. Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings. 2. A ground-mounted antenna which is an accessory use shall be located within the rear yard (minimum five-foot from the rear property line) or may be located within a side yard if not within the required side yard setback. Ground-mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. 3. Antennas, including roof-mounted antennas, shall not exceed the building height standards for the district in which they are located. 4. All accessory antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain. 5. Compliance with Chapter 9.170 of the LQMC. (Ord. 492 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.100.080 Christmas treeHoliday sales lots (including Christmas tree lots and Halloween pumpkin sales lots). Temporary Christmas treeHoliday sales facilities are permitted subject to approval of a temporary use permit and the following requirements: A. The facility shall not be established prior to Thanksgiving30 days prior to the Holiday in any calendar year. B. Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorationsthe applicable Holiday. C. The applicant shall secure an electrical permit. D. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8th following the applicable Christmas hwithin 15 calendar days of the applicable Holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. E. Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal. 331 140 F. Off-street parking and vehicular access shall be provided to the satisfaction of the dDirector. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding thirty-two square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited. (Ord. 480 § 1, 2010; Ord. 284 § 1 (Exh. A) (part), 1996) A. 9.100.090 Halloween pumpkin sales. Temporary Halloween pumpkin sales facilities are permitted subject to approval of a temporary use permit and the following requirements: A. The facility shall not be established prior to October 1st of any calendar year. B. Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. C. The applicant shall secure an electrical permit. D. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14th following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. E. Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal. F. Off-street parking and vehicular access shall be provided to the satisfaction of the director. G. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding thirty-two square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.090100 Produce and flower stands. Temporary fresh produce and flower stands are permitted subject to approval of a temporary use permit and the following requirements: A. Fresh produce and flowers may be sold from a temporary sales facility. The temporary use permit for a sales facility shall include permitted dates of operation. 332 141 B. A fresh produce sales facility shall be open for business only during the season when locally grown produce and flowers are harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation, up to a maximum of ninety days. C. Such a facility may not sell items not directly associated with fresh produce or flowers. D. The applicant shall secure an electrical permit if electric power is to be provided. E. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. F. Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal. G. Off-street parking and vehicular access shall be provided to the satisfaction of the director. H. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding thirty-two square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, and light strings are prohibited. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.1010 Outdoor vendors. A. Definition. See Chapter 9.280 B. Minor Use Permit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section 9.210.020. All such uses shall comply with the following standards: 1. An outdoor vending use may only be established as accessory to the principal use on the parcel. 2. The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. 3. The outdoor vending site shall not exceed one hundred fifty square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. 4. The outdoor vending use shall not be located on public sidewalk or within a public street right-of-way. 5. The operator/owner shall obtain other necessary licenses and permits required for such activities by city ordinances. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 333 142 9.100.1120 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 9.100.130 120 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 334 143 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. 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. Minor Outdoor Merchandise Display. A maximum of ten 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 ten feet from said business, shall not interfere with pedestrian access and ADA compliance, and shall only be in place during business hours. F. Outdoor Display and Sales for Commercial Retail Uses Greater than One Hundred Thousand Square Feet. Outdoor display and sales areas in conjunction with retail commercial businesses having over one hundred thousand 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 ten percent of the gross floor area of the retail commercial building. 335 144 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. G. 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. 336 145 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. 506 § 1, 2013; Ord. 497 § 1, 2012; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.100.1230 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. See Chapter 9.280See Chapter 9.280. 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. Up to 6 sidewalk sales may occur annually. The applicant shall notify the Planning Division a minimum of one week prior to each sidewalk sale. Failure to comply with this provision could lead to revocation of the Temporary Use Permit. 1.2. 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. 2.3. 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 at any location, not to exceed six times per year. Each such special commercial event shall require the approval of a temporary use permit. Special commercial events which benefit nonprofit organizations can be held more than six times per year if conducted on sidewalk areas and approved by the Community Development DirectorDirector regardless of who is sponsoring or participating in the event. 3.4. Adequate and legal pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4.5. Adequate vehicle access shall be maintained around merchandise, displays or temporary structures placed in parking areas. 337 146 5.6. 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. 6.7. 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. 7.8. Temporary signs may be permitted subject to the provisions of Section 9.160.060 (Permitted temporary signs). (Ord. 497 § 1, 2012; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.100.1340 Temporary Special outdoor events. Temporary Special 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 DirectorDirector 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 DirectorDirector 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. 338 147 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. D. 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. E. Any business may be eligible to conduct special events more than three times in a calendar year on a nonresidential property parcel, subject to the approval of a minor use permit. The term for special events beyond a calendar year may be established by the minor use permit. A minor use permit for special events is subject to the special events provisions and may be referred to the planning commission for review if the Director determines that the public interest would be better served by such referral. 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 per 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 Community Development DirectorDirector. 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) 339 148 9.100.14310 Seasonal sales businesses. A. Purpose. This section provides regulations for temporary businesses operating at a single location within an existing commercial building or interior tenant space on a seasonal or short-term basis for a period not to exceed ninety consecutive days within a calendar year. This chapter shall not apply to those businesses which intend to operate, or have been in operation, longer than a ninety-day period at a single location. B. Where Permitted. Seasonal sales businesses may be permitted with a temporary use permit as per Section 9.210.050 when identified as a permitted land use under Section 9.80.040. C. City Business License Required. All seasonal businesses shall obtain a city business license and have a point of sale within the city of La Quinta. D. Signs. Temporary signs for seasonal sales businesses shall be permitted in accord with Section 9.160.050 through approval of the temporary use permit. Permitted temporary sign material shall be limited to a minimum one-inch thick plastic formed lettering affixed to the building façade. All sign lettering shall promptly be removed upon expiration of the temporary use permit and the façade shall be restored to its prior condition. Seasonal sales businesses shall not be permitted an additional sign permit for a “grand opening” banner or permanent sign. (Ord. 480 § 1, 2010). 9.100.145 Temporary holiday period outdoor storage. A. Purpose. This section provides regulations for the temporary outdoor storage of merchandise, materials and equipment specifically required for interior sales and display during the period from November 1 to January 15 (holiday period). B. Where Permitted. The storage 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 9.100.120 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Permit Required. Holiday period storage can be included in a Site Development Permit, when a commercial building is constructed; or with a Minor Use Permit, if holiday period storage is to occur after a commercial building has been constructed and occupied without inclusion of holiday period storage in the Site Development Permit application. If approved, holiday period storage can occur every year subsequent to the approval without renewal, provided that the location, 340 149 number of storage facilities and fencing, if any, are consistent with the original approval. D. Locational Criteria. Holiday period storage must occur entirely within enclosed facilities (including storage containers or sheds) located at the rear of and immediately adjacent to the business they serve. Holiday period storage shall not obstruct vehicular or pedestrian travel ways, trash enclosures, or other permanent components of a business or building. E. Site Plan Required. The Site Development Permit or Minor Use Permit application shall be accompanied by a site plan which clearly shows the location, type and number of storage facilities to be provided, their location, and any proposed fencing. F. Findings. The findings required under Section 9.210.020 shall apply. G. Revocation of Permit. The Community Development DirectorDirector may revoke a permit allowing holiday period storage if the Director finds that the conditions of approval, site plan or other documentation provided in the original approval have not been implemented or have been modified without City approval. H. Duration of Storage. Under no circumstances shall holiday period storage occur on any commercial site before November 1 or after January 15 of any year. 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 secti on. 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 341 150 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. See Chapter 9.280. F. General Requirements. 1. Shielding. All exterior illuminating devices, except those exempt from this section and those regulated by subsection G of this section shall be fully or partially shielded as required in the table contained in this subsection. a. “Fully shielded” means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of ligh t above the horizontal. b. “Partially shielded” means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays above the horizontal. 2. Filtration. Those outdoor light fixtures requiring a filter per the table following shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement. 3. Height. Building-mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Pole or fence- mounted decorative and landscape lights shall be located no more than eight feet above grade. 4. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties and shall comply with Section 9.100.150. 5. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table: Table 9-7 Requirements for Shielding and Filtering of Outdoor Lighting (see also footnotes following table) 342 151 Fixture Lamp Type Shielding Requirement Filtering Requirement Low pressure sodium2 Partially None High pressure sodium Fully None Metal halide3 Fully Yes Fluorescent Fully4 Yes5 Quartz6 Fully None Incandescent, greater than 160 watts Fully None Incandescent, 160 watts or less None None Mercury vapor Fully7 Yes7 Fossil Fuel None None Glass tubes filled with neon, argon or krypton None None Other sources As required by the building official Footnotes: 1 Most glass, acrylic or translucent enclosures satisfy these filter requirements. Quartz glass does not meet this requirement. 2 This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. 3 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. 4 Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. 5 Warm white and natural lamps are preferred to minimize detrimental effects. 6 For the purposes of this section, quartz lamps shall not be considered an incandescent light source. 7 Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited. G. Prohibited Lighting. 1. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than one hundred sixty watts, fossil fuels, and/or glass tubes (see table in subsection F of this section). 2. New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded. H. Procedures for Compliance. 1. Applications. a. Any individual intending to install outdoor lighting fixtures (other than incandescent of one hundred sixty watts or less) shall submit an application to the building and safety department providing evidence that the proposed work will comply with this section. 343 152 b. Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent of one hundred sixty watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this section. c. Utility companies, lighting or improvement districts entering into a duly approved contract with the city in which they agree to comply with the provisions of this section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. 2. Contents of Application. The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the city regulations for the required permit: a. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturers catalog cuts, and drawings (including sections where required). c. The above required plans and descriptions shall be sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. 3. Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this section, the building official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. 4. Appeals. Appeal procedures of the zoning regulations for decisions of the building official shall apply. 5. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the building official for 344 153 approval, with adequate information to assure compliance with this section. I. Exemptions. 1. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of Ordinance 148 (the original ordinance adopting these outdoor lighting regulations) may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, and (after abandonment) no restorations of outdoor light fixtures other than bulb replacement shall be made unless it thereafter conforms to the provisions of these regulations. 2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the requirements of this section. 3. Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the county of Riverside, or the city of La Quinta are exempted by law from all requirements of this section. Voluntary compliance with the intent of this section at those facilities is encouraged. 4. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this section with the following limitations: a. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in subsection F of this section. b. No such outdoor recreational facility shall be illuminated by nonconforming means after ten p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to ten p.m. J. Temporary Exemptions. 1. Request for Temporary Exemptions. Any individual may submit application for a minor use permit, on a form prepared by the planning departmentPlanning Division, to the building official for a temporary exemption to the requirements of this section. Such exemptions shall be valid for thirty days. The request for temporary exemption shall contain, at a minimum, the following information: a. Specific exemptions and justification for exemptions requested; b. Type, use and hours of operation of exterior light involved; 345 154 c. Duration of time for requested exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp or lamps; f. Proposed location and heights of exterior light; g. Physical size of exterior lights and type of shielding and/or filtering provided; h. Previous temporary exemptions, if any. 2. Special Exemption. The Community Development DirectorDirector may grant a special exemption to the requirements of the table in subsection F of this section only by approval of minor use permit which includes a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The request for a special exemption shall contain, at a minimum, the information specified in items a through g of subsection (J)(1) of this section. 3. Additional Information. In addition to the information required in subsection (J)(1) of this section, the building official may request any additional information which would enable the building official to make a reasonable evaluation of the request for temporary exemption. 4. Appeal for Temporary Exemption. The building official, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal to the planning commission for review pursuant to the procedures applicable to any other appeal of a decision of the building official. 5. Extension of Temporary Exemption. Any individual requesting a temporary exemption for a period greater than thirty days, or an extension beyond the original thirty-day period for a temporary exemption shall apply for a minor use permit to the planning commission and city council. The conditional use permit application shall contain (in addition to other use permit requirements) the information specified in subsections (F)(1) through (F)(3) of this section. K. Public Nuisance. Any light fixture installed after the effective date of the ordinance codified in this zoning code which violates the provisions of this section constitutes a public nuisance and shall be abated. L. Premises Identification. 1. Street numbers or addresses assigned by the city or the county shall be provided for all new buildings in such a position as to be 346 155 plainly visible and legible from the street or road fronting the property. 2. All dwelling units shall have a wall-mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single-residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed. M. Display Lighting Use. With the approval of a minor use permit, searchlights and laser lights may be used. Display lighting is defined as a beam of light projected into the sky. This type of lighting shall comply with the following requirements: 1. Permits shall be issued for grand openings only. A grand opening shall commemorate an initial building or project opening, a change in ownership of an existing business, or remodel/enlargement of over fifty percent of the floor area or a new business in an existing building. 2. The only uses allowed to apply for this permit are: shopping centers with not less than fifty thousand square feet of least area, hotel with fifty plus rooms, or part of an automall. 3. The application for a permit must be received two weeks prior to the event 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 six days per calendar year. 6. Section 5.64.060 of the Municipal Code, regarding use of searchlights shall be complied with. 7. Use of display lights may be in conjunction with an entertainment event or similar activity. 8. FAA approval shall be obtained prior to each event, if required. (Ord. 361 § 1 (Exh. A) (part), 2001; 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 nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit per to Section 9.210.020 and the following standards: 347 156 A. TheOne (1) caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located. B. The residence shall be a minimum of six hundred square feet in floor area. C. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building 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 with a grading or building permit 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. 348 157 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 directors 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) 9.100.180 Relocatable buildings. A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions: A. The temporary use permit application shall include the following: 1. A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent. 2. A plot plan showing the location of all uses and structures, both temporary and permanent. 3. Supplementary exhibits, as required by the director to adequately review the proposal, such as building elevations, landscaping, grading, access and utility service. B. A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit. C. A cash bond to insure removal of the building and restoration of the site for each relocatable building or trailer shall be posted with the director to guarantee removal of each coach from the site upon expiration of the temporary use permit. D. A temporary use permit for a relocatable building shall be approved for a maximum of two years from date of approval. (Ord. 284 § 1 (Exh. A) (part), 1996) 349 158 9.100.190 Recycling collection facilities. A. Drop-Off Bins and Reverse Vending Machines. Drop-off bins and reverse vending machines for the collection of nonhazardous household materials (e.g., cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing primary use in any nonresidential district. If located outside of a building, a minor use permit approved pursuant to Section 9.210.020 shall be required for drop-off bins in the CR, CC and CN districts. All such outdoor facilities shall comply with the following standards: 1. Drop-Off Bins. Drop-off bins shall be established only in conjunction with an existing nonresidential use which is in compliance with zoning, building and fire codes. a. The drop-off facility shall be no larger than five hundred square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the building setbacks for the district and shall not occupy parking spaces required by the primary use. b. The facility shall be screened from view from public streets and primary parking areas. c. The facility shall not obstruct pedestrian, vehicular and emergency access. d. The bins shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule. Any deposit or storage of materials outside of the containers is prohibited. e. The facility shall be maintained free of odor, litter and other nuisances, on a daily basis. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility regularly. f. Facilities within one hundred feet of a property zoned or occupied by residential uses shall operate only between the hours of nine a.m. and seven p.m. g. Containers shall be clearly marked to identify the type of materials which may be deposited. The facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and shall display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed sixteen square feet and shall not be illuminated. 350 159 2. Reverse Vending Machines. Reverse vending machines shall only be established in conjunction with an existing nonresidential use which is in compliance with the zoning, building and fire codes. a. Machines shall be located adjacent to the main building on the site and within thirty feet of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation. b. Machines shall not occupy any parking spaces required by the primary use. c. Machines shall occupy no more than fifty square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight feet in height. d. Machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four square feet per machine and shall be located on the machine. e. The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly. B. Recycling Collection Centers. Recycling collection centers may be permitted in the CP and MC districts with approval of a conditional use permit pursuant to Section 9.210.020. Such facilities may accommodate nonhazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the provisions of Section 9.100.230 (Hazardous waste and materials)approval of the Fire Department and the Riverside County Department of Environmental Health. No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following standards: 1. The collection center shall be screened from public view by operating within an enclosed building or within a screened outdoor yard on a site which complies with the landscaping and screening standards of Sections 9.100.040 and 9.100.050. 2. The facility shall comply with the setback requirements of the applicable zoning district pursuant to Section 9.50.030. 3. All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set forth in subsection A1 of this section. 4. The facility shall be maintained free of odor, litter and other nuisances at all times. 351 160 5. If the facility accommodates public drop-off of materials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.200 Trash and recyclable materials storage. A. Purpose. This section is intended to implement the provisions of State Public Resources Code Section 42900 et seq. which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple-family residential and nonresidential development projects. This section also addresses the related subject of common trash areas in such projects. B. Recycling Containers Required. In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments: 1. Any new multiple-family residential project with five or more units and a common solid waste collection area; 2. Any new single-family residential area with a common solid waste collection area serving five or more units; 3. Any new nonresidential project; and 4. Any existing multiple-family project of five or more units, or nonresidential project which expands by thirty percent or more in floor area. C. Recycling Plan Required. Each nonresidential development which is required to provide recycling containers under the provisions of this section shall submit a recycling plan to be processed in conjunction with the site development permit. The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials. D. Trash Enclosure Required. Nonresidential developments and attached and multifamily residential projects with common trash areas shall locate trash and recyclable materials containers within an enclosed area. Enclosures for trash and recycling containers shall comply with the following standards: 1. Enclosure Placement. Separate enclosures shall be provided for trash and recyclable materials in nonresidential districts. The enclosures shall be: a. Located within two hundred fifty feet of all businesses served by the enclosure; b. Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters; and 352 161 c. Located substantially away from public viewscape, pedestrian and vehicle circulation areas unless determined infeasible by the decision-making authority. 2. Enclosure Design. Enclosures shall be constructed on a concrete pad sloped to drain under the gate. Enclosures shall be of an adequate size to accommodate the containers they enclose per disposal company and city standards. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six feet high and shall be made of strong, durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self-latching, metal or metal- framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from collisions with large, heavy containers. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from higher terrain. 3. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with this section. Gates shall not open toward a public street. Decorative overhead structures such as metal trellises shall be integrated into the enclosure design or tall landscaping planted on the affected side if it is visible from higher terrain or buildings. E. Weather Protection. Each enclosure or individual container shall be designed and maintained so that deposited materials are contained during windy periods. Enclosures or containers designated for recyclable materials which could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions. F. Maintenance. Each enclosure shall be maintained to preserve its appearance and function and to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly. (Ord. 284 § 1 (Exh. A, B) (part) 1996) 9.100.210 Noise control. A. Purpose. The noise control standards for nonresidential land use districts set forth in this section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the “other nonresidential” standard. All noise measurements shall be taken using 353 162 standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by director to be most appropriate to the individual situation. 354 163 Land Use Compatibility for Community Noise Environments Land Uses CNEL (dBA) 50 55 60 65 70 75 80 Residential - Single Family Dwellings, Duplex, Mobile Homes A B C D Residential – Multiple Family A B C D Transient Lodging: Hotels and Motels A B C D School Classrooms, Libraries, Churches, Hospitals, Nursing Homes and Convalescent Hospitals A B C D Auditoriums, Concert Halls, Amphitheaters B C Sports Arenas, Outdoor Spectator Sports B C Playgrounds, Neighborhood Parks A C D Golf Courses, Riding Stables, Water Recreation, Cemeteries A C D Office Buildings, Business, Commercial and Professional A B D 355 164 Industrial, Manufacturing, Utilities, Agriculture A B D Source: California Department of Health Services, “Guidelines for the Preparation and Content of the Noise Element of the General Plan,” 1990 A Normally Acceptable: With no special noise reduction requirements assuming standard construction. B Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design C Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. D Clearly Unacceptable: New construction or development should generally not be undertaken. Exterior Noise Standards Receiving Land Use Noise Standard Time Period Noise sensitive 60 65 dB(A) 50 dB(A) 7:00 a.m.— 10:00 p.m. 10:00 p.m.—7:00 a.m. Other nonresidential 75 dB(A) 65 dB(A) 7:00 a.m.—10:00 p.m. 10:00 p.m.—7:00 a.m. If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this section shall be reduced by five dB(A). B.C. Noise Limits. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed: 1. The noise standard for a cumulative period of more than thirty minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than fifteen minutes in any hour; 356 165 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus fifteen dB(A) for a cumulative period of more than one minute in any hour; or 5. The noise standard plus twenty dB(A) for any period of time. 6. For purposes of this section, the term “cumulative period” means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. C.D. Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted. D.E. Exemptions. The following are exempt from the noise restrictions of this section: 1. Emergency vehicles or other emergency operations. 2. City maintenance, construction or similar activities. 3. Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code. E.F. Enforcement. The city building official shall have the responsibility and authority to enforce the provisions of this section. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.220 Operational standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. A. Equipment. All ground-mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. Such screening shall consist of perimeter walls or fencing (if permitted), screen walls, or dense landscaping. B. Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. C. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. 357 166 D. Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and firefighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by city code. E. Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. F. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. G. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Upgrades and retrofits to existing buildings, in accordance with energy reduction measures CI-1 through CI-6 of the City’s Greenhouse Gas Reduction Plan, are encouraged. New buildings should be designed to minimize energy consumption consistent with energy efficiency measures ND-1 through ND-3 of the City’s Greenhouse Gas Reduction Plan, to the greatest extent possible. H. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. I. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the State Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.230 Hazardous waste and materials. A. Purpose. This section provides regulations to satisfy the requirements of State Health and Safety Code Section 25100 et seq. and State Administrative Code Title 22 regarding the handling and disposal of hazardous waste and materials. 358 167 B. Hazardous Materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in subsection C of this section: 1. Hazardous Waste Management. Prior to issuance of a certificate of occupancy for any land use listed in subsection C of this section, the applicant shall provide plans and identify measures to comply with applicable regulations in a manner approved by all health and sewering agencies. 2. Underground Storage Tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with applicable regulations in a manner approved by the health agency. C. Applicability. The requirements of subsection B of this section pertaining to hazardous materials shall apply to the following land uses: 1. Automotive and vehicle maintenance, repair or painting. 2. Chemical and commercial cleaning product distribution or sales. 3. Cleaners, self-service laundries and vehicle washes. 4. Home improvement product, lumber and hardware sales. 5. Manufacturing. 6. Medical facilities. 7. Metal plating. 8. Mining and extraction. 9. Nurseries. 10. Oil and gas exploration and extraction. 11. Paint and finishing product sales. 12. Photo processing. 13. Recreation facilities such as golf courses, yacht clubs and amusement parks. 14. Recycling or resource recovery with potential for contact with hazardous materials. 15. Research, laboratory and testing facilities. 16. Service stations. 17. Transportation service facilities. 18. Utilities. 19. Waste disposal and treatment operations. 20. Wrecking and salvage facilities. 21. Other generation of hazardous waste, including materials to be disposed of by sanitary sewer. 359 168 D. Off-site Hazardous Waste Facilities. 1. Definition. For the purposes of this section, the term “off-site hazardous waste facility” means any structures, other appurtenances, or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to: a. Incineration facilities (i.e., rotary kiln, fluid bed, etc.); b. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); c. Stabilization/solidification facilities; d. Chemical oxidation facilities; e. Neutralization/precipitation facilities; or f. Transfer/storage facilities. 2. Where Permitted. Off-site hazardous waste facilities may be established in the CP district if a conditional use permit is approved in accordance with Section 9.210.020. Such facilities shall be subject to the requirements of subsection B of this section. In addition, all such facilities shall comply with the siting standards and approval procedures established by the Riverside County hazardous waste management plan and shall be subject to the provisions of Section 25135 et seq. of the State Health and Safety Code. E. Authority to Suspend Operations. Approval of any hazardous waste treatment, storage, disposal or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.240 230 Service station standards. A. Use Permit Required. Gas and service stations may be permitted in the CR, CP and CC districts subject to approval of a conditional use permit and the use and design standards of this sectionTable 9-5, Permitted Uses in Nonresidential Districts. All uses to be placed on the service station site (e.g., mini-market, sale of alcoholic beverages, etc.) must be specifically included in the conditional use permit approval. B. Signs. Service station signage shall be in accordance with Chapter 9.160 (Signs). 360 169 C. Hazardous Materials. All service stations shall comply with the requirements of the Fire Department and the Riverside County Department of Environmental HealthSection 9.100.230 pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Service Stations Without Repair Facilities. 1. Permitted Uses. Permitted uses include: sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses; and automobile services such as washing and detailing. The following uses are specifically prohibited: sale of tires and batteries and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage or renting. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit. 2. Storage and Display. All merchandise shall be stored and/or displayed within the service station building. 3. Screening. An opaque screen at least six feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be a minimum of thirty-six inches high, including any site elevation difference. Screening shall consist of a wall, including retaining walls, an earthen berm with landscaping or any combination thereof. All screening shall comply with the height standards in Section 9.100.030 (Walls and fences). E. Standards for Service Stations with Repair Facilities. 1. Additional Uses Permitted. Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tuneup, lubrication, battery and tire sales and service). The following uses are specifically prohibited: major engine repair and rebuilding, transmission repair, autobody repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non-repair service uses shall occur in a specific location designated in the approved use permit. 2. Storage and Display. All merchandise shall be stored and displayed within the service station building. 361 170 3. Reverse Mode Required. All service stations which include service bays shall be designed in the “reverse” or “backup” mode, i.e., service bay openings oriented away from streets. 4. Screening. Screening requirements shall be the same as for service stations without service bays. F. Removal of Abandoned Stations. Any service station which is closed for more than twelve consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.250240 Child daycare centers. Child daycare centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility: A. A conditional use permit shall be required to establish a child daycare center per Section 9.210.020. In addition, all facilities shall comply with this section and with any additional requirements imposed as part of the conditional use permit or by any other applicable permit. B. All facilities shall be licensed and operated in accordance with state, county, and local health, safety, and other regulations. C. Outdoor activities shall be limited to the hours between eight-thirty a.m. and seven p.m. D. D. All facilities shall provide an on-site pickup/dropoff area. In addition, there shall be an on-site vehicle turnaround or alternatively, separate vehicle entrance and exit points. E. All parking, signs and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively. F. All facilities shall comply with the development standards of the district in which they are located, as set forth in Section 9.90.040. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.260 Senior group housing. Senior citizen group housing projects in nonresidential districts shall conform to the following requirements: 362 171 Residential occupancy shall be limited to single persons fifty-five years of age or over or couples with at least one partner fifty-five years of age or over. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding one thousand square feet in floor area. All facilities shall be operated in accordance with state, county, and local health, safety and other regulations. All facilities shall be equipped with fire extinguishers, smoke detectors and other fire safety equipment as specified by the fire chief and/or state regulations. All parking, signs and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively. A. All facilities shall comply with the development standards of the district in which they are located, as set forth in Section 9.90.040. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.250 Single room occupancy (SRO) hotels. Single room occupancy hotels (SROs) shall conform to the following requirements: A. Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be: for one person, one hundred fifty square feet; and for two persons, one hundred seventy-five square feet. B. Each SRO unit shall be provided with the following minimum amenities: 1. Kitchen sink with garbage disposal; 2. A toilet and sink located in a separate room within the unit that is a minimum twenty square feet; 3. One closet per person; 4. Telephone and cable TV hookups. C. If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside. D. If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. 363 172 E. If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer for every twenty-five units for the first one hundred units and one washer and one dryer for every fifty units over one hundred. F. Elevators shall be required for SROs of two or more stories. G. A manual fire alarm system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the fire chief. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.280 Bus stop benches and shelters. The erection, placement, construction and maintenance of bus benches and bus shelters shall be regulated in accordance with established city policies and procedures in conjunction with the Sunline Transit Joint Powers Authority. (Ord. 325 § 1 (Exh. A) (part), 1998: Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.290 Fugitive dust control. Compliance with Chapter 6.16, Fugitive Dust Control, is required for applicable land uses and construction and demolition activities. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.100. 300260 Used vehicle sales not associated with a new vehicle sales facility. A. Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in certain zoning districts subject to approval of a conditional use permit when consistent with a specific plan as per the nonresidential table of permitted uses. Used vehicle sales facilities are subject to the use and design standards herein. B. Signs. Used vehicle sales facility signage shall be approved through a sign program in accord with Section 9.160.090. Balloons, streamers, spinning or animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices shall be prohibited. C. Hazardous Materials. All used vehicle sales facilities shall comply with the requirements of Section 9.100.230the Fire Department and the Riverside County Department of Environmental Health pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Used Vehicle Sales Facilities. 1. Types of Used Vehicles Defined. Permitted principal use shall consist of the sale of used motorized vehicles to include motorcycles, cars, trucks, and commercial vehicles. 364 173 2. Accessory Uses. Permitted accessory uses shall include: vehicle service and repair, sales and installation of automotive parts, electronics, and accessories, car washing, and auto detailing. All accessory uses must be specifically included in the conditional use permit approval. 3. Screening. A block wall of at least six feet in height and a twenty- foot wide landscaping buffer shall be installed along all site boundaries which abut residentially zoned properties. All screening shall comply with the height standards in Section 9.100.030 (Walls and fences). 4. Storage and Display. All retail, service, repair, and storage uses shall occur wholly within an enclosed building and in a specific location designated in the approved conditional use permit. Focal display areas elevated more than one foot above the average finish grade of the overall outdoor parking lot or display area shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall remain closed at all times. Vehicles must be parked on a paved surface and are prohibited from being displayed from sidewalks or within landscaped areas. 5. Orientation of Service Bays. Service bays and garage doors shall not be visible from perimeter arterial streets. 6. Property Standards. Used vehicle sales facilities shall not be permitted on parcels less than four acres in size. 7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall be prohibited on projects located within three hundred feet of existing residences. In all other instances, outdoor loudspeakers and intercoms shall be subject to the provisions of Section 9.100.210 (Noise control). (Ord. 480 § 1, 2010; Ord. 472 § 1, 2009) 9.100.270 Drive-Through Facilities. Drive-through facilities shall conform to the following regulations: 1. No drive-through facility shall be permitted within two hundred feet of any residentially zoned or used property. 2. Safe on- and off-site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements. 3. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. 4. The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping. 365 174 5. Vehicles at service windows or machines shall be provided with a shade structure. 6. Amplification equipment, lighting and location of drive-through elements and service windows shall be screened from public rights-of-way and adjacent properties per the provisions of subsection L of this section. 7. Exits from drive-through facilities shall be at least three vehicles in length, shall have adequate exiting sight-distance, and shall connect to either a signalized entry or shall be limited to right turns only. The drive aisle shall be a minimum of twelve feet in width. 9.100.310 Seasonal sales businesses. E. Purpose. This section provides regulations for temporary businesses operating at a single location within an existing commercial building or interior tenant space on a seasonal or short-term basis for a period not to exceed ninety consecutive days within a calendar year. This chapter shall not apply to those businesses which intend to operate, or have been in operation, longer than a ninety-day period at a single location. F. Where Permitted. Seasonal sales businesses may be permitted with a temporary use permit as per Section 9.210.050 when identified as a permitted land use under Section 9.80.040. G. City Business License Required. All seasonal businesses shall obtain a city business license and have a point of sale within the city of La Quinta. H. Signs. Temporary signs for seasonal sales businesses shall be permitted in accord with Section 9.160.050 through approval of the temporary use permit. Permitted temporary sign material shall be limited to a minimum one-inch thick plastic formed lettering affixed to the building façade. All sign lettering shall promptly be removed upon expiration of the temporary use permit and the façade shall be restored to its prior condition. Seasonal sales businesses shall not be permitted an additional sign permit for a “grand opening” banner or permanent sign. (Ord. 480 § 1, 2010). 9.100. 320280 Emergency Shelters. A. Purpose. 1. To ensure the Zoning Code facilitates emergency shelters under the Housing Accountability Act (California Government Code Section 65589.5) and in accordance with the requirements set forth in California Government Code Section 65583, as amended. 2. To provide zoning, development, and management procedures for emergency shelters. 366 175 3. To implement the City’s General Plan Housing Element policies and programs relating to the provision of emergency shelters. B. Definitions. See Chapter 9.280. C. Development Standards. 1. The maximum capacity of an emergency shelter shall be 20 beds or persons. 2. On site management and security shall be provided on a 24 hour/7 day per week basis. 3. Residency in an emergency shelter shall be limited to six months or less per individual. Chapter 9.110 SPECIAL PURPOSE/OVERLAY DISTRICTS 9.110.010 Summary of district regulations. A. Purpose. This chapter contains the purpose and intent of each special purpose district together with a summary of the zoning regulations applicable to each. B. Permitted Uses. Chapter 9.120 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as setbacks and building heights) for special purpose districts are summarized in this Chapter 9.110 and in Chapter 9.130. D. Supplemental Regulations. 1. Special Purpose Supplemental Regulations. Chapter 9.140 contains supplemental regulations for each special purpose district, such as hillside conservation regulations, flood hazard reduction requirements and restrictions on sexually oriented businesses. 2. General Supplemental Regulations. General supplemental regulations pertaining to special purpose districts shall be the same as those for nonresidential districts as set forth in Chapter 9.60. Parking shall conform to Chapter 9.150 and signs to Chapter 9.160. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.020 Types of special purpose and overlaydistricts. A. Base Districts. The PR, GC, OS and FP districts are base districts designed to provide for park and recreation, golf course and open space land uses respectively. B. Overlay Districts. The HC, SOB, EOD, AHO, and MU districts are overlay districts, i.e., districts to be used only in combination with a base district (such as the OS open space or CR regional commercial 367 176 districts) in order to regulate certain special aspects of land use in the interests of public safety and protection of surrounding properties. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control. C. Overlay Zoning Designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol enclosed in parentheses. For example: CR (EOD). SOB Overlay District. The SOB sexually oriented business overlay district shall be used only in combination with the CR regional commercial base district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.030 PR parks and recreation district. A. Purpose and Intent. To provide for the development and preservation of public and private parks and associated recreation facilities within open space areas. B. Development Standards. The following is a summary of development standards for the PR district as are set forth in Chapter 9.130. (Note: the GC and OS development standards are the same as those for the PR district.) III- Minimum building site IV- n/a V- Maximum structure height VI- 28 ft. VII- Maximum number of stories VIII- 2 IX- Minimum building setbacks: X- From all perimeter street ROWs XI- 30 ft. XII- From abutting residential projects XIII- 30 ft. XIV- From abutting commercial, office, industrial, and MC (major community facilities district) projects XV- 20 ft. XVI- Minimum setback from interior property lines within the same project XVII- 0 368 177 (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.040 GC golf course district. A. Purpose and Intent. To provide for the protection and preservation of golf course open space areas in the city. B. Development Standards. The same as the development standards for the PR district, preceding. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.050 OS open space district. A. Purpose and Intent. To provide for the protection and preservation of sensitive environmental areas such as areas with significant cultural resources, threatened or endangered plant and wildlife species habitat, scenic resources and significant topographical constraints. B. Development Standards. The same as the development standards for the PR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.060 FP floodplain district. A. Purpose and Intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency. B. Development Standards. Development standards shall be as required for needed flood control improvements and shall conform to the supplemental requirements for the FP district set forth in Section 9.140.030. C. District Boundaries. The FP overlay district shall include all areas within the city that are designated as “Special Flood Hazard Areas Inundated by One-Hundred-Year Flood” on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the “A” and “AO” flood hazard zones. The boundaries of the FP district are as generally shown on the official zoning map. See FEMA FIRM maps for specific locations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.070 HC hillside conservation overlay district. A. Purpose and Intent. 1. To define those hillside areas which are not developable from either a public safety or an engineering perspective and to prevent inappropriate development on them; 2. For those hillside areas which are developable, to ensure the safety of the public, and to ensure that the placement, density and type of 369 178 all hillside development within the city is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and natural habitat, and that the natural hillside characteristics will be retained wherever practicable; 3. To protect the public from hazards associated with hillside development, including seismic activity, landslides, flooding, inaccessibility from fire and emergency services, lack of water for fire control, wildfires, collapse of roads and similar risks; 4. To protect and conserve hillside ecosystems (Santa Rosa Mountains National Scenic Area) through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals; 5. To maximize the retention of the city's natural topographic features, including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, ridgecrests, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcroppings, view corridors, and scenic vistas through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the city's landscape; 6. To assure that developmental use of said topographic features will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of the developmental use; 7. To reduce the scarring effects of excessive grading for roads, building pads and cut and fill slopes; 8. To balance public and private interests while preserving the hillsides. B. Development Standards. Section 9.140.040 specifies that: (1) the maximum residential density within the HC overlay district shall be one dwelling unit per every ten acres, and (2) other development standards shall follow those of the RVL very low density residential district. The following is a summary of those development standards, with added HC district height restrictions: are provided in Table 9-9. 370 179 XVIII- Minimum lot size XIX- 20,000 sq. ft. XX- Minimum lot frontage XXI- 100 ft. XXII- Maximum structure height* XXIII- 28 ft.* XXIV- Maximum number of stories XXV- 2 XXVI- Minimum front yard setback XXVII- 30 ft. XXVIII- Minimum interior/exterior side yard setbacks XXIX- 10/20 ft. XXX- Minimum rear yard setback XXXI- 30 ft. XXXII- Maximum lot coverage XXXIII- 30% XXXIV- Minimum Livable floor area excluding garage XXXV- 1400 sq. ft. XXXVI- Minimum landscape setbacks adjacent to perimeter streets1 average over entire frontage XXXVII- 10′ min. at any point, 20′ min. XXXVIII- Minimum common open area1 40% * Building height may be limited below 28 feet if necessary for building to not be visible above the ridgeline profile when viewed from the valley floor. Viewshed studies may be required to ensure that this standard is met. 1 Does not apply to single-family detached unless a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240. Refer to Section 9.140.040 for additional details regarding development standards, minimum percentages of building sites which must be preserved in a natural state (determined by the average slope of the site), and other requirements of the HC district. B.C. District Boundaries. 1. The HC hillside conservation overlay district applies to all land within the city designated in the general plan as “open space” and shown on the official zoning map as “HC.” More specifically, the HC district applies to land meeting the criteria for being above “the toe of the slope,” as defined in Section 9.140.040, within the following sections of land (San Bernardino Base and Meridian) within the city: a. T5S, R7E: Sections 19, 30; b. T5S, R6E: Section 36, 25; c. T6S, R6E: Sections 1, 12, 13, 24, 25; d. T6S, R7E: Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33; e. T7S, R7E: Sections 4, 5. 2. The provisions of this section shall also apply to each and every parcel of land within the city (without otherwise being noted on exhibit or map which is added to the city by annexation, dedication or other means) meeting the criteria for being above “the toe of the slope,” as defined in Section 9.140.040. (Ord. 284 § 1 (Exh. A) (part), 1996) 371 180 9.110.080 SOB sexually oriented business overlay district. A. Purpose and Intent. To designate specific areas where sexually oriented businesses may locate if a conditional use permit is approved and to establish strict standards for the establishment and operation of such sexually oriented businesses in order to ensure that adverse effects caused by their operational characteristics do not contribute to the blighting or downgrading of surrounding areas. B. Development Standards. Development standards for the SOB overlay district shall be as provided in the underlying CR regional commercial base district regulations, subject to the additional requirements of the SOB district as set forth in Section 9.140.050. Parking shall be calculated according to the Retail Commercial category in Table 9-12. C. District Boundaries. The SOB overlay district includes those parcels located in whole or in part within six hundred feet of the centerline of State Highway 111. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110 090 EOD equestrian overlay district. A. Purpose and Intent. To permit the keeping of horses (stabling and riding) for the personal recreational pleasure of city residents and to allow for facilities to provide equestrian-related recreational opportunities beyond the individual horse owner. B. Development Standards. Development standards for the EOD overlay district shall be as provided in the underlying base district regulations, subject to the additional requirements of the EOD district as set forth in Section 9.140.060. In case of conflict between the base district and the EOD regulations, the EOD regulations shall control. C. District Boundaries. The boundaries of the EOD overlay district shall be as shown on the official zoning map. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.100 AHO Affordable Housing overlay district. A. Purpose and Intent. 1. To permit the development of affordable housing at higher densities within commercial zones and other specified residential sites while maintaining consistency with underlying base land use designations. 2. To provide increased and enhanced housing opportunities for low and very low income residents. 3. To accommodate the City’s regional housing need. 4. To encourage lot consolidation and maximize the housing potential of vacant and underutilized sites. 5. To provide mixed use nodes that minimize vehicle trips and enhance proximity to services and mass transit, consistent with 372 181 implementation measures CI-13 and ND-4 of the City’s Greenhouse Gas Reduction Plan, as well as Transportation Demand Management principles. B. Development Standards. Section 9.140.090 See Table 9-9. In addition: 1. Minimum livable floor area excluding garage shall be 600 square feet. 2. Minimum project distance buffer from Highway 111 shall be 300 feet. 3. Minimum common area open space shall be 30%. B.C. District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP, CN, RC, and VC districts and other sites identified on the official zoning map. 9.110.120 RR Rural Residential overlay district. Purpose. To facilitate the development and preservation of rural character at low densities (zero to three units per acre) in conjunction with the RVL and RL base districts. The RR district is an overlay district to be used in conjunction with either of the preceding base districts. Permitted Uses. As permitted in the underlying base district. designation on the official zoning map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example, RL (RR). Development Standards. Development standards shall be the same as those for the underlying base district except for the following: The minimum front yard setback when RVL is the base district shall be forty feet. Lots of two acres or more shall utilize rural street cross-sections (e.g., no vertical curbs). Architectural styles shall emphasize a rural theme (e.g., Ranch, Western, Southwest or Mission styles). Fencing guidelines representative of a rural theme shall be developed for each project. Equestrian paths adjacent to specified collector and arterial streets shall be required to link residential areas with trail systems and Lake Cahuilla County Park. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.1230 Mixed Use overlay district. A. Purpose and Intent. 1. To provide opportunities for multi-family residential development in combination with commercial and/or office development in a cohesive and integrated manner. 2. To facilitate mixed use nodes that minimize vehicle trips and enhance proximity to services and mass transit, consistent with 373 182 implementation measures CI-13 and ND-4 of the City’s Greenhouse Gas Reduction Plan, as well as Transportation Demand Management principles. B. Development Standards. Section 9.140.090 C. District Boundaries. The boundaries of the MU overlay district shall be as identified on the official zoning map. 9.110.130 Agricultural/Equestrian Overlay regulations. A. Purpose. To facilitate the development and preservation of rural character at low densities in proximity to Vista Santa Rosa. B. Permitted Uses. Section 9.140.110 C. Development Standards, Residential Uses. See Table 9-9. D. Development Standards, All Non-Residential Uses. Section 9.140.110 9.110.140 Southeast Area Overlay D.A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 52, and west of Monroe. E.B. Development Standards. 5.1. A minimum lot size of twenty thousand square feet shall be required, unless: d.a. The proposed subdivision establishes a minimum of twenty- five percent open space (exclusive of individual residential lots). Said open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the 25% open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. e.b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. However, under no circumstances shall lots be less than ten thousand square feet in size. c. DrivewayDriveway access should be consolidated with other neighboring properties. 6.2. However, under no circumstances shall lots be less than ten thousand square feet in size.A landscaped parkway of thirty feet in depth shall be required on all arterial streets. 374 183 7.3. All other development standards of the RL district, including, but not limited to, setbacks, building height and parking requirements, shall apply. F. Official Zoning Map. The city’s official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 489 § 1, 2011; Ord. 440 § 2, 2007) Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 9.120.010 Development permits required. Table 9-8 of this chapter specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.120.020 Table of permitted uses. Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. “P”: Permitted as a principal use within the district. 2. “A”: Permitted only if accessory to the principal use on the site. 3. “C”: Permitted as a principal or accessory use if a conditional use permit is approved. 4. “T”: Permitted on a temporary basis if a temporary use permit is approved. 5. “X”: Prohibited in the district. Table 9-8 Permitted Uses in Special Purpose/Overlay Districts District 375 184 P = Permitted use A = Accessory use C = Conditional use permit T = Temporary use permit X = Prohibited use Pa r k s a n d Re c r e a t i o n Go l f C o u r s e Op e n S p a c e Fl o o d p l a i n Hi l l s i d e Co n s e r v a t i o n Ov e r l a y Se x u a l l y O r i e n t e d Bu s i n e s s O v e r l a y Eq u e s t r i a n O v e r l a y Af f o r d a b l e Ho u s i n g O v e r l a y Ru r a l Re s i d en t i al Ov e r l a y Ag r i c u l t u r a l / Eq u e s t r i a n Re s i d e n t i a l O v e r l a y Mi x e d U s e O v e r l a y Land Use PR GC OS FP HC* SOB* EOD* AHO* RR MU Open space P P P P P P ** ** **(3) **(4) Public parks, lakes and passive recreation facilities P X P P P X ** ** **(3) **(4) Playfields, lighted or unlighted P X X X X X ** ** **(3) **(4) Bicycle, equestrian and hiking trails P X P P P P ** ** **(3) **(4) Libraries and museums C X X X C X ** ** **(3) **(4) Visitor centers C X C C C X ** ** **(3) ** Clubhouses and community pools/cabañas P A X X X X ** ** **(3) **(4) Tennis courts or complexes, public P A X X X X ** ** **(3) **(4) Tennis clubs or complexes, private C A X X X X ** ** **(3) **(4) Golf courses and country clubs, including clubhouses and other customary accessory uses C P X X X X ** ** **(3) **(4) Golf courses without above- ground structures, including fairways, greens, tees and golf-cart paths C P X P C X ** ** **(3) **(4) Signs, subject to Chapter 9.160 A A A A A A ** ** ****(3) **(4) Fences and walls, subject to Section 9.100.030 A A A A A A ** ** ** **(4) Satellite dish and other antennas, subject to Section 9.100.070 A A A A A A ** ** ** **(4) Temporary outdoorSpecial events, subject to Section T T T T T T ** ** ** ** 376 185 Table 9-8 Permitted Uses in Special Purpose/Overlay Districts District P = Permitted use A = Accessory use C = Conditional use permit T = Temporary use permit X = Prohibited use Pa r k s a n d Re c r e a t i o n Go l f C o u r s e Op e n S p a c e Fl o o d p l a i n Hi l l s i d e Co n s e r v a t i o n Ov e r l a y Se x u a l l y O r i e n t e d Bu s i n e s s O v e r l a y Eq u e s t r i a n O v e r l a y Af f o r d a b l e Ho u s i n g O v e r l a y Ru r a l Re s i d en t i al Ov e r l a y Ag r i c u l t u r a l / Eq u e s t r i a n Re s i d e n t i a l O v e r l a y Mi x e d U s e O v e r l a y 9.100.130040 Commercial Filming, subject to Section 9.210.050 T T T T T T T T T T Single-family residential X X C X C1 X ** ** **(3) **(4) Multifamily residential, commercial (except sexually oriented businesses), office or industrial development X X X X X X ** ** **(3) **(4) Sexually oriented businesses, subject to Section 9.140.050 X X X X X C ** ** **(3) **(4) Communication towers and equipment (freestanding, new towers) subject to Chapter 9.170 C C C C C1 C ** ** **(3) **(4) Communication towers and equipment (co- location, mounted to existing facility) subject to Chapter 9.170 M M M M M M ** ** **(3) **(4) Electrical substations X X M X M1 X ** ** **(3) **(4) Water wells and pumping stations P P P P M1 X ** ** **(3) **(4) Water tanks and reservoirs X M M X M1 X ** ** **(3) **(4) Public flood control facilities and devices P P P P P P ** ** **(3) **(4) Medical marijuana X X X X X X** X X X X 377 186 Table 9-8 Permitted Uses in Special Purpose/Overlay Districts District P = Permitted use A = Accessory use C = Conditional use permit T = Temporary use permit X = Prohibited use Pa r k s a n d Re c r e a t i o n Go l f C o u r s e Op e n S p a c e Fl o o d p l a i n Hi l l s i d e Co n s e r v a t i o n Ov e r l a y Se x u a l l y O r i e n t e d Bu s i n e s s O v e r l a y Eq u e s t r i a n O v e r l a y Af f o r d a b l e Ho u s i n g O v e r l a y Ru r a l Re s i d en t i al Ov e r l a y Ag r i c u l t u r a l / Eq u e s t r i a n Re s i d e n t i a l O v e r l a y Mi x e d U s e O v e r l a y dispensaries Other principal, accessory or temporary uses not listed above Director or planning commission to determine whether use is permitted in accordance with Section 9.20.040 * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. ** As permitted in the underlying base district and in Section 9.140.060. XXXIX- (1) As permitted in the underlying base district and in Section 9.140.090. XL- (2) As permitted in the underlying base district and in Section 9.140.100. XLI- (3) As permitted in the underlying base district and in Section 9.140.110. XLII- (4) As permitted in the underlying base district and in Section 9.140.120 . 1 Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met (per Section 9.140.040) and a conditional use permit is approved. (Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS 9.130.010 Table of development standards. Table 9-9, following, contains standards for development of property within special purpose districts: Table 9-9 Special Purpose District Development Standards Development Standard District PR GC OS FP HC S O B EOD AHO A/ER MU Minimum building site n/a n/a n/a * **20,00 0 sf * * * *** 1 acre 10,000 sf/20,00 0 sf multi- family 1 acre Minimum lot frontage n/a n/a n/a n/a 100 ft. n/a 100 100 n/a Maximum structure height (ft.)1 28 28 28 * **28 **** 40 28 ***(1) 378 187 * As required for needed flood control structures. ** As provided in the HC supplemental regulations, Section 9.140.040. *** As provided in the underlying base district regulations, subject to the additional requirements of the overlay district in Chapter 9.140: SOB, Section 9.140.050; EOD, Section 9.140.060; AHO, Section 9.14.090; MU, Section 9.140.120. 1 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or primary arterials. 2 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior * * Maximum lot coverage n/a n/a n/a n/a 30% n/a 60% 40% *** Maximum number of stories 2 2 2 * **2 * * * *** 4 2 ***(1) Minimum setbacks n/a n/a n/a n/a Front: 30 Int./Ext. Side: 10/20 Rear: 30 n/a Front: 20 Int./Ext . Side: 10/15 Rear: 20 Front: 30 Garage: 20 Side: 20 Rear: 30 *** Mi n i m u m p e r i m e t e r b u i l d i n g / la n d s c a p e s e t b a c k s ( f t . ) 2, t 4 From Highway 111 right- of-way 50/50 50/50 50/5 0 50/50 50/50 5 0 / 5 0 50/50 n / a * * * *** *** From perimeter street ROWs 30 30 30 * 10’ min, 20’ averag e** * * * *** 10’ min, 20’ averag e*** 20 *** From all primary image corridor3 rights-of-way (except Hwy 111) and from all major and primary arterials 30/20 30/20 30/2 0 30/20 30/20 3 0 / 2 0 30/20 *** *** *** From abutting residential property or districts 30 30 30 * ** * * * *** *** *** *** From abutting commercial and other nonresidential property or districts 20 20 20 * ** * * * *** *** *** *** Minimum setback from interior property lines within the same project4 0 0 0 * ** * * * *** *** *** *** Parking and signs See Chapter 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 9.100.050 379 188 landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; non-parking areas: minimum 5 percent. 3 The image corridors as identified in the gGeneral pPlan 4 In the AHO, for interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. (1) See development standards in Section 9.140.120. Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS 9.140.010 Purpose and intent. The regulations of this chapter are intended to provide standards for specialized aspects of land use within special purpose districts such as hillside conservation standards, flood hazard reduction measures, and restrictions on the location and operation of sexually oriented businesses. (Ord. 284 § 1 (Exh. A), 1996) 9.140.020 PR, GC and OS regulations. The permitted uses and development standards for the PR parks and recreation, GC golf course and OS open space districts are set forth in Chapters 9.120 and 9.130. (Ord. 284 § 1 (Exh. A), 1996) 9.140.030 FP Floodplain regulations. A. Applicability. The FP district shall include all areas within the city that are designated as “Special Flood Hazard Areas Inundated by One- Hundred-Year Flood” on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the “A” and “AO” flood hazard zones. The boundaries of the FP district are as shown on the official zoning map.The boundaries of the FP district are generally shown on the official zoning map. See FEMA FIRM maps for specific locations. B. Prohibition of Construction in Floodways. Floodway areas shown on FIRM maps are special flood hazard areas which carry high velocity floodwaters, debris and erosion potential. Therefore, except for necessary public improvements, no fill, structures or other development shall be permitted within floodways. C. Flood Hazard Reduction. The following flood hazard reduction measures shall be required of all construction permitted within the FP district: 1. Impact on One-Hundred-Year Flood Elevations. New construction shall not increase the water surface elevation of the projected one- hundred-year flood more than one foot at any point. In addition, new construction shall not create or exacerbate erosive velocities 380 189 within special flood hazard areas. The city may require certification by a registered professional engineer that this requirement is satisfied. 2. Finish Floor Elevation. The finish floor elevation of the lowest floor of all new buildings shall be at least one foot above the one- hundred-year or base flood elevation shown on the FIRM map. If no base flood elevation is shown on the FIRM map, the city may require certification by a registered professional engineer that the finish floor elevation requirement is satisfied. 3. Anchoring. All new structures shall be anchored to prevent collapse, flotation or lateral movement from hydrostatic and hydrodynamic loading. 4. Water and Sewer Systems. All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. 5. Electrical, Plumbing and Heating Systems. All new and replacement electrical, plumbing and heating equipment shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6. Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. D. Permit Procedures. Proposed construction within the FP district shall require approval of a site development permit in accordance with Section 9.210.010 and any other permits required per Chapter 9.120 (Special Purpose Permitted Uses). In addition, the following requirements shall be satisfied: 1. Plans and Studies. Site development permit applications shall be accompanied by detailed studies and plans sufficient to show to the satisfaction of the public works director that proposed structures are safe from flood flows, that there will be no resulting increase in base flood elevation, and that all other requirements of subsection C of this section have been or will be satisfied. 2. Requirements of Other Public Agencies. The application shall include evidence of compliance with applicable requirements of federal and other agencies, such as the U.S. Army Corps of Engineers and the Riverside County Flood Control District. (Ord. 284 § 1 (Exh. A), 1996) 9.140.040 HC hillside conservation regulations. A. Applicability. The HC hillside conservation overlay district applies to all land within the city designated in the general plan as “open space.” and shown on the official zoning map as “HC,.” Moreand more specifically, described in 9.110.070. the HC district and the 381 190 provisions of this section apply to land meeting the criteria for being above “the toe of the slope,” as defined in this section, within the following sections of land (San Bernardino Base and Meridian) within the city: T5S, R7E: Sections 19, 30; T5S, R6E: Section 36, 25; T6S, R6E: Sections 1, 12, 13, 24, 25; T6S, R7E: Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33; 1. T7S, R7E: Sections 4, 5. 1.2. The provisions of this section shall also apply to each and every parcel of land within the city (without otherwise being noted on exhibit or map which is added to the city by annexation, dedication or other means) meeting the criteria for being above “the toe of the slope.” 2.3. Except as specifically provided elsewhere in this title, any and all disturbance of natural terrain, grubbing, grading, new use, and every new building and premises or land in the HC district shall be used for or occupied and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within such HC district exclusively and only in accordance with regulations set forth in this section. B. Application of Regulations to Property. 1. In the city general plan, all hillsides and some alluvial fans are designated open space. In general, the dividing line between open space and other land uses is meant to follow and be bounded by “the toe of the slope.” The area above the toe of the slope includes not only hillsides, but also alluvial fans which are not protected by flood control structures, and drainage ways and stream courses which have some potential for flooding. In general, alluvial fans not exceeding twenty percent slope are developable consistent with this section either through the transfer of residential units from contiguous hillside areas, by change of designation, or by providing flood protection. 2. For any parcel subject to the jurisdiction of the city, the city engineer, upon viewing the site and considering a land suitability study submitted by the applicant (in accordance with the requirements of this section) shall determine the boundary between the developable and the undevelopable portions of the parcel by locating the toe of the slope per the following criteria (more than one criterion may apply): a. The point where waterborne alluvial material not exceeding twenty percent slope begins to collect to a depth of one foot or more; b. The dividing line between steeper rock formations and more gently sloping alluvium, i.e., where there is a noticeable break in the angle of slope from steep to shallow; 382 191 c. Where the slope gradient exceeds twenty percent; d. An area unprotected from flooding potential, i.e., an area above the uppermost flood control structure which intercepts runoff (in the form of either natural watercourses or as overland sheet flow) and directs it to a controlled stormwater diversion channel. C. Permitted Uses in HC District. 1. No development (except as provided under subsection C4 of this section) shall be approved for slopes exceeding twenty percent. 2. The following are exempt from the requirements of this section: tracts and specific plans already approved. 3.2. The following uses within the HC district shall be permitted on alluvial fans with slopes not exceeding twenty percent: a. Golf courses (not including above-ground structures), including fairways, greens, tees and golf-cart paths to access them b. Flood control structures; c. Parks, lakes and passive recreation facilities; d. Water wells, pumping stations and water tanks (if properly screened); e. screened or undergrounded); f. TV, cable and radio antennas; g. Hiking, bicycle and equestrian trails; h. Single-family residential uses; i. Accessory uses necessary to establish and maintain the permitted uses, such as roads, gatehouses, on-site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities. 4.3. The following uses within the HC district shall be permitted on slopes exceeding twenty percent: a. Hiking, bicycle and equestrian trails not permitting vehicles b. Access roads which shall be nonvisible unless applicant can prove to the satisfaction of the city that the only access to a nonvisible area must traverse a visible area. (Ownership or nonownership of property is not sufficient proof of reason to place a road in a visible area.) Roads shall not exceed fifteen percent grade. c. Uses listed in subsection (C)(3) of this section may be permitted provided the land was graded or otherwise significantly disturbed prior to January 1, 1996, and only if the scarred location is visible from more than one-quarter of a mile away. D. Conditional Use Permit Required. In addition to the requirements of this section, all development within the HC district shall require approval of a conditional use permit pursuant to Section 9.210.020. E. Site Development Review Required. All development in the HC district shall be subject to site development review by the pPlanning cCommission pursuant to Section 9.210.010. “Development” in this context shall include the following: grading, building, grubbing, or 383 192 permitting any heavy equipment (equipment whose function is digging, clearing, earth-moving, grading, or a similar function disruptive to the natural terrain) access to the HC district property. F. Criteria for Review of Grading Plans. The planning commission and city council shall consider the following matters of particular concern in their review of grading proposals in the HC district. Conditions may be attached to the approval of grading plans so as to achieve the purpose and intent of this section and the following objectives: 1. The health and safety of the public; 2. The preservation of vegetation and animal habitat, designation of stream courses as open space, preservation of habitat corridors, encouraging revegetation with drought-tolerant native species; 3. The avoidance of excessive building, padding or terracing and cut and fill slopes to reduce the scarring effects of grading; 4. The encouragement of sensitive grading to ensure optimum treatment of natural hillside and arroyo features; 5. The encouragement of imaginative grading plans to soften the impact of grading on hillsides, including rolled, sloping or split pads, rounded cut and fill slopes, and post and beam construction techniques; and 6. The maximum retention of vistas, and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. G. Engineering Reviews Required. For every home site or for every subdivision proposed within the HC district, the following reports shall be prepared by a California-licensed engineer (licensed in the appropriate discipline), and filed with the city engineer, unless specifically waived by the city engineer based on a visit to the proposed site: 1. Hydrology, drainage and flooding report for all sites; 2. Soil survey of the sites proposed attesting to stability of all sites and the appropriateness of the construction method proposed; 3. Underlying geology/engineering report attesting to stability of all sites; 4. Seismic analysis attesting to the stability of the site(s) and addressing the potential of material above the site(s) impacting the site(s); 5. Access plan showing the preliminary engineering for roads giving access to the proposed site(s); 6. Grading plan for the construction site(s) and access routes; and 7. A utility plan demonstrating the feasibility of providing water for domestic and fire suppression purposes, sewer, power, and other utilities, especially with regard to the scarring effects of the grading necessary to install such utilities. The city engineer shall specifically approve each proposed site and access route based on the submitted reports. 384 193 H. Other Studies Required. The following studies shall be filed with the planning departmentPlanning Division as a part of the application process: 1. All development in the HC district shall be subject to a report by a qualified biologist addressing the following: a. Natural vegetation and native plants which may be affected by the project; b. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species; and c. Plans to maintain corridors for wildlife habitat and movement of animals within HC district. 2. All development in the HC district shall be subject to a review by a qualified archaeologist addressing the following: a. A review of the literature and records for any known and/or recorded historic or prehistoric resources; b. A survey of the project site for historic or prehistoric resources; and c. A final report of findings and recommended mitigation and resource treatment shall be submitted to the Community Development DirectorDirector for review. 3. A plan for the preservation of all areas exceeding slopes above ten percent as specified in subsection (I)(6) of this section, including: a. The designation of all areas exceeding ten percent slope, with the degree of slope noted, and the calculation of the percent to be left undisturbed; b. The designation of all watercourses both natural and man- made, with plans for the preservation and/or reintroduction of native drought tolerant plants. Watercourses shall be designated as open space; and c. A monitoring program (following CEQA) for the preservation of open spaces. 4. A viewshed study, including plans and sections, showing visibility of proposed project and grading as viewed from surrounding properties located at lower elevations. I. Grading, Grubbing and Scarring Control. 1. No permits shall be issued for any grading, grubbing, building or structure in the HC district until grading plans, slope planting and irrigation plans, and building elevations for design review have been submitted to the planning commission for approval. In reviewing plans for grading, slope planting and irrigation, native revegetation, mitigation of scarring caused by grubbing and grading, preservation of the natural state of the hillsides and water courses (based on slope angle) and building elevations, the commission and council shall consider the purpose and intent of this section and the criteria established in this section, together with 385 194 applicable standards and shall approve the design if all applicable provisions are met. 2. Conditions may be applied when the proposed development does not comply with applicable standards so as to bring such development into conformity or the plans and drawings may be disapproved and the city shall specify the standard or standards that are not met. 3. Any person who fails to protect the natural terrain, defaces, grades, grubs, scars or otherwise disrupts the natural terrain in the HC district without prior city approval of plans for such work subject to this section shall have created a public nuisance which shall be abated. Abatement may include the property owner undertaking the restoration (under city supervision and monitoring), or that failing, city-contracted restoration of the disrupted area. The property owner may be charged the cost of the restoration together with the direct costs of supervision and monitoring of the restoration. If the property owner fails to reimburse the city for the costs incurred, a lien against the property for payment may be instituted. 4. Any plans which are being considered by the city for development shall, at the time of discovery of the creation of the public nuisance, be denied by the decision-making authority. After such time as the public nuisance has been completely abated, the plans may be resubmitted upon payment of all required fees. 5. The provisions of this section shall be in addition to other municipal code titles and regulations applicable to grading activities within the city. No grading shall be conducted, nor shall any grading permit be issued for grading in the HC district until grading plans and special drawings showing grading and topography as viewed from critical locations within the neighborhood or community have been approved by the planning commission. J. Development Standards. 1. Maximum Density and Minimum Lot Size. In the HC district, the maximum density permitted shall be one residential unit per ten acres. On a contiguous parcel which includes areas both above and below the “toe of the slope,” residential units may be clustered together below the “toe of the slope” to take advantage of buildable areas with lower slope angles, provided the overall density for the parcel of one unit per ten acres is not exceeded. Structures shall remain single-family, separated, on individual lots having an area of at least twenty thousand square feet. 2. Setback Requirements. The requirements for the RVL very low density district shall apply. 3. Maximum Building Height. The requirements for the RVL district shall apply except that no structure shall be placed in such a way that its outline is visible above a ridgeline. 4. Parking. Off-street requirements shall conform to Chapter 9.150. 386 195 5. Roof Equipment. No roof-top equipment for heating, cooling or other purposes shall be permitted. 6. Architecture. The architectural treatment of structures within the HC district shall be compatible with the setting of the structure and shall be generally consistent with requirements of the desert setting and other architectural treatments found elsewhere in the city. Use of indigenous materials for the structure of walls should be encouraged. Fencing and walls shall conform to the standards for the RC cove residential district standards as set forth in Section 9.30.050. 7. Landscaping. a. On the cut or pad occupied by the structure, landscaping may be left to the choice of the homeowner providing some selection of drought-tolerant species is included. Elsewhere on the site (or within open space), native vegetation shall be undisturbed or shall be recreated after approved grading. b. The applicant or developer shall be responsible for the maintenance of all slope planting and irrigation systems until such time as the properties are occupied or at the time a new property owner or homeowner’s association accepts the responsibility to maintain the landscaping in common areas, or other maintenance district formation is established. 8. Utilities. All utilities shall be placed underground except for water tanks and substations, which shall be appropriately screened and painted in colors to blend into the background. K. Land Divisions in HC District. In order to assure compliance with the provisions of this section, the following requirements shall apply to the proposed division of any property which is partially or completely within the HC district: A preliminary grading plan prepared in accordance with the provisions of municipal code Title 13 and this section shall be submitted (together with other requirements of this section) with every conditional use permit, tentative subdivision map or parcel map filed for approval. The preliminary grading plan shall show at least one practical, usable and accessible building site which can be developed in accordance with the provisions of this section within each proposed lot or parcel. L. Transfer of Development Rights. 1. Transfers of development rights shall follow the procedures and standards set forth in Chapter 9.190. 2. Any owner of property within the HC district may transfer development rights from the HC district on the basis of one residential unit per ten acres. 3. Development rights may be transferred as follows: a. Transferred to a subdivided portion of the same property below “the toe of the slope,” as presented in a conditional use permit; or 387 196 b. By means of sale to any area of the city which has been zoned for residential purposes, provided the increase for any particular parcel does not exceed twenty percent of the general plan density designation; c. Development rights may be retained by an individual; d. Transfer rights may be further sold as provided in Chapter 9.190. 4. Any owner of property within the HC district may sell, bequeath or transfer the development rights of the property, in accordance with this section and Chapter 9.190 to any governmental jurisdiction or any properly organized nonprofit organization whose charter allows for the ownership of public open space. The governmental jurisdiction or nonprofit organization may retain or sell or transfer acquired development rights in accordance with Chapter 9.190. M. Relocation of Toe of Slope. If, as a result of an approved developmental project, a flood control structure is placed higher on a hillside area so that an area of alluvial fan becomes protected from flooding potential, or if the location of the toe of the slope is moved by alteration of some other criterion set forth in subsection B of this section for determining the location of the toe of the slope, the new area below the toe of the slope shall remain within the HC district. The conditional use permit approved for the development shall determine the effective density of any new developable portion of the new area by virtue of the transfer of development rights from the hillside areas to the new area. N. Ownership and Maintenance of Recreation/Open Space. 1. Those areas located within a hillside development controlled by this section which are to remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may be offered fo r dedication for game preserve, recreation or open space purposes. Such areas may be offered to a public agency or to a nonprofit land trust, conservancy or similar organization whose charter allows for the ownership of recreation and open space which will preserve the natural open space in perpetuity. 2. If an offer of dedication under subsection N1 of this section is not accepted, the developer shall make provisions for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as a separate parcel or parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. O. Change in Designation of HC Land. All lands within the HC hillside conservation district are designated on the general plan land use policy diagram as “open space.” A property owner may propose a 388 197 change from this designation and from the HC district zoning by means of all of the following procedures: 1. Approval of a general plan amendment from open space designation to an equally appropriate category. 2. Approval of a change of zone from HC to an equally appropriate district. 3. Approval of a specific plan for the property. 4. Satisfaction of the engineering and other reviews required in this section. 5. Compliance with all other provisions of this section except subsection C, J1, 2 and 3, L and M. (Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.140.050 SOB sexually oriented business regulations. A. Purpose of Regulations. 1. The city council finds that sexually oriented businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this section is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with sexually oriented businesses as defined in Section 5.80.020 of the municipal code, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of sexually oriented businesses, to protect retail trade occurring adjacent to sexually oriented businesses, to maintain property values within the city, and to protect and preserve the quality of life within the city. 2. It is not the intent of this section, and this section shall not be so construed, to suppress, regulate or affect in any way the content of communication or expression associated with sexually oriented businesses. 3. The city council finds that this section allows the establishment of sexually oriented businesses at a reasonable number of locations within the city. 4. The city council finds that the establishment of the sexually oriented business overlay district best provides the means to adequately regulate sexually oriented business uses in the overall land use plan of the city. A.B. Permit Required. Prior to establishment or transfer of a sexually oriented business, all provisions of Chapter 5.80 of the municipal code shall be met including obtaining the required permit. B.C. Boundaries of SOB Overlay District. The boundaries of the overlay district are described in Section 9.110.080. 389 198 Areas of the city designated as being within the sexually oriented business (SOB) overlay district are those parcels located in whole or in part within six hundred feet from the centerline of State Highway 111. The zoning designation for the parcel shall constitute the base or underlying district and the SOB designation shall constitute an overlay district. In the event of conflicting provisions between the underlying zone and the SOB overlay district regulations, the requirements and restrictions of the SOB overlay district shall take precedence over the requirements of the underlying district. (Ord. 284 § 1 (Exh. A), 1996) 9.140.060 EOD equestrian overlay regulations. A. Applicability. The EOD equestrian overlay district regulations set forth in this section shall apply to all areas of the city containing the “EOD ” overlay designation on the official zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the EOD regulations, the EOD regulations shall control. B. Definitions. See Chapter 9.280. C. Principal Uses. Principal uses permitted in the equestrian overlay district shall be as follows: 1. Any use permitted, either expressly or by conditional use permit, in the underlying zone; 2. The keeping of horses (including ponies or llamas) for personal use of the residents of the property only, not to include any activities beyond that necessary to continue the residents personal use. This may include limited breeding and boarding activities of a non- compensatory nature, such as for other family members’ personal use. Up to two horses shall be allowed on a minimum one acre parcel. For parcels in excess of one acre, up to three horses per additional acre or portion thereof, shall be allowed. Foals under one year of age shall not be counted in the maximum number of horses permitted; 3. Accessory buildings and structures, including stables, corrals, barns, tack rooms, exercise rings, hay barns and other buildings and structures customarily appurtenant to a permitted use; 4. Farm projects (Future Farms, 4-H or similar projects) conducted by the residents of the premises. Such projects shall involve only the permitted type and number of animals by this title being trained in connection with the education of a person as a member of a recognized farm education organization; 5. Caretakers and employee housing for on-site employment; providing, that the unit does not exceed one thousand square feet and conforms to the setbacks in the underlying zone. 390 199 D. Conditional Uses. The following uses are permitted if a conditional use permit is approved per Chapter 9.210.020: 1. Commercial stables and riding academies, as defined in this section. 2. Arenas for the purpose of conducting events such as rodeos and other equestrian-oriented entertainment. 3. Veterinary offices or hospitals, when established on the same parcel as the principal residence; provided, that only temporary boarding facilities may be established for purposes of boarding sick or injured animals, and that animals not permitted in the underlying zone may not remain at the facility. E. Development Standards. The following development standards generally apply to all properties in the equestrian overlay district. Commercial equestrian facilities/uses may be subject to more restrictive requirements through the conditional use process. 1. All accessory buildings shall be limited to two stories in height and a maximum of thirty-five feet, measured from finish grade of the pad. 2. The following minimum setback requirements shall apply: a. Pastures shall not require any setback. However, if a pasture does not extend to a property line, a minimum ten-foot setback from property line shall be provided. b. Accessory buildings (barns, stalls, etc.) shall maintain twenty- five feet from nonoverlay property lines and ten feet from overlay property lines. c. Accessory structures shall maintain thirty-five feet from any nonoverlay properties. A ten-foot setback from adjacent overlay property lines shall be maintained. d. Arenas shall be reviewed for appropriate setback and design as part of the conditional use permit process, as they are not considered accessory uses to residential equestrian. Generally, arenas shall maintain a minimum seventy-five-foot setback from any property line. e. Manure storage containers shall be set back a minimum of fifty feet from any nonoverlay property line and twenty feet from other property lines. f. Manure spreading areas shall not be established within twenty- five feet of any property line. g. No accessory building, use or operation described in this subdivision shall be established or conducted within eighty feet of any residential structure. 3. Fencing. a. Pasture and corral areas, as well as all open areas abutting nonequestrian properties, shall consist of fencing at least five feet high and of such construction as to confine the animals. Fences which are on property lines or are adjoining and running 391 200 parallel to private streets or bridle trails, shall be three-rail, with a minimum height of five feet from grade, and posts spaced not more than ten feet apart. All posts shall be nominal four inches by nominal six inches minimum, with nominal two inch by nominal six inch minimum rails. This section shall not apply to property lines along any street identified and shown on the circulation element of the general plan, where specific sound attenuation is necessary based on an approved acoustic study prepared for a subdivision map. b. Fencing requirements of this section shall take precedence in the event of any conflicts with the provisions of Section 9.060.030 (Fences and walls), for properties keeping horses within the equestrian overlay district. 4. Dust Control. Corrals, stables, exercise rings and arenas, and any other disturbed soil area shall be regularly sprinklered or otherwise treated to a degree so as to prevent the emanation of dust, and in addition, all accumulation of manure, mud or refuse shall be eliminated so as to prevent the breeding of flies. Any open areas shall be subject to the requirements of Chapter 6.16 whenever applicable. All nuisance water runoff must be detained on the subject property. 5. Manure Collection. Removal and treatment of manure must occur on a regular basis so as to promote the health, safety and welfare of residents and visitors to the area in accordance with the following standards: a. Stalls shall be cleaned on a daily basis. Straw, hay, sawdust or other bedding materials may be stored or composted for later disposal, but shall not be spread with manure over open areas. b. Manure shall be collected from all source areas daily and may be stored for later disposal in an enclosed container of adequate size. Open manure stockpiles are not permitted. Manure stored for disposal shall be removed from the property within seven days. c. Manure to be used for composting purposes shall be placed in an appropriately designed composting bin in order to properly decompose and eliminate parasites. Only composted manure may be used in any spreading operation. d. Spreading of manure may only occur in conjunction with commercial equestrian uses, and must be conducted over an adequately sized area capable of assimilating the nutrients in the spread material. Such an area may only be operated as part of overall disposal and treatment program approved by the city or established as part of a conditional use permit application. e. Method for removal of manure from the property is at the owner’s discretion. Off-site delivery to agricultural or related operations for fertilizer use is permitted. On-site use of 392 201 composted material is permitted in new or established vegetated areas, such as gardens, landscaping, reestablishment of pasture vegetation, etc. f. Any condition that results in odors, unsightly areas or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice. All violations are subject to enforcement provisions of the La Quinta Municipal Code and applicable county health codes. 6. Parking. Parking shall be provided as required by Chapter 9.150, and shall be based upon the overall use of the property or as required by an approved conditional use permit. 7. Lighting. Any proposed lighting must comply with Sections 9.60.160 and 9.100.150 (Outdoor lighting). Lighting of equestrian and related activity areas shall not occur beyond ten p.m. unless otherwise specified by an approved conditional use permit. This restriction does not pertain to general area and yard lighting associated with a primary residential use on equestrian property. 8. Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between eight a.m. and ten p.m. unless otherwise specified by an approved conditional use permit. F. Review and Approval Process. Equestrian uses, buildings and structures shall be reviewed in accordance with the following procedures: 1. Accessory buildings, detached or attached, as defined in this section: a. Up to four hundred square feet for each building or structure, to be reviewed with the building permit application for approval by the Community Development DirectorDirector; b. Over four hundred square feet to be reviewed through the site development permit procedures of Section 9.210.010, by the planning commission. 2. All other permitted buildings are subject to the process identified for the underlying base district and this section. 3. Conditional Use Permits. a. Conditional uses shall be required to obtain a conditional use permit in accordance with the procedures outlined in Chapters 9.200 (General Permitting Procedures) and 9.210 (Development Review Permits). All uses, buildings and structures identified in subsection D of this section existing prior to the effective date of the ordinance codified in this section shall be considered as nonconformities in accordance with Chapter 9.270 (Nonconformities). Property owners of all such uses, structures and buildings shall file a site plan for the entire facility with the planning departmentPlanning Division within thirty days of the effective date of the ordinance codified in this section. 393 202 b. In addition to information required for a conditional use permit application filed pursuant to Chapter 9.210, the following information shall be submitted for conditional uses proposed in the EOD overlay district: i. A proposed program for storage, treatment and removal of manure produced by the operation. ii. A fugitive dust control plan, as required by Chapter 6.16 of the La Quinta Municipal Code, addressing control of dust and identification of all potential dust sources. iii. Proposed or potential tentative scheduling of any events or other activities which may produce impacts beyond the scope of the proposed uses routine operations. (Ord. 284 § 1 (Exh. A), 1996) 9.140.070 Low density/agricultural-equestrian residential district. TABLE 9-—10 PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT LAND USE Residential Uses Single Family detached dwellings P Farmworker housing C Mobilehome parks C Mobilehome subdivisions and manufactured homes on individual lots P 394 203 Child day care facilities as an accessory use, serving 8 or fewer children, subject to Section 9.60.190 A Child day care facilities as an accessory use, serving 9-14 children, subject to Section 9.60.190 M Caretakers residence P Open Space and Recreational Uses Public parks playfields and open space P Bicycle, equestrian and hiking trails P Tennis court or other game court as an accessory use associated with a private residence P Tennis court or other game court for public use M Golf course and country club, with or without driving range P Driving Range with or without lights C Accessory Uses and Structures Home occupations, subject to Section 9.60.110 H Patio covers, decks and gazebos, subject to 9.60.040 A Fences and walls, subject to Section 9.60.030 A Satellite dishes and other antennas subject to Section 9.60.080 A Swimming pools, spas and cabanas, subject to Section 9.60.070 A Guest houses, subject to Section 9.60.010 M A Second units, “granny flats” and employee quarters, subject to Section 9.60.090 M A Garages and carports, subject to Section 9.60.060 A Keeping of animals, subject to Section 9.60.120 A Equestrian and Agricultural Uses Stables, private P Stables, commercial or riding academy C Polo grounds, including stables, clubhouse C Veterinary offices and hospitals C The grazing and breeding of cattle, horses, llamas, or other farm stock or animals, not including hogs, not to exceed five animals per acre of all the land available P The grazing and breeding of sheep or goats, not to exceed 15 animals per acre of all land available P Farms for rabbits, fish, frogs, chinchilla or other small animals P Nurseries, greenhouses, orchards, aviaries, apiaries P Tree crop farming P Field crop or turf farming P Winery and incidental uses with established vineyard P Produce stands, subject to Section 9.100.100 P The drying, packing, canning, freezing and processing of produce resulting from permitted uses when such activity is conducted within permanent buildings and structures P Non-commercial raising of hogs, not to exceed two per acre P 395 204 Community auctions and sales yards (2 acre minimum) C Feed stores C Kennels and catteries, 5 to 10 animals M Kennels and catteries, 10 to 25 animals on 1 acre minimum C Menageries C Commercial composting facilities C Other Uses Guest ranches and bed and breakfasts C Restaurants C Fraternal lodge halls C Churches, temples and other places of worship C Schools C Libraries C Public utility facilities P Communication towers and equipment subject to Section 9.170 C A. Residential Development Standards. TABLE 501 RESIDENTIAL DEVELOPMENT STANDARDS DISTRICT DEVELOPMENT STANDARD E/A R Min. lot size for single family dwelling (sq. ft.) 10,000 Min. project size for multifamily projects (sq. ft.) 20,000 Min. lot frontage for single family dwelling or multifamily projects (ft.) 100 Max. structure height (ft.) 28 Max. No. of stories 2 Min. front yard setback (ft.) 30 Min. garage setback (ft.) 30 Min. side yard setback (ft.) 20 Min. rear yard setback (ft.) 30 Max. lot coverage (% of net lot area) 40 Min. livable area excluding garage (sq. ft.) 1,400 Min. perimeter landscape setbacks (ft.) 20 Max. No. of horses for private use (per acre) 5 Parking shall be provided as required by Chapter 9.150. Development Standards, All Non-Residential Uses. All buildings shall be limited to two stories in height and a maximum of thirty-five feet, measured from the finished grade 6 of the pad. Setbacks. The following minimum setbacks shall apply from the property line: Pasture: 0 feet Accessory buildings: 20 feet Accessory structures: 20 feet 396 205 Manure storage: 25 feet Fencing. Properties containing one or more uses may be fenced to a maximum of six feet. Permitted fencing materials include chain link, cement block, wood, wrought iron or tubular steel. Razor wire or concertina wire is permitted for those uses listed under “Equestrian and Agriculture Uses” in Table 9-10. Parking. Parking shall be provided as required by Chapter 9.150. Lighting. All lighting shall comply with Sections 9.60.160 and 9.100.150. Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between eight a.m. and ten p.m. Unless otherwise specified by an approved conditional use permit. Definitions. See Chapter 9.280. The phrase “land zoned for primarily agricultural purposes” means any land lying within the Agricultural Overlay District. “Right to Farm” Intent and Policies. Intent. It is the intent of the city to conserve, protect and encourage the development, improvement, and continued viability of its agricultural land and industries for the long-term production of food and other agricultural products, and for the economic well-being of the citys residents. It is also the intent of the city to balance the rights of farmers to produce food and other agricultural products with the rights of non-farmers who own, occupy, or use land within or adjacent to agricultural areas. It is the intent of this section is to reduce the loss to the area of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. Nothing in this chapter shall be construed to limit the right of any owner of real property to request that the city consider a change in the zoning classification of his property in accordance with the procedures set forth in the La Quinta Development Code. Policies. No agricultural activity, operation, or facility, or appurtenances thereof, in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision. This section is not to be construed so as to modify abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of county ordinances and regulations. Notice to Buyers of Land. The Community Development Director shall cause the following notice to be included on all tentative land division proposed that lies partly or wholly within, or within three hundred feet of any land zoned for primarily agricultural purposes: 397 206 Lot(s) No. ______, as shown on this map, is (are) located partly or wholly within, or within three hundred feet of land zoned for primarily agricultural purposes by the County of Riverside and the City of La Quinta. It is the declared policy of the City of La Quinta that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in the city, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years, if it was not a nuisance at the time it began. The term “agriculture activity, operation, or facility, or appurtenances thereof” includes all uses permitted in the Agricultural Overlay District, and includes, but is not limited to, equestrian activities, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber, viticulture, apiculture, or horticulture, the raising of livestock, for bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. The city engineer shall cause the notice described in subsection 1 to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred feet of, any land zoned for primarily agricultural purposes. Preservation of Agricultural Land Uses in Perpetuity. Any land owner wishing to continue a land use listed in Table 9—10, Permitted Uses in the Agricultural/Equestrian Residential District, may, at any time, exercise his or her rights under Chapter 9.190: Transfer of Development Rights. (Ord. 489 § 1, 2011; Ord. 368 § 1 (Exh. A), 2002) 9.140.0780 Condominium hotel development and usage regulations. A. Purpose. The specific purposes of these regulations are to assure that condominium hotel projects are conditioned at the time of development approval in such a way as to ensure appropriate public health, safety, welfare and land use classifications and standards; to mitigate potential impacts of condominium hotels on traffic congestion, air quality, building design and safety, police, fire and emergency services; to assure other adequate public facilities; to allow condominium hotel development projects some financial flexibility subject to the approval of the city council; to prohibit conversion of existing hotels to condominium hotels; and to provide the city with appropriate development and operational controls over condominium hotels 398 207 B. Definitions. The following definitions shall govern the construction and interpretation of this section. 1. Development Agreement. For purposes of this section, the term “development agreement” means any of the following: a. A statutory development agreement entered into pursuant to Government Code Sections 65864 et seq. b. A disposition and development agreement entered into between an applicant and the city; o c. An owner participation agreement entered into between an applicant and the city. 2. “Effective date” means the date on which the ordinance adopting this section becomes effective 3. “Operator” means the entity designated by the owner of the condominium hotel or, if all of the common area of a condominium hotel is owned by a condominium owners’ association, designated by such association, to manage the condominium hotel. 4. “Personal use” means the use or occupancy of a unit by an owner or any nonpaying guest of an owner for whom the owner may, and does, reserve its unit. use of a unit arising out of an exchange program with an affiliated hotel property shall be considered personal use by the owner. 5. “Unit” means a condominium unit, as shown on a recorded condominium plan, which is located within a condominium hotel. 6. “Unit owner” or “owner” means an individual or entity that acquires any ownership interest in, and holds title to, one or more units. C. Condominium Hotel Regulations. No person or entity shall construct or operate a condominium hotel within the city without first obtaining all necessary entitlements pursuant to this section and pursuant to other applicable provisions of the La Quinta Municipal Code. All other provisions of the La Quinta Municipal Code, including, without limitation, Title 8 (Buildings and Construction), Title 13 (Subdivisions), and Title 9 (Zoning Code) shall be applicable to the construction and maintenance of condominium hotels; provided however, that the more specific provisions contained in this section shall prevail over any general provisions set forth in the La Quinta Municipal Code. A condominium hotel shall be allowed as a conditionally permitted use, subject to the terms of this section, and only within those zoning districts in which hotels or similar tourist and vacation accommodations are expressly permitted either conditionally or as of right, pursuant to the terms of Title 9 (Zoning Code) and/or any applicable specific plan. 399 208 Each application for a condominium hotel will be reviewed by the city’s planning commission and city council. If the planning commission recommends granting approval of the application, the city council shall set notice of a public hearing to be held within forty-five days thereafter or such later date as may be set by the city council. approval shall be subject to required conditions necessary to carry out the provisions of this section. D. Application for Condominium Hotel. An application for a condominium hotel shall include the following six requirements, in addition to any other information that the city may determine is necessary to review the application. No condominium hotel may be approved without approval of all of the following requirements: 1. Development Agreement. A proposed development agreement application, which shall provide for enforcement of all conditions and standards required by this section. In addition to any other provisions that may properly be included within the development agreement, the parties may agree to terms and conditions that are different from, or in addition to, and supersede, the provisions and requirements of this section. The city shall include such terms as it deems necessary to ensure that the condominium hotel operates as the equivalent of a traditional hotel. The development agreement shall also include a draft declaration of covenants, conditions and restrictions pursuant to subsection G of this section. 2. Conditions, Covenants and Restrictions (CC&Rs). The proposed CC&Rs for the units. 3. Environmental Assessment. Information necessary for the city to perform an environmental assessment of the proposed condominium hotel project, pursuant to the California Environmental Quality Act (Public Resources Code, Sections 21080 through 21094 and its implementing regulations). 4. Subdivision Application. Each condominium hotel application shall be accompanied by an application for a tentative or vesting tentative map pursuant to Title 13 of the La Quinta Municipal Code. 5. Specific Plan. Each condominium hotel application shall be accompanied by an application for a specific plan or be within an approved specific plan area which permits such use, pursuant to Government Code Sections 65450 et seq. 6. Site Development Permit. Each condominium hotel application shall be accompanied by an application for a site development permit pursuant to Chapter 9.210 of the Zoning Code. E. Development Standards. The condominium hotel shall comply with all the development, use, area, parking and other applicable standards of the zone or applicable specific plan in which the project is located. 400 209 F. Condominium Hotel Standards, Conditions and Requirements. In addition to the standards referenced in this section, each condominium hotel is required to meet the following additional standards, conditions and requirements: 1. No unit may be used as a full-time or permanent residence, except as set forth in subsection (F)(2) of this section. 2. No more than one unit in each condominium hotel may be used for the full-time or permanent residential occupancy by a person or family serving as the on-site manager of the condominium hotel. Such unit must be owned by the owner or operator of the condominium hotel or the owners’ association, and shall not be used for homestead purposes. 3. At its sole cost and expense, each individual unit owner may choose to hire any rental agent of its selection, or the operator or an affiliate, for the purpose of advertising the rental availability of, and procuring potential renters for, the owner’s unit. Unit owners may also rent their units themselves. When not being used for personal use, each unit shall be available for rental as a hotel accommodation. The operator shall have the right, working through the unit owner or its designated rental agent, to book any unbooked room to fulfill demand, and to charge a reasonable booking fee for each such booking. 4. Hotel guests (whether transient or personal use and not including any on-site manager) are prohibited from occupying or remaining in any unit for more than twenty-nine consecutive days, with a minimum seven-day period intervening between each twenty-nine consecutive day use period. 5. Personal use shall not exceed: (a) thirty days in the aggregate during the period of November 1st through April 30th; or (b) sixty days in any calendar year, unless the owner engaging in such personal use satisfies all requirements for such excess use as set forth in the declaration. 6. All units shall be completely furnished with furniture, fixtures and equipment to the standards established by the owner or operator of the condominium hotel. A furniture, fixtures and equipment reserve account shall be established and maintained in order to maintain and, when necessary, replace the furniture, fixtures and equipment within the units to maintain the facility in its first class condominium hotel standard. 7. The proposed location, use, and design of the condominium hotel shall be consistent with the city’s general plan, zoning ordinances, and any specific plan covering the area in question. 8. In accordance with the existing provisions of Chapter 3.24 of the La Quinta Municipal Code, every condominium hotel shall be subject to the city’s transient occupancy tax requirements, as may be amended from time to time. The owner of a condominium hotel unit 401 210 shall receive golf and other benefits which are available to residents of La Quinta on the same terms, and subject to the same conditions, as are applicable to such residents. 9. Any proposed condominium hotel that will not, as proposed, qualify as a first class condominium hotel shall not be eligible to operate as a condominium hotel in the city of La Quinta. G. Provisions for Declaration. The development agreement submitted with the condominium hotel application shall include a draft declaration of covenants, conditions and restrictions (declaration) (which shall be separate and apart from the CC&Rs required to create the units as condominiums pursuant to California law) which must be approved by the Community Development DirectorDirector and the city attorney prior to final approval of the condominium hotel application, and thereafter recorded against the condominium hotel in the Riverside County recorder’s office. The declaration shall include the following provisions: 1. The declaration shall require the units to be included within a hotel, and (other than the unit occupied by an on-site manager) made available as a hotel accommodation when not being used for personal use. 2. The declaration shall require that the operator manage the units for the unit owners pursuant to the operator’s then-standard form of agreement, and provide to the condominium hotel, the property, and the occupants and owners of the units, on a seven-day a week basis, any or all on property services commonly provided at first class condominium hotels and resorts, including without limitation, such services as front desk check-in and check-out services (including electronic keys), routine housekeeping, laundry and dry cleaning, room service, catering and other food and beverage services, spa services, concierge services, parking and bellman services to the unit owner and the unit owner’s guests. The availability and right to use such services shall be conditioned upon payment of such charges or fees as may be imposed generally on hotel guests. As to the availability and right to use services such as front desk check-in and use of resort pools, lobbies, recreational facilities, etc., which are not separately charged to hotel guests, use will be conditioned upon the payment of such fees as are determined by the operator to be appropriate to reflect the allocable costs of such services and facilities attributable to each unit within the hotel. The operator shall have the exclusive right to restrict and control access to any and all shared facilities within the condominium hotel, provided the same does not restrict a unit owner’s right of access to her, his or its unit, except that unit access shall be subject to mandatory registration at the hotel front desk to obtain a key to the unit, which key shall be an electronic key. The operator’s management obligations shall also include upkeep and 402 211 repair of the interior of each unit, and monitoring and managing repair and replacement of furniture, fixtures and equipment, both at the unit owner’s sole cost and expense. 3. The declaration shall require the operator to provide a quarterly report to the city that contains all of the following information on each unit: (a) the number of the unit; (b) the name, address and telephone number of the owner of the unit; (c) whether the operator is and has been the rental agent for the unit during the immediately preceding calendar quarter; (d) the personal use during the immediately preceding calendar quarter; (e) the name and address of any occupant of the unit (other than the owner) whose occupancy exceeded the twenty-nine day maximum; and (f) the TOT that has been collected by the operator and remitted to the city for use of the unit during the immediately preceding calendar quarter. 4. The declaration shall require the condominium hotel owner or, if none, the condominium hotel’s owner’s association to hire a qualified professional operator to manage, maintain and operate all portions of the condominium hotel in a manner consistent with the first class condominium hotel standard required by this section. The operator shall have at least five consecutive years of experience in the hotel management business in hotels that meet the first class condominium hotel standard and have no fewer than ten other properties (each in separate cities, or distinct and separate projects in any given city, nationally or internationally) under current management. The condominium hotel owner or owner’s association, as the case may be, shall provide the city with appropriate documentation to demonstrate that the proposed operator meets the requirements of this subsection, to be approved by city staff prior to issuance of a certificate of occupancy for the condominium hotel. Upon request by the applicant, the city manager may waive the experience standards required above upon finding that the proposed operator has comparable substitute experience and qualifications. the declaration shall include provisions regarding proposed changes in the operator. 5. The declaration shall give the condominium hotel owner, operator, and the city the right, power and obligation to enforce the first class condominium hotel standard including, without limitation, the right to enter any portion of the condominium hotel, and any individual condominium hotel units, to cure, or cause the unit owner to cure, any failure to meet the first class condominium hotel standard; and shall permit the enforcement by the city, in its discretion, of this section and the declaration. 6. The declaration shall provide that hotel guests (whether transient or personal use and not including any on-site manager) are prohibited from occupying or remaining in any unit for more than twenty-nine 403 212 consecutive days, with a minimum seven-day period intervening between each twenty-nine consecutive day use period. 7. The declaration shall provide that personal use shall not exceed: (a) thirty days in the aggregate during the period of November 1st through April 30th; or (b) sixty days in any calendar year, unless provisions for such excess use are provided for in the development agreement and are complied with by the unit owner. 8. Subject to applicable California general law and Department of Real Estate regulations, and unless otherwise provided in the development agreement, the declaration shall provide that the obligation to pay any fees or changes provided for in the development agreement shall be secured by a lien in favor of the city encumbering the units for the amount owed, including any permitted penalties or interest, and that the city shall have the right, but not the duty, to foreclose on any such liens through equitable or legal proceedings. 9. The declaration shall provide that it shall not be amended without the prior written consent of the city. H. Reporting and Inspection. Upon request of the city manager, each owner, the condominium hotel association and the operator shall maintain, on-site, and regularly make available to the city and its employees and agents such information, books, records, and documentation, including all records relating to personal use and transient use of each unit, and also shall allow reasonable access to individual units, as the city finds necessary to have or review in order to ensure that the city may determine and enforce the condominium hotel’s compliance with this section and other applicable city laws, regulations, the condominium hotel conditions, the development agreement, and the declaration. The original and, upon each change, every subsequent operator shall immediately advise the Community Development DirectorDirector of its name, qualifications, address, telephone number and the name of a contact person. I. Conversions. An express purpose of these regulations is to preserve and enhance the city of La Quinta’s existing hotel inventory. All existing hotels are prohibited from converting to condominium hotels from and after the effective date. Thereafter, no other conversions to condominium hotels shall be allowed in any zone, except that existing hotels with less than twenty units may apply to convert, provided that the hotel, after conversion, would generate an equivalent, or greater amount of municipal revenue, and provided that the city council finds that such conversion is in the best interest of the city. J. Prohibited Units. No provision in this section shall be deemed to permit a timeshare, fractional or other vacation ownership unit if otherwise prohibited by the La Quinta Municipal Code. (Ord. 432 § 1, 2006) 404 213 9.140.0890 AHO Affordable Housing Overlay regulations. A. Applicability. 1. The AHO overlay district and the provisions of this section apply to all areas of the city containing the “AHO” overlay designation on the official zoning map. These include the CC, CP, NC, RC, and VC commercial zones, and other sites, as designated on the zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the AHO regulations, the AHO regulations shall control. B. Definitions. See Chapter 9.280. C. Permitted Uses. See Section 9.120 1. Any use permitted, either expressly or by conditional use permit, in the underlying zone; 2. Affordable housing residential units on lots 1 acre or greater in size, including those that are stand-alone, next to, and/or above non- residential uses. D. Development Standards, All residential uses. See Section 9.130. 405 214 DEVELOPMENT STANDARDS AFFORDABLE HOUSING OVERLAY DISTRICT – Residential Uses in Commercial Zones Minimum lot size 1 acre Minimum lot frontage 100 ft. Maximum structure height 40 ft. Maximum number of stories 4 Minimum front yard setback (non-garage portion of dwelling) 20 ft.1,2 Minimum interior/exterior side yard setbacks 10/15 ft.2 Minimum rear yard setback 20 ft. Minimum buffer between residential units and Hwy. 111 corridor 300 ft.3 Maximum lot coverage 60% Minimum livable floor area excluding garage 600 sq. ft. Minimum landscape setbacks adjacent to perimeter streets4 10 ft. minimum at any point, 20 ft. minimum average over entire frontage Minimum common open area3 30% 1 Projects with 5 or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 and 25 feet or more in order to avoid streetscape monotony. 2 For interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 3 May be less where residential units are located within mixed use development. 4 Per the landscaping and open space standards of Section 9.60.240. 9.140.090 MU Mixed Use Overlay regulations. A. Purpose. To facilitate the development of mixed use projects that include both multi-family residential and commercial components in a cohesively designed and constructed manner. Consistent with programs CI-7, CI-13, ND-4.c, and ND-6 of the City’s Greenhouse Gas Reduction Plan, tThe mixed use overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity to services, employment, and transportation hubs, and by providing interconnected multi-purpose paths for alternative modes of transportation. B. Applicability. 1. The MU overlay district and the provisions of this section apply to all areas of the city containing the “MU” overlay designation on the official zoning map. These include thedesignated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in addition 406 215 to the regulations of the underlying base district. In case of conflict between the base district and the MU regulations, the MU regulations shall control. C. Definitions. See Chapter 9.280. D. Permitted Uses. 1. Any use permitted or conditionally permitted, either expressly or by conditional use permit, in the underlying district. 2. Mixed Use projects consisting of both multi-family residential (apartments, condominiums, and similar housing types) and commercial/office components. E. Development Standards. 1. Mixed use projects shall include both a commercial and/or office component and a multi-family residential component, which are fully integrated with regard to access, connectivity, and public safety. Residential uses in the rangewith a density of 12 to 24 units, must comprise a minimum of 35% of the total square footage of the proposed project. Mixed use projects can be designed vertically (residential development over commercial development) or horizontally (residential development next to commercial development). 2. Minimum lot sizes shall be one (1) acre. To maximize design options, development of mixed use projects on lot assemblages or lots greater than one (1) acre is encouraged. 3. The use of vacant pads for mixed use projects in existing commercial development along Highway 111 is encouraged. 4. Minimum densities for residential development shall be 12 dwelling units per acre. 5. Maximum densities for residential development shall be 24 dwelling units per acre. Higher densities may be achieved through density bonuses, where applicable. 6. The residential component of Mixed Use projects shall be subject to the setback requirements of the underlying commercial district. 7. Maximum height. As shown in the following table:A Mixed Use project may be up to 25% more in height than in the base district, if approved in the Site Development Permit. Mixed Use Overlay District Maximum Building Height Underlying District Maximum Height CR 60 feet CP 45 feet CC 40 feet CN 35 feet VC 45 feet* CT 55 feet 407 216 CO 55 feet * In the VC underlying district, when a minimum of ½ the required parking spaces are located beneath the principal mixed use structure, the number of stories shall be measured from the finished floor of the building’s ground floor and shall not include the parking level. 8. Floor Area Ratio (FAR). Mixed Use projects are exempt from the floor area ratio requirements of the underlying district. 9. The first (ground) floor of a multi-story Mixed Use project located within 300 feet of the Highway 111 right of way shall consist of commercial and/or office development. Residential uses on the first (ground) floor are prohibited. 10. New buildings (constructed after the date of approval of this Code) in Mixed Use projects shall not be longer than 300 feet to facilitate convenient public access around the building. 11. Pedestrian, bicycle, and other non-motorized travel connections, including sidewalks, trails, and/or crosswalks, are required between the commercial/office and residential components of the project, as well as leading to/from street fronts, bus stops, public gathering places, and adjacent properties. They shall be located off-street and separated from vehicle travel lanes and parking lot driving aisles. 12. Physical barriers, such as walls and fences, between the commercial/office and residential components of a Mixed Use project are discouraged. However, they may be used where necessary and appropriate, including for public safety or the screening of outdoor storage facilities. 13. Public spaces. a. Public gathering spaces that provide active and/or passive amenities for passers-by are highly encouraged. Communal spaces may include but are not limited to pedestrian plazas, shaded benches, public art, and landscape or hardscape features. b. Public spaces should be centrally located or located near active land uses to assure their frequent usage and safety. 14. Parking. Parking and loading requirements shall be in conformance with Section 9.150 of this Code, subject to the following provisions: a. Opportunities for shared and/or reduced parking between the commercial/office and residential components of the project are encouraged, subject to the requirements of Section 9.150.070 (Shared Parking), as a means to better match parking demand with availability during various hours of the day. 408 217 b. Mixed use projects shall provide preferred parking for electric vehicles and vehicles using alternative fuels in accordance with Section 9.150.110. 15. Bicycle racks shall be provided to serve both commercial/office and residential components of the project, and shall comply with the requirements of Chapter 9.150. 16. Landscaping shall comply with Section 9.100.40 of this Code and the requirements of the underlying district. Additional landscaping may be required to minimize impacts to adjacent properties. 17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this Code. 18. Signage shall be in conformance with Chapter 9.160 of this Code and the requirements of the underlying district. Monument and other signage that enhances the cohesion of the development may be required. 19. Entry drive. An entry drive that provides principal vehicular access into the residential component of the project is required. 20. Entry Statement. Projects with fifty (50) or more residential units shall include vehicular and pedestrian entry statements that convey a sense of arrival into the development. Examples include, but are not limited to, specimen trees, boulder groupings, textured or stamped concrete, and monument signage. 21. Special attention shall be given to the use of aesthetic treatments, such as colored/textured paving or decorative gates, that contribute to the overall image and connectivity of the development. 22. New Mixed Use development shall relate to adjacent single family residential districts in the following ways: a. By stepping down the scale, height, and density of buildings at the edges of the developmentproject when surrounding neighborhoods are of lower density or smaller scaleadjacent to less intense development. Step the building down at the ends or sides nearest thea single family unit, to a height approximately equal similar to that of the adjacent single family residenceunit (or of typical single family residences in the vicinity if adjacent to an undeveloped single family zoning district). b. By incorporating architectural elements and materials that are similar to those used in the neighborhood. c. By locating parking areas within the project interior or at the side or back when necessary to achieve the "residential front yard" appearance. d. By avoiding, wherever feasible, the construction of walls on local streets in existing neighborhoods where the wall would be located opposite front yards. F. Mixed Use Incentives. 409 218 1. Mixed use projects that provide a minimum of 30% of total project square footage for retail uses shall receive a density bonus of 10% for the residential component of the project. 2. Mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities can reduce their vehicle parking requirement by 15%. 3. Development proposals for mixed use projects shall receive expedited entitlement and building permit processing. 4. Mixed use projects shall receive a ten (10) percent reduction in plan check and inspection fees. 5. Mixed use projects that include a minimum of two (2) public spaces or gathering features, as deemed of sufficient size and purpose by the city, shall receive a density bonus of up to fifteen (15) percent. 9.140.1010 Village Commercial Overlay A. 9.140.110 Agricultural/Equestrian Overlay A. Permitted Uses. TABLE 9-10 PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT LAND USE Residential Uses Single Family detached dwellings P Farmworker housing C Mobilehome parks C Mobilehome subdivisions and manufactured homes on individual lots P Child day care facilities as an accessory use, serving 8 or fewer children, subject to Section 9.60.190 A Child day care facilities as an accessory use, serving 9-14 children, subject to Section 9.60.190 M Caretakers residence P Open Space and Recreational Uses Public parks playfields and open space P Bicycle, equestrian and hiking trails P Tennis court or other game court as an accessory use associated with a private residence P Tennis court or other game court for public use M Golf course and country club, with or without driving range P 410 219 Driving Range with or without lights C Accessory Uses and Structures Home occupations, subject to Section 9.60.110 H Patio covers, decks and gazebos, subject to 9.60.040 A Fences and walls, subject to Section 9.60.030 A Satellite dishes and other antennas subject to Section 9.60.080 A Swimming pools, spas and cabanas, subject to Section 9.60.070 A Guest houses, subject to Section 9.60.010 M A Second units, “granny flats” and employee quarters, subject to Section 9.60.090 M A Garages and carports, subject to Section 9.60.060 A Keeping of animals, subject to Section 9.60.120 A Equestrian and Agricultural Uses Stables, private P Stables, commercial or riding academy C Polo grounds, including stables, clubhouse C Veterinary offices and hospitals C The grazing and breeding of cattle, horses, llamas, or other farm stock or animals, not including hogs, not to exceed five animals per acre of all the land available P The grazing and breeding of sheep or goats, not to exceed 15 animals per acre of all land available P Farms for rabbits, fish, frogs, chinchilla or other small animals P Nurseries, greenhouses, orchards, aviaries, apiaries P Tree crop farming P Field crop or turf farming P Winery and incidental uses with established vineyard P Produce stands, subject to Section 9.100.100 P The drying, packing, canning, freezing and processing of produce resulting from permitted uses when such activity is conducted within permanent buildings and structures P Non-commercial raising of hogs, not to exceed two per acre P Community auctions and sales yards (2 acre minimum) C Feed stores C Kennels and catteries, 5 to 10 animals M Kennels and catteries, 10 to 25 animals on 1 acre minimum C Menageries C Commercial composting facilities C Other Uses Guest ranches and bed and breakfasts C Restaurants C Fraternal lodge halls C Churches, temples and other places of worship C Schools C 411 220 Libraries C Public utility facilities P Communication towers and equipment subject to Section 9.170 C B. Designation on Zoning Map. When the A/ER overlay district is used, the zoning designation on the official zoning map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example, RL (A/ER). C. Development Standards, Residential Uses. See Table 9-9. D. Development Standards, All Non-Residential Uses. 1. All buildings shall be limited to two stories in height and a maximum of thirty-five feet, measured from the finished grade 6 of the pad. 2. Setbacks. The following minimum setbacks shall apply from the property line: Pasture: 0 feet Accessory buildings: 20 feet Accessory structures: 20 feet Manure storage: 25 feet 3. Fencing. Properties containing one or more uses may be fenced to a maximum of six feet. Permitted fencing materials include chain link, cement block, wood, wrought iron or tubular steel. Razor wire or concertina wire is permitted for those uses listed under “Equestrian and Agriculture Uses” in Table 9-10. 4. Parking. Parking shall be provided as required by Chapter 9.150. 5. Lighting. All lighting shall comply with Sections 9.60.160 and 9.100.150. 6. Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between eight a.m. and ten p.m. Unless otherwise specified by an approved conditional use permit. E. Right to Farm” Intent and Policies. 1. Intent. It is the intent of the city to conserve, protect and encourage the development, improvement, and continued viability of its agricultural land and industries for the long-term production of food and other agricultural products, and for the economic well-being of the citys residents. It is also the intent of the city to balance the rights of farmers to produce food and other agricultural products with the rights of non-farmers who own, occupy, or use land within or adjacent to agricultural areas. It is the intent of this section is to reduce the loss to the area of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. Nothing in this chapter shall be construed to limit the right of any owner of real property to request that the city consider a change in the zoning classification of his 412 221 property in accordance with the procedures set forth in the La Quinta Development Code. 2. Policies. a. No agricultural activity, operation, or facility, or appurtenances thereof, in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. b. This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision. 3. This section is not to be construed so as to modify abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of county ordinances and regulations. F. Notice to Buyers of Land. 1. The Director shall cause the following notice to be included on all tentative land division proposed that lies partly or wholly within, or within three hundred feet of any land zoned for primarily agricultural purposes: Lot(s) No. ______, as shown on this map, is (are) located partly or wholly within, or within three hundred feet of land zoned for primarily agricultural purposes by the County of Riverside and the City of La Quinta. It is the declared policy of the City of La Quinta that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in the city, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years, if it was not a nuisance at the time it began. The term “agriculture activity, operation, or facility, or appurtenances thereof” includes all uses permitted in the Agricultural Overlay District, and includes, but is not limited to, equestrian activities, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber, viticulture, apiculture, or horticulture, the raising of livestock, for bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such 413 222 farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. 2. The city engineer shall cause the notice described in subsection 1 to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred feet of, any land zoned for primarily agricultural purposes. G. Preservation of Agricultural Land Uses in Perpetuity. Any land owner wishing to continue a land use listed in Table 9—10, Permitted Uses in the Agricultural/Equestrian Residential District, may, at any time, exercise his or her rights under Chapter 9.190: Transfer of Development Rights. (Ord. 489 § 1, 2011; Ord. 368 § 1 (Exh. A), 2002) Chapter 9.150 PARKING 9.150.010 Purpose and intent. A. Purpose. These regulations are intended to: (1) provide for off-street parking of motor vehicles attracted by the various land uses in the city; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights-of-way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety. B. Parking Required. Off-street parking is required for all land uses in accordance with this chapter. In the Village Commercial district, any variation on the parking standard can be approved by the Director. (Ord. 284 § 1 (Exh. A), 1996) 9.150.020 Approval of parking facilities. A. Permits Required. Except for single-family and duplex residences, establishment of all off-street parking facilities shall be subject to approval of a site development permit in accordance with Section 9.210.010 unless the parking facilities were previously approved in conjunction with a conditional use permit or site development permit and no changes in intensity of use are being proposed. A grading permit shall also be required unless exempted under the city’s grading code. B. Plot Plan Requirements. A plot plan shall be filed with all applications for a parking facility site development permit. The plot plan shall show the off-street parking facilities and the use(s) to be served, together with pedestrian arrangements (including crosswalks, if necessary) connecting them. The plot 414 223 plan shall be accompanied by information required to determine total parking requirements as described in Section 9.150.050 and documentation of the guarantee of continued off-street parking required pursuant to Section 9.150.030. B. Design Modifications Approved by Director. The planning directorDirector may, without notice or hearing, permit modifications to the on-site circulation, landscaping, and parking design requirements contained in Section 9.150.080this Chapter if the director determines that topographic or other physical conditions make it impractical to require strict compliance with these requirements . (Ord. 284 § 1 (Exh. A), 1996) 9.150.030 Provision of parking facilities. A. Entities Authorized to Provide Parking. Off-street parking may be provided for a particular land use by any or a combination of the following entities (so long as the appropriate guarantees described in subsection B of this section remain in effect): 1. On property containing the use: the property owner, lessee or agent of the use for which the parking is required; or 2. On an adjacent or nearby property under the same ownership: the property owner, lessee or agent of the use for which the parking is required; or 3. On an adjacent property not under the same ownership: an approved adjacent property owner, lessee or agent who reserves spaces on a contract basis for the adjacent use; or 4. On an adjacent or nearby property not under the same ownership: a. An approved private (for-profit or not-for-profit) parking company which reserves, sells, leases or rents adjacent or nearby parking spaces for that use, or b. An approved private parking association (such as in a shopping center) which creates and allocates parking spaces as credits or shares available to its subscribers/members to meet their parking requirements, or c. A duly authorized public entity (parking district, assessment district, redevelopment district or similar agency) among whose powers include the authority to acquire and make available parking spaces and maneuvering areas, pedestrian walkways, shade structures, landscaping and other improvements. B. Continuation of Off-Street Parking Required. 415 224 1. The validity of any permit to use property shall be directly contingent on the continued provision and proper functioning of required off-street parking. Failure to continue to provide the required parking in the approved usable condition shall be reason for immediate revocation of all permits for use of the property on the grounds that such parking deficiency constitutes a threat to the public health, safety and welfare. 2. The owner of any property for which off-street parking is required shall be directly responsible for the continued provision of such parking. 3. The user of any property for which off-street parking is required shall demonstrate to the satisfaction of the city that the continued provision of the required parking has been adequately guaranteed for a period of at least as long as the permitted use. Forms of guarantee which may be required by the city include, but are not limited to, the following: a. The inclusion of exclusive or joint use rights for the required parking spaces in the lease for structural space on the same property; b. A recorded covenant merging together two properties under the same ownership which subordinates all other use claims and obligations to the provision of the required parking on the adjacent parcel. c. A contract for parking on other parcels, either: i. A noncancellable provision, or ii. The earliest expiration or cancelable date for parking facilities occurring simultaneously with or after the time limit for the use requiring the parking, or iii. A bond or other acceptable equivalent instrument in favor of the city which guarantees, in the event of the contract cancellation, termination or expiration, suit, court jurisdiction or other occurrence which has the effect of rendering the required parking spaces unavailable, the continued provision of the required parking by means of alternate arrangements. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.150.040 Parking location and accessibility. 416 225 A. Location. 1. Residential Uses. Required parking shall be located on the same parcel as the residential building which the parking serves, except that such parking may be located on an adjacent parcel if all of the following conditions are met: a. The adjacent parcel is and continues to be under the same ownership as that of the residential building; b. The parking is on that portion of the parcel where the erection of garages, carports or shade structures is permitted; and c. The placement and distribution of required parking spaces are such that for any dwelling unit, the assigned or reasonably available parking spaces are no further than one hundred feet by walkway to the entry of that dwelling unit. 2. Nonresidential Uses. a. Required parking shall be located on the same parcel as the use served, on an adjacent parcel or on a parcel across an alley. Required parking may also be located across a street (other than a major or primary arterial) provided a properly designed crosswalk connects the parking with the use(s) served. b. Required parking spaces shall be within three hundred feet of the uses served by the parking and shall be located in a commercial district. 3. Amended Provisions per Specific Plans. Amended provisions relating to parking location, configuration, and other matters may be imposed in conjunction with a specific plan. B. Accessibility. 1. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully usable and accessible at all times. 2. Required off-street parking facilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles. 3. Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any off-street parking spaces required by this chapter. 4. Required parking spaces shall not be used for the storage of vehicles unless such storage is calculated into the required parking formula. 5. No required parking spaces shall be used for the display of vehicles for sale unless part of a permitted vehicle sales use. 6. If an area of parking is for park-and-ride programs, such area shall be in addition to the required parking area. If no additional area is provided for such purposes, the owner/operator of the parking lot shall arrange for part of the parking lot, at peak usage hours, to 417 226 have encroaching parking removed by means of tickets and/or towing. (Ord. 505 § 1, 2012; Ord. 284 § 1 (Exh. A), 1996) 9.150.050 Determination of spaces required. A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided in accordance with this section when the subject building or structure is constructed or a use is established or changed. In determining such off-street parking requirements, the city may use the alternative methods described in this section. The city reserves the option of requiring the use of more than one of these methods, depending on the type, size and mix of uses in a proposed development. In the Village Commercial district, any variation on the parking standard can be approved by the Director. B. Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most land uses. This schedule is required unless the applicant can show to the satisfaction of the city decision-making authority that it does not apply. Other alternative methods herein below may then be employed to determine the required parking spaces: 1. The Urban Land InstituteA recognized authority’s shared parking methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities as specified in Section 9.150.070; 2. A city methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, the Urban Land Institutea recognized authority’s methodology and/or verifiable data are not applicable. Some or all of the following factors may be utilized in this methodology: expected numbers of occupants, employees, customers or visitors, vehicles stationed on the site, service and loading spaces required, handicapped spaces required, emergency access considerations and use of parking by unauthorized vehicles. C. Increases in Spaces Required. The city may increase the required number of parking spaces for a particular use or development from that required per Section 9.150.060 if an existing building is expande d or dwelling units or guest rooms are added, or if a use is intensified by the addition of floor space or seating capacity or is changed to a use requiring additional parking. D.C. Parking ReductionsIn-Lieu Program in Village Districts and Mixed Use Overlay Districts. The city may permit required parking spaces in the Village and Mixed Use Overlay districtsOverlay to be reduced through execution of a parking agreement, subject to the following requirements: 418 227 1. A binding agreement, recorded against the property, between this city and the property owner. The agreement shall contain, at a minimum, all of the following: a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land; b. A payment schedule with a payment period not exceeding four years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district; c. A cash mitigation payment. The amount per space shall be established as determined by the planning and public works departments, plus an inflation factor. The amount will be calculated at the time of agreement execution. 2. An irrevocable offer from the property owner to participate in any future assessment/benefit or parking improvement district that may be formed in the VC or MU overly districts. 3. The money collected may be released to a city-created parking assessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in the VC or MU overlay districts, at the option of the city. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation. 4. The property owner shall secure the mitigation payment by providing the city with a second deed of trust in the amount of the total mitigation payment. D. Certification of Required Parking. Numerical parking space requirements shall be determined and/or amended through approval of a parking plot plan pursuant to Section 9.150.020. The numerical requirements shall be deemed certified upon such approval. (Ord. 284 § 1 (Exh. A) (part), 1996)Incentive Based Parking Adjustments. In all districts, the following may result in a reduction in parking spaces of up to 15%, subject to approval by the pPlanning cCommission: 1. Permanent, non-vegetation shade structures covering 50% of all parking spaces. 2. Increased landscaping and public spaces. 3. Pedestrian improvements not located in the right of way or project driveways. 4. Vehicular and non-vehicular connections between projects. 5. Use of pervious surfaces for drainage, or creative drainage solutions. 6. New commercial and mixed use development providing preferred parking locations for electric and other alternative fuel vehicles. 7. Developments that provide a minimum of two (2) parking spaces or 1% of the minimum number of spaces, whichever is greater, for golf carts and neighborhood electric vehicles (NEV) shall 419 228 receive a parking credit reduction equal to 5 percent (5%) of the standard parking spaces required for that development. 9.150.0670 Shared parking. A. Reduction in Cumulative Spaces Via Shared Parking. The cumulative parking spaces required for land uses in a given area may be less than the sum of the parking spaces for the individual uses in the area if the city approves a shared parking plan based on one of the following: 1. The approved parking plan was developed and designed based on parking demand established by means of the Urban Land Institutes “shared parking” methodology (as described in ULI: “Shared Parking,” 1983) using locally adapted data which consider the Coachella Valley’s seasonality and demographics. 2. The approved parking plan was developed and designed based on the methodology for alternative parking demand determinations in accordance with Section 9.150.050. 3. In cases where shared parking is desired but insufficient data is available to use either of the preceding methodologies, a n experimental parking arrangement may be temporarily approved subject to all of the following conditions: a. Reasonably comparable data from similar joint uses demonstrates to the satisfaction of the city that the joint-use proposal is potentially workable; b. The joint uses are separated in time by a minimum of sixty minutes and/or are for separate days; c. A fifteen percent excess capacity is provided to accommodate unforeseen miscalculation of peak use and/or separation of time; d. The joint time-shared use of parking facilities is a binding part of one or more approved plans for the uses requiring the parking; B. Shared Parking Incentive. The approval of a shared parking plan shall entitle the project to an additional 5% FAR over the maximum FAR in the underlying district. 9.150.0760 Spaces required by use. A. Land Uses Not Listed. If no provisions for the required number of off- street parking spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions are not clear for a specific use, the decision- 420 229 making authority for the applicable use or project shall determine the number of parking spaces required. B. Parking for Residential Land Uses. 1. Table 9-11 following contains the minimum number of parking spaces required for each type of residential land use. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use per Table 9-11 in addition to the spaces required for the nonresidential use(s)in conformance with Section 9.150.070 (Shared Parking). D. Parking for Nonresidential Land Uses. 1. Adequate Parking Required. All nonresidential land uses shall provide off-street parking in compliance with this subsection and with Table 9-12 following unless modified by the provisions contained in Section 9.150.050. Table 9-12 sets forth the minimum and maximum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate off-street parking even though such parking may be in excess of the minimum requirements set forth in this section. 2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-12 following, bicycle parking shall be provided for certain nonresidential uses in accordance with subsection D3 of this section. 421 230 Table 9-11 Parking for Residential Land Uses Land Use Minimum Off-Street Parking Requirement Additional Requirements Single-family detached, single- family attached and duplexes 2 spaces per unit in a garage plus 0.5 guest spaces per unit if no on- street parking is available For all single-family residential zones except RC, parking in excess of the minimum required may be tandem In a garage, tandem parking may be used to meet the above-stated minimum required parking in the RC district only Employee quarters One covered or uncovered space per unit. This space shall not be tandem. Townhomes 2 spaces per unit in a garage plus 0.8 guest spaces per unit All units shall be within 100 feet of the nearest guest space. A parking plan will be required as part of development review showing allocation of guest spaces. All guest spaces shall be restricted to the use of guests only Apartments, townhomes and airspace condominiums: A bedroom means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room, or living room For apartments, condominiums, mobilehome parks, senior citizen hotels, and congregate care facilities, parkingAll parking spaces shall be distributed throughout the site to ensure reasonable access to all units. shall be arranged so that all units are within 100 feet of the nearest guest space. A parking plan shall be required as part of development review (1) Studio 1 covered space per unit, plus 0.5 guest spaces per unit (32) One- and Two-bedroom 2 covered spaces per unit plus 0.5 guest spaces per unit (43) Three or more bedroom 3 covered spaces per unit plus 0.5 covered spaces per each bedroom over three, plus 0.58 5 guest spaces per unit Mobilehome parks 2 covered spaces/unit, which may be in tandem, plus 0.8 5 guest spaces per unit Senior Housing (excluding single family units) 1 covered space per unit, plus 0.5 guest spaces per unit Senior group housing/senior citizen hotels and congregate care facilities 0.5 covered spaces per unit plus 0.5 guest spaces per unit 422 231 Table 9-11 Parking for Residential Land Uses Land Use Minimum Off-Street Parking Requirement Additional Requirements showing allocation of dwelling unit spaces and guest spaces. All guest spaces shall be restricted to the use of guests only XLIII- Bed and breakfast inns XLIV- One space per guest room plus parking for residents as required by this code. XLV- XLVI- Boardinghouse, roominghouse, and single room occupancy hotels XLVII- 1 space per sleeping room XLVIII- Lodging and Child CareChild Daycare Uses Bed and breakfast inns One space per guest room plus parking for residents as required by this code. Boardinghouse, roominghouse, and single room occupancy hotels 1 space per sleeping room Child daycare centers, including preschools and nursery schools 1 space per staff member plus 1 space per 5 children. Parking credit may be given if queuing area for more than 4 cars is provided, but resulting parking shall be not less than 1 per staff member plus 1 per 10 children Stacking analysis may be required to define a drop-off facility that accommodates at least four cars in a continuous flow, preferably one-way, to safely load and unload children Recreational vehicle parks One automobile parking space on each recreational vehicle lot plus one space per 20 recreational lots for visitors Table 9-12 Parking for Nonresidential Land Uses 423 232 Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements Commercial Uses Barbershops 2 spaces per chair Bars, pubs and cocktail lounges 1 space per 50 sq. ft. GFA including indoor/outdoor seating areas (see also Restaurants) 1 space per 25 sq. ft. GFA including indoor/outdoor seating areas (see also Restaurants) Beauty parlors/hair salons 3 spaces per station Dry cleaners 1 space per 200 sq. ft. GFA Laundromats As stand-alone use: 1 space per 3 machines. As part of a larger building: 1 space per 200 sq. ft. GFA A washer/dryer combination is considered one machine Lumberyards and nurseries 1 space per 500 1,000 sq. ft. GFA indoor area, plus 1 space per 1,000 sq. ft. of outdoor display or sale area devoted to display or sales, plus 1 space per 2 employees XLIX-III- 1 space per 500 sq. ft. GFA indoor area, plus 1 space per 1,000 sq. ft. of outdoor display or sale area Model home complexes 10 spaces N/A Personal service establishments, including tanning salons, nail salons, massage services and uses of a similar nature 3 spaces per 1,000 s.f. L-IV- 4 spaces per 1,000 s.f. Restaurants: (1) Conventional sit-down, including any bar portionarea 1 space per 75 125 sq. ft. GFA including indoor and outdoor seating areas LI-V- 1 space per 75 sq. ft. GFA including indoor and outdoor seating areas 424 233 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements (2) Drive-through and fast food 1 space per 100 sq. ft. GFA, including indoor and outdoor seating areas, but not less than 10 spaces. In addition, there shall be at least 2 grill spaces for vehicles awaiting orders already paid for. N/A (3) Retail food with ancillary seating 1 space per 150 sq. ft. GFA including indoor and outdoor seating areas Retail Commercial: 1 space per 250 sq. ft. GFA 1 space per 300 sq. ft. GFA For shopping centers, freestanding restaurants and non-freestanding restaurant space in excess of 20% of the total shopping center GFA shall be computed separately using the applicable restaurant parking ratio(s) (1) General retail uses under 50100,000 sq. ft. GFA 1 space per 200 300 sq. ft. GFA (2) General retail uses 1050,000 sq. ft. GFA and greater 1 space per 250 350 sq. ft. GFA (3) Furniture and appliance stores 1 space per 500 sq. ft. GFA Furniture and appliance stores 1 space per 1000 sq. ft. GFA 1 space per 750 sq. ft. GFA LII- Sexually-oriented businesses LIII- 1 space per 200 sq. ft. GFA Warehouses, storage buildings or structures used exclusively for storage 1 space per 12,000 sq. ft. of gross area for storage purposes 1 space per 1,000 sq. ft. of gross area for storage purposes 425 234 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements Table 9-12 Parking for Nonresidential Land Uses (Cont.) Commercial Uses (Cont.) LIV- Wholesale establishments and warehouses not used exclusively for storage LV- 1 space per 500 sq. ft. GFA, excluding that area devoted to office or sales, plus 1 space per 250 sq. ft. of office or sales area Mini-storage facilities: LVI-VI- (1) Single-story 1 space per 5,000 sq. ft. plus 2 spaces for any caretaker’s unit N/A LVII-VII- Driv e aisles between storage bays must be wide enough for a parked vehicle plus a fire lane Outdoor storage, such as auto wrecking and salvage, contractors storage yard 1 space per 1,000 sq. ft. but not less than 6 spaces Office and Health Care Uses General requirement for all office and health care uses Minimum 30% of required spaces shall be covered by a trellis or carport structure LVIII- Banks, savings and loans, credit unions and similar financial institutions LIX- 1 space per 250 sq. ft. GFA (for either stand-alone or uses which are part of a larger building) Convalescent hospitals, nursing homes, children's homes and sanitariums 1 space per 4 beds based on the resident capacity of the facility as listed on the required license or permit LX-VIII- Mini mum 30% of required spaces shall be covered by a trellis or carport structure See also 426 235 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements senior group housing (senior citizen hotels) under residential uses, preceding General offices, other than medical, dental, banks, savings and loans, credit unions and similar financial institutions or industrial park/research 1 space per 250 300 sq. ft. GFA LXI-IX- 1 space per 250 sq. ft. GFA LXII-X- Mini mum 30% of required spaces shall be covered by a trellis or carport structure Rates are for office uses only. If ancillary uses are included, such as financial institutions, restaurants or retail establishments, parking for such uses must be provided per their applicable rates Hospitals 1.75 spaces per bed Medical or dental offices/clinics 1 space per 200 sq. ft. GFA for first 2,000 sq. ft. plus 1 space per each 175 sq. ft. over 2,000 1 space per 175 sq. ft. GFA Minimum 30% of required spaces shall be covered by a trellis or carport structure Veterinary hospitals and clinics 1 space per 200 400 sq. ft. GFA exclusive of overnight boarding areas 1 space per 300 sq. ft. GFA exclusive of overnight boarding areas Automotive Uses Automobile repair facilities 1 space per 300 250 sq. ft. GFAof sales area, but not less than 5 per business 1 space per 200 sq. ft. of sales area, plus 2 spaces per service bay 427 236 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements Automobile Service StationsFueling: N/A XI- N/A For service stations, GFA means all areas which are fully enclosed and shall include retail area, restrooms, storage and mechanical areas, service bays, and cashiers booth (1) Without retail sale of beverage and food items 1 space per 250 500 sq. ft. GFA, plus 2 spaces per service bay (2) With retail sale of beverage and food items LXIII-XII- 10 spaces plus 1 space per 250 400 sq. ft. GFA plus 2 spaces/service bay 428 237 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements Automobile, truck, boat, and similar vehicle sales or rental establishments 1 space per 300 500 sq. ft. of office area, plus 1 space per 1,000 sq. ft. of indoor/outdoor sales/display area, plus 1 space per 300 sq. ft. GFA (not including service bays) for repair/service areas, plus 2 1 spaces per service bay N/A Parking is for customers and employees, and is not to be used for display. XIII- Car washes: (1) Full-service (2) SelfExpress-service 10 spaces. (Fuel, vacuuming or drying areas shall not be counted as parking spaces) 2 spaces per wash bayfacility (wash bays shall not be counted as parking spaces) N/A N/A Applicant may be required to submit a parking study which includes a stacking analysis for the proposed facility Industrial Uses General manufacturing, research and development and industrial uses 1 space per 500 sq. ft. GFA N/A Warehousing and distribution space XIV- 1 space per 1,000 sq. ft. GFA XV- N/A Assembly Uses Auditoriums, theaters, cinemas 1 space per 3 seats 1 space per 2.5 seats 18 lineal inches of bench shall be considered 1 fixed seat. Churches, temples and 1 space per 35 seats 1space per 2.53 18 lineal inches of 429 238 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements othersimilar places of assembly not specified elsewhere of assembly area seats of assembly area , plus required parking for other uses on the site bench shall be considered 1 fixed seat. Additional pParking will be required at the same rate for other auditoriums, assembly halls or classrooms to be used concurrently with the main auditorium NightClubs, dancehalls, lodge halls and union halls (not including health clubs) 1 space per 50 sq. ft. GFA, plus required parking for other uses on the site 1 space per 35 sq. ft. GFA, plus required parking for other uses on the site Mortuaries and funeral homes 1 space for every 25 sq. ft.5 seats of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees 1 space for every 20 sq. ft.3 seats of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees Community centers 1 space per 300 sq. ft. GFA 1 space per 200 sq. ft. GFA Lodging and Child CareChild daycare Uses 430 239 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements Day care centers, including preschools and nursery schools 1 space per 300 sq. ft. GFA, plus 1.5 spaces per employee 1 space per 250 sq. ft. GFA, plus 1.5 spaces per employee XVI- Stacking analysis mayshall be required to define a drop-off facility that accommodates at least four cars in a continuous flow, preferably one-way, to safely loading and unloading children Hotels & Motels 1.3 spaces per guest bedroom. plus required parking for other uses on the site 1.1 spaces per guest bedroom plus required parking for other uses on the site Timeshare facilities , fractional ownership and similar facilities 1.5 spaces per dwelling or guest unit plus required parking for other uses on the site 1.3 spaces per dwelling or guest unit plus required parking for other uses on the site Recreational Uses 431 240 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements Arcade, game and video 1 space per 200 sq. ft. GFA Billiard or pool establishments 1 space per 150 sq. ft. GFA 1 space per 100 sq. ft. GFA Bowling alleys 4 spaces per alley plus required parking for other uses on the site 5 spaces per alley plus required parking for other uses on the site Golf Uses: (1) Driving ranges (2) Pitch and putt, par three and miniature golf courses (3) Regulation courses 1 space per tee, plus the spaces required for additional uses on the site 3 spaces per hole, plus the spaces required for additional uses on the site 5 spaces per hole, plus the spaces required for additional uses on the site N/A N/A 8 spaces per hole, plus the spaces required for additional uses on the site Tennis courts, Handball/racquetball , and other court-based facilities 3 spaces per court 4 spaces per court Health clubs, membership gyms and commercial swimming pools 1 space per 200 sq. ft. GFA (for purposes of this use, swimming pool area shall be counted as floor area) 1 space per 150 sq. ft. GFA (for purposes of this use, swimming pool area shall be counted as floor area) Libraries/museums 1 space per 300 sq. ft. GFA 1 space per 200 sq. ft. GFA Shooting ranges 1 space per shooting station plus 5 spaces 432 241 Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off- Street Parking Requirement Maximum Off-Street Parking Requirement Additional Requirements for employees Skating rinks, ice or roller 1 space per 250 sq. ft. GFA= 1 space per 200 sq. ft. GFA Stables, commercial 1 space per each 5 horses kept on the premises 1 space per each 4 horses kept on the premises Public and Semipublic Uses Public utility facilities not having business offices on the premises, such as electric, gas, water, telephone facilities 1 space per employee plus 1 space per vehicle used in connection with the facility N/A Schools: (1) Elementary and junior high or middle schools (2) Senior high schools (3) Colleges, universities and institutions of higher learning (4) Trade schools, business colleges and commercial schools 2 spaces/classroom 10 spaces per classroom 20 spaces per classroom 20 spaces per classroom N/A N/A N/A N/A 433 242 3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows: a. Land uses required to provide bicycle parking equal to minimum three percent of the total parking spaces required per Table 9-12 include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five bicycle parking spaces include: churches, clubs/halls, hospitals and restaurants (all categories). c. Land uses required to provide a minimum of one bicycle parking for every twenty-five thousand square feet of gross floor area include governmental, general, medical and financial office uses. d. In addition to the requirements of subsections (D)(2)(a) through (c) of this section, retail centers shall provide five bicycle parking spaces for each tenant having over twenty thousand square feet of gross floor area. The spaces shall be provided at or near the major tenant’s main entry. e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. (Ord. 505 § 1, 2012; Ord. 361 § 1 (Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.150.080 Parking facility design standards. A. Parking Layout and Circulation. 1. Except for single-family detached, single-family attached, duplex and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 2. No parking space shall be located within three feet of any property line. 3. Tandem parking shall be permitted in mobilehome parks/subdivisions, as driveway guest parking and parking that exceeds the minimum required for single-family detached, single-family attached and duplex residential uses, and where valet parking is provided. In the RC residential district, tandem parking may also be employed to meet minimum required parking when located within a garage meeting the standards in Section 9.150.080(B)(11). 4. With the exception of single-family detached, single-family attached and duplex residential uses, all parking bays shall be bordered by continuous curbs. Individual wheel stops shall not be permitted in lieu of such curbs. 434 243 5. All driveways shall be designed for positive drainage. . If an inverted crown is proposed for a driveway, the center portion shall be a ribbon gutter of portland cement concrete rather than asphaltic concrete. 6. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking bay maneuvering areas, etc. Parking shall not be arranged to require backing out into major access drives. 7. In order to avoid dead-end aisles, pParking bays with ten spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway. Such accessways shall conform to the following standards: a. All parking facilities taking access from a major, primary or secondary arterial highway shall have a parking accessway between the arterial and the parking aisles. b. Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of thirty feet for projects with zero to two hundred parking spaces, fifty feet for projects with two hundred one to three hundred fifty spaces, seventy feet for projects with three hundred fifty-one to four hundred fifty spaces, and ninety feet for projects with four hundred fifty-one spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street. c. Parking accessways from nonarterial streets and highways shall be not less than twenty feet in length from the ultimate curbline of the adjacent street. d. One-way accessways shall have a minimum width of fifteen feet, unless the accessway is a fire lane, which requires a minimum of twenty feet. e. Two-way accessways shall have a minimum width of twenty-eight feet. 9. Entry/exit driveways shall be placed where they result in the least interference with the flow of traffic on the public street to which they connect. Joint entry driveways are encouraged and shall be arranged to allow parking lot maneuvering from one establishment to another without requiring exit to the street. Adjacent properties shall maintain agreements which permit reciprocal driveway connections across property lines. B. Parking Facility Design and Dimensions. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: width, nine feet; length, seventeen feet to curb plus two feet overhang; where curbs are not provided, a minimum length of nineteen feet is required. 435 244 Compact Space Dimensions. Compact spaces are permitted only if such spaces are in excess of the minimum parking requirement for the use. Compact parking spaces can make up 20% of required parking spaces. Compact vehicle spaces shall have the following minimum dimensions: width, eight and one-half feet; length, sixteen feet to curb plus one and one-half feet overhang; where curbs are not provided, a minimum length of seventeen and one-half feet is required. Compact vehicle spaces shall be clearly marked and distributed throughout the parking facility. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by two additional feet and/or shall have a backing-out pocket provided. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine feet wide and twenty-four feet in length to permit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in width. All end spaces confined by a curb shall be thirty feet long. Support Posts. No support posts or other obstructions shall be placed within one and one-half feet of any parking stall, except that such obstructions are allowed adjacent to the stall within the first six feet of the front of the stall, including any overhang area (see illustration). 6. Parking Aisles. Table 9-13 following contains minimum dimensions for parking aisles: Table 9-13 Minimum Parking Aisle Dimensions Parking Angle (degrees) One-Way Aisle Width (feet) Two-Way Aisle Width (feet) 0—44 14 26 (0° = parallel) 436 245 45—54 16 26 55—64 18 26 65—79 22 26 80—90 26 26 7. Space Marking. All parking spaces in a residential or nonresidential parking lot shall be clearly marked with white or yellow paint or other easily distinguished material with each space marking consisting of a double four inch wide hairpin stripe, twelve inches on-center. 8. Entry/Exit Driveways. Entry and exit driveways for commercial and multifamily parking lots shall be a minimum of twenty-eight feet wide plus any median width (medians shall be a minimum of three feet wide). Additional turning lanes, if required, shall be a minimum of twelve feet in width. One-way entry or exit drives shall be a minimum of sixteen feet in width. Maximum driveway width shall be forty-eight feet plus median width properly radiused. Internal driveways shall conform to the minimum widths, depending on the angle of parking in Table 9-13 of this section. 9. Curve Radii. Entry driveways shall have a minimum curb radius of five feet. Internal curb radii shall be a minimum of three feet. Driveway curve radius shall be a minimum of sixteen feet inside and twenty-nine feet outside if confined by a curb or other construction. 10. Sight Distance. No parking space shall encroach on the obstruction-free zone provided for sight distance at access points to major drives or streets. The obstruction-free zone shall be a six-foot-wide linear strip adjacent to the curbline of the street or major drive and shall extend in both directions from the access point in accordance with Riverside County road department standard drawing No. 806. 11. Residential Garages. Minimum interior dimensions in residential garages (wall-to-wall) shall be based on providing ten feet in width and twenty feet in depth, per required vehicle parking space. This applies to design of all required garage parking spaces, whether in a tandem parking or side-by-side configuration. C. Fire Lanes. Fire lanes shall be provided as required by the Fire Department. 1. Fire lanes meeting fire department standards shall be provided to allow access to all structures (both front and rear) for fire, law enforcement, and emergency medical purposes. 2. Fire lanes shall be kept separate from loading or service areas and the overall parking layout shall be configured so as to minimize possible obstruction of the fire lane. 3. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions. D. Pedestrian Circulation. 1. The purpose of a parking lot is to provide for the transition from vehicular to pedestrian movement. All parking lots arrangements shall be designed to 437 246 provide for the maximum safety and convenience of pedestrians in their movement to and from the parking area. 2. Where possible, landscaped areas shall also contain paved pedestrian walks for the safe movement of pedestrians. 3. On major driveways, crosswalks and sidewalks shall be provided to mark cross-vehicular pedestrian movement. 4. Textured surfaces, signs and speed bumps shall be used to keep vehicular speeds low. E. Loading and Other Service Facilities. 1. Off-Street Loading Requirements. a. Whenever the city determines that the normal operation of any use or development requires that goods, merchandise or equipment to be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this subsection to accommodate such activities in a safe and efficient manner. For purposes of this chapter, the term “loading” means both loading and unloading. b. Table 9-14 following shows the number and size of loading berths expected required to satisfy the standards set forth in this subsection. However, the planning commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in subsection (E)(1)(a) of this section: Table 9-14 Number of Loading Berths Required by Floor Area Gross Floor Area (sq. ft.) Minimum Loading Berths Required 1,000—19,999 1 20,000—79,000 2 80,000—127,999 3 128,000—191,999 4 192,000—255,999 5 256,000—319,999 6 320,000—391,999 7 Each additional 72,000 square feet or fraction thereof 1 additional berth a. Each loading berth shall be not less than forty-five feet in length and twelve feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen feet. b. d. Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than fifty feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the planning commission may require screening walls or 438 247 enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility. e. Loading berths shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, complete the loading and unloading operations without obstructing or interfering with any fire lane, public right-of-way or any parking space or parking lot aisle. f. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting to a street or alley. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion. g. Sufficient room for turning and maneuvering delivery vehicles shall be provided on the site so that vehicles are not required to back up in order to leave the site. h. The loading berth, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. i. Bumper rails and bollards shall be provided at locations where needed for safety or to protect property. j. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to minimize glare. k. No repair work or servicing of vehicles shall be conducted in any loading berth. c. l. Off-street loading facilities shall be located on the same site as the use served. m. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. n. Loading facilities for a single use shall be considered as providing required loading facilities for any other use on the same site as long as sufficient spaces are provided to meet the requirements of all uses. o. Off-street loading berths shall be provided prior to the time of initial occupancy or prior to completion of major alterations or enlargement of a structure or site. The number of loading berths provided for a major alteration or enlargement of a structure or site shall be in addition to the number existing prior to the alteration or enlargement. d. p. No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off- street parking area be used to satisfy the area requirements for loading facilities. 439 248 e. q. No loading berth which is provided for the purpose of complying with the provisions of this section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this chapter. r. Because of the weight of trash trucks and other delivery vehicles, alleys and loading berths serving such vehicles shall be improved with a minimum structural section of three and one-half to six inches of portland concrete over a suitable base, depending on a recommendation by a registered civil engineer. 2. Utilities. All utility connections, utility meters and mechanical equipment shall be accessible from an area adjacent to (but not within the maneuvering area of) the fire lanes. Enough space shall be provided for a service truck to park adjacent to the utility area. Such area shall not conflict with the loading and maneuvering areas required per subsection G1 of this section. 3. Trash Facilities. Trash enclosures shall be provided exclusively for trash collection in accordance with the requirements of Section 9.100.200. f. Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than fifty feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the planning commission may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility. g. Off-street loading facilities shall be located on the same site as the use served. h. No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading facilities. i.f. No loading berth which is provided for the purpose of complying with the provisions of this section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this chapter. C. Parking Lot Surfacing. 1. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No ponding shall be permitted. 2. All parking and maneuvering areas shall be paved with paving blocks or asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and 440 249 shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrans). 3. The minimum thickness for portland concrete surfacing is three and one-half inches and shall be increased as needed to accommodate the expected loading. Expansion joints shall be provided. 4. The minimum structural section for asphaltic concrete pavement shall be compacted to a minimum thickness of three inches on four inches of Class Two base. The base thickness can be varied based on the recommendation of a preliminary soil report. A modified structural section may be used based upon the recommendation of a registered civil engineer if approved by the city. D. Valet Parking. 1. Valet parking shall be reviewed by the planning commission in conjunction with the site development permit or other entitlement for the use or separately as a minor use permit per the procedures of Section 9.210.020. 2. When valet parking is provided, a minimum of twenty-five percent of the required parking area shall be designated and arranged for self-parking to prevent on-street parking and blocking of fire lanes. 3. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity to accommodate three cars. 4. The route from the drop-off pickup point to the area designated for parking shall be via an on-site private drive and shall not utilize any public street. 5. A safe pedestrian route for valet staff shall be provided which does not cross the path of the valet parking route. 3. 6. All valet parking approvals shall be conditioned to require that sufficient liability insurance for patrons be carried during each year of operation. D.E. Shopping Cart Storage. 1. Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks. 2. Cart racks shall be distributed so that no parking space within the facility is more than 100 feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts. 3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts. 4. Nonresidential site development permit approvals shall include a condition requiring parking lots to be cleared of shopping carts no less frequently than once every two hours. More than twenty-five percent of the required parking spaces blocked by shopping carts shall constitute a public nuisance and shall be abated. 441 250 3.4. 5. Site plans and parking facilities shall be arranged in such a way that pedestrians with carts need not cross major internal driveways or alternatively, to provide a crosswalk at crossing points with textured paving preceding the crosswalk to alert drivers. 4.5. If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The planning commission may also require a screening wall or landscape screening in front of such a cart storage area. E.F. Underground and Decked Parking. 1. The minimum dimensions for underground, decked or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure. 2. The clearance heights of overhead obstructions shall be clearly marked. 1.2. 3. A level or nearly level transition area between the street and ramps up or down, parking shall be provided for a distance which will provide adequate sight distance at the street. 3. Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the planning commission. 4. Parking structures shall be subject to site development permit review in all cases. As part of such review, special care shall be taken to prevent the mass and height of parking structures from intruding into the streetscape. 5. Multiple-level parking structures shall contain light wells (minimum dimensions: twenty by twenty), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. Tall trees (especially palms) shall be used to tie together the various levels of the parking structure. In addition, t 6. The pPlanning cCommission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. Parking structures shall be subject to site development permit review in all cases. Multiple-level parking structures shall contain light wells (minimum dimensions: twenty by twenty), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. The planning commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. Drive-Through Facilities. Drive-through facilities shall conform to the following regulations: 442 251 No drive-through facility shall be permitted within two hundred feet of any residentially zoned or used property. Safe on- and off-site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping. Vehicles at service windows or machines shall be provided with a shade structure. Amplification equipment, lighting and location of drive-through elements and service windows shall be screened from public rights- of-way and adjacent properties per the provisions of subsection L of this section. Exits from drive-through facilities shall be at least three vehicles in length, shall have adequate exiting sight-distance, and shall connect to either a signalized entry or shall be limited to right turns only. The drive aisle shall be a minimum of twelve feet in width. K. Lighting of Parking and Loading Areas. 1. Illumination of parking and loading areas shall conform to the requirements of this subsection and Section 9.100.150 (Outdoor lighting). 2. Lighting shall be provided for all parking facilities. 3. All off-street parking areas in multifamily residential projects shall be illuminated at night. 4. Commercial establishments shall provide night lighting throughout required parking areas at all hours of customer and employee use. 5. Lighting, where installed for parking area, sales and/or display area, shall be arranged so as to reflect away from adjoining residential areas and shall be designed to minimize impacts on vehicular traffic and residents. 6. Light sources shall not be visible from off the property, shall not direct light skyward, and shall be so arranged by means of filters or shields to avoid reflecting light onto adjoining properties or streets per Section 9.100.150. 7. Light standards should be placed between parking spaces or built into landscaped areas. 8. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or eighteen feet (measured from finish grade at the base of the standard), whichever is greater. Graduated light standard heights within a site with lower heights in 443 252 peripheral areas may be required by the planning commission to provide compatibility with adjoining properties and streets. 9. Average illumination levels at finish grade in parking areas which require lighting shall be between one and two footcandles, with a maximum ratio of average light to minimum light of three to one. Lighting plans shall take into account the placement and growth of landscape materials. L. Screening of Parking Areas. 1. Screening Required. Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this subsection. 2. Height. Screening shall be a minimum of three feet high adjacent to public streets or nonresidential uses and a minimum of six feet high adjacent to residential uses, except that screening shall not exceed thirty inches high where required for motorist sight distances as specified in Section 9.100.030. This height restriction shall not apply in the VT Tampico urban mix district 3. Screening Walls. a. Wall Materials. Walls shall consist of concrete, stucco, plaster, stone, brick, tile or similar type of solid material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), pilasters, open panels (e.g., containing wrought iron), periodic variations in materials, texture or colors, and similar measures. Screening walls or fences may also include open portions (tubular steel, wrought iron, etc.) if the city determines that the desired screening of parking areas and noise attenuation is still achieved. c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the city. 4. Other Screening Materials. In addition to walls, if approved by the decision-making authority, screening may consist of one or a combination of the following materials: a. Plant Screens and Berms. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms (earthen mounds). 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. Width of landscape strips and other landscaping standards shall be in accordance with subsection M of this section. b. Solid Fences. If permitted in the zoning district, a solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. c. Open Fences. An open weave or mesh-type fence shall be combined with plant materials to form an opaque screen. 444 253 M. Parking Facility Landscaping. 1. Purpose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this subsection. 2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision-making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with subsection L of this section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than thirty inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the ultimate property line (i.e., after street dedication), shall be in accordance with Table 9-15 following. (See also Nonresidential Development Standards, Chapter 9.90.) Table 9-15 Required Perimeter Landscaping Street or Highway Minimum Width of Planting Strip (feet) Highway 111 50 Primary image Image corridors* 20 Other streets and highways 10 * The following are primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). 5. Interior Landscaping. a. Within open parking lots (i.e., not including parking structures) containing four or more parking spaces, landscaping equal to at least five percent of the net parking area shall be provided within parking areas. Perimeter planting strips shall not be credited toward this interior landscaping requirement. b. All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained. Landscaping shall include native or drought-tolerant shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas. (See also Nonresidential Development Standards, Chapter 9.90.) c. Interior landscaping shall be distributed evenly throughout the entire parking area. 445 254 d. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 6. Parking Lot Shading. As part of the minimum interior landscaping required per subsection M5 of this section, eight to ten foot tall (minimum fifteen- gallon container size) trees of suitable mature size, spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy-type trees shall be placed so as to shade a portion of the total parking area within fifteen years in accordance with Table 9-16 following. 446 255 Table 9-16 Required Parking Lot Shading Minimum Required Parking Spaces Minimum Percent of Parking Area to be Shaded 0—4 n/a 5 or more 50 a. A shade plan shall be submitted with detailed landscaping plans which shows canopies after fifteen years growth to confirm compliance with the above percentage requirements. Professional landscaping judgment shall be used to evaluate the plan as to its fifteen-year growth and coverage and its compliance with the table’s percentage shade requirements. Shade coverage shall be determined by the approximate crown diameter of each tree species at fifteen years of age. b. Shade structures, such as trellises, may be credited for up to fifty percent of the required parking lot shading specified in Table 9-16 preceding. c. Tree locations should not interfere with required lighting of public areas or parking areas. 7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. Boulders, gravel, and the like, may be integrated with plant material into a well-conceived plan. Berming or other aesthetic approaches integrated into the overall design are encouraged. 8. Curbs Required. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or landscape planter at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 9. Irrigation. Effective full-coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping remains in a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replaced with the same size and species plant material. Hose bibs shall be placed at intervals of not less than two hundred feet. Irrigation water shall be contained within property lines. 10. Landscaping of Undeveloped Areas. All undeveloped areas within the interior of any parking area, such as pads for future development, shall be landscaped with appropriate plant material and maintained in good condition. 11. Landscape Plans. Landscape plans shall be submitted in conjunction with grading and other development plans for all parking facilities with four or more spaces, except for single-family detached, single-family attached and duplex residential. Plans shall include all planting, hardscape, irrigation and other items required by this subsection. Plant lists shall be included giving the botanical and common names of the plants to be used and the container size at time of planting. N. Nonconforming Parking. The continuation of uses with parking which does not conform to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter 9.280 (Nonconformities). (Ord. 505 § 1, 2012; Ord. 414 447 256 § 1, 2005; Ord. 361 § 1 (Exh. A), 2001; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.150.090 Handicapped parking. Handicap Parking Facilities Required. Public accommodations or facilities, including industrial, commercial, professional, institutional and multifamily dwellings of five or more units, shall provide parking spaces for the physically handicapped in compliance with the federal Americans with Disabilities Act (ADA). (Ord. 284 § 1 (Exh. A) (part), 1996) 9.150.100 Nonconforming parking. 9.150.100 Nonconforming parking. A. Continuation of Uses. A use which was a legal use on the effective date of this code shall be allowed to continue in operation at whatever parking ratio was in effect at the time the use was established, provided such use was properly permitted and parked in accordance with the regulations in effect at that time. A. B. B. Expansions and Additions. Any Unless otherwise provided in this Code, any additional uses, intensifications of use, expansions or changes of use which generate a need for added parking shall comply with Chapter 9.150 (Parking). Only the changed portion of the use will be required to conform to said chapter unless an overriding public safety issue, confirmed by the planning commission and the city council, requires a redesign of the existing parking. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.160 SIGNS 9.160.010 Purpose and intent. Purpose. These regulations are intended to implement the goals and policies of the general plan by: A. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; B. Preserving and improving the appearance of the city as a place to live, work and visit; C. Encouraging sound signing practices to aid business and provide directional information to the public; D. Ensuring that signs effectively identify business and other establishments; E. Preventing excessive and confusing signing displays; 448 257 F. Reducing traffic hazards and promoting the public health, safety and welfare by minimizing visual competition among signs. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.020 Exempt signs. A. Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of- way unless specifically permitted herein below. Table 9-17 Exempt Signs Not Requiring a Sign Permit* Sign Type Placement Maximum Area Illumination 1. Official notices issued by any court or public body or officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice n/a n/a n/a 2. Within residential districts, address or identification signs Building- mounted 1 sq. ft. aggregate Required 3. Signs located in the interior of any building or enclosed outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area n/a n/a Yes 4. Tablets, stained glass windows or dates of erection cut into the surface of a wall or pedestal or projecting not more than two inches Building- mounted or freestanding 3 sq. ft. No 5. Directional, warning or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses n/a n/a Yes 6. Incidental accessory signs and placards (e.g., open/closed signs, six signs maximum per premises) Window or building- mounted 3 sq. ft. aggregate No 449 258 Table 9-17 Exempt Signs Not Requiring a Sign Permit* Sign Type Placement Maximum Area Illumination 7. Temporary decorations clearly incidental and customary and commonly associated with any national, local or religious holiday, provided such signs are erected no earlier than forty-five days from the applicable holiday and removed within twenty-one days after the applicable holiday. n/a n/a Yes 8. Sculptures, fountains, mosaics and design features which do not incorporate advertising or premise identification n/a n/a Yes 9. Property signs (e.g., “No Trespassing,” “No Parking,” etc.), informational/directional signs (e.g., “Restrooms,” “Exit,” etc.) and warning signs (e.g., “High Voltage”) Building- mounted or freestanding 3 sq. ft. Yes 10. Vehicular directional signs used to identify street entrances and exits, maximum three feet if freestanding Building- mounted or freestanding 3 sq. ft. Yes 11.Directional pavement marking n/a n/a n/a 12.Newspaper stand identification n/a 3 sq. ft. No 13. Within commercial districts, chalkboards or small placards (e.g., restaurant menu boards) Building- mounted 3 sq. ft. Indirect only 14.Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and nonprofit public information signs for public, quasi-public, and nonprofit uses on public or private property, adjacent to an arterial thoroughfare. Number, shape, location and height (maximum 6 feet) of signs shall be approved by the director of planning and public works Freestanding n/a No 16. Within commercial zones, temporary information window signs fronting on a street, parking lot or common on-site area, not covering more than 25% of the area of the window(s) within which they are placed for a period not to exceed 14 days nor more than 6 times per calendar year. No more than 3 signs per elevation with windows may be installed at any one Window- mounted No one window sign shall exceed 4′ high or 8′ long (32 sq. ft.) No 450 259 Table 9-17 Exempt Signs Not Requiring a Sign Permit* Sign Type Placement Maximum Area Illumination time 17. Within residential zones, temporary decorative flags clearly incidental which may or may not be associated with any national, local or religious holiday Building- mounted 7 sq. ft. No 18. Temporary for sale, lease, open house, or rent signs located on the subject property. One sign per street frontage. Freestanding 6 sq. ft., 4 feet high. Aggregate not to exceed 12 sq. ft. No 19. Temporary for sale, lease, open house, or rent signs located on commercial/ten acre residential parcels in one ownership. One sign per street frontage Freestanding 12 sq. ft. 6 ft high. Aggregate not to exceed 24 sq. ft. No Signs in residential districts requiring a permit See Section 9.160.040 Signs in nonresidential districts requiring a permit See Section 9.160.050 Temporary and semi-permanent signs See Sections 9.160.060 and 9.160.070 * In this table: “ n/a” means not applicable or no restriction “ Building-mounted” means signs mounted flush-to-wall only B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text or design change is made. (Ord. 468 § 1, 2009; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.030 General sign standards. A. Applicability. Signs in the city of La Quinta, including exempt, permanent, semipermanent and temporary signs, are subject to the general standards of this section. B. Planned Sign Programs. Planned sign program review is required, per the provisions of Section 9.160.090D, for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the planning commission; or (3) include a request 451 260 for a sign adjustment to a sign previously approved under a planned sign program. C. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Community Development DirectorDirector determines that the application of any provision of this chapter is uncertain, the issue shall be referred to the planning commission for determination. D. Application of Standards. If the director determines that a staff-reviewed sign does not conform to one or more of the general standards set forth in this section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment. E. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double-Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is twenty square feet, a double-faced sign may have an area of twenty square feet per face. 5. Three-Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is twenty square feet, the maximum allowable area for each face is only five square feet. 6. Separated-Panel Signs. The sign area of open or separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. F. Measurement of Sign Height. Sign height shall be measured as follows: 1. Building-Mounted Signs. The height of building-mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Freestanding Signs. The height of a freestanding sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or 452 261 design elements. However, in cases where the director determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. G. Sign Placement. 1. Setback From Street. Freestanding signs shall not be located within five feet of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030D. 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. 3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right-of-Way. No sign shall be located within, over or across a public right-of-way unless specifically permitted in this chapter. H. Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. “Undue brightness” is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. I. Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair and painted where paint is required. The Community Development DirectorDirector may request the director of building and safety to order the repair or removal of any sign determined by the director to be unsafe, defective, damaged or substantially deteriorated. J. Landscaping of Freestanding Signs. All freestanding signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition. K. Inspection. All sign owners and users shall permit the periodic inspection of their signs by the city upon ten days’ notice. 453 262 L. Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area. (Ord. 506 § 1, 2013; Ord. 284 § 1 (Exh. A), 1996) 9.160.040Permanent signs in residential districts. Signs identified in Table 9-18 following are permitted in residential districts subject to approval of a sign permit per Section 9.160.0 Table 9-18 Permanent Signs Permitted in Residential 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 9.60.030. Note: “ID” means identification sign. Sign Type and Placement Maximum Number Maximum Area (sq. ft.) Maximum Height Illumination Additional Requirements Building-mounted or freestanding project/ neighborhood/apartment complex ID sign 2 per entry street (1 if double- faced) 24 6 ft., or top of wall if building- mounted Indirect only 1 single-faced sign permitted on each sign of street (1 sign only if double-faced) Building-mounted or freestanding directory sign for multitenant buildings or complexes 1 per entrance to building or complex 18 6 ft. Indirect only Signs are to be designed and oriented to direct pedestrian traffic Building-mounted or freestanding apartment rental (permanent) 1 of either per street frontage 6 6 ft. Indirect only Permanent sign giving rental information for buildings or complexes containing 15 or more units Other uses 1 freestanding 24 6 ft. Indirect only 1 sign may be changeable copy 2 building- mounted 24 aggregate Top of wall Signs in nonresidential districts requiring a permit See Section 9.160.050 Signs exempt from sign permit approval See Section 9.160.020 454 263 (Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.050 Permanent signs in nonresidential districts. Signs identified in Table 9-19 following are permitted in nonresidential districts subject to approval of a sign permit per Section 9.160.090. Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit Notes 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. “ID” means identification sign. Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Placement Maximum Number Maximum Area Maximum Height Illumination Additional Requirements Freestanding center or complex ID sign for multitenant building or multibuilding shopping center or other commercial or office complex 1 per street frontage 0.25 sq. ft. per lineal ft. of street frontage up to maximum of 50 sq. ft. per sign and 100 sq. ft. aggregate for all signs 8 ft. Direct or indirect for all signs Aggregate sign area may not be combined among street frontages. Letter height shall be a minimum 10″ high Building- mounted or permanent window ID signs for individual commercial or office tenants 1 flush- mounted plus 1 under- canopy per tenant frontage along a street or along a common- Flush- mounted: 1 sq. ft. per lineal ft. of lease frontage up to maximum of 50 sq. ft. aggregate 8 ft. Direct or indirect for all signs ID signs for tenants above the ground floor in buildings with only interior access above ground floor shall require a sign program Under- canopy: 3 Temporary and semi-permanent signs See Section 9.160.060 and 9.160.070 455 264 Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit Notes 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. “ID” means identification sign. Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Placement Maximum Number Maximum Area Maximum Height Illumination Additional Requirements use parking lot with no direct street frontage sq. ft. Freestanding ID sign for individual commercial or office building 1 50 sq. ft. 8 ft. Direct or indirect for all signs Allowed only if building has minimum 200 ft. of street frontage Building- mounted ID sign for individual commercial or office building 2 (but no more than 1 per each side of building) 1 sq. ft. per lineal ft. of building frontage along a street up to maximum of 50 sq. ft. aggregate Top of wall Direct or indirect for all signs Building- mounted or freestanding directory sign for multitenant buildings or complexes 1 per entrance to building or complex 18 sq. ft. Top of wall or 6 ft. if freestanding Direct or indirect Signs are to be designated and oriented to direct pedestrian traffic 456 265 Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit Notes 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. “ID” means identification sign. Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Placement Maximum Number Maximum Area Maximum Height Illumination Additional Requirements 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 access/ADA compliance, and shall only be placed during business hours Gas/service stations 1 freestanding sign per street frontage, combining business identification and gas prices 50 sq. ft. aggregate 8 ft. Direct or indirect for all signs Allowed only for stations which are not accessory to other uses. Price sign must show the lowest price per gallon of all grades, including taxes 1 building- mounted ID Top of wall 457 266 Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit Notes 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. “ID” means identification sign. Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Placement Maximum Number Maximum Area Maximum Height Illumination Additional Requirements Theaters, cinemas and cabarets 1 freestanding and 1 building- mounted sign, of which 1 sign may be combination ID and attraction board Aggregate allowed: 20 sq. ft. plus 10 sq. ft. per screen/stage over 1, up to a maximum of 40 sq. ft. Top of wall or 12 ft. if freestanding Direct or indirect for all signs Theaters, cinemas and cabarets 1 building- mounted coming- attraction poster per screen or stage 6 sq. ft. each Top of wall Indirect only 1 building- mounted coming- attraction poster per screen or stage Church and institutional uses 1 freestanding 24 sq. ft. 6 ft. Direct or indirect for all signs 1 of the allowed signs may include an attraction board 2 building- mounted 24 sq. ft. aggregate Top of wall Signs in residential districts requiring a permit See Section 9.160.040 Signs exempt from sign permit approval See Section 9.160.020 Temporary and semipermanent signs See Sections 9.160.060 and 9.160.070 (Ord. 506 § 1, 2013; Ord. 480 § 1, 2010; Ord. 284 § 1 (Exh. A), 1996) 458 267 9.160.060 Permitted temporary signs. A. Definition. See Chapter 9.280. B. Maximum Time Periods. No temporary sign shall be posted for more than forty-five consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election.) The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single-floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed one hundred. F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be located closer than five feet from the edge of the paved area of any public road or street and shall not be posted within any median located in a public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs placed within the city limits. Temporary signs shall not be posted in a manner which 459 268 obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post one or more temporary signs on public property and/or four or more temporary signs on private property shall make application to the planning departmentPlanning Division 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. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the planning departmentPlanning Division a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the planning departmentPlanning Division’s receipt of a temporary sign permit application, the Community Development DirectorDirector shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director’s decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the 460 269 temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. 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 fourteen consecutive days, and a minimum of thirty consecutive days between each placement period. The banners shall be located within nonresidential 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 banner(s) shall consist of light- weight fabric or similar material attached to the building wall below the eave line. The banner(s) shall be non-illuminated and its size shall not exceed thirty-two square feet. K. Garage, Patio, Yard Sale Advertising. Two signs (provided by the city) are permitted; one on-site and one at the nearest intersection. The on-site 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. (Ord. 506 § 1, 2013; Ord. 479 § 1, 2010; Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A), 1996) 9.160.070 Permitted semipermanent signs. A. Definition. See Chapter 9.280. B. Maximum Time Periods. No semipermanent sign shall be posted for more than one year. In addition, all semipermanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semipermanent sign. (For example, a semipermanent sign 461 270 advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold.) The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Semipermanent signs may not exceed thirty-two square feet in area. The aggregate area of all semipermanent signs placed or maintained on any parcel of real property in one ownership shall not exceed sixty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding semipermanent signs shall not exceed eight feet in height. Semipermanent signs which are posted, attached or affixed to multiple-floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single-floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the number of signs on any parcel exceed ten. F. Placement Restrictions. Semipermanent signs may not be posted on public property, as defined in Section 9.160.130. Semipermanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semipermanent signs unless specifically authorized by the semipermanent sign permit. G. Sign Permit Required. Any person, business, campaign organization or other entity who proposes to post or erect a semipermanent sign shall make application to the planning departmentPlanning Division for a semipermanent sign permit. 1. Statement of Responsibility Required. Each applicant for a semipermanent sign permit shall submit to the planning departmentPlanning Division a statement of responsibility certifying a natural person who will be responsible for removing each semipermanent sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the planning departmentPlanning Division’s receipt of a semipermanent sign permit application, the director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for semipermanent signs based on character, location and design, including design elements such 462 271 as materials, letter style, colors, sign type or shape and the provisions of this section. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi-permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the city. c. The director’s decision with respect to a permit application for a semipermanent sign may be appealed to the planning commission. H. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The planning directorDirector shall approve the application for an extension of time upon finding that the semipermanent sign is otherwise in compliance with the requirements of this section and that the time extension is necessary to accomplish the purposes for which the semipermanent sign has been posted. I. Maintenance and Removal of Semipermanent Signs. 1. Maintenance. All semipermanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal. If the city finds that any semipermanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the semipermanent sign, or the person who has claimed responsibility for the semipermanent sign pursuant to subsection F of this section, that the semipermanent sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the semipermanent sign or responsible person to remove or alter such semipermanent sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each semipermanent sign which is in violation. If the owner of the semipermanent sign or the person responsible therefor fails to comply with the notice within five days after such notice is given the semipermanent sign shall be deemed abandoned, and the city may cause such semipermanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semipermanent sign to the city. (Ord. 293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.080 Semipermanent downtown Village directional signs. A. Purpose. To provide vehicular direction to specific businesses which, due to their location within the boundaries of the Village commercial zoning district and away from major arterials, are difficult to find. B. Definition. See Chapter 9.280. C. Maximum Time Periods. No downtown Village directional sign panel shall be installed for more than eleven consecutive months out of any twelve- month period. However, a sign panel may be installed for more than eleven consecutive months if there is no waiting list for commercial business on 463 272 that sign panel. A log containing the installation date of all sign panels shall be maintained by the contracted group or agency. This log shall be made available to the city upon request, and submitted annually to the city. D. Monument Base Structure, Size and Standards. Downtown Village directional sign panels shall only be installed in approved monument base structures which conform to the following standards: 1. Structures shall not exceed eight feet in height and six feet in width. 2. Structures shall contain no more than eight sign panels per face or side. 3. Structures shall have no more than two faces or sides. 4. Structure shall include, at the top, a decorative cap or sign of maximum two feet six inches high and six feet wide. 5. The base shall be constructed of block, brick, wood, stone or other similar material. 6. No tag, sign, streamer, device, display board or other attachment may be added or placed upon the structure. E. Sign Panel Size and Standards. Downtown Village directional sign panels which are mounted in the monument base structures shall be eight inches in height and five feet wide, and shall conform to the following standards: 1. The use of such sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village commercial zoning district. 2. Each sign panel shall contain the name of the business and a directional arrow on no more than two lines. 3. Indirect lighting may be provided as set forth in Section 9.100.150. F. Sign Locations. Five structures shall be allowed: The specific location at each intersection shall be approved by the planning directorDirector and the director of public works. The structures may be located in the city’s right-of-way. If located in the right-of-way, an encroachment permit shall be obtained from the director of public works. The structures shall be located for maximum readability and traffic/pedestrian safety. G. Installation. The city shall have the discretion to contract with a nonprofit group or nongovernmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the semi-permanent downtown Village directional sign program shall sign a memorandum of agreement with the city setting forth the scope of responsibilities and services to be provided. H. Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the city, sign panels and structures shall be repaired and/or maintained within thirty days of such request. Failure to repair/maintain sign panels and structures shall be cause for city to request removal or to remove. (Ord. 401 § 1 (Exh. A), 2004: Ord. 284 § 1 (Exh. A) (part), 1996) 464 273 9.160.090 Sign permit review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this chapter or other provisions of this chapter. Signs requiring approval shall comply with the provisions of this chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this chapter shall apply before a sign permit and/or building permit is issued. B. Submission Materials. The following shall be submitted by the applicant to the planning departmentPlanning Division at the time of permit application unless otherwise modified by the planning directorDirector: 1. Completed sign application obtained from the city; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by city council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected; 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method, b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy and method of illumination indicated for each, c. Building elevations with signs depicted (for building-mounted signs). C. Review Procedures—Standard Sign Application. 1. The standard sign application is used by the planning departmentPlanning Division to process the following sign applications using the standards and provisions contained in this chapter: a. Two or less permanent signs; b. Signs in conformance with a previously approved planned sign program pursuant to subsection D of this section. 2. The planning directorDirector or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this chapter and the regulations herein. 465 274 D. Review Procedures—Planned Sign Programs. 1. Planned Sign Programs. Planned sign program review per the provisions of this subsection is required for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the planning commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 2. The planning commissionDirector shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project. 3. The planning commissionDirector, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the commission must find that: a. The sign program is consistent with the purpose and intent of this chapter; b. The sign program is in harmony with and visually related to: i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. ii. The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. 4. Modification of signs within a previously approved sign program shall be reviewed by the planning directorDirector and approved by the planning commission under the same procedures as review of a new planned sign program. E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the planning commissionDirector. Applications for sign adjustments shall be submitted in writing on forms provided by the planning directorDirector. The planning commissionDirector shall make one or more of the following findings in conjunction with approval of a sign adjustment: 1. Additional Area. a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; 466 275 d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional Number. To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations. a. To transfer area from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on-site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure. 4. Alternative Type of Sign. To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height. To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. 1. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the planning departmentPlanning Division to be stamped “Approved.” The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building and safety department and the planning departmentPlanning Division for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. 1. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the director for an extension of up to one year from the date of expiration. The director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the director finds that there has been a substantial change in circumstances. 467 276 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this chapter under the new circumstances. H. Appeals. Any decision of the planning directorDirector made pursuant to this chapter may be appealed to the planning commission and decisions of the planning commission may be appealed to the city council. The appeal must be made within fifteen calendar days of the decision date, in accordance with Section 9.160.120. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.100 Prohibited signs. The signs and displays listed in this section are prohibited. Such signs are subject to removal by the city at the owner’s or user’s expense. Prohibited signs include the following: 1. Any sign not in accordance with the provisions of this chapter; 2. Abandoned signs; 3. Rotating, revolving or otherwise moving signs; 4. Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted; 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances or similar displays, unless specifically permitted in this chapter; 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this chapter; 8. Off-premises signs as defined in Section 9.160.130, 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; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state or local laws in effect at the location of such signs or activities; 11. Building-mounted signs placed on or above the roof or above the eave line of any structure; 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 468 277 13. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic-control sign, signal or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic; 15. Signs located upon or projecting over public streets, sidewalks or rights- of-way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure; 17. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a temporary or special outdoor event permit; 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility; 19. “For Sale” signs affixed to vehicles parked on public right-of-way or on any vacant property; 20. Neon signs, except those specifically approved as an activity’s major identification sign; 21. Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this chapter; 22. Advertising statuary; 23. Any temporary sign or banner, unless specifically permitted in this chapter; 24. Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy. (Ord. 506 § 1, 2013; Ord. 361 § 1 (Exh. A), 2001; Ord. 284 § 1 (Exh. A), 1996) 9.160.110 Nonconforming signs. A. Every legal sign in existence on the effective date of this code which does not conform to the provisions of this chapter but which was in conformance with city sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided: 1. The sign is properly maintained and does not in any way endanger the public; and 469 278 2. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter. B. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the signs noncompliance with the provisions of this chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance. C. Any nonconforming sign which is damaged or destroyed beyond fifty percent of its value shall be removed or brought into conformity with the provisions of this chapter. The determination whether a sign is damaged or destroyed beyond such fifty percent of value shall rest with the planning directorDirector and shall be based upon the actual cost of replacing said sign. D. The burden of establishing a sign as legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.120 Enforcement, sign removal and abatement. A. Enforcement Responsibility. It shall be the duty of the director or the directors authorized representative to enforce the provisions of this chapter. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this chapter shall be deemed illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this chapter. Further, in order to discourage the erection of signs without a permit, the director may require that such illegally erected signs be removed prior to review. If the director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within ninety days after the associated enterprise or occupant has vacated the premises or within ninety days after the time, event or purpose which no longer applies 470 279 has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per subsection E of this section. C. Unsafe Public Signs. Any sign deemed by the city to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the city or shall be removed pursuant to subsection E of this section. D. Expired Temporary and Semipermanent Signs. A temporary or semipermanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060H and 9.160.070I respectively shall be removed. E. Abatement and Removal of Signs. 1. Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign. a. Abatement. Upon discovering the existence of an illegal sign, the director shall have the authority to order the immediate abatement and removal thereof. The director shall notify the owner thereof, or the owner’s representative, in person or by mailing an abatement notice to the owner’s last known address. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the director determines that the illegal sign constitutes an immediate danger to the health, safety and welfare of the community or is a safety hazard. b. Hearings. i. Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign 471 280 shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith. ii. Any hearing to appeal an abatement order which is requested shall be conducted within five working days of the receipt of the request by the city manager, who should be designated as the hearing officer. The failure of either the owner or his or her agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or his agent shall have fifteen days from the date of the hearing to retrieve his sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner of this agent shall have fifteen days to retrieve his or her sign. c. Disposition. Any sign not retrieved by its owner within thirty days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within thirty days of storage of the sign by the city in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the city. F. No City Liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section. G. Legal Action. In response to any violation of the provisions of this chapter, the city may elect to file a criminal complaint against the violator, issue a citation to the violator for an “infraction” pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.160.130 Sign definitions. For the purposes of this chapter, words and phrases relating to signs shall be defined as follows: “Abandoned sign” means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises’ present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies. 472 281 “Accessory sign” means a sign whose copy refers to the products, facilities or services available on the premises. “Advertising statuary” means an imitation or representation of a person or thing which is sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service. “Advertising vehicles” means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. “Animated sign” means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. “Attraction board” means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services or coming events on the premises. “Banner” means a temporary sign made of light-weight fabric, plastic, or similar material hung either with or without frames. “Billboard” means an off-premises sign with changing advertising copy or other changing copy. “Building-mounted sign” means a sign affixed to a building, painted directly on a wall or erected against the wall of a building. Building-mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs and under-canopy signs. “Bulletin board” means a board, kiosk or wall area on which are affixed personal notices, lost-and-found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term “bulletin board” shall not include business identification signs or attraction boards. “Business” means a commercial, office, institutional or industrial establishment. “Canopy” means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. “Construction sign” or “future facility construction sign” means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. “Copy” or “sign copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. “Development” means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or 473 282 extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. “Directional sign” means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: “one-way,” “entrance,” “exit,” “parking in rear,” “15 miles per hour,” “no left turn.”) “Director” or “planning director” means the planning director for the city of La Quinta or the director’s authorized agent or representative. “Electronic message board sign” means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays. “Exempt sign” means a sign which is designated in this code as not subject to certain regulations. “Face of building wall” means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. “Fascia” means a parapet-type wall used as part of the fascia of a flat-roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building. “Flag” means a visual display device without copy, made of flexible material, usually cloth, paper or plastic. “Flashing sign” means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. “Freestanding sign” means a sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs. “Garage sale sign” (i.e., yard sales, moving sales, patio sales) means a sign used to announce sale of a used item or items. “Identification sign” or “ID sign” means a sign whose copy is limited to the name and address of a building, business, office, establishment, person or activity. “Illumination” means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this chapter: 1. “Direct illumination” means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. “Indirect illumination” means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining 474 283 rearward onto the face to form a lighted “halo” around the copy (e.g., “reverse channel” letters). “Landscaping” means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. “Logo” means a trademark or symbol of an organization. “Mansard roof sign” means any sign attached to or supported by a mansard roof. A “mansard roof” is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. “Monument sign” means a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by poles. “Multiple-building complex” means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-building complex may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple- tenant commercial use of a single structure or structures in multiple buildings. “Multiple-tenant (commercial) building” means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction and multiple-occupant commercial use of a single structure. “Neon sign” means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. “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. “On-premises sign” means a sign referring to a person, establishment, merchandise, service, event or entertainment which is located, sold, produced, manufactured, provided or furnished on the premises where the sign is located. “Parapet wall” means a wall extending above the roof plane of the building. “Permanent sign” means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this chapter. “Political campaign sign” or “political sign” means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. 475 284 “Portable sign” or “mobile sign” means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs.) “Projecting sign” means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces or secondary supports are visible. “Private property” means any property other than public property. “Public property” means any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, streetlamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park or other publicly owned property or structure. “Public service message center sign” means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. “Real estate sign” means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. “Roof sign” means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. “Seasonal sales sign” means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. “Sign” means any medium for visual communication, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background, which is used or intended to be used to attract attention to, identify or advertise an establishment, product, service, activity or location, or to provide information. “Sign area” means the following: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be 476 285 considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double-Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is twenty square feet, a double-faced sign may have an area of twenty square feet per face. 5. Three-Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is twenty square feet, the maximum allowable area for each face is only five square feet. 6. Separated-Panel Signs. The sign area of open or separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. “Sign face” means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. “Sign height,” “height of sign,” or “height” means the following: 1. For building-mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For freestanding signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the director determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. “Sign permit” means an entitlement from the city to place or erect a sign. “Sign program” means the method of review and approval of signs by one of the following two procedures: 1. Standard Sign Application. The review and approval of standard sign applications is conducted by the planning director consistent with the regulations and standards as identified for various signs in this chapter. 2. Planned Sign Program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The planning commission may exercise discretion to provide additional flexibility in the application of the regulations of this chapter. “Sign structure” means the structural supports, uprights and bracing for a sign. “Special event sign” means a sign used to announce a circus, carnival, festivals or other similar events. “Subdivision sign” means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a 477 286 properly approved and recorded map and in which homes remain to be constructed or initially sold. “Under-canopy sign” means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling or marquee. “Wall sign” means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. “Window sign” means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. (Ord. 506 § 1, 2013; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.170 WIRELESS TELECOMMUNICATION FACILITIES 9.170.010 Purpose. The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of wireless telecommunication facilities. The regulations contained herein are intended to protect and promote public health, safety, and welfare and the aesthetic quality of the city while providing reasonable opportunities for telecommunication services to provide such services in a safe, effective and efficient manner. These regulations are intended to address the following community concerns: A. To minimize adverse visual effects of towers and accessory buildings associated with wireless telecommunication facilities through careful design, siting and vegetative screening; B. To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; C. To lessen traffic impacts on surrounding residential districts; D. To maximize use of any new and existing telecommunication tower and to reduce the number of towers needed; E. To ensure radio frequency radiation is in compliance with federal requirements; and F. To allow new telecommunication towers in residential areas only if a comparable site is not available outside residential areas. (Ord. 492 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996) 9.170.020 Definitions. “Antenna” means any system of wires, poles, rods, panels, reflecting discs or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure. 478 287 “Building-mounted” means any antenna, or other antenna associated support equipment resting on the ground, directly attached or affixed to the side of a building, tank, tower or other structure other than a telecommunication tower. “Co-location” means the placement of two or more wireless telecommunication facilities service providers sharing one support structure or building for the location of their facilities. “Existing facilities” means an existing structure located in the public right-of-way or a building with an approved site development permit and/or an existing telecommunication facility with a previously approved conditional use permit. “FAA” means the Federal Aviation Administration. “FCC” means the Federal Communication Commission. “FCC OET Bulletin 65” refers to the Federal Communication Commission Office of Engineering and Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields.” “Freestanding towers” include all telecommunication towers used in association with the mounting and/or placement of antenna and associated equipment. “General population” means all persons who are not direct family members, relatives, or employees of the owner or operator of a source of NIER of the owner or other users of the site of an NIER source. “Ground-mounted” means an antenna or other antenna associated support equipment with its support structure placed directly on the ground. “Hand-held source” means a transmitter normally operated while being held in the hands of the user. “Height of antenna above grade or ground” means the vertical distance between the highest point of the antenna and the finished grade directly below this point. “Highest calculated NIER level” means the NIER predicted to be highest with all sources of NIER operating. “Lattice tower” means a three or more legged open structure designed and erected to support wireless telecommunication antennas and connecting appurtenances. “Monopole” means a single pole structure designed and erected to support wireless telecommunication antennas and connecting appurtenances. “Roof-mounted” means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunication tower “Satellite dish” means any device incorporating a reflective surface that is solid, open mesh or bar configuration, that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern. “Shared capacity” means that capacity for shared use whereby a tower can accommodate multiple users simultaneously. Tower height, antenna weight, design and the effects of wind are prime determinants of capacity. “Sole-source emitter” means one or more transmitters only one of which normally transmits at a given instant. “Stealth” means improvements or treatments added to a wireless telecommunication facility which mask or blend the proposed facility into the existing structure or visible backdrop in such a manner as to minimize its visual impacts, or any design of a wireless telecommunication facility to achieve same. Stealth designs may utilize, but 479 288 does not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the design and construction of a tower so that it is disguised as a flagpole, tree, palm or sculpture, or the incorporation of colors and design features of nearby structures. “Telecommunication tower” means a monopole or lattice tower. “Wireless telecommunication facility or facilities” means any structure, antenna, pole, equipment and related improvements, the primary purpose of which is to support the transmission and/or reception of electromagnetic signals, including, but not limited to, telecommunication towers. “Vehicle source” means a transmitter regularly used in vehicles that normally move about. (Ord. 492 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996) 9.170.030 Permitted locations. Location Preferences. Location preferences are provided in furtherance of the purpose of this chapter, as set forth under Section 9.170.010. To the maximum extent feasible, new telecommunication facilities shall be located according to the following preferences, with the most preferred sites listed first: A. Major community facilities (MC), parks and recreation (PR), and industrial (I) zoning districts; B. All Commercial zoning districts; C. Very-low density (VRL), residential low density (RL), medium density residential (RM), and medium high density residential (RMH) zoning districts; D. High density residential (RH); and E. Open space (OS) and floodplain (FP) zoning districts. (Ord. 492 § 1, 2011) 9.170.040 Applicability. This chapter shall apply to all wireless telecommunication facilities for the transmission and/or reception of wireless radio, television, and other telecommunication signals including, but not limited to, commercial wireless communication systems such as cellular and paging systems, except those facilities defined in this chapter as exempt facilities. (Ord. 492 § 1, 2011) 9.170.050 Exemption. The following uses are exempt from this chapter but may be regulated by other sections of the municipal code: A. Portable hand-held devices and vehicular transmission; B. Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the FCC; C. Government-owned communication facilities used primarily to protect health, safety and welfare; 480 289 D. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services; E. A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less; F. A sole-source emitter with an average output of one kilowatt or less if used for amateur purposes, such as CB radios; G. Goods in storage or shipment or on display for sale, provided the goods are not operated except for occasional testing or demonstrations; H. Amateur or “ham” radio equipment; I. Satellite receiving dishes regulated by Sections 9.60.080 and 9.100.070; and J. Any facility specifically exempted under federal or state law. (Ord. 492 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996) 9.170.060 Approval standards. A. General approval standards for all telecommunication facilities include: 1. Compliance with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements; 2. Addition of the planned equipment to an existing or approved tower shall not result in NIER levels in excess of those permitted by the FCC; 3. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. B. Telecommunication Tower Provisions. 1. All towers shall incorporate stealth/camouflaged design(s) to the maximum extent feasible, to avoid adverse visual impacts to the surrounding properties and the community as a whole. 2. The base of the tower shall comply with the setback standards in the underlying zoning district, except where additional setbacks under subsection (B)(7) apply. 3. Towers shall not be located within primary image corridors as designated in the general plan. 4. If a telecommunication tower is located adjacent to any of the city’s designated image corridors, as identified in the city’s general plan, the tower’s height shall conform to the height limitations as identified in the city’s general plan. 5. All new towers shall be designed at the minimum height functionally required. No new telecommunication tower shall exceed one hundred feet in height. 6. The proposed tower shall be designed structurally to accommodate the maximum number of foreseeable users, including all potential co- location scenarios. 7. All accessory structures associated with a tower shall comply with the setback standards in the underlying zoning district. 481 290 8. Any guy-wire anchors shall be set back twenty-five feet from any property lines. 9. Towers shall not be artificially lighted unless required by the FAA or state aeronautics division. 10. Existing on-site vegetation shall be preserved to the maximum extent feasible. C. Roof-Mounted and Building-Mounted Telecommunication Facilities. 1. All building-mounted facilities shall comply with Section 9.100.050 of the LQMC. 2. Equipment shall not be visible to surrounding properties. 3. All equipment shall blend or architecturally match the existing design of the building. Elements used to screen roof-mounted or building- mounted equipment shall not appear as “add-on” elements to the existing building. D. Other Facilities. Other facilities are described as those telecommunication facilities that do not fit the descriptions above. These facilities may include, but are not limited to, rock features and other wireless telecommunication facility designs. All telecommunication facilities shall be stealth to the maximum extent feasible. (Ord. 492 § 1, 2011) 9.170.070 Application. All new telecommunication facilities shall require a conditional use permit. Modifications and/or additions to approved existing telecommunication facilities shall require a minor use permit for planning directorDirector approval. All modifications and/or additions shall be reviewed on a case-by-case basis. Upon review of an application for modification and/or additions to an existing facility, the planning directorDirector may schedule the proposal for a hearing with the planning commission. In all cases, unless otherwise waived by the planning directorDirector, an application for approval of a wireless telecommunication facility shall include, at a minimum: A. A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy wires; existing and proposed facilities; vehicular parking and access; existing vegetation to be added, retained, removed or replaced; and uses, structures and land use and zoning designations on the site and abutting parcels. B. A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features. C. Photo simulations showing the proposed wireless telecommunication facility and surrounding features. Photo simulations shall include at least three different angles of the proposed facility at different distances from the location, including before and after visualizations. D. RF maps showing all existing wireless telecommunication facilities within a ten-mile radius of the proposed facility. The RF maps shall show existing coverage without the proposed site, predicted coverage with the proposed 482 291 site and existing sites, and the predicted coverage of only the proposed site. RF maps shall show the predicted coverage for indoor, in vehicle, and outside service. E. The applicant shall provide a project information and justification letter. The letter shall provide the project location, contact information, a project description and project objectives, alternative site analysis and justification for why the proposed site was chosen over existing sites. The letter shall include justification for the selected site and a benefits summary on how the proposed site will improve wireless telecommunication access in the community. F. A structural report from a California registered structural engineer. The report shall provide the following information: 1. Describe the tower and the technical, economic and other reasons for the tower design; 2. Demonstrate that the tower complies with the applicable structural standards; 3. Describe the capacity of the tower, including the number and type of antennas that it can accommodate and the basis for the calculation of capacity; 4. Show that the tower complies with the capacity requested under Section 9.170.060; and 5. Demonstrate that the proposed sources of NIER are incompliance with FCC guidelines. G. The applicant shall request the FAA, FCC, and state aeronautics division to provide a written statement that the proposed tower complies with applicable regulations administered by that agency or that the tower is exempt from those regulations. If each applicable agency does not provide a requested statement after the applicant makes a timely, good-faith effort to obtain it, the application will be accepted for processing. The applicant shall send any subsequently received agency statements to the planning directorDirector. H. Evidence that the tower complies with Section 9.170.060(A) and a letter of intent to lease excess space on the tower and excess land on the tower site except to the extent reduced capacity is required under Section 9.170.060. I. The applicant shall provide a draft copy of the lease agreement between the tower operator and the property owner to the planning departmentPlanning Division. Financial information may be blocked out. J. A letter of intent, committing the tower owner and his or her successor in interest to: 1. Respond in a timely, comprehensive manner to any request, required under Section 9.170.060, for information from a potential shared-use applicant, the tower owner may charge a party requesting information under this section to pay a reasonable fee not in excess of the actual cost of preparing a response. 483 292 2. Negotiate in good-faith or shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 3. Allow shared use if an applicant agrees in writing to pay charges and to comply with conditions described in this section. (Ord. 492 § 1, 2011) 9.170.080 Operations and maintenance. A. All new telecommunication towers shall be designed within the applicable American National Standards Institutes (ANSI) standards. B. No wireless telecommunication facility or combination of facilities shall produce, at any time, power densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. C. Each telecommunication facility will be subject to a ten-year review by the planning commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are still in compliance with the conditions of approval, and that all radio frequencies are in compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer. D. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the city’s noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and this section. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site. E. All wireless telecommunication facilities and related support equipment shall be designed to prevent unauthorized persons from accessing and/or climbing upon any wireless telecommunication facility or appurture thereto. Fences, walls, and other landscape materials shall be installed to prevent unauthorized persons from accessing and/or climbing a wireless telecommunication facility. F. All wireless telecommunication facility operators are required to notify the city of La Quinta’s planning departmentPlanning Division within sixty days of any change of ownership of the facility. (Ord. 492 § 1, 2011) 484 293 9.170.090 Required findings of approval. The following findings shall be made by the planning commission and/or planning directorDirector prior to approval of any wireless telecommunication facility: A. Consistency with General Plan. The wireless telecommunication facility is consistent with the goals, objectives and policies of the general plan; B. Public Welfare. Approval of the wireless telecommunication facility will not create conditions materially detrimental to the public health, safety and general welfare; C. The proposed wireless telecommunication facility minimizes adverse visual impacts through careful design and site placement; D. The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provides objectives for coverage within this portion of the community; E. The proposed wireless telecommunication facility is necessary, as shown in the applicant’s justification letter, to improve community access to wireless service. (Ord. 492 § 1, 2011) Chapter 9.180 TRANSPORTATION DEMAND MANAGEMENT 9.180.010 Purpose. This chapter is intended to protect the public health, safety and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. This chapter meets the requirements of Government Code Section 65089(b)(3), which requires inclusion of a trip reduction and travel demand element within a congestion management program (CMP) and Government Code Section 65089.3(a), which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies. No building permit application for any applicable development project shall be accepted, nor shall a building permit be issued by the city unless and until a TDM plan has been approved or an exemption granted pursuant to this chapter. (Ord. 284 § 1 (Exh. A), 1996) 9.180.020 Definitions. For purposes of this chapter, definitions of the following terms shall apply: “Alternative transportation modes” mean any mode of travel that serves as an alternative to the single- occupant vehicle. This includes all forms of ride-sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking. “Applicable development” means any new development project or change of use project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold, and may have one or more employers. 485 294 “Bicycle facilities” mean any capital improvements which would benefit an employee who rides a bicycle to his or her worksite, including shower facilities, locker facilities, bicycle parking, etc. “Change of use” means the alteration of the initial use of a facility to another use not related to the previous use, after the effective date of the ordinance codified in this chapter, where some discretionary action or approval by the city council and/or the planning commission is required. (Example: office space changes its use to commercial space.) “Developer” means the person or entity which is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner. “Employee” means any person employed by an “employer” as defined in this section. “Employer” means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred or more persons at a single worksite within the city, and may either be a property owner or tenant of an applicable development project. “Employment generation factors” refers to factors developed for use by the city for projecting the potential employment of any proposed development project. “Employment threshold” means the number of employees which an applicable development or employer must have for this chapter to apply. “Minimum standards” mean the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter. “Mixed-use development” means new development projects that combine two or more different uses. “New development project” means any nonresidential project being processed where some discretionary action or approval by the city council and/or the planning commission is required. “Peak period” means those hours of the business day between seven a.m. and nine a.m. inclusive, Monday through Friday, which this chapter identifies as the priority period for reducing work related vehicle trips. “Property owner” means the legal owner of the applicable development and/or the owner’s designee (e.g., developer). “Ride-share facilities” mean any capital improvements which would benefit an employee who rideshares to the worksite, including on-site amenities, preferential parking and ridesharing drop-off areas at the entrance of the concern. “Site development plan/permit” means a precise plan of development that may be subject to public hearing before the city council and/or planning commission including without limitation a specific plan, conditional use permit public use permit or subdivision map. “Transit facilities” mean any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities. “Transportation management association” or “TMA” means a voluntary entity of employers, property owners and other interested parties who share a mutual concern 486 295 for local transportation problems and have the ability to collectively pool participants’ resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this chapter. “Transportation demand management” or “TDM” means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single- occupant vehicle such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak periods. “Worksite” means a building or grouping of buildings located within the city which are in physical contact or separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control). (Ord. 284 § 1 (Exh. A), 1996) 9.180.030 Applicability. A. This chapter shall apply to all new nonresidential development projects and/or change of use projects that are estimated to employ a total of one hundred or more persons as determined by the methodology outlined in subsection B of this section. B. For purposes of determining whether a new development project or change of use project is subject to this chapter, the total employment figure shall be determined as follows: 1. Employment projections developed by the project applicant, subject to approval by the planning directorDirector; or 2. Employment projections developed by the planning directorDirector or the director’s designee using the following employee-generation factors by type of use: Land Use Category Gross Square Feet Per Employee Retail/commercial 500 Office/professional 250 Industrial/manufacturing 525 Hotel/motel .8 to 1.2 employees/room Hospital 300 C. The employment projection for a development of mixed use or multiple uses shall be calculated based upon the proportion of development devoted to each type of use. (Ord. 284 § 1 (Exh. A), 1996) 487 296 9.180.040 Exemptions Notwithstanding any other provisions, the following uses and activities shall be exempt from this chapter: A. Development projects and change of use projects projected per Section 9.180.030 to employ fewer than one hundred persons; B. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers; C. Other temporary activities, as defined in this code or as authorized by the city when such temporary activities shall discontinue at the end of the designated time period; and D. Any employer(s) who have submitted to the city an active approved plan under the South Coast Air Quality Management District’s (SCAQMD) Regulation XV program requirements (Regulation XV). Notwithstanding this provision, projects which are exempt under this subsection shall nevertheless comply with Section 9.180.110 (SCAQMD Compliance). (Ord. 284 § 1 (Exh. A), 1996) 9.180.050 Minimum standards. A. All applicable new developments and change of use projects shall, concurrent with application to the city for other permits and/or approvals, submit a transportation demand management plan (“TDM plan”) prepared by a traffic engineer, transportation planner or other similarly qualified professional identifying traffic impacts associated with the proposed project and including design recommendations and mitigation measures appropriate to address on-site and off-site project impacts. The TDM plan shall be in the form required by SCAQMD Regulation XV, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan shall also indicate specific strategies and guidelines to reduce the number of trips and increase the amount of nonvehicular transportation. B. All property owners of applicable new developments and change of use projects shall be subject to required capital improvement standards as specified in this section. These standards must be individually addressed to the specific needs and capacity of the applicable development. These required standards may be used to achieve an average vehicle occupancy rate (VOR) of 1.3. Property owners of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements: 1. Transit facilities (on-site and off-site); 2. Bicycle facilities; and 3. Rideshare facilities. C. All property owners of applicable new developments and change of use developments shall establish “operational standards” within sixty days after 488 297 occupancy of the development by an employer. Operational standards shall consist of standards which employers, TMAs or a managing office of an applicable development must implement to achieve the goals of SCAQMD’s Regulation XV program. D. The following options may be included in the property owner’s TDM plan to fulfill both the capital improvement standards and the operational standards: 1. Alternate work schedules/flex-time: incorporating alternate work schedules and flex-time programs (such as a nine-day/eight-hour or four-day/forty-hour work schedule); 2. Telecommuting: establishing telecommuting or work-at-home programs to allow employees to work at home or at a satellite work center; 3. Bicycle facilities: providing bicycle parking facilities equal to five percent of the total required automobile parking spaces; and preserve two percent of the gross floor area for employee locker and shower facilities; 4. On-site employee housing and shuttles: providing affordable on-site housing and shuttles to and from residential and work areas; 5. Preferential parking for carpool vehicles; 6. Information center for transportation alternatives; 7. Rideshare vehicle loading areas; 8. Vanpool vehicle accessibility; 9. Bus stop improvements; 10. On-site child carechild daycare facilities; 11. Availability of electrical outlets for recharging of electric vehicles; 12. On-site amenities such as cafeterias and restaurants, automated teller machines and other services that would eliminate the need for additional trips; 13. Airport shuttle service to hotels and spas; 14. Contributions to funds providing regional facilities such as park-and-ride lots, multimodal transportation centers and transit alternatives in the area; 15. Incentives for mass transit usage including, without limitation, provision of a bus pass, additional pay or flex-time; 16. Implementation of increased parking fees or new fees; 17. Restriction of business hours; 18. Restriction of delivery hours; 19. Providing a direct pedestrian path from the closest transit stop into the facility; 20. Contributing up to one dollar/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites; 21. Developing rideshare and shuttle programs at resorts/hotels; 22. Creating a golf cart circulation system; 23. If an applicable development is on a current transit route, providing a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts; 489 298 24. If an applicable development is not located on a current transit route, contributing to a fund which will be used to provide transit amenities; 25. Provisions for the implementation of bicycle lanes; and 26. Providing other creative or innovative strategies to reduce vehicle trips. (Ord. 284 § 1 (Exh. A), 1996) 9.180.060 TDM application. A. Every application for a TDM plan approval shall be made in writing to the planning directorDirector on the forms provided by the planning departmentPlanning Division, shall be accompanied by a filing fee as set forth in Chapter 9.260 and shall include the following information: 1. Name and address of the applicant; 2. The proposed TDM plan; 3. Such additional information as shall be required by the application form. B. The planning directorDirector or the director’s designee shall inform the applicant within thirty days of receipt of the application whether the application is complete. When the application is complete, the director shall take one of the following actions: 1. If the TDM plan is submitted in conjunction with application(s) for zone change, general plan amendment, site development plan(s)/permit(s), submit the TDM plan to the planning commission for its approval if associated with another development application; or 2. If subsection (B)(1) of this section does not apply, the planning directorDirector shall render a decision on the TDM plan in accordance with Section 9.180.070. (Ord. 284 § 1 (Exh. A), 1996) 9.180.070 TDM review. A. All applications for approval of TDM plans shall be approved, conditionally approved or disapproved by action of the planning directorDirector or planning commission, whichever is applicable, based upon the standards set forth in this chapter, within thirty days after the application is found to be complete. A public hearing shall not be required for any TDM plan application unless it accompanies another permit application(s) which requires such a hearing. In this instance, the applicable time limits governing the requested approvals shall be in effect. B. The following findings must be made when a TDM plan is approved: 1. The TDM plan conforms to all of the requirements of this chapter, the city’s general plan, applicable specific plans, and with all applicable requirements of state law and the ordinances of this city. 2. The TDM plan is reasonably calculated to provide a vehicle occupancy rate of 1.3 for the applicable development. (Ord. 284 § 1 (Exh. A), 1996) 490 299 9.180.080 Appeals. A. Director as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the planning directorDirector to the planning commission. Within fifteen calendar days after the date of mailing of the director’s decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the planning departmentPlanning Division. Upon receipt of a completed appeal, the director shall set the matter for hearing before the planning commission not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The planning commission shall render its decision within thirty days following the close of the hearing on the appeal. B. Planning Commission as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the planning commission to the city council. Within fifteen calendar days after the date of mailing of the planning commission’s decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the planning department. Upon receipt of a completed appeal, the city clerk shall set the matter for hearing before the city council not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The city council shall render its decision within thirty days following the close of the hearing on the appeal. (Ord. 284 § 1 (Exh. A), 1996) 9.180.090 Review for compliance. A. Planning directorDirector (or designee) shall review an approved TDM plan for compliance with this chapter if any complaints of noncompliance are received by the city. In addition, the planning directorDirector shall annually review each of the currently outstanding approved TDM plans for compliance with this chapter. After review of an approved TDM plan, the planning directorDirector may require revision or resubmittal of the plan upon his or her finding that one or more of the following conditions exist: 1. The property owner is not complying with the TDM plan or the terms and/or approval conditions of the TDM plan; 2. The TDM plan has failed to comply with SCAQMD requirements and the goals of this chapter to the level required by the TDM plan or its approval conditions; or 3. Approval of the TDM plan was obtained by fraud or perjured testimony. B. In the event that the planning directorDirector determines that a TDM plan must be resubmitted, the plan shall be resubmitted in accordance with the procedures outlined in this chapter as a new submittal and the applicant shall pay the specified fee for submittal. (Ord. 284 § 1 (Exh. A), 1996) 491 300 9.180.100 Enforcement and penalties. For purposes of ensuring that applicable developments comply with the provisions of this chapter, the planning directorDirector shall, following written notice to the property owner of an applicable development, initiate enforcement action or actions against such property owner or designee which may include, without limitation, the following: A. Withholding issuance of a building permit or occupancy permit; B. Issuance of a stop work order; and/or C. Any enforcement methods authorized by the municipal code. (Ord. 284 § 1 (Exh. A), 1996) 9.180.110 SCAQMD compliance. Each property owner who has received approval of a TDM plan or who is exempt pursuant to Section 9.180.040D shall submit to the planning departmentPlanning Division for review copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and other correspondence from SCAQMD regarding Regulation XV conformance. The planning directorDirector shall cooperate with the SCAQMD in enforcement actions initiated either by SCAQMD or the city. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.185 RECREATIONAL VEHICLE PARK 9.185.010 Purpose and intent. These regulations are intended to provide for development of recreational vehicle rental parks and ownership/membership parks in a manner which will be compatible with surrounding properties. This chapter is to define various types of recreational vehicle parks and recreational vehicle campgrounds, and to provide for their prope r development, as opposed to mobilehome parks, and to provide a reasonable compatibility with adjoining properties while allowing a diversity of uses. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.020 Definitions. For the purposes of this section, the following definitions shall apply: “Recreational vehicle” means, as defined by Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, which meets all of the following criteria: 1. It contains less than three hundred twenty square feet of internal living room area, excluding sliders, and built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; 492 301 2. It is built on a single chassis; 3. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit; 4. It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as may be changed by the regulations of the state Department of Housing and Community Development. “Recreational vehicle park” means a recreational development containing active recreational amenities and lots for the parking of recreational vehicles, as temporary residences. For the purpose of this code, recreational vehicle parks are further defined as either: 1. Rental parks, where the recreational vehicle park is owned by a single owner or organization and all recreational vehicle lots are rented or leased for a period not exceeding two hundred ten days in any one year; 2. Ownership/membership parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a homeowner association or other organization in which all recreational vehicle owners must maintain membership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members, provided in any circumstances the lots are not occupied for a period exceeding two hundred ten days in any one year. “Recreational vehicle lot” means that part of a recreational vehicle park for the exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive adjoining parking space and the required open space around the recreational vehicle. An RV lot may be rented, leased or, if permitted herein, purchased as a separate parcel of land. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.030 Permitted zone districts. A recreational vehicle park is permitted in the CR and CT districts by an approved conditional use permit. Such a use is not permitted in any other district. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.040 Applicability. The following uses are permitted in all parks subject to the provisions of this chapter: A. Placement of recreational vehicles for nonpermanent residency. Note per city definition a recreational vehicle does not include mobilehomes; B. Permanent residency for manager or other employees in the operation of the park in a detached single-family residence; C. Delicatessen, RV accessories, snack bar and food store, provided this use is fully contained in a social or recreation center at least one hundred feet 493 302 from any property line of the recreational vehicle park, and serving only park guests; D. Similar uses: The planning commission may, by the conditional use permit approval process, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in this code. All uses shall be subject to the property development standards contained herein. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.050 Occupancy. A. Rental parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed two hundred ten days in any one year. B. Ownership/membership parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed two hundred ten days in any one year. C. As to subsections A and B of this section, the limitation upon total number of days of occupancy shall apply to any particular recreational vehicle or park trailer, wherever it may be located within the recreational vehicle park. No single recreational vehicle or park trailer shall be permitted to be occupied more than the specified number of days in any one recreational vehicle park in any one year. If the length of occupancy does not exceed thirty days, transient occupancy tax will be required in accordance with Chapter 3.24. D. “Year” for the purpose of this section shall include any period of three hundred sixty-five consecutive days. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.060 Prohibited uses. A. Permanent Residency. Except for park management and maintenance personnel, there shall be no permanent residency in a recreational vehicle park, nor shall any recreational vehicle or park trailer be occupied in any such park by any person or combination or succession of persons totaling more than the number of days specified for that type of park in Section 9.185.050. B. Nonresidential Uses. Except as otherwise expressly provided herein, no part of the park shall be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicl e park. C. Propane. The on-site sale of propane is prohibited, except from a mobile commercially-licensed vendor. (Ord. 325 § 1 (Exh. A) (part), 1998) 494 303 9.185.070 Accessory structures. A. General. The following structures and their uses are permitted in all recreational vehicle parks: 1. One single-family residence for the owner or manager of a recreational vehicle park. The minimum lot area requirement for this residence shall be six thousand square feet. The residence may include office space for use in connection with the park operation; 2. Social and recreational center, provided such center is at least one hundred feet from any property line of the recreational vehicle park; 3. Private recreation facilities for the use of the occupants of the park and their guests, such as swimming pool, putting greens and shuffleboard courts; 4. Common laundry facilities provided there is no dry cleaning equipment or outdoor laundry drying; 5. Common shower, bath, and locker room facilities. Not permitted on recreational vehicle lot as separate structure; 6. Structures to assist the handicapped. B. Rental parks: No additional accessory structures permitted. C. Ownership/membership parks: Storage structures provided that: 1. The storage structure does not exceed dimensions of ten feet in width, nine feet in depth and seven feet in height; 2. The storage structures within a given park are similar in design, style, quality and building materials to other such structures or approved theme designs in the park; 3. The storage structures are located within the rear half of the RV lot; 4. There is a maximum of one storage structure per recreational vehicle lot. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.080 Prohibited accessory structures. The following structures are prohibited within all recreational vehicle lots: A. Any enclosed habitable buildings; B. Garages and carports; C. Fences; D. Curbing for landscape areas and other decorative curbing or containers greater than six inches in height; E. Freestanding individual mailboxes. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.090 Coverage. The maximum coverage shall be sixty percent for a recreational vehicle lot. For the purpose of this section, coverage shall include the area of the recreational vehicle, patio cover, and storage shed. (Ord. 325 § 1 (Exh. A) (part), 1998) 495 304 9.185.100 Density. The maximum net density in the various permitted recreational vehicle parks is as follows: A. Rental Parks. The number of recreation vehicle lots shall not exceed fifteen per acre. B. Ownership/Membership Parks. The number of recreational vehicle lots shall not exceed twelve per acre. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.110 Area of parks and lots. A. Park Area. Each recreational vehicle park shall have a minimum of ten acres measured from the property lines of the park. B. Rental Park. Minimum area of recreational vehicle lot shall be two thousand square feet. C. Ownership/Membership Park. Minimum area of recreational vehicle lot shall be one thousand five hundred square feet. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.120 Frontage of parks and lots. A. Park Frontage. Each recreational vehicle park shall have a minimum frontage on a public street of three hundred feet. B. Lot Frontage. The frontage of a recreational vehicle lot shall be a minimum of forty feet on an interior roadway. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.130 Setbacks and yards. A. Setbacks for Park. Setbacks in which no recreational vehicle lot or structures are to be located. B. Setbacks. No recreational vehicle or structure may be placed within ten feet of a roadway, exterior side yard or rear lot line or within five feet of the interior side lot line. C. Separations. The minimum distance between any recreational vehicle or park trailer and any other recreational vehicle or park trailer shall be ten feet. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.140 Landscaping. A. Park Yards. All required yards within a recreational vehicle park shall be fully landscaped and irrigated. No required parking or vehicular maneuvering areas shall be permitted in required yards, except entry roads crossing through said yards. B. All common open areas except for natural areas shall be landscaped and irrigated. 496 305 C. Each recreational vehicle lot shall contain at least two hundred square feet of outdoor patio area containing at least one evergreen tree to provide a shade canopy. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.150 Common recreation area. A. Common recreation area shall be required for all recreational vehicle parks. The recreation area may contain social halls, swimming pools, game courts, open areas, etc. Open areas may be either designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of ten percent. Grades above ten percent shall be common area, but not counted as recreation area. The minimum amounts of common recreation area shall be provided as follows: 1. Rental parks: two hundred square feet per recreational vehicle lot; 2. Ownership/membership parks: three hundred square feet per recreational vehicle lot. B. The common recreation area shall be for the use of the entire park and shall not be partitioned in any manner for the sole use of any person or group of persons. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.160 Screening. Screening shall be provided as required in Section 9.100.0150. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.170 Lighting. Exterior lighting shall comply with provisions of Section 9.100.150. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.180 Improvement of lots. All recreational vehicle lots shall contain concrete cement paved areas for automobile parking, outdoor patio and for the parking of the recreational vehicle, provided that no more than seventy percent of each lot is covered with nonpermeable material. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.190 Automobile parking. Parking shall comply with provisions of Chapter 9.150. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.200 Driveways and roads. A. Driveways. Driveway to the park shall have a minimum width of thirty-two feet and have a clear and unobstructed access to a public street. The 497 306 driveway shall be at least one hundred feet in length from the street curb line and shall have no access to recreational vehicle lots or roadways. No vehicular parking shall be permitted within the driveway unless specifically designated for parking pursuant to city-approved plans. B. Roads. 1. Each recreational vehicle lot shall front on a road. No recreational vehicle lot shall take access from a public street, alley or driveways. 2. No vehicular parking shall be permitted within the road unless specifically designated for parking pursuant to city-approved plans. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.210 Outdoor storage. No construction or flammable material, or vehicle other than a recreational vehicle shall be stored within a recreational vehicle lot, road, or common areas except in special storage areas. Storage areas shall be screened by an opaque living hedge or masonry wall not less than five feet in height and shall be clearly designated on the approved plans. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.220 Trash removal. A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This plan must include the type of trash collection facilities; location, size and number of trash receptacles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible to animals. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.230 Utilities. A. Electrical Service. Only one power supply connection shall be made to a recreational vehicle. Electric power supply equipment shall be located on the rear half of the recreational vehicle lot. B. Water Service. Each lot shall be served by a domestic water supply system. C. Sewer Service. Recreational vehicle parks shall be connected to sanitary sewerage facilities. Each lot shall be serviced to the system by a three-inch riser with “P” trap and basin designed to prevent spillage from contaminating the ground area. D. Undergrounding. All utilities shall be underground. E. Fire Hydrants. Hydrants shall be installed as required by the city engineer. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.240 Movement of recreational vehicles. A. Wheels and/or similar devices shall not be removed from recreational vehicles, nor shall any fixture be added or barrier be placed which will 498 307 prevent the recreational vehicle or park trailer from being moved under its own power or by a passenger vehicle. B. Skirting is permitted provided it can easily be removed and there are proper openings for ventilation. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.250 Subdivision of lots. Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within ownership/membership recreational vehicle parks subject to all applicable codes. (Ord. 325 § 1 (Exh. A) (part), 1998) 9.185.260 Conflict s with zoning district requirements. Where the provisions of this chapter are in conflict with any other provision of the zoning code, the provisions of this chapter shall govern. Where the provisions of the chapter are silent on a matter, other provisions of the zoning code shall govern. (Ord. 325 § 1 (Exh. A) (part), 1998) Chapter 9.190 TRANSFER OF DEVELOPMENT RIGHTS 9.190.010 Purpose. A. All transfers of development rights or credits shall follow the definitions, procedures, timing, and documentation presented in this chapter, and shall observe the restrictions and guidelines presented in other enabling sections, such as Section 9.140.040 (Hillside conservation regulations), and others which may be from time to time adopted enabling transfers of development rights or credits. B. The purpose of this chapter is to provide the process by which development rights or credits may be transferred from donor parcels to receiving parcels such as in open space land use designations to enable it to be preserved as open space, and other purposes which may be adopted in other enabling legislation. Such transfers of development rights or credits may be within the same property, or may take place from one property to another by means of sale. C. Transfers shall take place under the guidance of the city and shall be documented by means of recordation. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.190.020 Definitions. For the purposes of this chapter and this code, certain words and terms shall be defined as follows: “Density bonuses” means transferred development rights or credits shall not be counted in the basis for density bonuses granted for providing for affordable housing. The order in which bonuses and transferred rights or credits are applied shall be as follows: 499 308 1. The base density ranges as per the general plan; 2. Density bonuses applied for providing affordable housing (up to thirty percent of the base density alone); 3. Density bonuses for good design or special amenities (up to ten percent of the base density alone); 4. Transferred densities added to the final figure of any density bonuses. Transferred densities shall not become a part of the base on which bonuses are figured; 5. In no case shall the sum of all density bonus and transferred densities (if all are maximized) exceed sixty percent of the base density in the general plan. “Development right” or “development credit” means a potential entitlement created by a land use designation and, by adoption of a zoning category, applying to a parcel of land, to construct one dwelling unit per a given number of square feet or per a given number of acres, which can only be exercised when the development right or credit has been transferred pursuant to the provisions of this chapter and the enabling section, from a donor parcel to a receiving parcel, and all other requirements of law are fulfilled. “Documentation” means the requirements for city approval, recordation and notice to the city of such recordation, following example language specified in Section 9.190.050. “Donor parcel” means a parcel from which all potential entitlements for residential development are transferred (by means of sale or transfer to another parcel) and thereby extinguished. A subdivision shall be required to separate developable from undevelopable portions of the parcel. “Enabling section” means a section of Title 9 of this code which creates and further specifies and limits the transfer of development rights or credits, such as Section 9.140.040 (Hillside Conservation Regulations). “Fractions” means development rights or credits may be transferred as a fraction carried to the second decimal place, rounded up or down to the second place following the rule of the third decimal being zero through four, rounded down; five through nine rounded up to the next digit in the second decimal place. When applied to the receiving parcel, the number of credits (carried to the second decimal place) will be spread across the acreage of the receiving parcel and will be translated into an increment of additional development entitlements carried to two decimal places per acre. “Receiving parcel” means a parcel to which potential entitlements for residential development are transferred, up to the limits of the enabling sections, and exist in addition to any potential entitlements created by general plan land use designation and density specification and in addition to any zoning which applies to the parcel. “Timing” means the time limits as specified in Section 9.190.040. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 500 309 9.190.030 Procedures. A. The enabling section shall specify by class the donor parcels and the receiving parcels, the number of residential development rights or credits which can be transferred per square footage or per acre; and the limits of development rights or credits which can be transferred to any one parcel B. The donor parcels, from which development rights are being removed must: 1. Remove all development rights or credits at the same time (residual development rights or credits cannot be left on the property); 2. Be mappable; according to the Subdivision Map Act requirements, i.e., a legal description and a total acreage will be required to be recorded. 3. Record a document which acknowledges that all development rights or credits for the described parcel have been extinguished and that no further residential development can occur on the parcel. C. The receiving parcel, to which development rights or credits are being transferred, must: 1. Be mappable; according to the Subdivision Map Act requirements, i.e., a legal description and a total acreage will be required to be recorded; 2. Record a document of affixture (or attachment) which has been attested to by the city clerk of the city, tying the transferred development rights or credits to a specific parcel, in perpetuity, following the sense of the example of language contained in Section 9.190.050. D. This document of transfer and affixture must be recorded. Evidence of the recordation must be supplied to the city clerk of the city within thirty days of the date of attestation by the city clerk. E. The city clerk shall only attest to a transfer of development rights or credits upon receipt of written authorization from the city manager. The city manager shall only authorize such transfer after receiving a report from the planning and development department containing a recommendation and a synopsis of the engineering report from the public works director. F. If a property consists of both undevelopable and developable portions, the applicant may apply for the subdivision of the parcel to allow transfer of rights from the undevelopable portion to the developable portion. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.190.040 Timing. A. A condition of approval of the development rights transfer shall specify the donor and receiving parcels subject to the transfer which shall be recorded no later than ninety days from the date of council approval. B. In the event that a parcel of hillside land (with development rights still attached) is granted, bequeathed, sold, transferred, given or otherwise becomes the property of a not-for-profit land trust, conservancy, or public agency, the receiving entity shall have an unlimited period from the date of receipt in which to dispose of the development rights by sale or other 501 310 means. When development rights are transferred to a specific receiving parcel, the ninety day time limit shall apply as in subsection A of this section. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.190.050 Documentation. A. There shall be recorded for the donor parcel a document having the sense of the following: 1. A legal description and a total acreage of the parcel or portion of the parcel. 2. The total number of development rights or credits being removed from the property. 3. An acknowledgment that no further residential development rights or credits shall accrue to the parcel in perpetuity. 4. The assessor's parcel number of the parcel to which the development rights or credits are being transferred. 5. An attestation by the city clerk of the city (dated). 6. The signature, name and address of the owner of the parcel. B. There shall be recorded for the receiving parcel a document having the sense of the following: 1. “In addition to the number of dwellings units on this parcel APN (legal description and total acreage attached as Exhibit A) which may be permitted by the City of La Quinta by virtue of the General Plan Land Use and Density Designations, this parcel shall be permitted (number) of additional dwelling units per acre which have been transferred to this parcel pursuant to Chapter 9.146 of the Municipal Code, Transfer of Development Rights.” 2. “These additional dwelling units are hereby affixed to this parcel APN and may not be further transferred, sold, traded, or otherwise removed from this parcel, except by the purchase by the City of La Quinta or other public agency authorized by the City.” 3. The assessor’s parcel number(s) of the donor parcel(s) from which the development rights or credits have been removed and transferred and affixed to this parcel. 4. The signature of the city clerk of the city affixed below attests to the legitimate transfer of these development rights to this property as described in Exhibit A, attached to the ordinance codified in this chapter and on file in the office of the city clerk. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.200 GENERAL PERMITTING PROCEDURES 9.200.010 Development review process. A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application. 502 311 B. Applicable State Law. It is intended that the provisions of this chapter shall be consistent and in full compliance with Section 65920 et seq., and other applicable sections of the State Government Code and that such provisions shall be so construed. C. Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. D. Application Filing. Applications shall be filed with the planning department on forms prescribed by the director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A), 1996) F. Projects located in the vicinity of an airport. Any project proposed on a site located within either the Land Use Plan or the noise contours of either the Bermuda Dunes or the Jacqueline Cochran airports shall be submitted to the Riverside County Airport Land Use Commission for review prior to review and approval by the City reviewing authority. 9.200.015 Preliminary Review. Any potential project applicant has the option to file a preliminary review (PR) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. This process offers the following advantages: 1. Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing; 2. Provides previous project background which can speed up the formal approval process when the project is submitted; 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project’s viability. Submittal for this process shall include completion of an application and supplemental documentation as determined by the Director. Within thirty calendar days of receipt of a preliminary development plan application, a review letter shall be issued to the applicant, incorporating all comments received during the review period. 503 312 9.200.020 Authority. A. Decision-Making Authority. Table 9-23, following, specifies the decision- making authority for each of the various actions described in this code. An “A,” “PH” or “CC” means that the official or body at the top of the column has decision-making authority for the application. An “A” means that the application is reviewed administratively without a public hearing. A “PH” means that a public hearing is required before action is taken. An “R(PH)” means that the pPlanning cCommission is responsible for holding a public hearing and forwarding a recommendation to the cCity cCouncil. A “CC” means that the cCity cCouncil is responsible for considering the site development permit as a consent calendar item. Table 9-23 Discretionary Review Authority PH = Decision-making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) CC = Decision-making body (City Council as consent calendar item) Type of Application Decision-Making Authority Staff Planning Commission City Council General plan amendment R(PH) PH Zoning code amendment R(PH) PH Zone change R(PH) PH Specific plan R(PH) PH Development agreement R(PH) PH Variance PH Conditional use permit PH Site development permit (not within scope of LQMC 9.210.010.D2) PH Site development permit*** A PH Minor use permit A* Minor adjustment A* Temporary use permit A* Home occupation permit A** Sign permit A* Sign program PH Subdivisions Per city subdivision code Substantial Compliance Review A* Environmental review Per city environmental review procedures * By Director ** By director of building and safety ***Subject to the provisions of 9.210.010. ****Also see Title 13, Subdivisions. 504 313 B. Administrative Action. Actions to be taken administratively per Table 9-23 preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. (Ord. 425 § 1, 2006: Ord. 284 § 1 (Exh. A), 1996) 9.200.030 Combined applications. At the discretion of the director, applications for different types of actions may be combined and processed concurrently so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications: A. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. B. The final decision on the combined application shall be made by the highest applicable decision-making authority pursuant to Table 9-23 preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the cCity cCouncil. C. The applicable fee(s) shall be collected in accordance with Chapter 9.260. (Ord. 284 § 1 (Exh. A), 1996) 9.200.040 General permit provisions. A. Applicability of Permits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. B. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this chapter shall have the same force and effect as this zoning code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this chapter, and the enforcement provisions of the municipal code shall be applicable. (Ord. 284 § 1 (Exh. A), 1996) 505 314 9.200.050 Permit applications. A. Acceptance of Applications as Complete. Within thirty days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. B. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the planning departmentPlanning Division sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed. (Ord. 284 § 1 (Exh. A), 1996) 9.200.060 Action by decision-making authority. A. Possible Actions. The decision-making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action’s effective date defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Approval with Conditions. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action’s effective date as defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision-making authority may specify that this time limitation shall not 506 315 apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. C. Effective Date. The determination of the decision-making authority by resolution shall be effective immediately unless appealed. Ordinances shall be effective 30 days after second reading unless adopted as an urgency or emergency ordinance as shall be effective as authorized under law. D. Tie Votes. 1. Development Review Applications. If action on a development review application results in a tie vote by the decision-making authority, such vote shall constitute a lost motion. 2. Appeals. When all members of a decision-making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision- making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision-making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision-making authority. E. Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decision-making authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in Chapter 9.210. (Ord. 284 § 1 (Exh. A), 1996) 9.200.070 Time limits on processing applications. A. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. B. Incomplete Application Sunset Provisions. All applications which remain incomplete or inactive for a minimum six-month period shall have a written thirty-day warning notification forwarded to the applicant by means of certified mail or similar method. If no action is taken by the applicant 507 316 regarding the application within thirty days thereafter, the application shall automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permits effective date as set forth in Section 9.200.060. The period of validity shall run pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. In circumstances where a certificate of occupancy is required, such certificate has been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. 2.3. If a project initiated construction but only a portion of the project was occupied, the construction of the project may resume without further discretionary review only if a building or use is operational. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision-making authority may grant an extension to the period of validity for up to two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). Development Review Permits can be extended no more than twice. 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time 508 317 the extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996) E. Amendments to development review permits. A.1. Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 new or additional land uses, or similar major changes. B.2. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.200.090 Modifications by applicant. A. Plan Modifications by Applicant. Site development permit plans modified at the initiative of the applicant from those approved by the decision-making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision-making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision-making authority. C. Criteria. Modifications by applicant shall permit minor changes to an existing or approved site development permit. The following criteria constitute minor changes that shall be deemed eligible for modification by applicant consideration: 1. Increases Changes in building square footage not to exceed ten percent from the original approval that have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking; 2. Changes, additions, or adjustments to windows, window locations, or window treatments; 3. Changes, substitutions, or adjustments to building materials, roofing materials, screening materials, lighting fixtures, or paving; 4. Changes, additions, or substitutions to approved landscaping, including site of grading plans; 509 318 5. Minor adjustments, substitutions, or additions to architectural features such as pilasters, canopies, trellises, shade structures, overhangs, eaves, parapets, cornices, or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building; 6. Changes, substitutions, or adjustments to the approved color palette or material colors. 7. Changes in residential model design. D. Ineligibility. Modifications by applicant which have been determined by the Director, pPlanning cCommission, or cCity cCouncil to exceed these standards or constitute a significant change shall require application and approval of an amended site development permit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) 9.200.100 Amendments to development review permits. C. Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 new or additional land uses, or similar major changes. D. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.200.110 Public hearings. A. Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65090 et seq., of the State Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to State Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision-making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with subsection D of this section and then held by the decision-making authority prior to action on the relevant application. At the public hearing, the decision-making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of 510 319 submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this section. D. Noticing Requirements. Not less than ten days prior to hearing. The city shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicants name, the location of the property affected, and a description of the land use, development or other action proposed, to: a. The owner of the subject real property, b. The owners authorized agent, if any, c. The project applicant, d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project, e. All owners of real property as shown on the last equalized assessment roll within five hundred feet of the subject real property. If the number of owners to whom notice would be mailed is greater than one thousand, the city may instead place a display advertisement of at least one-eighth page in a newspaper of general circulation; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the city and one place at the subject site. E. Additional Notice. The Director may require that additional notice be given by enlarging the notification radius or by other means determined by the director. F. Other Notice. The city shall also provide any other notice required by law. (Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.200.120 Appeals. For purposes of this section, the “board of appeals” shall be the pPlanning cCommission for decisions appealed to the pPlanning cCommission and shall be the cCity cCouncil for decisions appealed to the cCity cCouncil. A. Persons Who May Appeal. Any interested person may appeal a decision of the director or the Planning Commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee. B. Call-Up Review. The board of appeals (either the pPlanning cCommission or cCity cCouncil), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the director or 511 320 the pPlanning cCommission regarding the action taken on a development review permit application. The pPlanning cCommission’s or cCity cCouncil’s call-up review shall be processed in accordance with this section C. Appeal Procedures. 1. Time Limits for Filing Appeals. a. All appeals, except call-up reviews pursuant to Subdivision C, shall be filed with the director within fifteen calendar days of the date on which the decision being appealed was rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired. b. A request for call-up review pursuant to Subdivision C shall be initiated by a member of a board of appeals (either the pPlanning cCommission or cCity cCouncil) delivering written request for call-up review to the city manager or his/her designee within fifteen calendar days of the date on which the decision of the director or the pPlanning cCommission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or his/her designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or his/her designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the cCity cCouncil may initiate the call-up review process for a director’s decision on a development review permit, without the need for review of that decision by the pPlanning cCommission, in which case an appeal of the decision subject to call-up review may be considered directly by the cCity cCouncil if a majority of the membership of the cCity cCouncil vote to approve the consideration of the appeal pursuant to this section. 2. Required Documents. Each appeal, except for call-up reviews, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the pPlanning cCommission or cCity cCouncil the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such 512 321 other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the director shall forward to the pPlanning cCommission or cCity cCouncil all documents and information on file pertinent to the appeal together with the minutes or official action of the decision-making authority and a report on the basis of the decision. 4. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.110. 5. Issues to be Considered. The pPlanning cCommission or cCity cCouncil may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision-making authority took action. When reviewing a decision-making authority’s decision via its own call-up review, the pPlanning cCommission or cCity cCouncil may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than forty-five days after an appeal has been received and accepted by the director, the pPlanning cCommission or cCity cCouncil shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the pPlanning cCommission or cCity cCouncil may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision-making authority with directions. 7. Majority Vote. Action by the pPlanning cCommission or cCity cCouncil to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. (Ord. 284 § 1 (Exh. A), 1996) 513 322 9.200.130 Permit revocation. A. Grounds for Revocation. Any development review permit may be revoked by the decision-making authority or the cCity cCouncil pursuant to the provisions of this section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this code such as, but not limited to, those for sexually oriented businesses. B. Procedure. Prior to any action on revocation, the decision-making authority shall hold a public hearing noticed and held in accordance with Section 9.200.110, except that the permittee shall be given not less than fifteen days’ notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision-Making Authority. Following the hearing, the decision- making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision-making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision- making authority by any affected person. E. Appeal. Any action by the decision-making authority pursuant to this section may be appealed as set forth in Section 9.200.120. F. New Decision-Making Authority. If the decision-making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision-making authority as that term is used in this section. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.210 DEVELOPMENT REVIEW PERMITS 9.210.010 Site Development Permits. A. Terminology. For purposes of this code, site, architectural, lighting and preliminary landscape plans, related development plans, and sign programs are included within the term site development permit. B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including, but not 514 323 limited to, permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1. Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval. 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision-Making Authority. Site development permits shall be processed as follows: 1. The director shall be the decision making authority for the following projects: a. New office or commercial buildings no more than 10,000 square feet that are not part of an approved master commercial development or specific plan. b. New building construction or remodeling (single and multiple family residential, office, commercial and/or institutional) and landscape plans within an approved specific plan. c. New buildings on vacant pads within an approved commercial development. d. New single family models and landscaping plans in an approved tentative tract map. e. 2. The pPlanning cCommission shall be the decision making authority for the following projects: a. New office or commercial buildings of more than 10,000 square feet that are not part of an approved master commercial development or specific plan. b. New multi-family buildings and landscaping no part of an approved specific plan. c. New Mixed Use buildings and landscaping plans. E. Required Findings. The following findings shall be made by the decision- making authority prior to the approval of any site development permit: 7. Consistency with General Plan. The project is consistent with the general plan. 8. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 515 324 9. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 10. Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 11. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 12. Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. F. Appeals. Appeals to decisions on-site development permits shall be reviewed pursuant to Section 9.200.120. G. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080.E H. Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100. I. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. (Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.210 020 Conditional use permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. B. Definitions. See Chapter 9.280. C. Applicability. A conditional use permit or a minor use permit is required for all land uses identified in this code as requiring such permits. 516 325 D. Decision-Making Authority. Conditional use permits shall be reviewed by the pPlanning cCommission in conjunction with a public hearing held pursuant to Section 9.200.110. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision- making authority prior to the approval of a conditional use permit: 1. Consistency with General Plan. The land use is consistent with the general plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. J. The use permit may be modified or revoked by the cCity cCouncil, or pPlanning cCommission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. 9.210 025 Minor use permits A. Purpose. The purpose of a minor use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. B. Definitions. See Chapter 9.280. C. Applicability. A minor use permit is required for all land uses identified in this code as requiring such permits. D. Decision-Making Authority. Minor use permits shall be processed administratively by the Director pursuant to Section 9.200.020. 517 326 E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision- making authority prior to the approval of a minor use permit: 1. Consistency with General Plan. The land use is consistent with the general plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permitminor use permit shall be pursuant to Section 9.200.080. H.I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. 9.210.030 Variances. A. Purpose. The purpose of a variance is to provide for deviations from applicable standards of this zoning code such as the development standards set forth in Chapter 9.50 and 9.90. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. B. Applicability. A variance is required for any development which is not consistent with applicable site development standards or other regulations of this code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040. C. Decision-Making Authority. Variances shall be reviewed by the pPlanning cCommission in conjunction with a public hearing held pursuant to Section 9.200.110. D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Required Findings. The following findings shall be made by the decision- making authority prior to the approval of a variance: 518 327 1. Consistency with General Plan. The variance is consistent with the general plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the variance application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. 7. No Special Privileges. The variance's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. F. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. G. Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.080 H. Staff Certification of Construction Documents. If development is provided for under the variance, prior to issuance of a building permit the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. (Ord. 284 § 1 (Exh. A), 1996) 9.210.040 Minor adjustments. A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards set forth in this code. B. Definition. See Chapter 9.280. 519 328 C. Applicability. A minor adjustment permit may be approved only for deviations of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten-foot setback requirement); for an approved or proposed map; approved or proposed development permit review; single family home building permit. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Up to three adjustments per lot shall be allowed. D. Decision-Making Authority. Minor adjustments shall be reviewed administratively by the director pursuant to Section 9.200.020 unless combined with another application which requires discretionary review by the pPlanning cCommission or cCity cCouncil pursuant to Section 9.200.030 and 9.200.090.B. E. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. F. Precise Development Plan. Any development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. The following findings shall be made by the decision- making authority prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the general plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.120. I. Expiration and Time Extensions. The minor adjustment will expire at the same time as the primary building or planning permit. J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100. K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 520 329 9.210.050 Temporary use permits. A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability. A temporary use permit is required for temporary uses permitted under this code. C. Decision-Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020. D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Precise Development Plan. Any use or development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the standards findings set forth for such temporary uses in the applicable section of this code have been satisfied. (Ord. 284 § 1 (Exh. A), 1996) 9.210.060 Home occupation permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110. B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110. C. Decision-Making Authority. Home occupation permits shall be reviewed administratively by the director of building and safetyDirector pursuant to Section 9.60.110. D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the director of building and safety determines that the standards set forth in Section 9.60.110 for home 521 330 occupations have been or will be satisfied. These standards consist of the following: 1.G. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2.H. Only residents of the dwelling unit may be engaged in the home occupation. 3.I. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4.J. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5.K. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 6.L. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7.M. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8.N. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 9.O. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10.P. All conditions attached to the home occupation permit shall be fully complied with at all times. (Ord. 284 § 1 (Exh. A), 1996) 522 331 Chapter 9.220 ZONE CHANGES MAP AND CODE AMENDMENTS 9.220.010 Zone map changes and prezoning. A. Purpose. A zone map change is a legislative action by the cCity cCouncil to change the zone designation of a property or properties on the official zoning map. A prezoning is the zoning of property outside the citys boundaries in anticipation of annexation into the city. For purposes of this code, prezonings are included within the term “zone change.” B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The cCity cCouncil by a majority vote; 3. The pPlanning cCommission by a majority vote; or 4. The Director. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications or denied by ordinance of the cCity cCouncil after receipt of testimony at a public hearing held pursuant to Section 9.200.110. 2. Prior to cCity cCouncil review, the pPlanning cCommission shall hold a public hearing, review the application, and forward a recommendation to the council. 3. If the council contemplates a modification to the application not previously considered by the pPlanning cCommission, the proposed modification may be referred to the pPlanning cCommission for report back to council. A public hearing shall not be required for such pPlanning cCommission review. E. Required Findings. The following findings shall be made by the cCity cCouncil prior to approval of any zone map change: 1. Consistency with General Plan. The zone map change is consistent with the goals, objectives and policies of the general plan. 2. Public Welfare. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The new zoning is compatible with the zoning on adjacent properties. 4. Property Suitability. The new zoning is suitable and appropriate for the subject property. 5. Change in Circumstances. Approval of the zone map change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) 523 332 9.220.020 Zoning text amendments. A. Purpose. A zoning code amendment is a development review action by the cCity cCouncil to change the text and/or graphics within this zoning code. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by: 1. The cCity cCouncil; 2. The pPlanning cCommission by a majority vote; or 3. The Director; 4. An interested party. D. Review Procedures. Text amendments shall be reviewed under the same procedures as zone map changes as set forth in Section 9.220.010. E. Required Findings. The following findings shall be made by the cCity cCouncil prior to approval of any text amendment: 1. Consistency with General Plan. The code amendment is consistent with the goals, objectives and policies of the general plan. 2. Public Welfare. Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.230 GENERAL PLAN AMENDMENTS 9.230.010 Application and referral. A. Purpose. A general plan amendment is a legislative action by the cCity cCouncil to change the text of the general plan or any map or diagram of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65350 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The cCity cCouncil by a majority vote; 3. The pPlanning cCommission by a majority vote; or 4. The Director. 5. An interested party. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies as specified in Section 65352 of the State Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the State Government Code may be amended pursuant to cCity cCouncil 524 333 Resolution 2000-77. Each amendment may include more than one change to the general plan. 2. The limitation on frequency of amendments to the general plan set forth in subsection (E)(1) of this section does not apply to residential development projects with at least twenty-five percent of the dwelling units to be occupied by persons or families of low or moderate income. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) F. Review Procedures. 1. General plan amendments shall be approved, approved with modifications or denied by resolution of the cCity cCouncil after receipt of testimony at a public hearing held pursuant to Section 9.200.110. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council. 2. Prior to cCity cCouncil review, the pPlanning cCommission shall hold a public hearing, review the application, and forward a recommendation with findings to the council. 3. If the council contemplates a modification to the application not previously considered by the pPlanning cCommission, the proposed modification may be referred to the commission for report back to the council. A public hearing shall not be required for such commission review. G. Required Findings. The following findings shall be made by the cCity cCouncil prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. General Plan Compatibility. In the case of amendments to the general plan policy diagram, the new designation is compatible with the designations on adjacent properties. 4. Property Suitability. In the case of amendments to the general plan policy diagram, the new designation is suitable and appropriate for the subject property. 5. Change in Circumstances. In the case of amendments to the general plan policy diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.240 SPECIFIC PLANS 525 334 9.240.010 Specific plan review. A. Purpose. A specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65450 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by: 1. The cCity cCouncil 2. The owner of the property or by the owners agent (with written notarized authorization from the owner); 3. The pPlanning cCommission by a majority vote; or 4. The Director. D. Review Procedures. Specific plans shall be prepared, adopted and amended in the same manner as the general plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the cCity cCouncil prior to approval of any specific plan or specific plan amendment: 1. Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the general plan. 2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The specific plan is compatible with zoning on adjacent properties. 4. Property Suitability. The specific plan is suitable and appropriate for the subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) F. Substantial Conformance. The Director shall determine substantial conformance in approved Specific Plans. G. Waiver of Amendments. The Director has the authority to waive the need for a Specific Plan amendment under the following circumstances: 1. when changes to the land use allocation are less than 5%, 2. when the off-site circulation pattern and turning movements will not be altered by the proposed change, 3. when the change is considered minor in nature and does not conflict with the purpose and intent of the Specific Plan, or 4. when no new land use is proposed. G.H. Density Transfers. Density transfers may occur in Specific Plans when common area amenities and open space are provided beyond that required by Code. Chapter 9.250 OTHER ACTIONS 526 335 9.250.010 Environmental review. A. Definition. See Chapter 9.280. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the city’s environmental review procedures to determine the proposals potential impacts. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.250.020 Development agreements. A. Purpose. A development agreement is a discretionary legislative action by the cCity cCouncil to provide certainty in the review and approval of development projects in order to make maximum efficient utilization of resources at the least economic cost to the public, strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and provide for public facilities and infrastructure. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this section. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65864 et seq., of the State Government Code and that such provisions shall be so construed. C. Review Procedures. 1. Application Forms. The director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information: a. Duration of the agreement; b. The permitted uses of the property; c. The density or intensity of use of the property; d. The maximum height and size of proposed buildings; e. Provisions for reservation of dedication of land for public purposes; f. Fiscal impact statement to include revenue generated to the city and benefits received by the developer; g. Phasing and project completion date; h. Consistency with the general plan and any applicable specific plan. In addition to the above, the director may require an applicant for a development agreement to submit such other information and supporting data as the director deems necessary to process the application. 2. Fees. The cCity cCouncil shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee 527 336 may be waived in whole or in part by the cCity cCouncil for affordable housing that is in conformance with the general plan. 3. Who May Apply. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person. 4. Proposed Form of Agreement. Each application shall be accompanied by draft development agreement in form which is mutually agreed upon by the applicant and the city at a pre-proposal meeting. This requirement may be met by using the city's standard development agreement form and including specific proposals for changes in or additions to the language of the standard form. 5. Review and Filing of Application. The director shall endorse on the application the date it is received. The director shall review the application and determine if additional requirements are necessary to complete the agreement. The application may be rejected if it is not completed in the manner required by these rules. After receiving the required information, the director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the general plan or any applicable specific plan. Before processing the application the director shall obtain the opinion of the city attorney as to sufficiency of the applicant's interest in the real property to enter into agreement. 6. Notice of Intention. Upon completion of the staff report required by subsection C5 of this section, in addition to any other notice required by law, the director shall give notice of intention to consider adoption of a development agreement. The notice shall contain: a. The time and place of the public hearing; b. A general explanation of the development agreement, including a general description of the property proposed to be developed; c. Other information that the director considers necessary or desirable. 7. Manner of Giving Notice. All notices required by these rules shall be processed in the manner provided in Section 9.200.110 of this code. 8. Hearing and Recommendation of pPlanning cCommission. The pPlanning cCommission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The pPlanning cCommission shall make its recommendation to the cCity cCouncil in writing within thirty days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement: a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; 528 337 b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located; c. Is in conformity with the public necessity, public convenience, general welfare and good land use practices; d. Will be detrimental to the health, safety and general welfare; e. Will adversely affect the orderly development of property or the preservation of property values; f. Will have a positive fiscal impact on the city. 9. Hearing by cCity cCouncil. After the recommendation of the pPlanning cCommission or after the expiration of the time period specified in subsection C8 of this section, the director shall give notice of a public hearing before the cCity cCouncil in the manner provided for in subsections C6 and 7 of this section. 10. Decision by cCity cCouncil. a. After it completes the public hearing and considers the recommendation, if any, of the pPlanning cCommission, the cCity cCouncil may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the pPlanning cCommission during its hearing back to the pPlanning cCommission for report and recommendation. The pPlanning cCommission shall not be required to hold a public hearing on matters referred back to it by the cCity cCouncil. b. The development agreement may not be approved unless the cCity cCouncil finds that the development agreement is consistent with the general plan and any applicable specific plan. 11. Approval of Development Agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager. 12. Amendment and Cancellation. a. Either the city or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement. b. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. c. Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the pPlanning cCommission without a noticed public hearing so long as the pPlanning cCommission holds a properly noticed public hearing in connection with a proposed general plan amendment and/or zone change for such property. 529 338 Upon consideration of the proposed amendment and written recommendation to the cCity cCouncil by the pPlanning cCommission, the cCity cCouncil shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement. d. Except as expressly set forth herein, each and every provision of this section concerning the procedures for processing and approval of development agreements remains in full force and effect. e. Except as provided for in subsection C14c of this section, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement. 13. Recordation. a. No later than ten days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement. b. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall cause notice of such action to be recorded with the county recorder. 14. Periodic Review. a. The cCity cCouncil shall review the development agreement at least every twelve months from the date the development agreement is entered into until expiration of the term of the agreement. b. The director shall give the applicant or successor in interest thereto at least thirty days' advance notice of the time at which the cCity cCouncil will review the development agreement. c. The cCity cCouncil may refer the matter to the pPlanning cCommission for further proceedings or for a report and recommendation. d. The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. e. If, as a result of such periodic review, the cCity cCouncil finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the cCity cCouncil may commence proceedings to enforce, modify or terminate the development agreement. 15. Modification or Termination. a. If, upon a finding under subsection C14e of this section, the cCity cCouncil determines to proceed with modification or termination of the development agreement, the cCity cCouncil shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain the time and place of the hearing. 530 339 b. At the time set for the hearing on the modification or termination, the cCity cCouncil may refer the matter back to the pPlanning cCommission for further proceedings or for report and recommendation. The decision of the cCity cCouncil shall be final. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.260 FEES 9.260.010 Administration of fees. A. Filing Fees. A filing fee to defray the cost of processing and notification for each application for a discretionary permit or other discretionary action shall be paid by the property owner or the owner's authorized agent at the time the application is accepted. Such fees shall be set by resolution of the city council. B. Refunds. Whenever an application for a change of zone or for a permit or variance that requires a public hearing is terminated for any reason, upon request of the applicant a refund of a percentage of fees paid may be made by the planning directorDirector in accordance with the following schedule. If any portion of the application fee has been paid out by the city to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made. 1. Application accepted by the planning departmentPlanning Division, fee not receipted 100% 2. Application accepted and fee receipted by department, but no processing begun 90% 3. Application processed, but public hearing not advertised or noticed 50% 4. Public hearing advertised or noticed but hearing not held 20% 5. Public hearing held by Planning CommissionpPlanning cCommission 0% C. Exemptions for Nonprofit Organizations. Nonprofit organizations are exempt from paying the fees charged for the processing of a temporary outdoorspecial event application per Chapters 9.60 or 9.100. For the purposes of this section, “nonprofit organization” means a corporation, association or other organization which is exempt from taxation under Section 501(C)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, and which has received determination letters from the United States Internal Revenue Service and the California Franchise Tax Board confirming its exempt status under such sections. (Ord. 284 § 1 (Exh. A) (part), 1996) 531 340 Chapter 9.270 NONCONFORMITIES 9.270.010 Purpose. The purpose of this chapter is to promote the public health, safety and general welfare by regulating land uses, lots and structures which were lawfully established but which do not conform to the provisions of this zoning code. This chapter is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, to establish the criteria under which they may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.020 Definitions. For the purposes of this chapter and this code, certain words and terms shall be defined as follows: 1. “Nonconformity” means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term “nonconformity” does not include illegal uses, lots, or structures which were not lawful when established or constructed. 2. “Nonconforming use” means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. 3. “Nonconforming lot” means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 4. “Nonconforming structure” means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 5. “Intensity” means the level of development or activity associated with a land use, as measured by one or more of the following: a. The amount of parking required for the use per Chapter 9.150. b. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. c. The floor area occupied by the use. 532 341 d. The percentage of the building site occupied by the use or by the structure containing the use. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.030 Nonconforming uses. A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to the restrictions of this section. B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period of one year, it shall not be reestablished and any new use of the premises shall conform to the applicable district regulations of this code. C. Intensification of Nonconforming Uses. 1. A nonconforming nonresidential use shall not be increased in intensity. 2. A nonconforming residential use may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height or any other development standard. (For example, a “granny flat” may be added to a single-family detached dwelling in a district permitting only attached homes provided there is no new setback or other encroachment and all requirements pertaining to creation of second dwelling units are met.) D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, earthquake or other disaster may be reestablished provided: 1. Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard; and 2. Application for a building permit is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of or extensions to the permit. E. Change of Ownership. Changes in ownership, tenancy, proprietorship or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.040 Nonconforming lots. Legally established nonconforming lots may be developed and used in accordance with this code provided all code requirements other than those relating to the lot's conformity are met. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.050 Nonconforming structures. A. Continuation of Nonconforming Structure. A nonconforming structure may be continued and maintained subject to the restrictions of this section. B. Maintenance and Repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window 533 342 repair, reroofing, residing, replastering and replacement of incidental nonstructural elements. C. Structural Alterations. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities. D. Damage or Destruction. 1. Residential and Nonresidential Structures. A nonconforming structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of fifty percent or more of the replacement cost of the structure, as determined by the director, shall not be restored except in conformity with all development standards and other regulations of this zoning code. 2. Determination of Replacement Cost. In determining the replacement cost of a structure, the director may utilize city building permit records, contractor estimates, assessed valuation, and any other information deemed by the director to be reflective of replacement cost. 3. Residential Structures. A nonconforming residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake or other disaster may be restored. E. Safety of Structures. Nothing in this section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the city charged with protecting the public safety upon order of such officer. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.060 Nonconforming parking and signs. Refer to Section 9.150.100 for provisions regarding nonconforming parking and Section 9.160.110 for provisions regarding nonconforming signs. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.070 Plans previously approved. Uses, tentative subdivision lots, tentative parcel map lots and structures approved prior to the effective date of this zoning code which are nonconforming under this code may nevertheless be established, recorded or constructed in accordance with approved plans or maps provided all other applicable laws and regulations are satisfied. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.270.080 Illegal uses and structures. Nothing in this chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e., uses or structures which did not comply with the zoning ordinance(s) in effect when they were established. Such illegal uses or structures 534 343 shall be subject to the enforcement provisions of the municipal code and shall be removed immediately. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.280 DEFINITIONS 9.280.010 Purpose and applicability. This chapter shall be known as the zoning code definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of this code. The meaning and construction of words and phrases as set forth shall apply throughout this code except where the context of such words or phrases clearly indicates a different meaning or construction. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.280.020 Use of terms. A. Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this code: 1. The specific shall supersede the general. 2. The word “shall” is mandatory. The word “may” is discretionary. The word “should” identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making authority. 3. In the case of any difference of meanings or implication between the text regarding a provision of the code and any title, heading, caption or illustration, the text shall control. 4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. 5. Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows: a. “And” indicates that all connected items or provisions shall apply. b. “Or” indicates that the connected items or provisions may apply singly or in any combination. c. “Either...or” indicates that the connected items or provisions shall apply, but not in combination. 6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the city of La Quinta. B. Time Periods. The use of the term “days” to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal city holiday, in which case the next business day shall be the last day of the time period. (Ord. 284 § 1 (Exh. A) (part), 1996) 535 344 9.280.030 Definition of terms. “Abandoned” means a structure or use, the development or operation of which has been ceased or suspended. “Abutting” or “adjacent” means two or more parcels sharing a common boundary at one or more points. “Access/egress” means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle. “Accessory building or structure” means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site. As it pertains to Section 9.140.060, Equestrian Overlay District, “accessory building” means any building subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, hay and tack barns, stables and other structures and uses customarily appurtenant to the primary permitted use. Also pertaining to Section 9.140.060, Equestrian Overlay District, “accessory structure” means any structure subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, arenas, grandstand seating, corrals, exercise rings, and other structures associated with the permitted use. Fences are not considered structures for the purposes of this section. “Accessory use” means a land use subordinate and incidental to the principal use on the same building site. “Actual construction” means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. “Administrative office” means a place of business for the rendering of service or general administration, but not including retail sales. Adult Business, Adult Entertainment Business or Adult Oriented Business. See “sexually oriented business,” Chapter 5.80 of the municipal code. Advertising Device or Display. See sign definitions, Section 9.160.120. “Affordable housing cost” bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. “Affordable housing unit” means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and Section 9.60.270 of this Code. “Affordable rent” means that level of rent defined in Section 50053 of the California Health and Safety Code. “Agricultural activity, operation, or facility, or appurtenances thereof” includes all uses allowed under the Agricultural Overlay District, including, but be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber viticulture, apiculture, or 536 345 horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. “Alley” means a secondary means of access to abutting property located at the rear or side of the property. “Alteration” means any physical change in the internal or external composition of a building or other structure. Animal Hospital or Animal Clinic. See “veterinary clinic.” “Antenna” means a device for transmitting or receiving radio, television, satellite, microwave or any other transmitted signal. “Apartment” means a dwelling unit within an apartment building designed and used for occupancy by one family on a rental basis. “Apartment building or apartment project” means a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental basis. Area, Project Net. See “project net area.” “Arena” means an enclosure physically similar to a corral, designed and constructed so as to be used for conducting equine-related entertainment and events open to the public, including, but not limited to, rodeos, polo matches, riding shows and exhibitions, etc. “Attached structures” means two or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty inches in height above the finished grade. Attached Dwelling or Attached Residential. See “dwelling, attached.” “Automobile repair specialty shop” means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. “Automobile service station” means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. “Automobile wrecking” or “automobile dismantling” means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. “Awning” means a roof-like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. “Bar and cocktail lounge” means an establishment whose primary activity is the service of alcohol, beer or wine. “Basement” means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. “Bed and breakfast” or “B & B” means an establishment primarily engaged in providing temporary lodging (i.e., less than thirty days) for the general public with 537 346 access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. “Bed and breakfast” means a residential dwelling occupied by a resident, person, or family, containing individual living quarters occupied for a transient basis for compensation and in which a breakfast may be provided to guests. The breakfast provided shall not constitute a restaurant operation and may not be provided to persons other than guests of the inn. “Bedroom” means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. “Berm” means a mound or embankment of earth. Billboard. See sign definitions, Section 9.160.120. “Boardinghouse” means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. “Buildable area” means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. “Building” means an enclosed structure having a roof supported by columns or walls. “Building height” means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010. Building, Main. “Main building” means the building containing the main or principal use of the premises. Building, Relocatable. “Relocatable building” means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. “Building site” means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. “Building site area” means the horizontal area within a building site expressed in square feet, acres or other area measurement. Building Site Coverage. See “lot coverage.” Building Site, Panhandle or Flag. See “lot” definitions. Building Site, Through. “Through building site” means a building site having frontage on two parallel or approximately parallel streets. See “through lot.” Business Park. See “industrial park.” “CEQA” means the California Environmental Quality Act. “Caretaker” means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. “Caretaker residence” means a residential unit not exceeding one thousand square feet, which is not the principal use on the property, to be occupied by a caretaker or watchman who is responsible for the security of the principal use of the property. 538 347 “Carport” means a roofed structure or a portion of a building which is open on two or more sides for the parking of automobiles belonging to the occupants of the property. “Cattery” means any building, structure, enclosure or premises within which five or more cats are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. “Cellar” means a nonhabitable building level which: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. “Certificate of occupancy” or “certificate of use and occupancy” means a permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. “Child day care center” or “preschool” means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. “Child day care facility” means, consistent with Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes both child day care centers and child day care homes. “Child day care home” or “family day care home” means, consistent with Section 1596.78 of the State Health and Safety Code: 1. “Family day care home” means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. 2. “Large family day care home” means a home that provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home. 3. “Small family day care home” means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home. “City” means the city of La Quinta. “City council” means the city council of the city of La Quinta. “Cleaning plant or laundry plant” means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. 539 348 Clinic, Medical. “Medical clinic” means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. “Club” means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. “Code” means this zoning code unless another code, ordinance or law is specified. “Commercial” means operated or conducted on a frequent basis for the purpose of financial gain. “Commercial Filming” means the production of still or moving pictures on public property. Commercial Center. See “shopping center.” “Commercial recreation” means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. “Commercial stable” means any facility specifically designed or used for the stabling of equine animals not owned by the residents of the subject property, for purposes such as on-site breeding, boarding, training, riding or other recreational use as a commercial service to the owners of said animals. “Commercial vehicle” means a vehicle customarily used as part of a business for the transportation of goods or people. “Commission” means the planning commission of the city unless another commission is indicated. “Common interest development” bears the same meaning as defined in Section 1351 of the California Civil Code. “Community apartment project” means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment locat ed thereon. “Community auction and sales yard” means a facility which periodically holds auctions of farm equipment, fixtures and other related materials in an enclosed building. Community Care Facility. See “residential care facility.” Conditional Use Permit. See “use permit.” “Community Center” means a non-commercial use established for the benefit and service of the population of the community in which it is located, including senior centers. “Condominium” means, consistent with Section 1351 of the State Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. “Condominium hotel” means a “hotel” or “group hotel” all or part of which constitutes a condominium project in which one or more of the units are individually owned, but are intended to be available for “transient” use (as those terms are 540 349 defined in Section 3.24.020 of the La Quinta Municipal Code), when not being used by the unit owner. See also “first class condominium hotel.” “Congregate care facility” means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. “Congregate living facility” means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of state law. (See also “residential care facility.”) “Convalescent home” or “convalescent hospital” means a facility licensed by the State Department of Health Services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home or home for the aged. “Conversion project” means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. Corner Lot. See definitions under “lot.” “Corral” means an enclosure designed for use as an open holding area for horses for the purpose of confinement within that area for an indeterminate period of time. “Cottage food operation” means an enterprise wherein an individual prepares and packages non-potentially hazardous foods in a primary residential dwelling unit, which serves as his or her private residence, said foods being for the direct and/or indirect sale to consumers, and that does not have more than one full-time equivalent employee, and generates not more than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014; 3) $50,000 in gross annual sales in 2015 and beyond as identified in California Health and Safety Code Section 113758. “County” means the county of Riverside unless another county is indicated. Day Care Center. See “child day care center.” “Decision-making authority” or “decision-making body” means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. “Density” means the number of dwelling units per gross acre, unless another area measurement is specified. “Density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. “Detached building or structure” means a building or other structure that does not have a wall or roof in common with any other building or structure. 541 350 “Development” means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. “Development standard” means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. “Director” or “planning director” means the city manager or his/her designee District. See “zoning district.” District, Nonresidential. See “nonresidential district.” District, Residential. See “residential district.” District, Special Purpose. See “special purpose district.” “Downtown Village directional sign panel” means an interchangeable sign panel which does not require a sign permit, mounted on a monument base structure. The sign panels list businesses in the Village commercial zoning district. “Drive-in” or “drive-through” means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. “Driveway” means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. “Driveway approach” means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. “Duplex” means a permanent building containing two dwelling units on a single lot. “Dwelling” means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, Attached. “Attached dwelling” means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, Main or Primary Residence. “Main dwelling or primary residence” means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, Multifamily. “Multifamily dwelling” means a building containing three or more dwelling units on a single parcel or building site. Dwelling, Single-Family. “Single-family dwelling” means one main dwelling unit on a single parcel or building site. 542 351 Dwelling, Single-Family Attached. “Single-family attached dwelling” means a main dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, Single-Family Detached. “Single-family detached dwelling” means a main dwelling unit not attached to any other main dwelling unit. Dwelling, Patio Home. “Patio home dwelling” means a single-family detached dwelling shifted to one side of the lot, i.e., placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, Townhome. “Townhome dwelling” means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. “Dwelling unit” means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling Unit, Second. See “second residential unit.” “Easement” means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. “Educational institution” means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. “Elevation” means the vertical distance above sea level. “Emergency Shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. “Employee's quarters” means quarters, which may include full bathroom and/or kitchen or cooking facilities,, for the housing of domestic employees and located upon the same building site occupied by their employer. “Enclosed” means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. “Environmental review” means all actions and procedures required of the city and of applicants by the California Environmental Quality Act (“CEQA,” State Public Resources Code Section 21000 et seq.), the CEQA Guidelines (Public Resources Code Section 15000 et seq.) and local environmental procedures. “Exception” means a city-approved deviation from a development standard based on the following types of findings by the decision-making authority: 1. A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and 2. One or more specific findings justifying the particular exception requested. “Family” means one or more persons occupying one dwelling unit. The word “family'' includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word “family” does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or motel. Family Day Care Home. See “child day care home.” 543 352 “Farm” means a parcel of land devoted to agricultural uses where the principal use is the propagation, care and maintenance of viable plant and animal products for commercial purposes. “Farmworker housing” means any building or group of buildings where six or more farm employees are housed. “First class condominium hotel” means a condominium hotel where both of the following apply: a. The condominium hotel has a brand operator or an independent operator that is experienced in the upscale segment or luxury segment of the hospitality industry as defined by J.D. Power and Associates; and b. The condominium hotel satisfies the published requirements that will be sufficient for a ranking of no fewer than three stars in the most recent annual awards list published from time to time by AAA Travel Guides or by the Mobil Travel Guide. Flag. See sign definitions, Section 9.160.120. Flag Lot or Panhandle Lot. See definitions under “lot.” “Flood” means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. “Flood insurance rate map (FIRM)” or “flood boundary and floodway map” mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. “Floodplain” means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. “Floodproofing” means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. “Floodway” means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor Area, Gross. See “gross floor area.” Floor Area, Livable. See “livable floor area.” “Floor area ratio” means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. “Fraternity house” or “sorority house” means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding Sign. See sign definitions, Section 9.160.120. Front Lot Line. See definitions under “lot line.” Gas Station or Service Station. See “automobile service station.” “Garage” means a building or portion of a building used primarily for the parking of motor vehicles. 544 353 “General plan” means the general plan of the city of La Quinta. “Government code” means the California Government Code. Grade, Average. “Average grade” means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land. Grade, Average Finish. “Average finish grade” means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land after final grading. Grade, Finish. “Finish grade” means the ground elevation at any point after final grading. “Grading” means the filling, excavation or other movement of earth for any purpose. “Granny flat or granny housing” means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons sixty-two years of age or over, and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed thirty percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed one thousand two hundred square feet. (See also “second residential unit.”) “Grazing” means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. “Gross acreage” means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross Density. See “density.” “Gross floor area” means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross Lot or Parcel Area. See “lot area, gross.” “Ground floor area” means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post-supported roofs over patios and walkways are not included. Ground Sign. See “freestanding sign” in sign definitions, Section 9.160.120. “Guest house” means a detached or attached unit which has sleeping and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. “Guest ranch” means any property of five acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking. Habitable Area. See “livable floor area.” “Habitable room” means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. 545 354 “Hazardous waste” means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical or infectious characteristics, may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Home for the Aged. See “convalescent home.” “Home occupation” means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. “Hospital” means a facility licensed by the State Department of Health Services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. “Hotel” means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and which has cooking facilities in less than twenty-five percent of the guest rooms. Identification Sign. See sign definitions, Section 9.160.120. “Industrial park,” “business park” or “office park” means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. “Intensity” means the level of development or activity associated with a land use, as measured by one or more of the following: 1. The amount of parking required for the use per Chapter 9.150. 2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. Interior Lot Line. See definitions under “lot line.” “Kennel” means any building, structure, enclosure or premises within which five or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. “Kitchen” means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land Use. See “use.” Land Use Intensity. See “intensity.” Landfill, Sanitary. “Sanitary landfill” means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material. Laundry Plant. See “cleaning plant or laundry plant.” 546 355 “Livable floor area” means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. “Live entertainment” means any act, play, revue, pantomime, scene, dance or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. Living Area. See “livable floor area.” Lodginghouse. See “boardinghouse.” “Lot” means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms “lot” and “parcel” are interchangeable for purposes of this code. Types of lots and their definitions are as follows: 1. “Corner lot” means a lot abutting two streets intersecting at an angle of not more than one hundred thirty-five degrees. If the angle of intersection is more than one hundred thirty-five degrees, the lot is an “interior lot.” 2. “Flag or panhandle lot” means a lot connected to the street with a narrow access portion less than forty feet wide and more than twenty feet long and situated so that another lot is located between the main portion of the flag lot and the street. 3. “Interior lot” means a lot abutting only one street or abutting two streets which intersect at an angle greater than one hundred thirty-five degrees. 547 356 4. “Key lot” means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. 5. “Reverse corner lot” means a corner lot, the rear of which abuts the side of another lot. 6. “Through lot” means a lot with frontage on two parallel or approximately parallel streets. “Lot area” means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. “Lot coverage” or “building site coverage” means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, “ground floor area” means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post-supported roofs over patios and walkways are not included. “Lot frontage” means the length of the front lot line. For corner lots the lot frontage shall be measured from the interior lot corner to the outside of the corner cut-back. “Lot line or property line” means any boundary of a lot. The classifications of lot lines and their definitions are as follows: 1. “Front lot line” means the following: a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); c. On a through lot, the lot line abutting the street providing primary access to the lot. 2. “Interior lot line” means any lot line not abutting a street. 3. “Rear lot line” means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly-shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten-foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code. 4. “Side lot line” means any lot line which is not a front or rear lot line. “Lower income households” bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. “Lowest floor” means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP floodplain district, Section 9.140.030. “Manufactured home” means a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. 548 357 “Master commercial development” means a commercial center for which an overall Site Development Permit was approved and implemented, which may have remaining unconstructed pads or buildings. “Master plan of arterial highways” means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. “Master plan of drainage” means an engineering report outlining the drainage facilities needed for the proper development of the city. “Maximum allowable residential density” means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. “Median” means a paved or planted area separating a street or highway into opposite-direction travel lanes. Medical Clinic. See “clinic, medical.” “Medical marijuana dispensary” means a facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq. (Ord. 439 § 1, 2007) “Menagerie” means a lot on which more than one wild, non-domestic reptile (not including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed or trained wild animal shall not be considered a domestic animal. “Ministorage facility” means a building containing various size storage compartments not exceeding five hundred square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. “Minor adjustments” are deviations in standards which have little or no potential for adverse impacts on the surrounding community and which are reviewed administratively. Minor Use Permit. See “use permit.” Mobilehome. See “manufactured home.” “Mobilehome park or mobilehome development” means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. “Moderate income” or “persons and families of moderate income” means those middle-income families as defined in Section 50093 of the California Health and Safety Code. Modular Home. See “manufactured home.” Monument Sign. See sign definitions, Section 9.160.120. “Motel” means a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than twenty-five percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily Dwelling or Residence. See “dwelling, multifamily.” 549 358 “Net site area” or “net lot area” means the total land area within the boundaries of a parcel or building site after ultimate street rights-of-way and easements that prohibit the surface use of the site are deducted. “Net project area” means all of the land area included within a development project excepting those areas with before-development slopes of thirty percent or steeper and those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. “Noncommercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. “Nonconforming use” means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter 9.270. “Nonconforming lot” means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. “Nonconforming structure” means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. “Nonconformity” means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were not lawful when established or constructed. See Chapter 9.270. Nursery, Day Care. See “child day care facility.” Nursing Home. See “convalescent home.” Office Park. See “industrial park.” Official Zoning Map. See “zoning map.” “Off-site hazardous waste facility” means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to: 1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.); 2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); 3. Stabilization/solidification facilities; 4. Chemical oxidation facilities; 5. Neutralization/precipitation facilities; or 6. Transfer/storage facilities. “Open space” means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of 550 359 valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open Space, Usable. “Usable open space” means open space which is predominately level (i.e., slopes less than five percent) but which may contain some steeper land (i.e., with slopes up to twenty percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of fifteen feet in width and three hundred square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle trails. Outdoor Advertising Sign. See “billboard” in sign definitions, Section 9.160.120. “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; d. Landscape lighting; e. Billboards and other signs (advertising or other); f. Street lighting; g. General area and yard lighting. “Outdoor vendors” include hotdog stands, ice cream carts, and othersimilar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a private sidewalk, plaza, or pedestrianway. “Parcel” means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms “lot” and “parcel” are interchangeable for purposes of this code. Panhandle Lot or Flag Lot. See definitions under “lot.” “Parking accessway” means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. “Parking structure” means a structure which is open or enclosed and is used for the parking of motor vehicles. “Parkway” means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. “Pasture” means an enclosed holding area consisting of grass or similar vegetation, specifically used for purposes of grazing or feeding of animals. Patio Home. See “dwelling, patio home.” “Permitted use” means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. 551 360 “Person” means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. “Person with a disability” is a person with a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. “Personal services” are establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, spas and tanning salons, clothing rental, dry cleaning stores, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. “Planned unit development” means a residential development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole Sign. See sign definitions, Section 9.160.120. Portable Sign. See sign definitions, Section 9.160.120. “Precise plan” or “precise plan of development” means the plan or plans for a project, development or other entitlement approved by the decision-making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. “Precise plan of highway alignment” means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary Residence. See “main dwelling.” “Primary unit” means a single-family or multifamily residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot. “Principal use” means the primary or predominant use of any parcel, building site or structure. “Project area” means all of the land area included within a development project excepting those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (See also “net project area.”) Projecting Sign. See sign definitions, Section 9.160.120. “Property line” means a lot line or parcel boundary. “Public agency” means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear Lot Line. See definitions under “lot line.” “Reasonable accommodation” means the process of providing flexibility in the application of land use, zoning, and building regulations, practices, and procedures t o eliminate barriers to housing opportunities for persons with disabilities. 552 361 “Recreational vehicle” or “RV” means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, “5th wheels” and camper shells. “Recycling” means the process by which waste products are reduced to raw materials and transformed into new products. Relocatable Building. See “building, relocatable.” “Residential care facility” or “community care facility” means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (See also “congregate living facility.”) Residential, Multifamily. See “dwelling, multifamily.” Residential, Single-Family. See “dwelling, single-family.” “Restaurant” means any use providing for the preparation, retail sale and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, pubs, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail loungeswhose primary activity is food service and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term “restaurant” may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, Drive-Through. “Drive-through restaurant” means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest Home. See “convalescent home.” “Retail” means the selling of goods or merchandise directly to the ultimate consumer. “Reverse vending machine” means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. “Riding academy” means a facility designed and used primarily for recreational riding, training and instruction purposes, and allowing both on-site boarding or trailering of horses to the facility. “Riding and hiking trail” means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. “Right-of-way” means the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements. Roof Sign. See sign definitions, Section 9.160.120. Roominghouse. See “boardinghouse.” “Satellite dish antenna” means an apparatus capable of receiving communications from a man-made satellite. “Scenic highway” means any highway designated a scenic and/or historic highway by an agency of the city, state or federal government. 553 362 “Second unit” In accordance with Government Code Section 65852.2(i)(4), second unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is situated. A second unit also includes the following: a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; b. A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Section” means a portion of this zoning code beginning immediately after a six- or seven-digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six- or seven-digit number. (See also “subsection.”) “Semi-permanent sign” means a non-illuminated sign which requires a sign, such as advertising the future construction of a facility, model home complex, commercial, or residential subdivision identification which is intended to be erected or posted for a minimum of sixty-one days and a maximum of one year. A permit for semi-permanent signs advertising future facility construction shall not be approved until a development review application has been submitted. “Senior citizen” means a person fifty-five years of age or older. “Senior citizen residence” means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. “Senior group housing” means a residential development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels and senior citizen apartments.) “Service” means an act or any result of useful labor which does not in itself produce a tangible commodity. Service Station. See “gas station.” “Setback” means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line or other specified boundary. Sexually Oriented Business. See Chapter 5.80 of the municipal code. “Shopping center” or “commercial center” means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. Side Lot Line. See definitions under “lot line.” “Sidewalk sale” or “parking lot sale” means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also “special commercial event.”) “Sign” means any medium for visual communication, including but not limited to words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.130. 554 363 Single-Family Dwelling or Residence. See “dwelling, single-family.” “Single room occupancy (SRO) facility” or “SRO hotel” means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared. Site. See “building site.” Site Area, Net. See “net project or site area.” Site Coverage. See “building site coverage.” Site Development Permit or Development Permit. See Section 9.210.010. “Slope” or “slope gradient” means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., “the slope has a twenty percent gradient” (usually used to describe natural as opposed to manufactured, slopes). “Slope ratio” means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). “Special commercial event” means the temporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. (See also “sidewalk sale.”) “Specific plan” means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and State Government Code Section 65450 et seq. “Stable” means a building or structure containing multiple stalls for the purposes of sheltering, feeding, boarding, accommodating or otherwise caring for several horses at one time. “Stall” means a division of a stable accommodating one horse into an adequately sized enclosure for the purpose of confining individual horses within a sheltered environment as may be necessary for security, safety or other reasons pertinent to the health, welfare and daily care of each animal. “Stock cooperative” means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. “Storage” means a place where goods, materials, and/or personal property is placed for more than twenty-four hours. “Story” means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. “Street” means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. “Structure” means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than 555 364 thirty inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. “Subsection” means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010A. (See also “section.”) “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 of the Health and Safety Code 50675.14(b) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (“target population” includes adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.) “Swimming pool” means an artificial body of water having a depth in excess of eighteen inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. “Tandem Parking” means any off-street parking space(s), or arrangement of such spaces, configured in such a manner such that one or more spaces is not directly accessible to a street or other approved access without traversing any portion of another space. “Temporary use” means a land use established for a specified period of time, which use is discontinued at the end of such specified time. “Temporary sign” means any non-illuminated sign which may require a sign permit and which is intended to be posted for a maximum of forty-five days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. “Timeshare facility” means a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. Townhome. See “dwelling, townhome.” “Transient basis” means for a continuous period of two weeks or less. “Transitional Housing” is buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. 556 365 “Transitional shelter” means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two weeks or less. Two-Unit Attached Dwelling. See “dwelling, two-unit attached.” “Ultimate right-of-way” means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan. “Use or land use” means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. “Use permit” means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. “Vehicular accessway” means a private, nonexclusive vehicular easement affording access to abutting properties. “Very low income households” bears the same meaning as defined in Section 50105 of the Health and Safety Code. “Veterinary clinic” means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. Wall Sign. See “building-mounted sign” in sign definitions, Section 9.160.120. “Wing wall” means an architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. “Yard” means an open space on a parcel of land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: 1. Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety-degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. 557 366 2. Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety- degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. 3. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety-degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. “Zoning code” or “code” means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. “Zoning district” or “district” means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. “Zoning map” or “official zoning map” means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. (Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 558 R M 1 7 / 1 R M H R L 1 0 , 0 0 0 R L 1 0 , 0 0 0 1 7 / 1 1 7 / 1 / 1 0 R M 1 7 / 1 R L 1 7 / 1 OS O S RL O S PR O S O S G C G C RL F P O S GC OS F P MC G C OS R L R L OS O S G C G C GCOS G C RL R L G C RL G C F P GC G C GC GCRL G C RM C R RL C T G C G C R L GC C T GC R L G C G C RL G C GC R L G C C R G C GC G C C R RL O S O S R L R M G C R L R L RL G C G C G C R L C T G C C T G C RMH G C M C R M G C R V L OS G C R L OS R V L G C R L G C G C C R PR R L G C G C MC V C G C R V L RL R L RL M C GC R L M C CT C R RL G C RL G C GC R L C P GC R L R H MC G C R V L C C C P R L G C R L GCGC R H G C R M GC R M G C R L G C R L GCGC R L RLGC R L M C R L GCGC R L G C G C G C M C C R R L G C P R F P R L R L R L R L GC R L R M GC R M R L R L R L RL G C G C C T GC R L R V L R L G C R L RL M C R L G C R L R L RL R M C C R L G C RL R L R L G C R L G C G C G C G C M C P R RL R L GC R L R L R L R L R M R L C O G C R L R L R L GC C C RL C C G C G C R L P R R L R L M C R L RL R L F P C T G C F P R L C N R L G C RL R L GC R L R L R L R L R L R L G C C C G C R L GC R L R L G C R H R L R L R L R L R L C N R L RL R L C T R M R L R L RLRL C C R L R L R L C R R L CN R M R L P R OS M C C N R L R L RL R L R L G C R L R L R L CN R L CN R L GC C N G C OS R L RMH R L R L R L R L P R R M RL R L R L R L RL G C FP R M RL RL G C R L R L R L R L R L R L R L R L R L R L R L R L R L R L R L C T R L R L G C R L R L R M R L R L R L R L V C R L RL R M H R M H R L R L RMH CT C T G C R L V C OSRMH R L R L P R GC R L R L P R R L R L R L R L R L R M P R RLRL R L R L RMH R M R L R L RMH R M R L R L R L RMH R L CN R L R L R L R L P R R L R L V C R L R L R L R L R L R C R L P R R C R C R M R C R C R C R C RL G C R L R C O S R C C C R L R L R M RMH R L RMH RMH C C M C R C R L V C F P R C R M V C M C M C R L R L F P R L R L R L R L R L R L RL F P R L RM R L R L R L R L R L R L R L R M H R H R L R M RL R L R L R L RMH R L V C RMH P R V C P R C C RL V C M C R M P R M C M C P R P R M C R L P R M C P R M C M C M C P R C C M C F P R L P R P R R L P R P R P R M C P R P R G C GCGCRMHRLOSOS R M R V L O S RLPR R L R L R L R M R M H R M M C P R MC RLRL R L RL R L R L RL R L RLRL I R L RL R L RLRLRL R L R L R L R L R L CC R L R L C C R L R L R L C C M C RH CN C C CN M C CN C C 62nd AveHarrison St A i r p o r t B l v d 5 2 n d A v e M a d i s o n S t J e f f e r s o n S t 5 0 t h A v e W a s h i n g t o n S t 0.500.511.5 Miles 1 inch = 1,400 feet F R M H R L 1 0 R L 1 0 , 0 0 0 1 7 / 1 1 7 / 1 / 1 0 R M 1 7 / R M V C G C R M R L M C M C G C M C C N R M G C G C G C V C V C P R P R V C R L G C V C R C V C M C M C R M V C V C V C M C R L R L R M T h e V i l l a g e i n s e t A v e n u e 5 2 A v e n u e 5 0 W a s h i n g t o n S t . A v e n u e B e r m u d a s C a l l e T a m p i c o E i s e n h o w e r D r . July 2016 C i t y o f L a Q u i n t a O f f i c i a l Z o n i n g M a p Monroe StJackson StVan Buren St 5 4 t h A v e 58th Ave 60th Ave 4 8 t h A v e H i g h w a y 1 1 1 F r e d W a r i n g D r 5 0 t h A v e n u e W a s h i n g t o n S t . E i s e n h o w e r D r . L e g e n d R E S I D E N T I A L V e r y L o w D e n s i t y R e s i d e n t i a l L o w D e n s i t y R e s i d e n t i a l M e d i u m D e n s i t y R e s i d e n t i a l M e d i u m H i g h D e n s i t y R e s i d e n t i a l H i g h D e n s i t y R e s i d e n t i a l C o v e R e s i d e n t i a l V I L L A G E C O M M E R C I A L V i l l a g e C o m m e r c i a l N O N R E S I D E N T I A L D I S T R I C T S R e g i o n a l C o m m e r c i a l C o m m u n i t y C o m m e r c i a l N e i g h b o r h o o d C o m m e r c i a l T o u r i s t C o m m e r c i a l C o m m e r c i a l P a r k O f f i c e C o m m e r c i a l M a j o r C o m m u n i t y F a c i l i t i e s I n d u s t r i a l S P E C I A L P U R P O S E D I S T R I C T S P a r k s a n d R e c r e a t i o n O p e n S p a c e G o l f C o u r s e F l o o d p l a i n S P E C I A L S Y M B O L S O v e r l a y A r e a s L o w D e n s i t y A g r i c u l t u r e / E q u e s t r i a n R e s i d e n t i a l O v e r l a y E q u e s t r i a n O v e r l a y C i t y L i m i t S p h e r e o f I n f l u e n c e a n d P l a n n i n g A r e a s R i v e r s i d e C o u n t y P a r c e l B o u n d a r i e s EXHIBIT B 559 560 Comparison of Coachella Valley City Parking Requirements City Retail Parking Requirements Cathedral City 1 space for each 250 sq. ft. of floor area Coachella 1 space for each 250 sq. ft. of gross floor area. Desert Hot Springs 1 space for each 250 sq. ft. of gross floor area Indian Wells 1 space for each 250 sq ft of gross floor area Indio 1 space for each 250 sq ft or one space of floor area. Minimum 5 spaces. La Quinta 1 space For each 200 sq ft GFA(less than 50,000 sq. ft.), for each 250 sq. GFA (50,000 sq. ft. and greater) Palm Desert 1 space for each 333 sq. ft., or 3 spaced per 1,000 sq. ft. (banks, drug, grocery stores) Palm Springs 1 space for each 300 sq. ft. (central business district)., for each 225 sq. ft. at shopping center Rancho Mirage 1 space for each 250 sq ft of gross floor area ATTACHMENT 1 561 Comparison of Coachella Valley City Parking Requirements City Restaurant Parking Requirements Cathedral City 1 space for each 250 sq ft within a shopping center or 150 sq ft not in a shopping center Coachella 1 space for each 45 sq ft of customer area, plus one for each 200 sq ft of noncustomer area. Desert Hot Springs 1 space for each 75 sq. ft. of gross floor area, 100 sq. ft. for drive-through/fast food Indian Wells 1 space for each 50 sq ft or one space for every 3 seats Indio 1 space for each 100 sq ft or one space for each 5 seats La Quinta 1 space for each 75 sq ft for sit down, 100 sq ft for drive-through/fast food, 150 sq ft for retail food with ancillary seating Palm Desert 1 space for each 125 sq ft or 8 per 1000 sq ft Palm Springs 1 space for each 35 sq. ft. gross floor area of customer area Rancho Mirage 1 space for each 80 sq ft of gross floor area 562 City of La Quinta CITY COUNCIL MEETING: September 20, 2016 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING ORDINANCE NO. 548 TO APPROVE A ZONE CHANGE, ADOPT RESOLUTION TO APPROVE ENVIRONMENTAL ASSESSMENT, SPECIFIC PLAN, SITE DEVELOPMENT PERMIT, AND TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 16 SINGLE-FAMILY HOMES ON 3.22 ACRES (VILLAS AT INDIAN SPRINGS) LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE, AND A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION A. Move to take up Ordinance No. 548 by title and number only and waive further reading. B. Move to introduce at first reading, Ordinance No. 548 amending the Zoning Map from Low Density Residential and Golf Course to Medium Density Residential for property identified as Assessor’s Parcel Nos. 600-080-001 through 009; 600-080- 041, -042 (ZC 2015-0001). C. Adopt a Resolution approving Environmental Assessment 2015-0002, Specific Plan 2015-0002, Site Development Permit 2015-0002 and Tentative Tract Map 2015- 0003 (TTM 36875), subject to the Findings and Conditions of Approval. EXECUTIVE SUMMARY  The western portion of this project site was previously developed as single-family homes, and the City purchased and demolished the homes as part of the widening of Jefferson Street several years ago.  The applicant is purchasing these parcels, and combining them with land he owns to the east to create a single-family dwelling neighborhood on a single cul-de-sac (Attachment 1).  The applications include a Zone Change to Medium Density Residential, a Specific Plan to allow for variations from the City’s Zoning standards, a Site Development Permit for the architecture and landscaping of the homes, and a Tentative Tract Map to subdivide the land into 16 single-family lots. FISCAL IMPACT – None BACKGROUND The property consists of approximately 3.22 net acres that was originally part of the Westward Ho residential community (Attachment 2). The homes were purchased by the PUBLIC HEARING ITEM NO. 2 563 City and demolished to allow widening of Jefferson Street in 2006. The applicant entered into a purchase and sale agreement with the City in November 2014 to purchase these properties. A condition of the agreement requires the applicant to provide sewer connection for the existing Westward Isle condominiums, directly east of this project. In addition, the applicant is obtaining an easement from the Westward Isles Homeowners Association to use Palm Circle Drive, which is a private street, for access to this project. PROPOSAL & ANALYSIS Zone Change The project site is currently designated Medium High Density Residential in the General Plan. The Zoning is Low Density Residential and Golf Course. The project requires a Zone Change to be consistent with the General Plan, and to allow the development of the homes, which are proposed on lots smaller than the 7,200 square foot minimum required in the Low Density Residential zone. Specific Plan A Specific Plan has been prepared to address certain variations requested by the applicant from the City’s Medium Density Residential development standards (Attachment 3). The table below shows the proposed variations to the Medium Density Residential (RM) zoning standards; the RM Zone standards are listed first and the Villas specific Plan standards second: Rear yard Side yard Front yard Max Bldg Height Min Lot Size Garage Setback RM Zone Villas SP 15’ 10’ 5’ *5’ 20’ 15’ 28’ 17’ 5,000 s.f. 6,000 s.f. 20’ 15’ *A 2-foot side yard is applicable only to mechanical equipment (one side only) In addition, the Specific Plan provides for a setback encroachment of 2’ for architectural elements like building columns/supports. The current Code has provisions to allow similar encroachments for chimneys, stairwells, cantilevered ledges, balconies, etc. However, none of these provisions are specific to building columns. All other RM and Municipal Code development standards remain in place. Site Design The project takes access off of Palm Circle Drive, which is a private road easement that also provides access to the existing 28-unit Westward Isle condominium community. The site design incorporates 16 single-family lots that flank a proposed private cul-de-sac street, with an on-site retention basin located in the project’s southeast corner (Attachment 4; Sheet 1). No sidewalks, pedestrian-oriented amenities or common areas are proposed. 564 Architectural Design The architectural style proposed for this project is based on California Ranch style, and proposes three floor plans, each with 2 elevation variations (Attachment 4; Sheets A1.0 to A1.5). The plans range in size from 1,815 to 2,305 square feet, and are all single story homes with a height of 16 feet. Attachment 4 provides elevations and floor plans. Overall, the architecture is consistent with surrounding development. Landscaping The landscaping consists of preliminary planting plans for the project entry off Palm Circle, the individual units and the retention basin (Attachment 4; Sheets P-1 to P-3). The plant palette incorporates desert compatible species, such as Palo Brea and Acacia trees, along with shrubs such as Desert Marigold, Red Bird of Paradise and Lantana. The proposed landscape plans are compliant with the Governor's Executive Order on drought policy. Tentative Tract Map The Tentative Tract Map subdivides the property into 16 lots with a central cul-de-sac (Attachment 6). A small retention area is also proposed at the south end of the tract, although most stormwater on the site will discharge directly into the Coachella Valley Stormwater Channel, located immediately south of the site. The lots will be a minimum of 5,000 square feet. A condition of approval for the Site Development Permit and the Tentative Tract Map requires that all new parcels will be included in Landscape and Lighting District. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS On October 7, 2015, the Architectural and Landscaping Review Board reviewed and recommended approval of the proposed project. The Board recommended two additions to the conditions of approval, including photocell activation for outdoor lighting, and the addition of a direct pathway from each front door to the street and garage. On May 10, 2016, the Planning Commission held a public hearing (Attachment 7). The Planning Commission removed the condition for a direct pathway from each front door to the street, stating that the driveway provided sufficient access. The Commission also requested that wall details be provided, and that the applicant demonstrate that the required 8 guest parking spaces were available on the cul-de-sac. The wall detail has been provided in Attachment 5. The parking analysis is provided on the last page of Attachment 4. Both are consistent with the Planning Commission’s requests. Following the Planning Commission’s review, the applicant submitted applications for Airport Land Use Commission (ALUC) review, and the project was found consistent with the Bermuda Dunes Airport Land Use Plan on July 14, 2016. ALUC included conditions of approval to the Tentative Tract Map, which have been added to the City’s conditions. ENVIRONMENTAL REVIEW The Planning Division prepared Environmental Assessment 2015-0002 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Initial Study was distributed to the responsible agencies. The Initial Study is attached 565 as Exhibit A of the Resolution. No comments were received during and after the 20-day comment period. The Design and Development Department has determined that although the proposed project could have had a significant effect on the environment, these effects were mitigated through revisions the developer has agreed to make and incorporate into project design. ALTERNATIVES Alternative actions include denying the project, or discussion and incorporation of any project adjustments. Prepared by: Nicole Sauviat Criste, Consulting Planner Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Project Information 2. Project Area Site Map 3. Specific Plan 4. Site Development Permit Plan Set 5. Perimeter Wall Cross Section Exhibit 6. Tentative Tract Map 36875 7. Minutes from May 10, 2016 Planning Commission meeting 566 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP FROM LOW DENSITY RESIDENTIAL AND GOLF COURSE TO MEDIUM DENSITY RESIDENTIAL FOR ASSESSOR’S PARCEL NOS. 600-080-001 THROUGH 009; 600-080-041, -042 WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of September 2016, hold a duly noticed public hearing for review of a request by Desert Land Holdings to amend the zoning map to Medium Density Residential for Assessor’s Parcel Nos. 600-080-001 thru 009; 600-080-041, -042 ; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10th day of May, 2016, hold a duly noticed Public Hearing for review of Zone Change 2015-0002 to amend the zoning map to Medium Density Residential for Assessor’s Parcel Nos. 600-080-001 thru 009; 600-080-041, -042; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2016-007 to recommend to the City Council adoption of said Zone Change; and, WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Planning Division has prepared Environmental Assessment 2015-0002 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Division has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper, and mailed notice of the hearing to all property owners within 500 feet of the project on September 9, 2016, 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, the City Council did make the following mandatory findings to justify adoption of said Zone Change: 1. Consistency with General Plan The Zone Change is consistent with the goals, objectives and policies of the General Plan. The project is consistent with the General Plan land use 567 Ordinance No. ___ Zone Change 2015-0002 Desert Land Holdings Adopted: Page 2 of 3 designation of Medium High Density Residential, and the Zone Change will bring the Zoning Map into consistency with the General Plan. 2. Public Welfare Approval of the Zone Change will not create conditions materially detrimental to the public health, safety and general welfare. The amendment results in the development of 16 homes under the Medium Density Residential Zone, consistent with the planned use under the General Plan. 3. Land Use Compatibility The proposed Specific Plan incorporates a land use that is compatible with zoning on adjacent properties. The design regulations specified in the Specific Plan will result in small lot single-family homes adjacent to a medium density condominium project. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is flat, vacant, and the area is served by all necessary public services and utilities. The development of the Specific Plan will result in the installation of a sewer line that will allow connection to sewer for adjacent condominium development. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated; a Mitigated Negative Declaration and accompanying Mitigation Monitoring Program have been prepared. SECTION 3. That the City Council does hereby approve Zone Change 2015-0002, as set forth in attached Exhibit “A,” for the reasons set forth in this Ordinance. SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City 568 Ordinance No. ___ Zone Change 2015-0002 Desert Land Holdings Adopted: Page 3 of 3 Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 20th day of September, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _____________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 569 570 EXHIBIT "A" ZONE CHANGE 2015-0001 LOW DENSITY RESIDENTIAL GOLF COURSE PROPOSED ZONING DESIGNATION: MEDIUM DENSITY RESIDENTIAL CURRENT ZONING DESIGNATION: GC GCRL FP JE F F E R S O N S T R E E T FIESTA DRIVE GC FP JE F F E R S O N S T R E E T FIESTA DRIVE RM 571 572 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 2015-0002, ZONE CHANGE 2015-0001, SPECIFIC PLAN 2015-0002, SITE DEVELOPMENT PERMIT 2015-0002, AND TENTATIVE TRACT MAP 2015-0003 FOR THE DEVELOPMENT OF 16 SINGLE-FAMILY HOMES ON A 3.22 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) APPLICANT: DESERT LAND HOLDINGS, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of September, 2016, hold a duly noticed Public Hearing to consider a request by Desert Land Holdings for approval of a 16 home single-family project on a 3.22 acre lot at the southeast corner of Jefferson Street and Palm Circle Drive, more particularly described as: APN: 600-080-001 thru 009; 600-080-041, 042 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 9, 2016 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Environmental Assessment 2015-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Environmental Assessment [Exhibit A]: 1. As conditioned, proposed application will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2015-0002. 573 RESOLUTION NO. 2016 - VILLAS AT INDIAN SPRINGS ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) Adopted: Page 2 of 7 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Potential impacts can be mitigated to a less than significant level. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The construction of 16 single-family homes will not have considerable cumulative impacts. 5. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Impacts associated with noise and air quality will be less than significant. Zone Change 2015-0001 WHEREAS, per SB-18 and AB-52 consultation requirements, the Design and Development Department has forwarded information regarding the proposed Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; 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 City Council did make the following mandatory findings: 574 RESOLUTION NO. 2016 - VILLAS AT INDIAN SPRINGS ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) Adopted: Page 3 of 7 1. Consistency with General Plan The Zone Change is consistent with the goals, objectives and policies of the General Plan. The project is consistent with the General Plan land use designation of Medium High Density Residential, and the Zone Change will bring the Zoning Map into consistency with the General Plan. 2. Public Welfare Approval of the Zone Change will not create conditions materially detrimental to the public health, safety and general welfare. The amendment results in the development of 16 homes under the Medium Density Residential Zone, consistent with the planned use under the General Plan. 3. Land Use Compatibility The proposed Specific Plan incorporates a land use that is compatible with zoning on adjacent properties. The design regulations specified in the Specific Plan will result in small lot single-family homes adjacent to a medium density condominium project. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is flat, vacant, and the area is served by all necessary public services and utilities. The development of the Specific Plan will result in the installation of a sewer line that will allow connection to sewer for adjacent condominium development. Specific Plan 2015-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan: 1. Consistency with General Plan The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that it will result in the development of single-family homes on a small parcel at a density permitted in the Medium High Density Residential land use designation. 575 RESOLUTION NO. 2016 - VILLAS AT INDIAN SPRINGS ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) Adopted: Page 4 of 7 2. Public Welfare Approval of the proposed Specific Plan will not create conditions materially detrimental to public health, safety and general welfare. The Design and Development Department has prepared Environmental Assessment 2015- 0002 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 3. Land Use Compatibility The proposed Specific Plan incorporates a land use that is compatible with zoning on adjacent properties. The design regulations specified in the Specific Plan will result in small lot single-family homes adjacent to a medium density condominium project. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is flat, vacant, and the area is served by all necessary public services and utilities. The development of the Specific Plan will result in the installation of a sewer line that will allow connection to sewer for adjacent condominium development. Site Development Permit 2015-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of Medium High Density Residential. The City’s General Plan policies relating to Medium High Density Residential include small lot single- family homes. 576 RESOLUTION NO. 2016 - VILLAS AT INDIAN SPRINGS ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) Adopted: Page 5 of 7 2. Consistency with Zoning Code and Specific Plan The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and the Specific Plan, in terms of site plan and landscaping. The site development permit has been conditioned to ensure compliance with the Specific Plan standards for lot size and setbacks. 3. Compliance with California Environmental Quality Act The Design and Development Department has prepared Environmental Assessment 2015-0002 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. Architectural Design The proposed homes, as conditioned, are consistent with the Specific Plan and Zoning Ordinance, and with development in the surrounding area. 5. Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The proposed perimeter wall along with landscape improvements are designed and sized to provide visual appeal while adequately screening the project from public view. Tentative Tract Map 2015-0003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council 577 RESOLUTION NO. 2016 - VILLAS AT INDIAN SPRINGS ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) Adopted: Page 6 of 7 did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Tract Map 36875 is consistent with the La Quinta General Plan, and Specific Plan 2015-0002 as proposed. The Tract Map is consistent with the Medium Density Residential land use designation as set forth in the General Plan, and as set forth in Specific Plan 2015-0002. 2. The design and improvement of Tentative Tract Map 36875 is consistent with the La Quinta General Plan, and Specific Plan 2015-0002 with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created herein. The project density is consistent with the La Quinta General Plan and Specific Plan 2015- 0002, and is comparable to surrounding residential development. 3. The design of Tentative Tract Map 36875 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department has prepared Environmental Assessment 2015- 0002 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. The design of Tentative Tract Map 36875 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The design and improvements required for Tentative Tract Map 36875 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. 578 RESOLUTION NO. 2016 - VILLAS AT INDIAN SPRINGS ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) Adopted: Page 7 of 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the City Council does hereby approve Environmental Assessment 2015-0002, Zone Change 2015-0001, Specific Plan 2015-0002, Site Development Permit 2015-0002, and Tentative Tract Map 2015-0003. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 20th day of September, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 579 580 CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 Phone: (760) 777-7000 ENVIRONMENTAL INITIAL STUDY Project Title: Villas at Indian Springs Case No: Zone Change 2015-0001, Specific Plan 2015-0002; Site Development Permit 2015-0002, Tentative Tract Map 36875/2015-0003 Lead Agency City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (760) 777-7125 Applicant: Global Development, Inc. 75161 Sego Lane, E-3 Palm Desert, CA, 92211 (760) 834-8278 Contact Person: Nicole Sauviat Criste, Consulting Planner, City of La Quinta (760) 777-7132 Project Location: SE Corner of Jefferson Street and Palm Circle Drive La Quinta, CA 92253 APN: 600-080-001 thru 009; 600-080-041, 042 General Plan/Zoning: Current: Medium-High Density Residential / Low Density Residential and Golf Course Proposed: Medium-High Density Residential / Medium Density Residential Surrounding Land Uses: North: Golf Course and related uses (vacant snack shack) South: Flood Plain/Open Space (CVWD channel) East: Medium Density Residential (condominiums) West: Jefferson Street, Golf Course & Low Density Residential EXHIBIT A 581 Villas at Indian Springs IS/MND March 2016 -2- Project Description: The property proposed for development consists of approximately 3.22 net acres that was originally part of the Westward Ho residential community (Exhibit 1). The site once contained several residences and a portion of the golf course, which were established beginning in the early 1970’s. The homes were subsequently purchased by the City and demolished to allow construction of the Jefferson Street bridge in 2006. The applicant entered into a purchase and sale agreement with the City in November 2014 (Agreement 2014-1023; Resolution 2014-058), to purchase the properties. A condition of the agreement requires the applicant to provide sewer connection for the existing Westward Isle condominiums, directly east of the project. In addition, applicant is obtaining an easement from the Westward Isles HOA to use Palm Circle Drive for access to his project. The City is currently processing development applications (Specific Plan, Zone Change, Tentative Tract Map, Site Development Permit) proposing to subdivide the 3.22 acre (net) site into 16 single-family lots (Exhibit 2). The project also includes a small retention basin designed based on allowing project storm flows to be directed to the existing CVWD channel immediately south. Other Required Public Agency Approvals: CVWD (stormwater discharge to Whitewater Channel) 582 Villas at Indian Springs IS/MND March 2016 -3- Exhibit 1: Site Location 583 Villas at Indian Springs IS/MND March 2016 -4- Exhibit 2: Project Site Plan THE VILLAS AT INDIAN SPRINGS NO SCALE 584 Villas at Indian Springs IS/MND March 2016 -5- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation/Traffic Utilities / Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date 585 Villas at Indian Springs IS/MND March 2016 -6- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other 586 Villas at Indian Springs IS/MND March 2016 -7- sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 587 Villas at Indian Springs IS/MND March 2016 -8- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Source: 2035 General Plan, La Quinta Municipal Code, project materials, aerial maps. I. a-c) No Impact. Properties in the project vicinity generally enjoy views of the Santa Rosa Mountains located to the west and southwest. The site is not located near an existing or proposed state scenic highway and there are no scenic resources, rock outcroppings, or historical buildings located onsite. However, Jefferson Street is designated as an Image Corridor in the 2035 General Plan, with development limited to one-story within 150 feet of the ultimate right-of-way. As such, the project is required to provide enhanced landscaped parkway area. The proposed project Specific Plan and tentative map does not include the existing 40-foot wide landscaped parkway along Jefferson Street, which was constructed by the City and exceeds the current applicable General Plan and Development Code standards. The proposed project will include single family homes at one story, with the three proposed plans no taller than 16 feet in height. The limitation of the project to single story development will reduce the appearance of density, further limiting the potential for aesthetic impacts associated with the project. The residential, low intensity character of the project will serve to limit visual impacts associated with the project itself. The overall aesthetic impacts from development of the site are expected to be insignificant. There are no significant scenic resources on the site. Impacts associated with scenic resources are expected to be insignificant. d) Less than Significant Impact. Construction of the proposed project will generate light and glare primarily from landscape lighting, safety and security lighting on building exteriors, and vehicles accessing the site. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Further, residential lighting is generally limited, and of low intensity. All project lighting will be required to comply with Section 9.100.150 (Outdoor Lighting) and other applicable sections of the Municipal Code. More detailed review during final landscape and lighting 588 Villas at Indian Springs IS/MND March 2016 -9- plan review will occur during the plan check process. The City standards, combined with the nature of the land use proposed, will assure that impacts are less than significant. Mitigation Measures: None Monitoring: None 589 Villas at Indian Springs IS/MND March 2016 -10- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Source: 2035 General Plan, California Department of Conservation Farmland Mapping, project materials. II. a-c)No Impact. The project site is surrounded by lands approved for and developed as single family residential development and golf course use. The site itself was historically used for homesites and golf course use until around 2004 when the homes were demolished. The site is located in an urbanized area of the City, and is not currently under Williamson Act contract, nor are any surrounding properties. It is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide or Local Importance by the California Department of Conservation on current Important Farmland mapping. The project will not conflict with zoning for agricultural use or a Williamson Act contract, nor will it involve other changes that could result in the conversion of farmland to non-agricultural uses. No impact is expected. Mitigation Measures: None Monitoring: None 590 Villas at Indian Springs IS/MND March 2016 -11- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Source: La Quinta General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012 Air Quality Management Plan; CalEEMod Version 2013.2.2 III. a) Less than Significant Impact. The Coachella Valley is located within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air pollutant concentrations and establishing management policies for the SSAB. All development within the SSAB is subject to SCAQMD’s 2012 Air Quality Management Plan (2012 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The project will be developed in accordance with all applicable air quality management plans. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The project will result in the development of 16 single- family residential units on lands currently designated in part for “open space” (Golf Course zoning). Although the proposed project will increase the current development intensity of the site, the project is consistent with surrounding land uses and will not pose a significant conflict with current operations. Given its location adjacent to existing neighborhoods and limited scope, the project is consistent with the intent of the AQMP. Impacts associated with compliance with applicable management plans will be less than significant. b) Less than Significant Impact. Criteria air pollutants will be released during both the construction and operational phases of the proposed project. The California 591 Villas at Indian Springs IS/MND March 2016 -12- Emissions Estimator Model (CalEEMod) Version 2013.2.2 was used to project air quality emissions that will be generated by the project. Table 1 summarizes short- term construction-related emissions, and Table 2 summarizes ongoing emissions generated at operation. Construction Emissions The construction period includes all aspects of project development, including site preparation, grading, hauling, paving, building construction, and application of architectural coatings. For analysis purposes, it is assumed that construction will occur over a 9-month period from March 2016 through December 2016. This is a conservative assumption, as buildout may realistically be gradual and extend past one year. As shown in Table 1, emissions generated by construction activities will not exceed any SCAQMD thresholds of significance for criteria air pollutants. The data reflect average daily emissions over the 9-month construction period, including summer and winter weather conditions. The analysis assumes there will be a net balance of soils on-site, requiring no material import or export. Applicable best management practices and construction emissions minimization measures include, but are not limited to, the implementation of dust control practices in conformance with SCQAMD Rule 403, proper maintenance and limited idling of heavy equipment, phasing application of architectural coatings and the use of low-polluting architectural paint and coatings. Adherence to such measures will ensure construction related emissions would remain less than significant. Table 1 Villas at Indian Springs Maximum Daily Construction-Related Emissions Summary (pounds per day) Construction Emissions1 CO NOx ROG SO2 PM10 PM2.5 2016 28.96 38.53 29.26 0.03 14.23 8.54 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No 1 Average of winter and summer unmitigated emissions. Source: CalEEMod model, version 2013.2.2 output tables generated 1.12.16. Operational Emissions Operational emissions are ongoing emissions that will occur over the life of the project. They include area source emissions, emissions from energy demand (electric and natural gas), and mobile source (vehicle) emissions. Table 2 provides a summary of projected emissions at operation of the proposed project. 592 Villas at Indian Springs IS/MND March 2016 -13- Table 2 Villas at Indian Springs Operation-Related Emissions Summary (pounds per day) CO NOx ROG SO2 PM10 PM2.5 Operational Emissions1 8.82 1.94 3.19 0.01 0.82 0.26 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No 1 Average of winter and summer emissions, unmitigated, 2017. Source: CalEEMod model, version 2013.2.2 output tables generated 1.12.16. As shown in Table 2, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants. The data are conservative and reflect unmitigated operations; implementation of standard reduction measures will further reduce pollutant emissions. These include, but are not limited to, the use of low-VOC architectural paints and coatings in accordance with SCAQMD Rule 1113 and energy-efficient appliances. c) Less than Significant Impact. Historically, the Coachella Valley, in which the project site is located, has been classified as a “non-attainment” area for PM10 and ozone. In order to achieve attainment in the region, the 2003 Coachella Valley PM10 Management Plan was adopted, which established strict standards for dust management for development proposals. The Salton Sea Air Basin (SSAB) is currently (January 2016) a non-attainment area for PM10 and is classified as attainment/unclassifiable for PM2.5. The proposed project will contribute to an incremental increase in regional ozone and PM10 emissions. However, given its limited size and scope, cumulative impacts are not expected to be considerable. Under mitigated conditions set forth in this analysis, project construction and operation emissions will not exceed SCAQMD thresholds for PM10 or ozone precursors (NOx). The project will not conflict with any attainment plans and will result in less than significant impacts. d) Less than Significant Impact. The nearest sensitive receptors are single-family condominiums immediately along the east side of the project site, which are within approximately 30 feet of the project site building pads. To determine if the proposed project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look-Up Table was used. The City of La Quinta and subject property are located within Source Receptor Area 30 (Coachella Valley). Given the project’s size and proximity to existing housing, the 2-acre site tables at a distance of 25 meters were used. Table 3 shows on-site emission concentrations for project construction and the associated LST. As shown in the table, LSTs will not be exceeded under 593 Villas at Indian Springs IS/MND March 2016 -14- unmitigated conditions for CO and NOx. PM10 and PM2.5 will not exceed LST thresholds under mitigated conditions, which include best management practices and standard dust control measures (SCAQMD Rule 403). The City requires the preparation of dust management plans in conjunction with grading permits. With implementation of the City’s standard requirement, therefore, air quality impacts to nearby sensitive receptors will be less than significant. Table 3 Villas at Indian Springs Localized Significance Thresholds (pounds per day) CO NOx PM10* PM2.5* Construction 28.96 38.53 6.65 4.37 LST Threshold 1,299 191 7 5 Exceed? No No No No Emission Source: CalEEMod model, version 2013.2.2 output tables generated 1.12.16. LST Threshold Source: LST Mass Rate Look-up Table, SCAQMD. *Shows mitigated emissions for PM10 and PM2.5. e) Less than Significant Impact. The proposed project is not expected to generate objectionable odors during any of the phases of construction or at project buildout. The proposed project has the potential to result in short term odors associated with paving and other construction activities. However any such odors would be quickly dispersed below detectable thresholds as distance from the construction site increases. Therefore, impacts from objectionable odors are expected to be less than significant. 594 Villas at Indian Springs IS/MND March 2016 -15- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Source: 2035 General Plan, Coachella Valley MSHCP, LQMC, aerial maps, project materials. IV. a) Less than Significant Impact. The subject property has been previously disturbed during development of the original homes and golf course in the 1970’s, demolition of those same uses, and subsequent activities associated with development of the existing Jefferson Street bridge project. It is not located in an area identified as having potential habitat for any sensitive species. Other than a few tree stands, no significant native vegetation or habitat features are located onsite. Significant landscape vegetation is limited to existing desertscape plantings in a 40-foot wide 595 Villas at Indian Springs IS/MND March 2016 -16- landscape parkway along the Jefferson Street project frontage. The site is located outside of habitat areas where special status species have been documented and areas where species-specific studies are required. The proposed project will result in redevelopment of the site, which is currently barren of any unmanaged vegetation, and the addition of new landscaping materials. Given the previous disturbed nature of the site and existing urbanized development in its immediate surroundings, the project is not expected to result in direct or indirect impacts that would adversely affect a special status biological species. b,c) No Impact. The project site is located in a developed and highly disturbed area and there are no riparian habitats or wetlands located on the site. The proposed project will have no impact on riparian species or habitat, wetlands or other sensitive natural communities, including marshes or vernal pools, or through direct removal, filling, or hydrological interruption of a natural drainage. d) Less Than Significant with Mitigation. The subject property does not serve as a wildlife movement corridor for any native resident or migratory fish or wildlife species, or as a native wildlife nursery site. The subject property is bordered on all sides by urban development. The site may offer limited nesting sites for birds protected by the international Migratory Bird Treaty Act (MBTA). To comply with the MBTA, any vegetation or tree removal, or other ground disturbing activities occurring between January 1 to August 31 with the potential to impact nesting birds shall require a qualified biologist to conduct a nesting bird survey to determine if there is a potential impact to such species. Conducting construction activities outside of the breeding season (September 1 to March 1) can avoid having to implement such measures. If active nests of any native bird are found onsite, they will be avoided until after the young have fledged. Compliance with the MBTA will ensure impacts to sensitive species are reduced to less than significant levels. All projects are required under the General Plan (Policy BIO-1.4) to comply with the Migratory Bird Treaty Act (MBTA), and will be required to determine if active bird nesting is occurring if vegetation removal will take place between January and September. e) No Impact. The proposed project will not conflict with any local ordinances protecting biological species and will be required to comply with the landscaping and other appropriate requirements of the Municipal Code. f) No Impact. The City of La Quinta has adopted the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). As a result, the City is required to implement a Local Development Mitigation Fee (LDMF) for projects located within the CVMSHCP plan area. Although the proposed project site is not within a designated conservation area, as defined in the Plan, it is located with the general Plan boundaries, and the developer will be required to pay LDMF. These fees are designed to offset potential impacts of cumulative projects on covered biological 596 Villas at Indian Springs IS/MND March 2016 -17- species, and assure that impacts are reduced throughout the Valley and City to less than significant levels. Mitigation: 1. To comply with the MBTA, any vegetation or tree removal, or other ground disturbing activities occurring between January 1st and August 31st with the potential to impact nesting birds shall require a qualified biologist to conduct a nesting bird survey to determine if there is a potential impact to such species. All vegetation and suitable nesting habitat (including open ground) on the project site, whether or not it will be removed or disturbed, shall be surveyed for nesting birds. If no nests are present, this condition will be cleared. Conducting construction activities outside the breeding season (September 1st through December 31st) can avoid having to implement these measures. If active nests of any native bird are found on site, they will be avoided until after the young have fledged. Monitoring: A. The City’s Planning Division shall assure that necessary nesting bird surveys are completed in compliance with the Migratory Bird Treaty Act and applicable protocol. Responsible Parties: Planning Division Schedule: Between January 1st to August 31st and no more than 30 days prior to site disturbance. 597 Villas at Indian Springs IS/MND March 2016 -18- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X Sources: Historical/Archaeological Resources Survey Report; Cultural Resources Sensitivity Review; 2035 General Plan, project materials; Agua Caliente Band of Cahuilla Indians, letters dated 10/27/15 & 2/3/16. V. a,b) Less Than Significant Impact with Mitigation. A cultural resource survey was prepared for the proposed project 1. The project proponent originally prepared a resource records literature search in June 2015, which was sent to the Agua Caliente Band of Cahuilla Indians (ACBCI) for review under AB 52 requirements. ACBCI responded, requesting an on-site field review, hence the referenced field survey was provided by the applicant. Therefore, site assessment included both records searches of available maps and reports, and a field investigation have been completed. The records search determined that the site was not previously surveyed. However, nearly 100 prior studies have historically been conducted within one mile of the project site. These studies identified large concentrations of recorded prehistoric sites in the project area, some of which are considered highly significant. Based on the records search, the City’s Historic Preservation Commission (HPC) recommended inclusion of the record search recommendations in August 2015. Subsequent to this, ACBCI reviewed the records search report and requested the field survey. The field survey was prepared in December 2015 and showed no potential for cultural resources on the site. CRM Tech concluded that the proposed project will not cause a substantial adverse change to any known historic resource, no further cultural resource investigation is necessary. However, the survey states that due to the area sensitivity for cultural resources as identified in the record search, there is potential for subsurface resources to be unearthed during construction, and recommends that an archaeological monitoring program, as identified in the 1 “Historical/Archaeological Resources Survey – Indian Springs Villas Project”, prepared by CRM Tech, 12/9/15. 598 Villas at Indian Springs IS/MND March 2016 -19- records search review, be implemented. ACBCI has also requested the presence of an approved Native American Cultural Resource Monitor during any ground disturbing activities. c) Less Than Significant Impact. A paleontological resource report was not prepared for the proposed project. The site is not in an area identified as high sensitivity for such resources (Undetermined – Dune sand) in the General Plan (Figure III-5). In addition, activity associated with demolition of previous structures, combined with construction of the Jefferson Street bridge, indicate that any potential for paleontological resources would be too negligible to warrant further study. d) No Impact. It is not anticipated that any human remains will be encountered during construction of the proposed project because the site and surrounding area have been previously disturbed to accommodate development. However, should any previously unidentified or unanticipated human remains be discovered during project construction, state law requires that law enforcement be contacted, and the remains removed in a prescribed manner. Mitigation: 1. An archaeological monitoring program, as identified in the records search review, shall be implemented. The monitoring program shall consist of the following: a. All disturbances of native soils shall be monitored by a qualified archaeologist that meets the Secretary of Interior's standards, and include an approved Native American Cultural Resource Monitor(s). When cultural materials over 50 years old are encountered, they need to be field-recorded and evaluated. The monitor shall be prepared to quickly recover any artifacts as they are unearthed to avoid construction delays. If a substantial cultural deposit is encountered, the monitor must have authority to temporarily halt or divert construction activities in the affected area(s) to aloe for controlled removal. b. Onsite monitoring shall be coordinated with the Agua Caliente Band of Cahuilla Indians. Before ground disturbing activities begin the developer shall contact the Tribal Historic Preservation Office at 760-699-6907 to arrange cultural monitoring. The monitoring program shall be submitted to the Agua Caliente Tribal Historic Preservation Office for review and acceptance. c. If human remains or possible human remains are encountered, construction activities in the immediate vicinity shall be halted, and the Riverside County Coroner’s office shall be contacted immediately, pursuant to state law. d. Collected archaeological artifacts shall be properly prepared for long term curation, meeting the Secretary of Interior Standards and Guidelines for curation, and shall be properly curated at a curation facility meeting 599 Villas at Indian Springs IS/MND March 2016 -20- Secretary of Interior Standards and Guidelines for curation prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. e. Site records that incorporate the artifacts encountered during monitoring shall be prepared and submitted to the Eastern Information Center (EIC) as a permanent record of the discovery. f. A report that documents the methods and results of the monitoring program, including an itemized inventory of recovered artifacts and a detailed artifact analysis, shall be prepared upon completion of the field work. The report shall include an interpretation of the cultural activities represented by the cultural remains and a discussion of the significance of all recovered cultural material. g. The submittal of the report to the Design and Development Department shall occur prior to the issuance of the first Certificate of Occupancy/building final for the project. The report shall include an appended itemized inventory of specimens and pertinent discussions of the significance of all recovered resources where appropriate. The report, when submitted to the City, will signify completion of the monitoring program. Monitoring: A. The City’s Planning Division shall review and accept the proposed monitoring program(s) and assure that necessary contracts are in place. Responsible Parties: Planning Division Schedule: Prior to mass grading, trenching or other comparable site disturbance. 600 Villas at Indian Springs IS/MND March 2016 -21- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on expansive soil, as defined in Section 1803.5.3 of the Uniform Building Code (2013), creating substantial risks to life or property? X d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X Sources: 2035 General Plan; project materials; “Geotechnical Investigation: Proposed Residential Subdivision…TT 36875…,” Sladden Engineering, February 2015 VI. a) A Geotechnical Assessment for the proposed Villas at Indian Springs project was prepared by Sladden Engineering in February 2015. i, ii Less Than Significant Impact. The subject property is not located within a currently delineated Alquist-Priolo Earthquake Fault Zone, and no known faults are mapped in the immediate vicinity of the site, nor were signs of any active surface faulting observed on the site. Development of the proposed project will not expose people or structures to direct hazards associated with fault rupture; however, the site is located in a seismically active region and will likely experience strong seismic shaking during the design life of the project. The closest active fault to the subject property is the San Andreas Fault, approximately 4.6 miles northeast of the site3. The property is likely to experience moderate to severe ground shaking from earthquakes originating on this and/or other local and regional faults. Earthquake- resistant construction methods prescribed by the Building Code will be 601 Villas at Indian Springs IS/MND March 2016 -22- implemented to minimize potential structural damage. At a minimum, seismic design will be required to comply with the most recent version of the California Building Code (CBC). iii. Less Than Significant Impact. The geotechnical investigation indicates that the project site and its vicinity are subject to moderate liquefaction potential. Based on groundwater mapping and the preparer’s knowledge of the project vicinity, risk associated with liquefaction and its related hazards are considered negligible. While the surface soils consist of artificial fill to 3-4 feet in depth, underlying native materials consist of sandy silt, characterized by fine-grained granular sediments that are normally susceptible to liquefaction; however, borings were taken up to 51.5 feet and no groundwater was encountered. The site is located in an area that is susceptible to high levels of ground shaking and may result in localized impacts related to liquefaction around saturated foundations or other load-carrying structures. Results from the investigation indicate that the site is somewhat susceptible to seismically induced settlement, with settlement expected to be less than one inch, and should not be a factor in design of the project. The City will require a final geotechnical analysis in conjunction with the submittal of building plans for the site, to assure that any required remedial soil stabilization is implemented as part of the building permit process. The project is required to conform with the City Zoning, Development Code and the Uniform Building Code Standards at the time of construction, thus further reducing impacts related to seismically induced liquefaction. These City standards will assure that impacts associated with seismic hazards are reduced to less than significant levels. iv. No Impact. The subject property is generally level with no rock formations on or surrounding it. It is approximately 1.5 miles east of the nearest slopes of the Santa Rosa/Coral Reef Mountains. It is not susceptible to slope instability, including landslides, rock falls, or soil slumps. The proposed project will not expose people or structures to hazards associated with slope instability. b) Less than Significant Impact. Development of the proposed project is not expected to result in significant soil erosion or loss of topsoil. Nonetheless, the property is located in an area with a high to very high wind erosion, and some erosion could occur during project construction. A dust management plan will be part of the standard requirements imposed through conditions of approval to minimize fugitive dust generated during the building process (Chapter 6.16, LQMC). c) Less than Significant Impact. The subject property is generally underlain by Quaternary-age sand deposits (Qs), which have a low shrink/swell potential. The proposed project will not create substantial safety risks associated with expansive soils, as the near surface soils on site are non-expansive and fall within the “very low” expansion category in accordance with CBC classification criteria. 602 Villas at Indian Springs IS/MND March 2016 -23- d) No Impact. The proposed project will connect to existing sewer lines, and no alternative waste water disposal systems are proposed or required. The project site is within the service area of the Coachella Valley Water District, and all facilities will be required to connect to existing sanitary sewer services. Mitigation: None required. Monitoring: None required. 603 Villas at Indian Springs IS/MND March 2016 -24- VII. GREENHOUSE GAS EMISSIONS -- Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Source: CalEEMod Version 2013.2.2, project materials. VII. a,b) Less than Significant Impact. The proposed project will generate greenhouse gas (GHG) emissions during both construction and operation. As mentioned in Section III (Air Quality), CalEEMod was used to quantify air quality emission projections, including greenhouse gas emissions. Construction related greenhouse gas emissions will be temporary and will end once the project is completed. Operation of the proposed project will create on-going greenhouse gases through the consumption of electricity and natural gas, moving sources, the transport and pumping of water for onsite use, and the disposal of solid waste. Table 4 provides projected short-term and annual GHG generation for the proposed project. Table 4 Villas at Indian Springs GHG Emissions from Construction and Operation (Metric Tons/Year) CO2 CH4 N2O CO2e Construction Activities 216.18 0.05 0.00 217.25 Operational Activities 281.92 0.29 0.01 288.79 CalEEMod model, version 2013.2.2 output tables generated 1.12.16. Values shown represent the total annual, unmitigated GHG emission projections for construction and operation of the proposed project, 2017. State legislation, including AB32, aims for the reduction of greenhouse gases to 1990 levels by 2020; however, there are currently no thresholds for greenhouse gases associated with residential developments. It is recognized that GHG impacts are intrinsically cumulative. As such, project construction and operation will be conducted in a manner that is consistent with applicable rules and regulation pertaining to the release and generation of GHG’s. Statewide programs and standards will further reduce GHG emissions generated by the project, including new fuel-efficient standards for cars, and newly adopted Building Code Title 24 standards. The proposed project will have a less than significant impact on the environment from the emission of GHG’s and will not conflict with any applicable GHG plans, policies or regulations. Mitigation: None required. Monitoring: None required. 604 Villas at Indian Springs IS/MND March 2016 -25- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact VIII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Source: 2035 General Plan, CA Department of Toxic Substances, project materials. VII.a,b) Less than Significant Impact. The development of the site is likely to result in the storage of cleaning materials for household use, pool maintenance, etc. These 605 Villas at Indian Springs IS/MND March 2016 -26- materials, however, are not expected to be hazardous, as they are not expected to be stored or transported in large quantities. There are no identified hazardous materials sites within the project area. Impacts associated with transportation, use or storage of these materials are expected to be less than significant. c) No Impact. The nearest schools to the proposed project are Amelia Earhart Elementary and John Glenn Middle Schools (approximately ½ mile northwest), and La Quinta High Scholl (approximately ½ mile west). The project is not located within a quarter mile of any school and is a similar land use and intensity as uses immediately adjacent to these schools, nor will it result in the emission or handling of hazardous materials of significance. d) No Impact. The project site is not located on or near a hazardous materials site as identified by the California Department of Toxic Substances Control. It will not create a significant hazard to the public or environment. e-f) No Impact. The project site is located approximately 2.25 miles south of the Bermuda Dunes Airport and 7.25 miles northwest of the Jacqueline Cochran Regional Airport. It is not located within an airport land use plan or within 2 miles of a public or private airport, and therefore, will not result in an aviation safety hazard for people working or residing in the area. g) No Impact. The proposed project will not physically interfere with emergency response or evacuation plans. Access to/from the site will be provided at 2 access points on the existing street grid (Avenue 54). The project will be required to comply with police and fire department regulations to assure adequate emergency access and vehicle turn-around space. No impacts are expected. h) No Impact. The subject property and immediate project vicinity encompass developed residential project areas and are approximately 4 miles from the nearest wildlands (Santa Rosa Mountains). According to CalFire fire hazard mapping, the subject property is not located within a fire hazard severity zone. The proposed project will not expose people or structures to a significant risk associated with wildfire hazards. Mitigation: None required. Monitoring: None required. 606 Villas at Indian Springs IS/MND March 2016 -27- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact IX. HYDROLOGY AND WATER QUALITY - - Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? X f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X g) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X Source: 2035 General Plan; “Preliminary WQMP for Villas at Indian Springs,” 1/4/2016 (revised); “Tentative Tract 36975, Preliminary Hydrology Report” 1/7/2016 (revised); CVWD drainage letter date 12/22/15. IX. a) No Impact. The proposed project will not violate any water quality standards or waste discharge requirements. The project proponent will be required to implement National Pollution Elimination System (NPDES) requirements for storm flows by preparing and implementing SWPPP and WQMP, as required. Project development will be connected to existing area sewer lines. Additionally, the applicant entered into a purchase and sale agreement with the city in November 2014 (AGR2014-0023; Resolution 2014-058), to purchase the remaining properties 607 Villas at Indian Springs IS/MND March 2016 -28- that housed the demolished homes. A condition of the agreement requires applicant to provide sewer connection for the existing Westward Isle condominiums, directly east of the project. Wastewater will be transported to and processed at CVWD’s Mid-Valley Water Reclamation Plant (WRP-4) in Thermal. CVWD implements all the requirements of the Regional Water Quality Control Board as they relate to wastewater discharge requirements and water quality standards. They have also provided written acceptance of the project drainage to the Whitewater channel. Therefore, the proposed project will have less than significant impact on water quality standards or waste discharge requirements. The City requires that all projects retain the 100-year storm on site; however, CVWD has provided written acceptance of the project’s storm discharge, with conditions. As a result 100-yr storm retention is not required of this project. The proposed project includes retention facilities to manage storm flows via drainage into an infiltration basin, which will include a Maxwell drywell, with the basin designed to accept the BMP treatment volume. When that volume is exceeded, excess flow will be piped via a catch basin to the channel. The design of these facilities must be approved by the City Engineer prior to the initiation of project construction. All hydrology improvements will also be required to comply with NPDES standards, to assure that no polluted storm water enters other surface waters either during construction or operation of the project. The project will implement Best Management Practices (BMPs) to address the management of pollutants of concern that may be generated onsite, as identified by the WQMP. A routine BMP maintenance program will be established to assure ongoing implementation. No further WQCB permits/approvals are required for the project. b) Less than Significant Impact. Domestic water will be supplied to the subject property by the Coachella Valley Water District (CVWD) through existing water infrastructure. CVWD has prepared an Urban Water Management Plan 2010 Update, which is a long-term planning document that helps CVWD plan for current and future water demands. The Plan demonstrates that CVWD has available, or can supply in the future, sufficient and reliable water supplies to serve future development in the project area. Water will be necessary for the proposed project during both the construction and operational phases. In the short-term, onsite water will be required during site grading as part of the dust mitigation program. Over the long-term, annual water consumption will be that required by a 16-lot residential subdivision. The project proposes to use drought-tolerant planting materials, with no turf to be used for the private or common areas. The residential units will be equipped with water efficient fixtures in compliance with Building Code requirements to minimize water consumption. The proposed project is consistent with the City’s General Plan and is therefore addressed in the UWMP. The UWMP demonstrates that CVWD has available, or can supply, sufficient water to serve the proposed project. Impacts on groundwater supplies and recharge are expected to be less than significant. 608 Villas at Indian Springs IS/MND March 2016 -29- c-e) Less than Significant Impact. The project will result in addition of impermeable hardscape onsite, which will increase surface runoff and somewhat alter the local drainage pattern, based on the design of the project. Existing runoff flows primarily south, into a small retention areas in the southeast corners of the site and ultimately to the CVWD channel on the project south side. The subject property does not contain any streams or rivers, though it does border the CVWD channel. The proposed project will not significantly change drainage patterns onsite or in the surrounding area. Compared to current conditions, the proposed project represents an increase in in impervious surfaces. Under the proposed project design, storm water runoff generated on site will surface flow on the local street system from the residential lots to the proposed basin and catch basin system. f-g) No Impact. The subject property is designated Zone X on FEMA’s Flood Insurance Rate Maps, which is defined as an area of moderate to low risk of flood hazard. It is also shown within an unprinted Flood Insurance Rate Map panel, indicating no special flood hazard. The proposed project will not place housing or other structures in a flood zone. Mitigation: None required. Monitoring: None required. 609 Villas at Indian Springs IS/MND March 2016 -30- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Sources: 2035 General Plan, 2003 CVMSHCP Figure 4-1: Conservation Areas; project materials. X. a) No Impact. The proposed project will not physically divide an established community. The site is a vacant 3+ acre ‘island’ that has been privately used and is physically separated from surrounding residential projects on its south, west and north sides. It abuts the Westward Isles condominium community to the east but does not gain access or otherwise encroach into the community. b) No Impact. The subject property is designated for “Medium/High Density Residential” purposes in the General Plan and zoned as “Low Density Residential” and “Golf Course” on the City Zoning Map. The proposed rezoning to Medium Density residential is consistent with the General Plan land use and will accommodate the project as proposed. The project also proposes a specific plan with relatively minor changes to City development standards, and will not conflict with any plans, policies, or regulations with jurisdiction over the project. c) No Impact. The project site is not located within any conservation areas as identified in the CVMSHCP. However, the property is within the general boundaries of the Plan. The City has adopted the CVMSHCP, and the project proponent will be required to pay the Local Development Mitigation Fee (LDMF) as mitigation for any potential impacts to sensitive biological species covered by the Plan. Fee payment will assure the project is consistent with MSHCP requirements. Mitigation: None required. Monitoring: None required. 610 Villas at Indian Springs IS/MND March 2016 -31- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Sources: 2035 General Plan, project materials. XI.a,b) No Impact. The proposed project will not result in the loss of availability of a locally or regionally important mineral resource. The California Department of Conservation Division of Mines and Geology has mapped the City’s mineral resources and designated the project site as “MRZ-1,” which represents areas where adequate geologic information indicates that no significant mineral deposits are present, or where it is judged that little likelihood for their presence exists. The subject property is designated for “Medium/High Density Residential” purposes in the General Plan and zoned as “Low Density Residential” and “Golf Course” on the City Zoning Map, which would not accommodate mineral resource recovery. Mitigation: None required Monitoring: None required 611 Villas at Indian Springs IS/MND March 2016 -32- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Source: 2035 General Plan Noise Element, LQMC, project materials, “Noise Impact Analysis Tract 36875” prepared by Urban Crossroads, 3/25/15. XII. a) Less than Significant With Mitigation. The City of La Quinta General Plan Noise Element provides community noise impact guidelines by land use designation. The current City noise standards for residential land uses allow noise levels of 65 dBA from 7am to 10pm, and 50 dBA from 10pm to 7am. The primary source of noise in the City and project area is traffic related. The main source of off-site exterior noise impacting the project will be generated from traffic along Jefferson Street. A noise impact analysis was required for this project, and uses the FHWA predictive modeling methodology based on adjacent roadway design capacity established in the La Quinta General Plan. The studies analyzed the potential noise impacts from Highway 111 and Jefferson Street traffic, based on roadway capacities outlined in the La Quinta General Plan. 612 Villas at Indian Springs IS/MND March 2016 -33- The study found that the project will be subject to short term (construction) and long term (operational) noise impacts which could be significant without mitigation. Outdoor noise levels associated with vehicular traffic adjacent to the project site have the potential to exceed the City’s standards for residential land uses without mitigation on Jefferson Street, where the 65 dBA CNEL threshold is expected to be exceeded at up to 71.5 dBA. Highway 111 will not impact the project as the highest unmitigated noise levels were projected at 54.5 dBA. There are 9 lots that back up along Jefferson Street that will be affected by potential impact from roadway noise. These lots would therefore have exterior noise levels in excess of the City’s standard of 65 dBA CNEL, without mitigation. The study recommendations for mitigation along Jefferson Street are for a six-foot noise barrier to be constructed. This is a typical component of residential projects and is included in the proposed project plans. Acoustical analysis will also be required to verify exterior and interior noise standard compliance during building plan check reviews. b, d) Less Than Significant Impact. Construction Noise Development of the proposed project will temporarily generate noise and groundbourne vibrations through construction related activities, but will cease once in operation. Impacts are therefore expected to be less than significant. The nearest sensitive receptors are the 28 Westward Isle residences (both existing and under construction), adjacent to the east. Construction noise is exempt from the noise standards set forth in Section 9.100.210 of the Zoning Ordinance; however, it is restricted to certain days of the week and times of day (Section 6.08.050). Adherence to these limitations will minimize construction-related impacts to less than significant levels. Operational Noise During the long-term operational phase (i.e. post-buildout condition), groundborne vibration will be non-existent or undetectable, and noise levels will be comparable to similar existing residential development in the project area. Principal noise sources will be from vehicles traveling along Jefferson Street, and general vehicle activity accessing the site (residents, deliveries, etc.). Limited noise may be emitted by onsite mechanical equipment, such as that associated with residential landscaping, and home improvement/repair. Given the similar residential development on adjacent properties, the project will not result in a perceptible permanent increase in ambient noise levels over existing conditions. It will be required to comply with the operational noise levels established in the Zoning Ordinance as those relate to residential property. e, f) No Impact. The project is located approximately 2.25 miles to the south of the Bermuda Dunes Municipal Airport. Several residential projects exist that are more 613 Villas at Indian Springs IS/MND March 2016 -34- proximate to this airport. The subject property is not located within an airport land use plan or within 2 miles of a public airport or private airstrip. The project will not expose people working or residing in the project area to excessive noise levels. Mitigation: 1. A six-foot high noise attenuation barrier, conforming to the recommended criteria of the approved noise impact analysis dated 3/25/15 and prepared by Urban Crossroads, shall be incorporated into the project. 2. An interior noise analysis shall be submitted with building plans for individual houses are submitted, to assure that all residential units shall have interior noise levels of 45 dBA CNEL, consistent with the recommended interior noise mitigation criteria of the of the approved noise impact analysis dated 3/25/15, prepared by Urban Crossroads. Monitoring: A. The City’s Planning and Building Divisions shall assure that necessary mitigation measures as identified are incorporated into the final building construction plans. Responsible Parties: Planning Division, Building Division Schedule: At time of building plan check submittal 614 Villas at Indian Springs IS/MND March 2016 -35- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XIII. POPULATION AND HOUSING – Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Source: Project materials, CA Dept. of Finance, Demographic Research Unit, Table 2: E-5 City/County Population and Housing Estimates, 1/1/2015. XIII. a-c) No Impact. The proposed project will result in the development of 16 detached single- family residential units. According to the California Department of Finance, the 2015 household size in La Quinta is 2.602 persons per household. Based on this factor, the project has the potential to add approximately 42 persons to the City’s population. Although the project will directly induce population growth, it is consistent with the natural growth occurring over time in the City, and is less dense than that planned for under the City’s General Plan. Impacts to population will be in significant. The proposed site is currently vacant and designated for medium/high density residential land uses. The project will not result in the loss or relocation of housing stock. Instead, the project will be adding 16 single-family units to the City’s housing stock. There will be no impact to housing. Mitigation: None required Monitoring: None required 2 “E-5 Population and Housing Estimates for Cities, Counties, and the State 2011-2014”, prepared by CA Dept. of Finance, accessed December 2015. 615 Villas at Indian Springs IS/MND March 2016 -36- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Source: 2035 General Plan, Google Earth, project materials. XIV. a) Less than Significant Impact Fire/Police Protection The County of Riverside Fire Department (RCFD) provides fire protection for the proposed project site. The proposed project will result in less than significant impacts on fire protection services. The subject property is easily accessible as the nearest RCFD/LQ fire station is located at 44555 Adams Street, approximately 2 miles northwest of the project site. Project development will be in accordance with all City Municipal Code and/or RCFD Fire Protection Standards to assure adequate fire safety and emergency response. The project will be required to pay development impact fees toward fire protection services at building permit issuance. Impacts will be less than significant. The City’s Civic Center Community Policing Office is located at 78495 Calle Tampico, approximately 3.75 miles southwest of the project site. The City contracts with the County Sheriff (RCSD) for police services. The addition of 16 single-family residential units will increase the need for police services for 42 additional persons; overall impact to police services is expected to be less than significant. The project vicinity is currently patrolled and will continue to be patrolled after project development. The site will be accessible from Jefferson Street, and project development will occur in accordance with City standards to assure adequate police protection. 616 Villas at Indian Springs IS/MND March 2016 -37- Schools, Parks, and other Public Facilities The proposed project will result in 16 single-family residences and will minimally increase student population. The proposed project is located within the Coachella Valley Unified School District (CVUSD) and will be required to pay the State mandated developer fee to help address and offset the potential impacts to local schools. Fees will be collected prior to the issuance of building permits. Each residential lot will have a private yard and there are no common recreational facilities proposed with the project. The project is not expected to measurably increase the use of existing neighborhood and regional parks or other recreational facilities. The proposed project will participate in the City’s parkland in-lieu fee program to offset impacts associated with parks generated by the 42 new residents of the project. Impacts are expected to be less than significant. Mitigation: None required Monitoring: None required 617 Villas at Indian Springs IS/MND March 2016 -38- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Sources: 2035 General Plan, project materials. XV. a) No Impact. Residents of La Quinta currently have access to 72 acres of parks, 147 acres of nature preserves containing recreational parkland areas, 845 acres of regional park, an 18-hole municipal golf course, and numerous other private and public recreational facilities. The City General Plan sets a requirement for providing a minimum of 5 acres per 1,000 population. When this standard is applied to the estimated General Plan buildout population, a total of 404 acres of neighborhood and community parks will be required to adequately serve the City and its sphere of influence. The development and improvements of the proposed project will not substantially increase the use of existing neighborhood and regional parks or other recreational facilities. Regardless, the addition of approximately 42 persons to the City population constitutes a minor incremental increase in recreational demand, given the availability of public recreational opportunities. The project will be required to pay the City parkland fees toward acquiring future off-site park lands. No direct impacts are expected. b) No Impact. The project includes no recreational amenities and is not perceived to any additional facility needs that are likely to create adverse environmental effects. Mitigation: None required Monitoring: None required 618 Villas at Indian Springs IS/MND March 2016 -39- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XVI. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Sources: 2035 General Plan, “Tentative Tract 36875 Traffic Memo,” Watson Engineering, April 2015); Project materials. Engineering Bulletin No. 06-13. XVI. a,b) No Impact. A brief traffic memorandum was prepared to evaluate existing conditions in the project area and future conditions associated with build out of the 619 Villas at Indian Springs IS/MND March 2016 -40- proposed project. The traffic memo evaluated the impacts of development of 15 single family homes. The traffic memo also included the 28 condominium units in the Westward Isle community, as both development will access Jefferson via Palm Circle Drive. The traffic study identified 30 peak hour trips combined, which is below the 50 peak-hour standard necessary to warrant a traffic study under City criteria. As Palm Circle Drive is and will remain restricted to right turns in and out only, the existing improvements are adequate to mitigate the additional project trips. c) No Impact. The project site is about 2 miles south of the nearest airport (Bermuda Dunes Municipal Airport). The project proposes single family homes and will not interfere with flight operations, although occasional over-flights occur in the area. No impact is anticipated. d) Less than Significant Impact. The proposed project is not expected to create hazardous design features or dangerous intersections. Based on the improvements in place, and design of the project to allow for a short widened taper before the entry off Palm Circle, the conditions at the site access point are expected to operate safely and may improve over current conditions. Impacts are expected to be less than significant. e) No Impact. Emergency vehicles will have unrestricted access into the site as the project will not include a gated entry. The Fire Department provided review comments on the project and did not identify any issues with equipment access. No impact is anticipated. f,g) No Impact. Parking will be provided consistent with the Specific Plan and Zoning Ordinance, as applicable. Parking for residential land uses is provided via private 2- car garages, as required by the City. Parking will be permitted on one side of the private street as well. No impact is anticipated. The site is not currently served by an existing transit route. However, the project is located along a major transportation facility in Jefferson Street, thereby providing alternative transportation access for pedestrians and bicycles. The project will not conflict with the City’s alternative transportation policies. No impact is expected. Mitigation: None required Monitoring: None required 620 Villas at Indian Springs IS/MND March 2016 -41- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Source: Project Materials; project hydroloigy study and WQMP previously cited. XVII. a) No Impact. Wastewater/stormwater discharge requirements for the Coachella Valley, including the subject property, are administered by the Colorado River Basin Regional Water Quality Control Board (WQCB); Whitewater River Watershed. The project will connect to existing sewer lines, and wastewater will be transported to and processed by the Coachella Valley Water District (CVWD) at its Water Reclamation Plant 4 (WRP-4) in Thermal. CVWD implements all the requirements of the WQCB as they relate to wastewater discharge and water quality. The project drainage system is composed of a retention, drywell and catch basins and drywell to adequately treat initial stormwater flows and convey the stormwater into the 621 Villas at Indian Springs IS/MND March 2016 -42- CVWD channel. These system components combine to contain debris, sediments and other pollutants that are trapped in initial storm flows. No additional WQCB permits or approvals are required for the project as the City requires 100% retention of local stormwater for projects. However, CVWD has granted written permission for the project to conditionally discharge storm flow above the 100-year storm, into the CVWD Whitewater Channel. b-e) Less than Significant Impact. Water and Wastewater The proposed project will require water and generate wastewater consistent with a 16-lot residential development. Although the project will incrementally increase wastewater flows to the CVWD treatment plant it will not adversely impact water quality standards or waste discharge requirements. The subject property falls within the jurisdiction of the Coachella Valley Water District (CVWD) for domestic water and wastewater treatment services. CVWD’s Water Management Plan 2010 Update (2012) demonstrates that the District has available, or can supply in the future, sufficient water to serve additional development in its service area. The water management plan includes a combination of continued groundwater extraction, conservation programs, additional water sources and source substitution, and groundwater recharge opportunities. The project will not require new or expanded water entitlements, and will actually conserve the potable aquifer through the lake system design, based on use of non-potable source water from the All-American canal. The average annual flow to WRP-4 is approximately 4.75 million gallons per day (mgd), but it has a capacity of 9.9 mgd. Therefore, the plant has more than sufficient capacity to serve additional development, including the relatively small proposed project. Given the comparatively small scale of the project, project-related impacts to water and wastewater supplies and services will be insignificant. Stormwater Drainage Compared to current conditions, the proposed project represents an increase in impervious surfaces. The proposed project includes retention and conveyance facilities to manage storm flows, designed to meet local stormwater retention requirements. Under the proposed project design, storm water runoff generated on site will surface flow on the local street system from the residential lots to the retention basin and CVWD channel. Runoff produced from the project is relatively minimal, and the project will not require the construction or expansion of stormwater management facilities. f, g) No Impact. The project site will be served by Burrtec, the City’s solid waste contractor. Trash generated by the project will be hauled to the Edom Hill transfer station located in Cathedral City, west of the City, and from there transported to one of three regional landfills. All three landfills have sufficient capacity to 622 Villas at Indian Springs IS/MND March 2016 -43- accommodate the proposed project. Solid waste generated by the proposed project will include that typical of a residential subdivision, such as food waste, product packaging, and various paper and supply waste. Construction waste, such as wood and concrete, will be generated during the demolition and construction processes. Much of the waste may be recyclable; the developer will need to prepare construction and demolition disposal plans for Burrtec to review and approve. Burrtec also implements recycling programs and provides those services as part of its waste contract obligations. Beyond typical household recycling pick-up and diversion, Burrtec also provides several recycling-related programs to City residents, including curbside pick-up of large items, waste motor oil, green waste, and other off-site programs and events for e-waste and paper shredding. Burrtec is required to meet all local, regional, state, and federal standards for solid waste disposal, and the project will have no impact on its ability to do so. Mitigation: Not required. Monitoring: Not required. 623 Villas at Indian Springs IS/MND March 2016 -44- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X a) Less than Significant Impact. The proposed project is located on Jefferson Street, a major transportation arterial and surrounded by developed or previously disturbed lands. There will be no substantial reduction in wildlife habitat nor will it restrict the movement or range of any plant or animal. Compliance with the MBTA will ensure impacts to sensitive species are reduced to less than significant levels. The project will not impact any important examples of California history or prehistory. In the event cultural artifacts are uncovered during site disturbing activities, a qualified archaeologist will be called in to evaluate and, if necessary recover and document such resources to reduce related impacts to less than significant levels. b,c) Less than Significant Impact. The proposed project will develop as 16 residential lots, which is consistent with surrounding development and existing land use designations and policies. The property takes access from the existing roadway 624 Villas at Indian Springs IS/MND March 2016 -45- network and is already served by or has access to public utilities and infrastructure. It will provide for storm flow management. Short-term and long-term environmental goals of the project are considered complementary. The project will result in incremental environmental impacts typically associated with residential development, such as increased emission of criteria pollutants during demolition and grading, traffic generation, and increased demand for water and wastewater services. However, the project is a low density residential development, providing internal stormwater facilities and other project improvements that limit impacts to area facilities, reducing certain cumulative effects from the project. Due to the relatively small scale of the project in relation to larger surrounding residential and golf developments, impacts are expected to be in significant when considered in conjunction with the effects of other projects. d) No Impact. The project will not cause substantial adverse impacts, either directly or indirectly, on human beings. The property is not subject to environmental hazards, such as rockfall or flooding, and no hazardous land uses, structures, or activities are proposed. This Agency intends to adopt a Mitigated Negative Declaration based upon the supporting documentation herein. References 2003 Coachella Valley MSHCP 2003 PM10 Plan for the Coachella Valley California Department of Conservation Farmland Mapping California Scenic Highway Mapping System CalEEMod Version 2013.2.2 City of La Quinta 2035 General Plan City of La Quinta Municipal Code and Zoning Map. “Noise Impact Analysis Tract 36875” prepared by Urban Crossroads, 3/25/15 “Geotechnical Investigation: Proposed Residential Subdivision…TT 36875…,” Sladden Engineering, February 2015 Agua Caliente Band of Cahuilla Indians, letters dated 10/27/15 & 2/3/16 625 Villas at Indian Springs IS/MND March 2016 -46- Historical/Archaeological Resources Survey Report: Villas at Indian Springs Project,” prepared by CRM Tech, December, 2015. “Cultural Resources Sensitivity Review, Indian Springs Villas Project” prepared by CRM Tech, June, 2015. “Preliminary Hydrology Report, Tentative Tract 36875,” Watson Engineering, 1/7/2016 (revised) “Preliminary Water Quality Management Plan for Villas at Indian Springs,” Watson Engineering, 1/4/2016 (revised) CVWD drainage letter date 12/22/15. CA Dept. of Finance, Demographic Research Unit, Table 2: E-5 City/County Population and Housing Estimates, 1/1/2015. “Tentative Tract 36875 Traffic Memo,” Watson Engineering, April 2015 City of La Quinta; Engineering Bulletin No. 06-13. SCAQMD 2012 Air Quality Management Plan SCAQMD CEQA Handbook The Villas at Indian Springs Specific Plan, Global Development Inc., April 2015; June 2015 (revised); December, 2015 (revised). 626 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 1 of 21 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 Tentative Tract Map, or any Final Map recorded thereunder. 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 Tentative Tract Map, and any Final Map recorded thereunder, 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. 3. 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:  Riverside County Fire Marshal  La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit)  Riverside Co. Environmental Health Department  Coachella Valley Unified School District (CVUSD)  Coachella Valley Water District (CVWD)  Imperial Irrigation District (IID)  California Regional Water Quality Control Board (CRWQCB)  State Water Resources Control Board  SunLine Transit Agency (SunLine)  South Coast Air Quality Management District Coachella Valley (SCAQMD) 627 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 2 of 21 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. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013- 0011 and the State Water Resources Control Board’s Order No. 2012-0006- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 628 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 3 of 21 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs is required. 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. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any 629 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 4 of 21 documents or instruments required by this project. 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. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over open space/drainage facilities of the master development. 10. The applicant shall offer for dedication on the Final Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. Lot B shall remain as City property for public street, utility, landscape, and pedestrian purposes. 12. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private residential streets measured gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and the applicant establishes 630 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 5 of 21 provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall also specify and enforce guest parking regulations throughout the project. The CC&R’s shall be reviewed and approved by the Design and Development Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 14. Right-of-way geometry for standard dul-de-sacs and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1” equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 16. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 17. The applicant shall offer for dedication on the Final Map a ten-foot wide public utility easement contiguous with, and along both sides of all private streets. 631 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 6 of 21 Such easement may be reduced to five feet in width with the express written approval of IID. 18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 19. Direct vehicular access to Jefferson Street and Palm Circle from lots with frontage along Jefferson Street and Palm Circle is restricted, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 22. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1” = 40’ scale. 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. 23. 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 Section 13.24.040 (Improvement Plans), LQMC. 632 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 7 of 21 24. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Rough Grading Plan 1” = 40’ Horizontal B. PM10 Plan 1” = 40’ Horizontal C. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On-Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formatted approved by the City Engineer prior to commencing plan preparation. 633 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 8 of 21 All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrant) and Street name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 25. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 27. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. 634 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 9 of 21 IMPROVEMENT SECURITY AGREEMENTS 28. Prior to approval of any Final Map, the applicant shall construct all on and off- site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 29. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 30. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 31. Depending on the timing of the development of this Tentative Tract Map, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. 635 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 10 of 21 In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 32. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on- site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 33. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 34. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 35. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 36. 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 civil engineer registered in the State of California, 636 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 11 of 21 B. A preliminary geotechnical (“soils”) report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 37. 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. 38. 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. 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 637 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 12 of 21 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. 39. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 40. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring-owner dissatisfaction with the grade differential. 41. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 42. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 43. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map No. 36875. Nuisance water shall be disposed of in an approved manner. 44. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – 638 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 13 of 21 Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 45. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 46. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 47. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 48. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 49. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 50. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 639 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 14 of 21 51. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 52. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 53. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 54. The applicant is hereby notified that future site modifications may be necessary including, but not limited to lot and street reconfiguration. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District (CVWD). If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Design and Development Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Design and Development Department and CVWD. 55. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development’s drainage discharge which may be required under the City’s NPDES Permit or other City or area-wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit but at a minimum shall 640 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 15 of 21 install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative tract map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water hydraulic grade line shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel. 56. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. 641 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 16 of 21 C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 57. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 58. The applicant shall construct a sewer line stub up to the edge of this project to allow for the future connection of existing units within the Westward Isle community to the sewer line that services Villas at Indian Springs. 59. 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, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 60. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 61. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or 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 maintenance thereof shall be located as to not conflict with access aisles/entrances. STREET AND TRAFFIC IMPROVEMENTS 62. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 642 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 17 of 21 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 63. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 64. The applicant shall construct the following street improvements to conform with the General Plan: A. PRIVATE STREETS 1) Palm Circle: Widen the south side of the street to accommodate a right turn only lane as shown on the preliminary grading plan. 2) Lot A: Private residential streets measured at gutter flow line to gutter flow line shall have a minimum 32 feet travel width with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall also specify and enforce guest parking regulations throughout the project. The CC&R’s shall be reviewed by the Development and Planning Divisions and approved by the Design and Development Department prior to recordation. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 4) Other appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 643 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 18 of 21 B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the preliminary grading plan. 65. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 66. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 67. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 68. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 69. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly- maintained streets. The improvements shall include required traffic control 644 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 19 of 21 devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING AND IRRIGATION 70. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 71. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 72. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 73. The applicant shall submit all landscape plans for approval by the Planning Division with green sheet sign off by the Development Services Division. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager. Landscape plans for landscaped medians on public streets shall be approved by the both the Planning Manager and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Development Services Division. Final landscape plans for on-site planting shall be reviewed by the Architecture and Landscape Review Committee and approved by the Planning Manager prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Planning Manager. 74. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized 645 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 20 of 21 with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 75. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and 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. PUBLIC SERVICES 76. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 77. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 78. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. 79. Project applicant shall add all newly created parcels to the City-wide Landscape and Lighting District No. 89-1. FEES AND DEPOSITS 80. 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. 81. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 646 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2015-0003 (TTM 36875) DESERT LAND HOLDINGS APPROVED: Page 21 of 21 AIRPORT LAND USE COMMISSION 82. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. 83. The following uses are prohibited: A. Any use or activity which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. B. Any use or activity which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. C. Any use or activity which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. D. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 84. The ALUC mandated “Notice of Airport in the Vicinity” shall be provided to all potential purchasers of the proposed lots and tenants of the homes thereon. 85. Any new detention basin(s) on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. 647 648 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 1 of 22 S:\Agenda STAFF REPORTS ONLY\(7) PH2 - Villas at Indian Springs - COA (SDP2015-0002).doc 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 Site Development 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. Site Development Permit 2015-0002 shall comply with all applicable conditions and/or mitigation measures for the following related approval:  Environmental Assessment 2015-0002  Tentative Parcel Map 36875 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. 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:  Riverside County Fire Marshal  La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit)  Riverside Co. Environmental Health Department  Coachella Valley Unified School District (CVUSD)  Coachella Valley Water District (CVWD)  Imperial Irrigation District (IID)  California Regional Water Quality Control Board (CRWQCB)  State Water Resources Control Board  SunLine Transit Agency (SunLine)  South Coast Air Quality Management District Coachella Valley (SCAQMD) 649 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 2 of 22 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. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013- 0011 and the State Water Resources Control Board’s Order No. 2012-0006- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 650 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 3 of 22 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs is required. 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. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any 651 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 4 of 22 documents or instruments required by this project. 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. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over open space/drainage facilities of the master development. 10. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. Lot B shall remain as City property for public street, utility, landscape, and pedestrian purposes. 12. The applicant shall retain for private use all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private residential streets measured gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and the applicant establishes 652 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 5 of 22 provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall also specify and enforce guest parking regulations throughout the project. The CC&R’s shall be reviewed and approved by the Design and Development Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the preliminary grading plan with a 38-foot curb radius at the bulb or larger. 14. Right-of-way geometry for standard Cul-de-sacs and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 16. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 17. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 18. Direct vehicular access to Jefferson Street and Palm Circle from lots with frontage along Jefferson Street and Palm Circle is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 19. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 653 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 6 of 22 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. 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. 21. 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 Section 13.24.040 (Improvement Plans), LQMC. 22. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Rough Grading Plan 1” = 40’ Horizontal B. PM10 Plan 1” = 40’ Horizontal C. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical 654 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 7 of 22 (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On-Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formatted approved by the City Engineer prior to commencing plan preparation. All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrant) and Street name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 24. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 25. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible 655 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 8 of 22 record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 26. Prior to constructing any off-site improvements on Palm Circle and/or Jefferson Street, the applicant shall deposit securities equivalent to both a Performance and labor & Material Bonds each valued at 100% of the cost of the off-site improvements. 27. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 28. Depending on the timing of the development of this Site Development Permit, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this site development permit. D. Secure the costs for future improvements that are to be made by others. 656 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 9 of 22 E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on- site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 30. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 657 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 10 of 22 33. 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 civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 34. 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. 35. 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. 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 658 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 11 of 22 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. 36. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 37. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring-owner dissatisfaction with the grade differential. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit Preliminary Grading Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 40. Stormwater handling shall conform with the approved hydrology and drainage report for Indian Springs Villas. Nuisance water shall be disposed of in an 659 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 12 of 22 approved manner. 41. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1-hour, 3- hour, 6-hour or 24-hour event producing the greatest total run off. 42. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 43. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 44. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 45. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 46. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 47. Stormwater may not be retained in landscaped parkways or landscaped 660 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 13 of 22 setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 48. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 49. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. The applicant is hereby notified that future site modifications may be necessary including, but not limited to lot and street reconfiguration. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District (CVWD). If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Design and Development Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Design and Development Department and CVWD. 52. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development’s drainage discharge which may be required under the City’s 661 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 14 of 22 NPDES Permit or other City or area-wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this site development permit excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water hydraulic grade line shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel. 53. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided 662 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 15 of 22 which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 54. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 55. The applicant shall construct a sewer line stub up to the edge of this project to allow for the future connection of existing units within the Westward Isle community to the sewer line that services Villas at Indian Springs. 56. 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, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 57. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 58. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or 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 maintenance thereof shall be located as to not conflict with access aisles/entrances. 663 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 16 of 22 STREET AND TRAFFIC IMPROVEMENTS 59. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 60. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 61. The applicant shall construct the following street improvements to conform with the General Plan: A. PRIVATE STREETS 1) Palm Circle: Widen the south side of the street to accommodate a right turn only lane as shown on the preliminary grading plan. 2) Lot A: Private residential streets measured at gutter flow line to gutter flow line shall have a minimum 32 feet travel width with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall also specify and enforce guest parking regulations throughout the project. The CC&R’s shall be reviewed by the Development and Planning Divisions and approved by the Design and Development Department prior to recordation. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 4) Other appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 664 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 17 of 22 B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the preliminary grading plan with 38-foot curb radius or greater at the bulb 62. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 63. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 64. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 65. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 66. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly- maintained streets. The improvements shall include required traffic control 665 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 18 of 22 devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING AND IRRIGATION 67. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 70. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 71. Front yard landscaping for each dwelling shall consist of, at minimum, 36-inch box trees (i.e., a minimum 2.5-inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 72. The applicant shall submit all landscape plans for approval by the Planning Division with green sheet sign off by the Development Services Division. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager. Landscape plans for landscaped medians on public streets shall be approved by the both the Planning Manager and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Development Services Division. 666 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 19 of 22 Final landscape plans for on-site planting shall be reviewed by the Architecture and Landscape Review Committee and approved by the Planning Manager prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Planning Manager. 73. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 74. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and 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. 75. Lighting plans and /or lighting fixture schedules and details for both exterior building lighting and landscape lighted areas shall be provided as part of the Final Landscape Plan submittal set. 76. Exterior building lighting shall be photocell activated. 77. Applicant shall incorporate a pedestrian pathway that provides direct access from the driveway to the front door areas for each of the homes. PUBLIC SERVICES 78. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 79. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 667 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 20 of 22 80. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. 81. Project applicant shall add all newly created parcels to the City-wide Landscape and Lighting District No. 89-1. FEES AND DEPOSITS 82. 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. 83. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). AIRPORT LAND USE COMMISSION 84. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. 85. The following uses are prohibited: A. Any use or activity which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. B. Any use or activity which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. C. Any use or activity which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise 668 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 21 of 22 affect safe air navigation within the area. D. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 86. The ALUC mandated “Notice of Airport in the Vicinity” shall be provided to all potential purchasers of the proposed lots and tenants of the homes thereon. 87. Any new detention basin(s) on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. FIRE DEPARTMENT 88. The required fire flow shall be available from 2 Super hydrant(s) (6" x 4" x 21/2" x 21/2") and shall be capable of delivering a fire flow 1000 GPM per minute for two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 89. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 90. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. (Submit separate underground plans showing the two hydrants, etc…) to Riverside County Fire Department. 91. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 92. Fire Apparatus access road shall be in compliance with the Riverside County Fire 669 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2015-0002 DESERT LAND HOLDINGS APPROVED: Page 22 of 22 Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 75 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 93. Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code, California Building Code and the California Fire Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 94. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 95. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. 96. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to an entrance, a 38-foot turning radius shall be used. 97. Any turn-around requires a minimum 38-foot turning radius. 670 CI T Y O F L A Q U I N T A MO N I T O R I N G P R O G R A M F O R C E Q A C O M P L I A N C E DA T E : Se p t e m b e r 1 , 2 0 1 6 AS S E S S O R S P A R C E L N O . : 60 0 - 0 8 0 - 0 0 1 t h r u 0 0 9 ; 6 0 0 - 0 8 0 - 0 4 1 , 04 2 CA S E N O . : SP E C I F I C P L A N A M E N D M E N T 2 0 1 5 - 0 0 0 2 TE N T A T I V E T R A C T M A P 2 0 1 5 - 0 0 0 3 ( T T M 3 6 8 7 5 ) SI T E D E V E L O P M E N T P E R M I T 2 0 1 5 - 0 0 0 2 PR O J E C T L O C A T I O N : So u t h e a s t c o r n e r o f J e f f e r s o n S t r e e t a n d P a l m C i r c l e D r i v e EA / E I R N O : 20 1 5 - 0 0 0 2 AP P R O V A L D A T E : In P r o c e s s AP P L I C A N T : Gl o b a l D e v e l o p m e n t , I n c . TH E F O L L O W I N G R E P R E S E N T S T H E C I T Y ’ S M I T I G A T I O N M O N I T O R I N G P R O G R A M I N C O N N E C T I O N W I T H T H E M I T I G A T E D N E G A T I V E D E C L A R A T I O N F O R T H E AB O V E C A S E N U M B E R SU M M A R Y M I T I G A T I O N M E A S U R E S R E S P O N S I B L E F O R MO N I T O R I N G TI M I N G C R I T E R I A C O M P L I A N C E CH E C K E D B Y DA T E IV . B I O L O G I C A L R E S O U R C E S To c o m p l y w i t h t h e M B T A , a n y ve g e t a t i o n o r t r e e r e m o v a l , o r o t h e r gr o u n d d i s t u r b i n g a c t i v i t i e s o c c u r r i n g be t w e e n J a n u a r y 1 s t a n d A u g u s t 3 1 s t wi t h t h e p o t e n t i a l t o i m p a c t n e s t i n g bi r d s s h a l l r e q u i r e a q u a l i f i e d b i o l o g i s t to c o n d u c t a n e s t i n g b i r d s u r v e y t o de t e r m i n e i f t h e r e i s a p o t e n t i a l im p a c t t o s u c h s p e c i e s . Al l v e g e t a t i o n a n d s u i t a b l e n e s t i n g ha b i t a t ( i n c l u d i n g o p e n g r o u n d ) o n th e p r o j e c t s i t e , w h e t h e r o r n o t i t w i l l be r e m o v e d o r d i s t u r b e d , s h a l l b e su r v e y e d f o r n e s t i n g b i r d s . I f n o n e s t s ar e p r e s e n t , t h i s c o n d i t i o n w i l l b e cl e a r e d . C o n d u c t i n g c o n s t r u c t i o n ac t i v i t i e s o u t s i d e t h e b r e e d i n g s e a s o n (S e p t e m b e r 1 s t t h r o u g h D e c e m b e r 31 s t ) c a n a v o i d h a v i n g t o i m p l e m e n t th e s e m e a s u r e s . I f a c t i v e n e s t s o f a n y na t i v e b i r d a r e f o u n d on s i t e , t h e y w i l l be a v o i d e d u n t i l a f t e r t h e y o u n g h a v e fl e d g e d . Pl a n n i n g D i v i s i o n Pr i o r t o a n y g r o u n d di s t u r b i n g a c t i v i t i e s Re p o r t b y q u a l i f i e d bi o l o g i s t . 671 SU M M A R Y M I T I G A T I O N M E A S U R E S R E S P O N S I B L E F O R MO N I T O R I N G TI M I N G C R I T E R I A C O M P L I A N C E CH E C K E D B Y DA T E V. C U L T U R A L R E S O U R C E S An a r c h a e o l o g i c a l m o n i t o r i n g p r o g r a m , as i d e n t i f i e d i n t h e r e c o r d s s e a r c h re v i e w , s h a l l b e i m p l e m e n t e d . T h e mo n i t o r i n g p r o g r a m s h a l l c o n s i s t o f t h e fo l l o w i n g : a. A l l d i s t u r b a n c e s o f n a t i v e s o i l s s h a l l be m o n i t o r e d b y a q u a l i f i e d ar c h a e o l o g i s t , a n d i n c l u d e a n a p p r o v e d Na t i v e A m e r i c a n C u l t u r a l R e s o u r c e Mo n i t o r ( s ) . b. O n s i t e m o n i t o r i n g s h a l l b e co o r d i n a t e d w i t h t h e A g u a C a l i e n t e Ba n d o f C a h u i l l a I n d i a n s . c. I f h u m a n r e m a i n s o r p o s s i b l e h u m a n re m a i n s a r e e n c o u n t e re d , c o n s t r u c t i o n ac t i v i t i e s i n t h e i m m e d i a t e v i c i n i t y s h a l l be h a l t e d , a n d t h e R i v e r s i d e C o u n t y Co r o n e r ’ s o f f i c e s h a l l b e c o n t a c t e d im m e d i a t e l y , p u r s u a n t t o s t a t e l a w . d. C o l l e c t e d a r c h a e o l o g i c a l a r t i f a c t s sh a l l b e p r o p e r l y p r e p a r e d f o r l o n g te r m c u r a t i o n . e. S i t e r e c o r d s t h a t i n c o r p o r a t e t h e ar t i f a c t s e n c o u n t e r e d d u r i n g mo n i t o r i n g s h a l l b e p r e p a r e d a n d su b m i t t e d t o t h e E a s t e r n I n f o r m a t i o n Ce n t e r ( E I C ) a s a p e r m a n e n t r e c o r d o f th e d i s c o v e r y . f. A r e p o r t t h a t d o c u m e n t s t h e me t h o d s a n d r e s u l t s o f t h e m o n i t o r i n g pr o g r a m s h a l l b e p r e p a r e d u p o n co m p l e t i o n o f t h e f i e l d w o r k . Pl a n n i n g D i v i s i o n Du r i n g g r a d i n g . Co m p l e t e d r e p o r t su b m i t t e d t o Pl a n n i n g p r i o r t o oc c u p a n c y o f f i r s t ho m e . 672 SU M M A R Y M I T I G A T I O N M E A S U R E S R E S P O N S I B L E F O R MO N I T O R I N G TI M I N G C R I T E R I A C O M P L I A N C E CH E C K E D B Y DA T E XI . N O I S E A s i x - f o o t h i g h n o i s e a t t e n u a t i o n ba r r i e r , c o n f o r m i n g t o t h e re c o m m e n d e d c r i t e r i a o f t h e a p p r o v e d no i s e i m p a c t a n a l y s i s d a t e d 3 / 2 5 / 1 5 an d p r e p a r e d b y U r b a n C r o s s r o a d s , sh a l l b e i n c o r p o r a t e d i n t o t h e p r o j e c t . An i n t e r i o r n o i s e an a l y s i s s h a l l b e su b m i t t e d w i t h b u i l d i n g p l a n s f o r in d i v i d u a l h o u s e s a r e s u b m i t t e d , t o as s u r e t h a t a l l r e s i d e n t i a l u n i t s s h a l l ha v e i n t e r i o r n o i s e l e v e l s o f 4 5 d B A CN E L , c o n s i s t e n t w i t h t h e re c o m m e n d e d i n t e r i o r n o i s e mi t i g a t i o n c r i t e r i a o f t h e o f t h e ap p r o v e d n o i s e i m p a c t a n a l y s i s d a t e d 3/ 2 5 / 1 5 , p r e p a r e d b y U r b a n Cr o s s r o a d s . Bu i l d i n g D e p a r t m e n t Bu i l d i n g D e p a r t m e n t Du r i n g c o n s t r u c t i o n Pr i o r t o i s s u a n c e o f b u i l d i n g pe r m i t s . In s p e c t i o n Re c e i p t o f r e p o r t . 673 674 Project Information CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2015-0002 ZONE CHANGE 2015-0001 SPECIFIC PLAN 2015-0002 SITE DEVELOPMENT PERMIT 2015-0002 TENTATIVE TRACT MAP 2015-0003 (TTM 36875) APPLICANT: DESERT LAND HOLDINGS LLC PROPERTY OWNER: CITY OF LA QUINTA/DESERT LAND HOLDINGS ARCHITECT: GLS ARCHITECTURE (CHARLES GARLAND) LANDSCAPE ARCHITECT: RAY MARTIN DESIGN ENGINEER: WATSON ENGINEERING REQUEST: CONSIDERATION OF SITE AND BUILDING DESIGN FOR VILLAS AT INDIAN SPRINGS, A 16-LOT SINGLE-FAMILY RESIDENTIAL TRACT ON 3.22 ACRES LOCATION: SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE GENERAL PLAN DESIGNATION: MEDIUM/HIGH DENSITY RESIDENTIAL ZONING DESIGNATION: EXISTING – GOLF COURSE (GC) AND LOW DENSITY RESIDENTIAL (RL) PROPOSED – MEDIUM DENSITY RESIDENTIAL (RM) SURROUNDING ZONING/LAND USES: NORTH: GOLF COURSE EXISTING GOLF COURSE USES SOUTH: FLOODPLAIN WHITEWATER CHANNEL EAST: GOLF COURSE/LOW DENSITY RESIDENTIAL WESTWARD ISLES CONDOMINIUMS WEST: GOLF COURSE/LOW DENSITY RESIDENTIAL EXISTING GOLF/RESIDENTIAL USES ATTACHMENT 1 675 676 ATTACHMENT 2 N 677 678 1 The Villas at Indian Springs Specific Plan Prepared for the City of La Quinta, California April 2015 – REVISED AUGUST/DECEMBER 2015 ATTACHMENT 3 679 680 2 LIST OF CONSULTANTS Planner Global Development, Inc. 75161 Sago Ln Palm Desert, CA 92210 760-834-8278 Architect GLS Architecture Group, Inc. 74991 Joni Dr. #9 Palm Desert, CA 92260 760-340-3528 Landscape Architect Lush & Efficient Landscape Design 52293 Avendia Madero La Quinta, CA 92253 760-835-6358 Civil Engineer Watson Engineering 50200 Monroe St. Indio, CA 92201 760-275-1553 Soil Engineer Sladden Engineering 45090 Golf Center Parkway, Suite F Indio, CA 92201 760-863-0713 681 3 City Officials Acknowledgement Community Development Director: Les Johnson Public Works Director: Tim Jonasson Principal Planner:Wally Nesbit Principal Engineers: Bryan McKinney Ed Wimmer 682 4 Table of Contents 1.Introduction & Background Page 5 2.Specific Plan Land Use Page 5 3.Siting Standards Page 6 4.Architectural Design Guidelines Page 6 5.Engineering & Improvements Page 7 6.Landscape Architectural Guidelines Page 8 7.Standards for the Conservation, Development, and Utilization of Natural Resources Page 8 8.Implementation Programs & Measures Page 9 9.Relationship to the General Plan Page 9 10.Specific Plan Consistency With General Plan Page 10 List of Illustrations Global Development Specific Plan Delineation (Page 19) Ownership Map (Page 20 & 21) Conceptual Land Plan (Page 22) Tentative Tract Map Exhibit (Page 23) Architectural Plans (Pages 24-26) Entry Landscape (Page 27) Retention Landscape (Page 28) Front Yard Landscape (Page 29) 683 684 5 1.Introduction & Background: The Specific Plan covers 3.22 net acres of land on the eastern edge of The City of La Quinta. The current General Plan for the area is: Medium/High Density Residential. The Specific Plan guidelines are intended for Medium Density Residential. Global Development, LLC. owns 2.34 acres and the City of La Quinta owns 0.88 acres, Global Development is in contract with the City of La Quinta to buy their land. The land the City of La Quinta owns included nine developed lots purchased using redevelopment funds in order to widen Jefferson Street; the homes on those lots were subsequently demolished and new right-of-way was established, with the remainder of the lots being retained by the City. The 2.34 acres Global Development owns was an old golf course fairway that was redesigned and left out of its original plan. 2.Specific Plan Land Use: Introduction. The 2035 La Quinta General Plan designates the site land use as Medium/High Density Residential. The site is currently zoned for Golf Course and Low Density Residential, and requires a zone change to be consistent with the City General Plan Land Use. As such, a zoning designation of Medium Density Residential has been proposed. The majority of the land in the Specific Plan is undeveloped requiring new infrastructure including street, drainage, utility systems, grading of the topography and other infrastructure. The land in the Specific Plan is located on the eastern edge of the City of La Quinta, with several utility districts governing various aspects of public utility infrastructure. a.Residential Density. The Specific Plan and associated tract map propose a 16- lot development on 3.22 acres, establishing a residentyial density of 4.97 units/acre. The project was revised from 15 lots in December 2015 based on an allowance from CVWD to discharge project drainage into the Whitewater Channel, which allowed adding 1 lot to replace the original retention basin. b.Conceptual Development Illustrations. The residential project area site, landscaping and unit plans are provided for reference in this document, as noted in the List of Illustrations on Page 4. These plans are generally intended to be representative of the project layout, density and design concept, but are not intended to establish specific detailed plans for construction. Detailed design components of the project will vary as the development process continues. 685 6 3.Siting Standards: a.Single Family Lot Standards. Each lot size varies due to irregularly shaped lots. The ninimum lot size shall be 6000 sq. ft. b.Single Family Siting Standards. The Standards listed below are minimum, except when they refer to a maximum allowed item. The architectural theme should be compatible and related to the Single Family Themes. Maximum Height: 17 feet/One story Front yard setback: 15 feet Side yard setback: 5 feet Rear yard setback: 10 feet Architectural projection: 2 feet into front or rear setback A/C setbacks: 3.5 feet from any property line 4.Architectural Design Guidelines: a.Roofing. All plans will have two elevations, an A elevation and a B elevation. All A elevations will have S concrete tile roofs; All B elevations will have flat concrete tile roofs. All roofing colors will be show on the color chart. b.Window Trim. All elevations will have window trim around the windows on front elevations. c.Rock Veneer. All A elevations will have rock veneer on front elevation. d.Painted Pop Outs. All B elevations will have paint areas on the front elevation. e.Wood Grain Metal Garage Doors. All plans will have wood grain metal doors. f.Courtyard. All plan 3’s will have courtyards. g. Drive Ways & Walkways. All driveway & walkways are to be gray concrete. h.Block Walls. All courtyard walls are to be plastered to match home, all other walls to be tan precision block. i.Wrought Iron Fencing. Wrought iron fencing to be used around retention area will be relocated from Jefferson side of project after removal for the new block wall. 686 7 5. Engineering & Improvements: Introduction. The majority of the area within the Specific Plan is undeveloped requiring new infrastructure including a private street, underground utility systems, grading of the topography and other infrastructure. The Specific Plan is located on the easterly edge of the City of La Quinta, with several utility districts governing various aspects of public utility infrastructure. The planned area is bounded by Jefferson St., Palm Circle Dr., Westward Isle Homes and the wash. The overall capacity and existing condition of this public infrastructure is adequate to serve the planned uses, however, some improvements and upgrading of existing utilities are necessary. This section establishes standards and policies for the design and installation of the new-engineered infrastructure for the complete build-out of the plan and establishes the proper framework necessary for future development. a. Street Design Standards. The residential street within the Specific Plan is designed to be private and maintained by its own Home Owners Association. This street will be designed in accordance with the street sections provided in the plan. Any deviations from these standards will require review and approval by the city of La Quinta. b. Topography & Grading. The area covered by the Specific Plan contains various topographic and drainage features that require specific guidelines in order to ensure conformance with local agency requirements as minimal impact to natural topography. The finished elevations within the plan range from approximately 60-64 feet above mean sea level.  Flood Elevation Requirements. Development within the Specific Plan is required to comply with the City of La Quinta flood elevation standards. The building pads of all occupied structures will be elevated to a minimum of 60 feet above mean sea level with the finished floor being a minimum of 6 inches above the building pad.  Grading & Drainage. The drainage systems within the plan area are similar to most new developments. Lots, streets, and landscaped areas will be graded to convey runoff to new inlets within the development, which will then transport the storm water through underground piping to the retention basin.  Storm Water Treatment. The development within the Specific Plan is required to prepare and summit project-specific Storm water Management Plans (SWMP) to determine and implement storm water runoff treatment measures to reduce potential impacts from sediment-laden runoff and other pollutants. 687 8 c. Infrastructure & Utilities. The Specific Plan requires new public and privately maintained utility infrastructure to serve the uses. The existing site is primarily undeveloped land; therefore, almost no existing infrastructure resides with in the development envelope.  Sanitary Sewer. Sanitary sewerage in the area is operated by CVWD. Conventional underground sewer system within the public street that will connect to the existing system within Jefferson St. The developer will leave a sewer stub out for future use of Westward Isle H.O.A.  Water Supply & Service. Water service for the new development is serviced by CVWD. The development has gone through a CVWD review and CVWD has concluded that there is adequate water supply.  Energy. So. Cal Gas & IID provides energy and natural gas service to the Specific Plan area. Existing natural gas and electric infrastructure exist within the surrounding public streets. 6. Landscape Architectural Guidelines: a. Introduction and Landscape Concept. The Landscape must respond to the significant site climate issues including extreme drought, high winds and hot desert climates. The majority of the plant material must be low water use, drought tolerant or native to the desert. We will not be installing any grass due to the issues the state of California is currently experiencing. Every home and the surrounding areas will consist of desert landscape. The irrigation system on site will be automatic, underground, and state of the art systems using the latest water conservation available. Drip irrigation will be used to minimize any drought concerning issues. 7. Standards for the Conservation, Development, and Utilization of Natural Resources: a. Existing Natural Resources. There are no Natural Resources on this land, originally there were homes on 1/3 of the land and then golf course on 2/3’s of the remaining land. All the land has been disturbed from its original state. b. Development. The development of this Specific Plan will be built by private funds and will not require any city financing. c. Conservation. Due to the issues the state of California is currently experiencing the irrigation system on site will be automatic, underground, and state of the art systems using the latest water conservation technologies available, The majority of the plant material must be low water use, drought 688 9 tolerant or native to the desert. Drip irrigation will be used to minimize any drought concerning issues. 8. Implementation Programs & Measures: a. Development Phasing. The development will have three phases, Phase 1 (all off sites & lots 12-15), Phase 2 (lots1-4) & Phase 3 (lots 5-11). b. Review and Approval Process. The Specific Plan, Zone Change, Tentative Map and Site Development Permit applications will be reviewed conjunctively, with Planning Commission review and a recommendation to the City Council for their decision. After approval, the Community Development Director will have the authority to approve any minor changes to the Specific Plan within the context and guidelines contained within this document and the City’s guiding General Plan policies. 9. Relationship to the General Plan: a. Land Use and Zoning Consistency. The General Plan land use designation of the property is Medium/High Density Residential, which allows single and multi-family residential up to a maximum density of 16 dwelling units per acre. The zoning designation of the property is Low Density Residential (RL) and Golf Course (GC). The proposed project is inconsistent with the current zoning for golf course use, as well as the proposed lot size and density. Based on initial review, it would appear the project is consistent with the medium Density (RM) zoning district, which allows a density range between 4 and 8 dwelling units per acre. This district would accommodate the proposed minimum lot size 6,000 square feet, at the proposed density of 4.97 units/acre. b. Development: House Plans: Plan 1- 1,815 sq. Plan 2- 1,930 sq. Plan 3-2,305 sq. 2 different Elevations each plan 689 10 Specific Plan Consistency With La Quinta General Plan Global Development would like to develop a well-planned and desirable neighborhood that meets the communities’ vision in the highest quality for which they are known. The following shows the relationship between our Specific Plan and project to the City of La Quinta’s General Plan. Goals, Policies, and Programs: Community Development Land Use Goal LU-1 Policy LU-1.1a We are consistent with all Land Maps and Zoning Maps, consistent with the Zoning Designation Consistency Matrix. Policy LU-1.2 All land use decisions are consistent with the applicable General Plan policies. We have hosted three meetings with the homeowners in the surrounding areas and the majority of them support and approve the project. Livable Communities Goal SC-1 Policy SC-1.2a Conservation of Natural Resources This project has implemented the conservation programs including CVWD Urban Management Plan, City of La Quinta’s Landscape Ordinance, Cal Green codes, and Federal Water Saving programs. Policy SC-1.3 Storm Water Runoff and Water Quality Protection We have submitted a storm water run off and water quality protection plan that covers all necessary requirements. Policy SC-1.4 Air Quality We have two certified officers within the company that have received Certificates of Completion for the Coachella Valley Fugitive Dust Control class supplied by the South Coast Air Quality Management District. They will be 690 11 monitoring the site at all times to make sure we are in complete compliance to their requirements. Lic. # CV1406-000763-836 Lic. # CV1406-000788-861  Policy SC-1.5a Energy Resource This project is in compliance with the California Efficiency Standards. (Title 24 in Building Codes)  Policy SC-1.5c Pedestrian Connections We are going to be providing a gate connecting the community to the new CV Link that will be developed in the near future so that our homeowners can access the trail.  Policy SC-1.6b We are going to be providing a gate connecting the community to the new CV Link that will be developed in the near future so that our homeowners can access the trail.  Policy SC-1.6c We are going to be providing a gate connecting the community to the new CV Link that will be developed in the near future so that our homeowners can access the trail.  Policy SC-1.7a This land is part of a Redevelopment Project that the City did to widen Jefferson St. We believe and have been told that the residential development fits the zoning ordinance.  Policy SC-1.8b We are going to be providing a gate that will connect the community to the new CV Link being developed in the near future so that our homeowners can access the trail. Economic Development Goal ED-1  Policy ED-1.1a This project maintains a balance of land use designations to address economic needs. It utilizes a vacant and underutilized area of land to increase the new home inventory that will address market needs. 691 12  Policy ED-1.3a This project is pedestrian-friendly. It will interconnect with the CV Link and is within walking distance of golf, restaurants, Home Depot, Costco, and many other retail stores.  Policy ED-1.6 This project will bring revenue to the City of La Quinta by the purchasing of said land from the city. We have established a comprehensive program to enforce all payments of taxes and dues. Parks, Recreation and Trails Goal PR-1  Policy PR-1.3 This project will bring revenue to the City of La Quinta by the purchasing of said land from the city. We have established a comprehensive program to enforce all payments of taxes and dues.  Policy PR-1.5a We are going to be providing a gate that will connect the community to the new CV Link being developed in the near future so that our homeowners can access the trail.  Policy PR-1.5c We are going to be providing a gate connecting the community to the new CV Link that will be developed in the near future so that our homeowners can access the trail.  Policy PR-1.8 We are going to be providing a gate that will connect the community to the new CV Link being developed in the near future so that our homeowners can access the trail.  Policy PR-1.8a This project is within walking distance from Indian Springs Golf Course and many other fitness facilities such as gyms and wellness centers. Housing Goal H-1  Policy H-1.2a 692 13 This project will take underutilized, vacant land and increase the capacity for housing.  Policy H-1.2b This project consists of smaller lots that create potential for first-time homeowners, small families and seniors to purchase a home. The project is a small infill site that we are asking for flexible development standard allowances specific to small lots that are usually reserved for affordable projects. It will have smaller lots but still be considered single-family detached homes.  Policy H-1.4 This project will create new affordable homes in the city of La Quinta. Goal H-2  Policy H-2.1 This Project will increase the moderate housing choices in the city of La Quinta.  Policy H-2.3 Program H-2.3j Our company would like to look at this program with the city and see if it can help with the moderate-income households. Program H-6.5d To help with the Landscape Water Management Plan our company plans to use landscape that must respond to the significant site climate issues including extreme drought, high winds and hot desert climates. The majority of the plant material must be low water use, drought tolerant or native to the desert. We will not be installing any grass due to the issues the state of California is currently experiencing. Every home and the surrounding areas will consist of desert landscape. The irrigation system on site will be automatic, underground, and state of the art systems using the latest water conservation available. Drip irrigation will be used to minimize any drought concerning issues. Natural Resources Air Quality  Policy AQ-1.1 We have two certified officers here in the company that have received Certificates of Completion for the Coachella Valley Fugitive Dust Control class supplied by the South Coast Air Quality Management District. They will be 693 14 monitoring at all times to make sure we are in complete compliance to their requirements. Lic. # CV1406-000763-836 and Lic. # CV1406-000788-861  Policy AQ-1.1a Our project will be monitored, managed and all SCAQMD rules will be enforced.  Policy AQ-1.3 This project is pedestrian-friendly. It will interconnect with the CV Link and is within walking distance of golf, restaurants, Home Depot, Costco, and many other retail stores.  Policy AQ-1.3e We are going to be providing a gate connecting the community to the new CV Link that will be developed in the near future so that our homeowners can access the trail.  Policy AQ-1.3g This development is within walking distance from public parks, schools, golf courses, and commercial businesses.  Policy AQ-1.5a Our project will be monitored, managed and all SCAQMD rules will be enforced.  Policy AQ-1.5b PM10 Plan was submitted to the city of La Quinta.  Policy AQ-1.6 PM10 Plan was submitted to the city of La Quinta. Energy and Mineral Resources Goal EM-1  Policy EM-1.1 This project consists of homes that have a Title 24 Report that mandates conservations of energy resources. Biological Resources Goal BIO-1  Policy BIO-1.1 694 15 This project will pay the MSHCP Local Development Mitigation fee when appropriate before building permits are paid.  Policy BIO-1.2a Program BIO-1.2a This program has had a qualified biologist on the property to do a biological resource survey. Cultural Resources Goal CUL-1  Policy CUL-1.1 This project has had a qualified archeologist on site to study and report any archaeological, historic, and paleontological resources found.  Policy CUL-1.4b A geotechnical analysis has been completed including soil borings. Water Resources Goal WR-1  Policy WR-1.1 Our projects landscape will respond to the significant site climate issues including extreme drought, high winds and hot desert climates. The majority of the plant material must be low water use, drought tolerant or native to the desert. We will not be installing any grass due to the issues the state of California is currently experiencing. Every home and the surrounding areas will consist of desert landscape. The irrigation system on site will be automatic, underground, and state of the art systems using the latest water conservation available. Drip irrigation will be used to minimize any drought concerning issues.  Policy WR-1.2 Our company will pay, when necessary, the appropriate recharge aquifer fee to CVWD.  Policy WR-1.4 Our project has a set Water Quality Management Plan (WQMP) for storm water pollution.  Policy WR-1.4c This project has an onsite retention basin to provide added recharge to the aquifer. 695 16 Open Space and Conservation Goals OS-1 Policy OS-1.2c We are going to be providing a gate that will connect the community to the new CV Link being developed in the near future so that our homeowners can access the trail. Environmental Hazards: Noise Goals N-1 Policy N-1.2 This project has submitted a noise study in conjunction with the first Planning Department Application. Policy N-1.5 This project has submitted a noise study in conjunction with the first Planning Department Application. Soils and Geology Goals GEO-1 Policy GEO-1.2 This project has submitted a Geotechnical Report. Flooding and Hydrology Goals FH-1 Policy FH-1.3a This project has an onsite Retention/Detention Basin that is capable of managing 100-year storm water flows. Hazardous Materials Goals HAZ-1 Policy HAZ-1.1 696 17 This project will have no hazardous materials onsite. Public Infrastructures and Services: Emergency Services Goals ES-1  Policy ES-1.1a This project will pay Development Impact Fees that will help develop future Fire Stations and facilities.  Policy ES-1.2 We will be submitting a Fire Sprinkler Plan to the Fire Department for this project. We will be submitting street plans to the Fire Department to assure that the projects access and design provides maximum fire and life safety.  Policy ES-1.6 This project will be routed to the Police Department to assure that the project access and design provide for defensible space and maximum crime prevention while maintaining City design standards and codes. Water, Sewer and other Utilities Goals UTL 1.1  Policy UTL 1.1 This project has submitted plans to CVWD for available water. The water is available in the street next to the project.  Policy UTL 1.1b The Landscape must respond to the significant site climate issues including extreme drought, high winds and hot desert climates. The majority of the plant material must be low water use, drought tolerant or native to the desert. We will not be installing any grass due to the issues the state of California is currently experiencing. Every home and the surrounding areas will consist of desert landscape. The irrigation system on site will be automatic, underground, and state of the art systems using the latest water conservation available. Drip irrigation will be used to minimize any drought concerning issues.  Policy UTL 1.1b 2 This project has coordinated a plan between the Fire Department and CVWD to ensure adequate water supplies for fire suppression. 697 18 Policy UTL 1.2b The Landscape must respond to the significant site climate issues including extreme drought, high winds and hot desert climates. The majority of the plant material must be low water use, drought tolerant or native to the desert. We will not be installing any grass due to the issues the state of California is currently experiencing. Every home and the surrounding areas will consist of desert landscape. The irrigation system on site will be automatic, underground, and state of the art systems using the latest water conservation available. Drip irrigation will be used to minimize any drought concerning issues. Policy UTL 2.1 This project is going to bring sewer to the site and connect to the sanitary sewer service. The sewer is across Jefferson St. and will be a great expense to get it to the project. Our project will allow the existing project without sewer to hook in at no cost to them. This should encourage the elimination of the pre existing projects septic system. Public Facilities Goals PF-1 Policy PF 1.3a This project will be paying all required Development Impact Fees. Policy PF 1.6b This project will be paying all required School Impact Fees. 698 19 699 20 700 21 701 22 702 23 703 24 704 25 705 26 706 27 707 28 708 29 709 710 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN ge n e r a l n o t e s V I C I N I T Y M A P A S . F . R . D E V E L O P M E N T F O R LA Q U I N T A , C A L I F O R N I A 9 2 2 5 3 AP N : 6 0 0 - 0 8 0 - 0 4 1 , 6 0 0 - 0 8 0 - 0 4 2 , A N D 6 0 0 - 0 8 0 - 0 0 1 T H R O U G H 6 0 0 - 0 8 0 - 0 0 9 SI T E ATTACHMENT 4 711 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3A 3A 3B - r e v . 2A - r e v . 3B - r e v . 2B - r e v . 1B - r e v . 2B 3B-rev. 3B - r e v . 1A 2A 1B 1A - r e v . 2A - r e v . SITE PLAN SCALE: 1" = 30'-0"1SITE PLAN LO T " A " LO T " B " LOT "C" JE F F E R S O N S T R E E T P A L M C I R C L E PE 6 2 . 7 2 PE 6 2 . 7 2 PE 6 2 . 3 0 PE 6 1 . 9 0 PE 6 1 . 5 0 PE 6 1 . 1 0 PE 61.40 PE 60.80 PE 6 0 . 8 0 PE 6 1 . 2 0 PE 6 1 . 6 0 PE 6 2 . 0 0 PE 6 2 . 4 0 PE 6 2 . 8 0 PE 6 2 . 8 0 2A 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION July 20, 2016July 20, 2016 DEVELOPER:712 713 714 1 2 3 4 5 6 7 8 9 R E T E N T I O N B A S I N 1 0 1 1 1 2 1 3 1 4 1 5 5 5 1 4 . 0 8 S . F . 1 6 1 5 . 3 7 S . F . 5 9 5 3 5 6 5 9 5 3 5 6 0 GRAPHIC SCALE10' 20'40'1" = 10'-0"715 R E T E N T I O N B A S I N 5 5 1 4 . 0 8 S . F . 1 6 1 5 . 3 7 S . F . 5 9 5 3 5 6 5 9 5 3 5 6 5 5 5 5 5 5 5 5 5 6 6 5 5 5 5 9 9 9 5 5 9 9 9 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 6 5 5 5 5 5 5 5 5 5 5 5 6 6 5 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 5 9 5 9 5 9 5 9 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 9 9 9 9 9 9 9 9 9 9 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 5 5 5 5 6 6 6 6 5 5 3 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 5 5 5 5 5 5 5 5 5 5 5 5 5 3 3 3 3 3 3 3 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 N N N N N N N N N N N N N N N N N N N N N R 1 2 3456789RETENTION BASIN 10 11121314 1 5 5514.08 S.F.1615.37 S.F.59 53 56 595356 0 GRAPHIC SCALE10' 20'40'1" = 10'-0"716 0 GRAPHIC SCALE10' 20'40'1" = 10'-0"717 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION April 23, 2015April 23, 2015 DEVELOPER: EA S T / W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " ELEVATIONS AND RENDERINGS "1A" EA S T / W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NORTH/SOUTH ELEVATION SCALE: 1/4" = 1'-0" NO R T H / S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " A1.0 PL A N " 1 A " P E R S P E C T I V E 718 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION April 23, 2015April 23, 2015 DEVELOPER: EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " ELEVATIONS AND RENDERINGS "1B" EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NORTH OR SOUTH ELEVATION SCALE: 1/4" = 1'-0" NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " A1.1 PL A N " 1 B " P E R S P E C T I V E 719 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION April 23, 2015April 23, 2015 DEVELOPER: EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " ELEVATIONS AND RENDERINGS "2A" EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " A1.2 PL A N " 2 A " P E R S P E C T I V E 720 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION April 23, 2015April 23, 2015 DEVELOPER: EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " ELEVATIONS AND RENDERINGS "2B" EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " A1.3 PL A N " 2 B " P E R S P E C T I V E 721 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION April 23, 2015April 23, 2015 DEVELOPER: EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " ELEVATIONS AND RENDERINGS "3A" EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NORTH OR SOUTH ELEVATION SCALE: 1/4" = 1'-0" NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " A1.4 PL A N " 3 A " P E R S P E C T I V E 722 10 / 31 / 2015 SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLAND ARCHITECT (760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIEN DESIGN PRINCIPAL APRIL 2015 AS NOTEDJ O B N O.S C A L E LQ15-21 S H E E TD R A W N G.L.S.COMMENCEMENT D A T EC H E C K E D J.S.PRINT DATEBYREVISION April 23, 2015April 23, 2015 DEVELOPER: EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " ELEVATIONS AND RENDERINGS "3B" EA S T O R W E S T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " NORTH OR SOUTH ELEVATION SCALE: 1/4" = 1'-0" NO R T H O R S O U T H E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " A1.5 PL A N " 3 B " P E R S P E C T I V E 723 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN RO O F P L A N " 1 A " SC A L E : 1 / 4 " = 1 ' - 0 " ROOF PLAN "1A" AND "1B"ROOF PLAN "1B"SCALE: 1/4" = 1'-0" SC A L E : 1 / 4 " = 1 ' - 0 " SCALE: 1/4" = 1'-0"724 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN ROOF PLAN "2A"SCALE: 1/4" = 1'-0"ROOF PLAN "2A" SC A L E : 1 / 4 " = 1 ' - 0 " 725 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN ROOF PLAN "2B"SCALE: 1/4" = 1'-0"ROOF PLAN "2B" SC A L E : 1 / 4 " = 1 ' - 0 " 726 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN ROOF PLAN "3A"SCALE: 1/4" = 1'-0"ROOF PLAN "3A" SC A L E : 1 / 4 " = 1 ' - 0 " 727 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN ROOF PLAN "3B"SCALE: 1/4" = 1'-0"ROOF PLAN "3B" SC A L E : 1 / 4 " = 1 ' - 0 " 728 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN FLOOR PLAN 1 FL O O R P L A N " 1 " SC A L E : 1 / 4 " = 1 ' - 0 " SC A L E : 1 / 4 " = 1 ' - 0 " BE D R O O M 2 MA S T E R B E D R O O M BA T H . 2 BE D R O O M 3 MA S T E R B A T H . DI N I N G KI T C H E N LI V I N G 2-CAR GARAGE LA U N D R Y AR E A T A B U L A T I O N LI V I N G A R E A : EN T R Y P A T I O : 729 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN FLOOR PLAN 2 FL O O R P L A N " 2 " SC A L E : 1 / 4 " = 1 ' - 0 " SC A L E : 1 / 4 " = 1 ' - 0 " 2- C A R G A R A G E M. B A T H . MA S T E R B E D R O O M BA T H R O O M 2 BE D R O O M 2 BE D R O O M 3 LI V I N G KITCHENDINING LA U N D R Y AR E A T A B U L A T I O N LI V I N G A R E A : EN T R Y P A T I O : 730 10 / 31 / 2015CHARLES D. GARLAND JORGE SEPTIEN CO U R T Y A R D FLOOR PLAN 3 FL O O R P L A N " 3 " SC A L E : 1 / 4 " = 1 ' - 0 " SC A L E : 1 / 4 " = 1 ' - 0 " 2- C A R G A R A G E KITCHEN DININGLIVING BE D R O O M 3 BE D R O O M 2 MA S T E R B E D R O O M MA S T E R B A T H . BA T H . 2 BA T H . 3 LA U N D . AR E A T A B U L A T I O N LI V I N G A R E A : EN T R Y P A T I O : 731 732 ATTACHMENT 5 733 7 3 4 ATTACHMENT 6 735 736 SANDTRAP SANDTRAP A S P H ASPH ASPH ASPH RO C K RO C K RO C K RO C K RO C K RO C K TEE TEE p DENSE TREES DENS E T R E E S DENSE TREES D E N S E T R E E S DENSE TREES SCATTERED BRUSH S C A T T E R E D B R U S H TEE FAIRWAY GREEN AS P H AS P H AS P H AS P H ASPH ASPH ASPH TEE ROCK ROCK RO C K RO C K RO C K RO C K RO C K TEE DENSE TREES DENSE TREES DE N S E T R E E S DENSE TREES D E N S E T R E E S SCATTERED BRUSH 61.61 RO C K CO N C CO N C CO N C CO N C C O N C CO N C CO N C CON C CO N C CO N C CO N C CO N C C O N C CONC C O N C C O N C CONC CONC CO N C CONC CONC CONC CONC CONC CON C CON C C O N C CONC CO N C CO N C CO N C CONC C O N C C O N C C O N C C O N C CONC CONC CO N C CO N C CO N C CON C CO N C C O N C CO N C C O N C CON C C O N C C O N C C O N C C O N C C O N C C O N C C O N C CONC CO N C CONC CONC CONC CONC C O N C CO N C AS P H 45 40 50 60 AS P H 6 0 60 6565 6 0 60 5 5 50 45 50 50 5 0 55 55 CONC 65 65 AS P H 6 0 6 0 55 6 0 60 AS P H AS P H 35 3 0 30 45 55 50 40 35 6 0 60 25 30 45 55 50 40 35 25 60 6 0 HV-020714T33 6 0 6 0 RO C K CO N C RO C K CO N C CO N C P O O L 55 60 6 0 DE N S E T R E E S RO C K 58.50 61.80 59.50 58.80 59.30 66.60 65.10 63.30 54.90 58.90 63.90 62.90 65.20 65.40 63.30 63.30 62.50 62.30 59.40 60.20 61.60 61.30 63.80 60.40 61.10 55.30 31.40 40.50 31.70 33.60 31.50 31.30 30.40 28.90 28.50 25.80 29.30 30.60 59.60 59.60 59.50 62.80 62.30 61.30 61.50 61.30 61.70 62.70 61.90 61.70 59.20 60.30 60.50 62.40 55.60 54.20 60.50 58.6060.70 60.10 59.90 59.80 59.50 60.90 59.40 58.90 60.50 58.60 27.30 24.80 28.10 29.50 29.20 29.60 26.20 57.60 58.30 58.30 57.90 57.60 46.50 61.10 59.30 58.90 60.60 60.50 60.50 60.50 56.40 56.30 55.40 55.60 55.30 55.30 56.4056.40 58.60 58.40 61.60 62.40 63.5063.70 58.80 54.50 54.50 59.60 58.30 57.10 60.80 59.30 59.40 58.50 60.30 58.80 64.30 61.60 60.60 57.30 62.60 62.60 62.70 62.40 62.70 63.10 64.50 63.30 62.50 61.80 61.40 62.60 62.20 61.80 63.60 63.20 62.70 62.60 32.80 31.70 30.40 29.80 28.30 28.80 28.40 29.30 30.60 31.40 28.10 29.60 59.80 56.70 61.20 60.90 61.50 62.30 63.20 61.90 59.70 59.40 60.30 57.70 56.40 56.70 53.80 52.70 50.80 55.40 61.70 58.90 59.80 60.80 58.70 58.40 59.50 59.60 58.90 29.90 57.80 57.80 57.40 59.80 56.6059.20 58.90 49.30 50.30 49.7050.30 51.60 44.4045.30 60.60 60.40 59.40 59.50 59.60 59.50 58.50 58.60 57.50 57.50 55.40 55.30 57.50 57.40 60.60 59.5059.40 61.50 62.50 64.60 56.20 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LEGAL DESCRIPTION ASSESSOR'S PARCEL NOS.: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE NORTH 89°55'21" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 1322.61 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO COACHELLA VALLEY STORM WATER DISTRICT, BY DEED RECORDED APRIL 12, 1921 IN BOOK 545, PAGE 53 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 37°11'18" WEST, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, 1208.95 FEET TO A POINT HAVING A RADIAL BEARING OF NORTH 50°31'15" WEST; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE ON A CURVE CONCAVE TO THE NORTHWEST DESCRIBED AS HAVING A CENTRAL ANGEL OF 38°54'00", A RADIUS OF 946.28 FEET, AN ARC DISTANCE OF 642.46 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, ALONG A TANGENT LINE, SOUTH 78°22'45" WEST, A DISTANCE OF 51.37 FEET TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE, NORTH 0°04'39" WEST, A DISTANCE OF 1297.01 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN TRACT 4518 AS SHOWN BY MAP ON FILE IN BOOK 75, PAGES 20 AND 21 OF MAPS, RIVERSIDE COUNTY RECORDS. EXCEPT ANY PORTION LYING NORTH OF THE NORTH LINE OF TRACT 4518 AS SHOWN BY MAP ON FILE IN BOOK 75, PAGES 20 AND 21 OF MAPS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN TRACT NO. 2190, AS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 55 THROUGH 57, INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THAT PORTION OF SAID LAND INCLUDED IN FINAL ORDER OF CONDEMNATION IN FAVOR OF THE CITY OF LA QUINTA RECORDED JUNE 28, 2006 AS INSTRUMENT NO. 2006-0467379 OF OFFICIAL RECORDS. LOTS 1 THROUGH 9, TR 2190. MA G N E T I C SCALE: 1" = 80' ( IN FEET ) 800 160 240 400120 PRELIMINARY PRECISE GRADING PLAN SHEET NO: OF SHTS. BENCHMARK: SCALE:FILE NO:W.O.FOR: No. 26662 EXP. 3-31-16 LIVIC L L O Y D W .WAT S O N R E G I S T E R E D P R O F E SSIONA L E N G I N E E R PREPARED BY: LLOYD W. WATSON R.C.E. NO. 26662 DATE: A INROFILACFOET A T S SEAL - ENGINEER DATEAPPRREVISIONSDATEMARK BY ENGINEER PRIVATE ENGINEERING NOTEALL UNDERGROUND UTILITIES OR STRUCTURES REPORTED BY THE OWNER OR OTHERS AND THOSE SHOWN ON THE RECORDS EXAMINED ARE INDICATED WITH THEIR APPROXIMATE LOCATION AND EXTENT. THE OWNER, BY ACCEPTING THESE PLANS OR PROCEEDING WITH IMPROVEMENTS PURSUANT THERETO, AGREES TO ASSUME LIABILITY AND TO HOLD UNDERSIGNED HARMLESS FOR ANY DAMAGES RESULTING FROM EXISTENCE OF UNDERGROUND UTILITIES OR STRUCTURES NOT REPORTED TO THE UNDERSIGNED, NOT INDICATED OR SHOWN ON THE RECORDS EXAMINED. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES OR STRUCTURES SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT THE SITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITIES OR STRUCTURES CONCERNED BEFORE STARTING WORK. NOTE: WORK CONTAINED WITHIN THESE PLANS SHALL NOT COMMENCE UNTIL AN ENCROACHMENT PERMIT AND/OR A GRADING PERMIT HAS BEEN ISSUED. THE PRIVATE ENGINEER SIGNING THESE PLANS IS RESPONSIBLE FOR ASSURING THE ACCURACY AND ACCEPTABILITY OF THE DESIGN HEREON. IN THE EVENT OF DISCREPANCIES ARISING AFTER COUNTY APPROVAL OR DURING CONSTRUCTION THE PRIVATE ENGINEER SHALL BE RESPONSIBLE FOR THE DETERMINING AN ACCEPTABLE SOLUTION AND REVISING THE PLANS FOR APPROVAL BY THE COUNTY. UNDERGROUND UTILITIES ALL UNDERGROUND UTILITIES OR STRUCTURES REPORTED BY THE OWNER OR OTHERS AND THOSE SHOWN ON THE RECORDS EXAMINED ARE INDICATED WITH THEIR APPROXIMATE LOCATION AND EXTENT. THE OWNER, BY ACCEPTING THESE PLANS OR PROCEEDING WITH IMPROVEMENTS PURSUANT THERETO, AGREES TO ASSUME LIABILITY AND TO HOLD UNDERSIGNED HARMLESS FOR ANY DAMAGES RESULTING FROM EXISTENCE OF UNDERGROUND UTILITIES OR STRUCTURES NOT REPORTED TO THE UNDERSIGNED, NOT INDICATED OR SHOWN ON THE RECORDS EXAMINED. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES OR STRUCTURES SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT THE SITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITIES OR STRUCTURES CONCERNED BEFORE STARTING WORK. SEAL - CITY SCALE AS SHOWN 2 1 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA D I U OYEBEROF L L A G C CALL TOLL FREE 2600 227- UNDERGROUND SERVICE ALERT 2 WORKING DAYS BEFORE YOU DIG 1-800- IN THE NW 1/4 OF THE NW 1/4 OF SECTION 28, T5S, R7E, S.B.M. INDIO, CA 92201 50-200 MONROE STREET W A T S O N E N G I N E E R I N G WW CIVIL ENGINEERING LAND PLANNING PH: (760) 275-1553 D I U OYEBEROF L L A G C CALL TOLL FREE 2600 227- UNDERGROUND SERVICE ALERT 2 WORKING DAYS BEFORE YOU DIG 1-800- DATE: PUBLIC WORKS DIRECTOR/ CITY ENGINEER EXP. DATE 12/31/14 TIMOTHY R. JONASSON, P.E. RCE NO. 45843 APPROVED BY THE CITY OF LA QUINTA APRIL, 2015 NO.REVISIONS APPROVED DATE SHEET INDEX: INDEX SHEET: SHEET 1 TENTATIVE MAP SHEET : SHEET 2 600-080-041, 600-080-042, AND 600-080-001 THROUGH 600-080-009 NTS 2% 18.5' PROP AC PAVEMENT PROP CURB & GUTTER TYPICAL SECTION LOT "A" (PUBLIC) 2% 18.5' PROP CURB & GUTTER R/WPROP C/L UTILITY AGENCIES: WATER COACHELLA VALLEY WATER DISTRICT (760) 398-2651 SEWER COACHELLA VALLEY WATER DISTRICT (760) 398-2651 ELECTRIC IMPERIAL IRRIGATION DISTRICT (760) 398-5854 TELEPHONE VERIZON TELEPHONE COMPANY (760) 864-1720 GAS SOUTHERN CALIFORNIA GAS COMPANY (760) 341-2345 TV TIME WARNER CABLE (888) 200-4388 SCHOOL DISTRICT DESERT SANDS UNIFIED (760) 777-4200 OWNER/APPLICANT: DESERT LAND HOLDINGS, LLC. 75-161 SEGO LANE, E-3 PALM DESERT, CA 92211 PHONE: (760) 834-8278 APN'S: 600-080-041 & 600-080-042 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 JE F F E R S O N S T R E E T PALM CIRCLE FIESTA DRIVE TRACT 4518 MB 75/20-21 COAC H E L L A S T O R M W A T E R C H A N N E L GOLF COURSE CVWD TR A C T 2 1 9 0 MB 4 1 / 5 5 - 5 7 LOT "C" LO T " A " LO T " B " CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 PHONE: (760) 777-7000 LOTS 1 THROUGH 9, TR 2190 APN'S: 600-080-001 THROUGH 600-080-009 R/WPROP REMA I N D E R GROSS AREA: PROPOSED ZONE: EXISTING ZONE: EXISTING GP: PROPOSED GP: NET AREA: EXISTING LAND USE: RL (LOW DENSITY RESIDENTIAL), GC (GOLF COURSE), FP (FLOOD PLAIN) MHDR (MEDIUM/HIGH DENSITY RESIDENTIAL), G (RECREATION), FP (FLOOD PLAIN) VACANT, JEFFERSON ST. LANDSCAPING, STORMWATER CHANNEL MR (MEDIUM DENSITY RESIDENTIAL), FP (FLOOD PLAIN) 233,003 SQ. FT. (5.35 AC.) 196,518 SQ. FT. (4.51 AC.) PRECISE GRADING PLANTRACT 36875 PRELIMINARY TRACT 36875 HWY 111 J E F F E R S O N S T R E E T MA D I S O N S T R E E T DU N E P A L M S AVENUE 48 WESTWARD HO DR MILES AVENUE CL I N T O N S T R E E T SH I E L D S R O A D YO U N G S L N . VICINITY MAP N.T.S. THOMAS BROTHERS 2007 PG. 5470, A-2 AVENUE 48 AL L A M E R I C A N C A N A L AVENUE 48 SITEPROJECT MHDR (MEDIUM/HIGH DENSITY RESIDENTIAL), FP (FLOOD PLAIN) FLOO D P L A I N THE VILLAS AT INDIAN SPRINGS FOR APRIL, 2015 BEING A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 28, T5S, R7E, S.B.M. AND LOTS 1 THROUGH 9 OF TRACT 2190 THE VILLAS AT INDIAN SPRINGS FOR 737 SA N D T R A P SA N D T R A P ASPH A S P H A S P H A S P H R O C K R O C K R O C K R O C K p DE N S E T R E E S D E N S E T R E E S DENSE TREES D E N S E T R E E S SC A T T E R E D B R U S H SCAT T E R E D B R U S H FA I R W A Y GR E E N A S P H A S P H AS P H T E E R O C K R O C K DE N S E T R E E S D E N S E T R E E S SC A T T E R E D B R U S H 61 . 6 1 R O C K C O N C C O N C C O N C C O N C C O N C C O N C C O N C C O N C CON C C O N C CONC CONC C O N C C O N C C O N C C O N C C O N C C O N C C O N C C O N C C O N C C O N C CONC C O N C C O N C CONC CONC CONC CONC C O N C C O N C C O N C CO N C CO N C CO N C CON C CO N C CON C C O N C CON C CON C CON C CONC CONC CONC CONC C O N C CO N C C O N C C O N C C O N C C O N C CONC AS P H 60 60 6 0 60 5 0 50 55 55 CO N C 6 5 65 A S P H 6 0 A S P H A S P H 30 30 4 5 5 5 5 0 4 0 3 5 60 6 0 2 5 3 0 4 5 5 5 5 0 4 0 3 5 2 5 60 60 HV - 0 2 0 7 1 4 T 3 3 60 60 R O C K C O N C R O C K C O N C C O N C POOL 5 5 6 0 60 R O C K 54 . 9 0 58 . 9 0 63 . 9 0 65 . 2 0 65 . 4 0 63 . 3 0 63 . 3 0 62 . 5 0 62 . 3 0 59 . 4 0 60 . 2 0 61 . 6 0 61 . 3 0 63 . 8 0 60 . 4 0 61 . 1 0 55 . 3 0 31 . 4 0 40 . 5 0 31 . 7 0 33 . 6 0 31 . 5 0 31 . 3 0 30 . 4 0 28 . 9 0 28 . 5 0 29 . 3 0 30 . 6 0 59 . 6 0 59 . 6 0 59 . 5 0 62 . 8 0 62 . 3 0 61 . 3 0 61 . 5 0 61 . 3 0 61 . 7 0 62 . 7 0 61 . 9 0 61 . 7 0 59 . 2 0 60 . 3 0 60 . 5 0 62 . 4 0 60 . 5 0 58 . 6 0 60 . 7 0 60 . 1 0 59 . 9 0 59 . 8 0 59 . 5 0 60 . 9 0 59 . 4 0 58 . 9 0 60 . 5 0 58 . 6 0 27 . 3 0 24 . 8 0 28 . 1 0 29 . 5 0 29 . 2 0 29 . 6 0 26 . 2 0 57 . 6 0 58 . 3 0 58 . 3 0 57 . 9 0 57 . 6 0 61 . 1 0 59 . 3 0 58 . 9 0 60 . 5 0 56 . 4 0 56 . 3 0 55 . 4 0 55 . 6 0 55 . 3 0 55 . 3 0 56 . 4 0 56 . 4 0 58 . 6 0 58 . 4 0 61 . 6 0 62 . 4 0 63 . 5 0 63 . 7 0 58 . 8 0 59 . 4 0 62 . 4 0 63 . 1 0 64 . 5 0 63 . 3 0 62 . 5 0 61 . 8 0 61 . 4 0 62 . 6 0 62 . 2 0 61 . 8 0 63 . 6 0 63 . 2 0 62 . 7 0 62 . 6 0 32 . 8 0 30 . 4 0 29 . 8 0 28 . 8 0 28 . 4 0 29 . 3 0 30 . 6 0 31 . 4 0 28 . 1 0 29 . 6 0 59 . 8 0 56 . 7 0 61 . 2 0 60 . 9 0 61 . 5 0 62 . 3 0 63 . 2 0 61 . 9 0 59 . 7 0 59 . 4 0 60 . 3 0 57 . 7 0 56 . 4 0 61 . 7 0 58 . 9 0 59 . 8 0 60 . 8 0 58 . 7 0 58 . 4 0 59 . 5 0 59 . 6 0 58 . 9 0 29 . 9 0 57 . 8 0 57 . 8 0 57 . 4 0 59 . 8 0 56 . 6 0 59 . 2 0 58 . 9 0 49 . 3 0 50 . 3 0 49 . 7 0 50 . 3 0 60 . 4 0 59 . 4 0 59 . 5 0 59 . 6 0 59 . 5 0 58 . 5 0 58 . 6 0 57 . 5 0 57 . 5 0 55 . 4 0 55 . 3 0 57 . 5 0 57 . 4 0 60 . 6 0 59 . 5 0 59 . 4 0 61 . 5 0 62 . 5 0 64 . 6 0 56 . 2 0 R = 3 0 0 0 . 0 0 ' L = 5 0 6 . 7 2 ' N 3 7 ° 1 2 ' 0 6 " E 2 0 2 . 4 5 ' 63 . 6 5 ' 5.13'94.90' 100.46' 14.33' N 8 9 ° 5 5 ' 4 2 " E 78.74' 74.45' 77.46' N 8 9 ° 5 5 ' 4 2 " E 7 7 . 4 3 ' 77.46' 9.59' N 8 9 ° 5 5 ' 4 2 " E 7 3 . 7 6 ' 85.00' N 8 9 ° 5 5 ' 4 2 " E 7 8 . 8 4 ' 75.56' 80.00' N 8 9 ° 5 5 ' 4 2 " E 8 3 . 2 6 ' 80.12' 80.00' N 8 9 ° 5 5 ' 4 2 " E 7 7 . 3 7 ' 80.00'37.23' 80.00' N 8 9 ° 5 5 ' 4 2 " E 7 8 . 1 9 ' 3.87'38.91' 17.69'37.65'24.69' 80.12' 80.06' N 8 9 ° 5 5 ' 4 2 " E 8 7 . 3 7 ' 80.12' 80.00' N 8 9 ° 5 5 ' 4 2 " E 8 1 . 1 9 ' 80.06' 80.00' N 8 9 ° 5 5 ' 4 2 " E 8 4 . 1 9 ' 80.06' 80.06' N 8 9 ° 5 5 ' 4 2 " E 8 8 . 7 3 ' 80.12'11.28' 25.50' 86. 4 4 ' 8 4 . 0 0 ' N 01°03'02" E 140.70' 80.00' N 8 9 ° 5 5 ' 4 2 " E 8 7 . 1 9 ' 80.06' 85.00' 2.62' 82.45' 51.8 2 ' 112.16' 1 4 6 . 1 0 ' N 2 7 ° 2 6 ' 2 1 " W 1 4 . 3 3 ' L=86.9 3 ' R=167.93' N 31° 5 5 ' 2 3 " W 5 0 . 0 0 ' L=56.1 6 ' R=108.50' L = 1 4 0 . 8 8 ' R = 3 8 . 5 0 ' 2 2 . 0 0 ' N 8 7 ° 4 4 ' 0 6 " E N 02°15'54" W 326.49' N 02°15'54" W 210.30' C 4 N 00°04'18" W 277.57' N 00°04'18" W 314.69' L=38.28' R=1000.00' N 02°15'54" W 326.49' N 05°32'36" W 110.05' N 00°04'18" W 277.59' 64 . 6 1 ' 35 . 3 3 ' 37 . 5 2 ' N 00°07'07"W 739.78' R = 3 0 0 0 . 0 0 ' L = 2 8 1 . 7 3 ' N 03°14'05"W 407.33' N 00°04'39"W 764.15' R = 2 0 . 0 0 ' L= 3 1 . 4 2 ' R=3000.00' L=17.56' N 00°04'39" W 77.64' L = 6 3 2 . 3 0 ' R = 9 4 6 . 2 8 ' TC 61.90FL 61.34HP TC 61.90FL 61.34HP FS 61.73HP-VC 1.44% TC 61.50 TC 61.10 TC 60.70 TC 61.82 TC 61.40 TC 61.10 TC 60.60 TC 60.30 TC 60.20 TC 59.90 TC 59.80 TC 59.50FL 58.94LP TC 59.91 FS 61.20 FS 60.50 FS 60.00 0.50% 0.50 % 0.50% TC 59.50FL 58.94LP 0.50% 0.50% 0.50% 0.50% TC 60.23FL 60.67HP 15.0% 20 1 . 1 2 ' N 8 9 ° 5 5 ' 4 2 " E 7 7 . 5 0 ' N 8 9 ° 5 5 ' 4 2 " E 9 0 . 4 6 ' N 8 9 ° 5 5 ' 4 2 " E 8 6 . 0 2 ' C1 C2 21 . 2 1 ' C3 TC 61.11FL 60.61 (T C 6 0 . 5 2 ) (F L 6 0 . 1 6 ) 60.52FL-HP (60.27)FL 0. 6 0 7 % 0. 3 5 % 60.46FL FS 59.33 59585756555453 12.89' M A G N E T I C SCALE: 1" = 40' ( IN FEET ) 400 80 120 20060 LOT "A" LOT "B" 25' 44 ' EX R / W EX R/W SHEET NO: OF SHTS. BENCHMARK: SCALE:FILE NO:W.O.FOR: No. 26662 EXP. 3-31-16 LIVIC L L O Y D W .WAT S O N R E G I S T E R E D P R O F E SSIONA L E N G I N E E R PREPARED BY: LLOYD W. WATSON R.C.E. NO. 26662 DATE: A INROFILACFOET A T S SEAL - ENGINEER DATEAPPRREVISIONSDATEMARK BY ENGINEER PRIVATE ENGINEERING NOTEALL UNDERGROUND UTILITIES OR STRUCTURES REPORTED BY THE OWNER OR OTHERS AND THOSE SHOWN ON THE RECORDS EXAMINED ARE INDICATED WITH THEIR APPROXIMATE LOCATION AND EXTENT. THE OWNER, BY ACCEPTING THESE PLANS OR PROCEEDING WITH IMPROVEMENTS PURSUANT THERETO, AGREES TO ASSUME LIABILITY AND TO HOLD UNDERSIGNED HARMLESS FOR ANY DAMAGES RESULTING FROM EXISTENCE OF UNDERGROUND UTILITIES OR STRUCTURES NOT REPORTED TO THE UNDERSIGNED, NOT INDICATED OR SHOWN ON THE RECORDS EXAMINED. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES OR STRUCTURES SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT THE SITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITIES OR STRUCTURES CONCERNED BEFORE STARTING WORK. NOTE: WORK CONTAINED WITHIN THESE PLANS SHALL NOT COMMENCE UNTIL AN ENCROACHMENT PERMIT AND/OR A GRADING PERMIT HAS BEEN ISSUED. THE PRIVATE ENGINEER SIGNING THESE PLANS IS RESPONSIBLE FOR ASSURING THE ACCURACY AND ACCEPTABILITY OF THE DESIGN HEREON. IN THE EVENT OF DISCREPANCIES ARISING AFTER COUNTY APPROVAL OR DURING CONSTRUCTION THE PRIVATE ENGINEER SHALL BE RESPONSIBLE FOR THE DETERMINING AN ACCEPTABLE SOLUTION AND REVISING THE PLANS FOR APPROVAL BY THE COUNTY. UNDERGROUND UTILITIES ALL UNDERGROUND UTILITIES OR STRUCTURES REPORTED BY THE OWNER OR OTHERS AND THOSE SHOWN ON THE RECORDS EXAMINED ARE INDICATED WITH THEIR APPROXIMATE LOCATION AND EXTENT. THE OWNER, BY ACCEPTING THESE PLANS OR PROCEEDING WITH IMPROVEMENTS PURSUANT THERETO, AGREES TO ASSUME LIABILITY AND TO HOLD UNDERSIGNED HARMLESS FOR ANY DAMAGES RESULTING FROM EXISTENCE OF UNDERGROUND UTILITIES OR STRUCTURES NOT REPORTED TO THE UNDERSIGNED, NOT INDICATED OR SHOWN ON THE RECORDS EXAMINED. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES OR STRUCTURES SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT THE SITE. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITIES OR STRUCTURES CONCERNED BEFORE STARTING WORK. SEAL - CITY SCALE AS SHOWN 2 2 D I U OYEBEROF L L A G C CALL TOLL FREE 2600 227- UNDERGROUND SERVICE ALERT 2 WORKING DAYS BEFORE YOU DIG 1-800- INDIO, CA 92201 50-200 MONROE STREET W A T S O N E N G I N E E R I N G WW CIVIL ENGINEERING LAND PLANNING PH: (760) 275-1553 D I U OYEBEROF L L A G C CALL TOLL FREE 2600 227- UNDERGROUND SERVICE ALERT 2 WORKING DAYS BEFORE YOU DIG 1-800- DATE: PUBLIC WORKS DIRECTOR/ CITY ENGINEER EXP. DATE 12/31/14 TIMOTHY R. JONASSON, P.E. RCE NO. 45843 APPROVED BY THE CITY OF LA QUINTA NO.REVISIONS APPROVED DATE JEFFERSON STREET PA L M C I R C L E EX R / W LOT "C" FI E S T A 25' C/ L C/L 1 2 3 4 5 6 7 8 9 DR I V E 10 111213 1415 16 . 5 ' 16 . 5 ' 50' 33 ' EX SIDEWALK EX SD MH EX SWR MH EX SWR MH EX SD MHEX SD MH EX SWR MH C O A C H E L L A S T O R M W A T E R C H A N N E L GO L F C O U R S E PROP WEDGE C&G PROP WEDGE C&G C/L TRACT 4518 MB 75/20-21 EX RESIDENTIAL E X R E S I D E N T I A L EX R E S I D E N T I A L PA L M C I R C L E D R I V E PRIVATE DRIVE P R I V A T E D R I V E TRACT 2190MB 41/55-57 3132343536373839 EX SWR MH EX 4" GAS EX 12" WATER MAINCVWD DWG 9327 EX 8" SEWER MAINCVWD DWG 26220 EX 24" STORM DRAINCVWD DWG EX 24" WATER MAINCVWD DWG 30548 EX 8 " W A T E R M A I N CV W D D W G 9 3 2 7 EX FH RETENTION APN 600-080-001 APN 600-080-002 APN 600-080-003 APN 600-080-004 APN 600-080-005 APN 600-080-006 APN 600-080-00733 APN 600-080-008 APN 600-080-009EX S T R E E T L I G H T EX PARKING LOT EX X - G U T T E R EX C & G EX C&G EX LANDSCAPING PR O P 8 " S E W E R M A I N 32' PE 62.80 PE 62.80 PE 62.40 PE 62.00 PE 61.60 PE 61.20 PE 60.80 PE 60.80 PE 61.40 PE 62.72 PE 62.72 PE 62.30 PE 61.90 PE 61.50 PE 61.10 44 ' EX R/W 51 ' ± EX C&G PROP R/W 90 . 5 0 ' 46 . 5 0 ' EX LANDSCAPING EX MEDIAN 14 ' ± PROP 8" WATER MAIN PROP 8" SEWER MAIN REMAINDER C V W D 4' C O V E R A T FI N A L G R A D E DETAIL "A" NTS 1' MIN FI N A L G R A D E 4' C O V E R A T 18' EX 24" WATER MAIN PROP 8" SEWER MAIN EXISTING PAVEMENT DETAIL "A"SEE ABOVE EX FENCE 23°35'48"50.00' 20.59' 10.44' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT C1 C2 C3 C4 23°40'07"50.00' 20.65' 10.48' 90°00'00"25.00' 39.27' 25.00' 89°38'55"25.00' 39.12' 24.85' 24' 23' 7' 6' BLOCK WALL/RETENTION WALL 6' BLOCK WALL 6' BLOCK WALL 6' BLOCK WALL 1 0 ' P U E 10 ' PU E 6' BLOCK WALL 7'7' 5' 5' 5' 5' 7' 7'5' 10' 5'5' 5'5'5' 5' 9' 5.19' 2 2 ' 16 ' 7.5' 14 . 7 ' 2 0 ' 5.5' 1 5 . 7 ' 15 . 8 ' 10.2' 9. 9 ' 9. 8 ' 1 5 . 6 ' 7.5' 12.2' 10 . 8 ' 19 ' 20 . 1 ' 20 . 7 ' 13 . 9 ' 16 ' 7.2' 10 ' 18.7' 20 ' 20 . 7 ' 1 1 . 2 ' 25'10' 22 . 7 ' 1 4 . 9 ' 1 1 . 8 ' 8.2' 20 ' 7.5' 1 5 . 1 ' 1 5 . 7 ' 2 3 . 2 ' 2 3 . 6 ' 7.5' 1 7 . 7 ' 1 4 . 3 ' IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IN THE NW 1/4 OF THE NW 1/4 OF SECTION 28, T5S, R7E, S.B.M. APRIL, 2015 PRECISE GRADING PLANTRACT 36875 PRELIMINARY THE VILLAS AT INDIAN SPRINGS FOR UTILITY AGENCIES: WATER COACHELLA VALLEY WATER DISTRICT (760) 398-2651 SEWER COACHELLA VALLEY WATER DISTRICT (760) 398-2651 ELECTRIC IMPERIAL IRRIGATION DISTRICT (760) 398-5854 TELEPHONE VERIZON TELEPHONE COMPANY (760) 864-1720 GAS SOUTHERN CALIFORNIA GAS COMPANY (760) 341-2345 TV TIME WARNER CABLE (888) 200-4388 SCHOOL DISTRICT DESERT SANDS UNIFIED (760) 777-4200 STREET LOTS: BUILDABLE LOTS: 15 LOTS AVERAGE BUILDABLE LOT SIZE: 6,810 SQ. FT. MINIMUM BUILDABLE LOT SIZE: 6,000 SQ. FT. COMMON AREA LOTS: LOT "A" OPEN SPACE LOTS: LOT "B" LOT "C" LEGAL DESCRIPTION ASSESSOR'S PARCEL NOS.: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE NORTH 89°55'21" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 1322.61 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO COACHELLA VALLEY STORM WATER DISTRICT, BY DEED RECORDED APRIL 12, 1921 IN BOOK 545, PAGE 53 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 37°11'18" WEST, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, 1208.95 FEET TO A POINT HAVING A RADIAL BEARING OF NORTH 50°31'15" WEST; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE ON A CURVE CONCAVE TO THE NORTHWEST DESCRIBED AS HAVING A CENTRAL ANGEL OF 38°54'00", A RADIUS OF 946.28 FEET, AN ARC DISTANCE OF 642.46 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, ALONG A TANGENT LINE, SOUTH 78°22'45" WEST, A DISTANCE OF 51.37 FEET TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE, NORTH 0°04'39" WEST, A DISTANCE OF 1297.01 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN TRACT 4518 AS SHOWN BY MAP ON FILE IN BOOK 75, PAGES 20 AND 21 OF MAPS, RIVERSIDE COUNTY RECORDS. EXCEPT ANY PORTION LYING NORTH OF THE NORTH LINE OF TRACT 4518 AS SHOWN BY MAP ON FILE IN BOOK 75, PAGES 20 AND 21 OF MAPS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN TRACT NO. 2190, AS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 55 THROUGH 57, INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THAT PORTION OF SAID LAND INCLUDED IN FINAL ORDER OF CONDEMNATION IN FAVOR OF THE CITY OF LA QUINTA RECORDED JUNE 28, 2006 AS INSTRUMENT NO. 2006-0467379 OF OFFICIAL RECORDS. LOTS 1 THROUGH 9, TR 2190. 600-080-041, 600-080-042, AND 600-080-001 THROUGH 600-080-009 GROSS AREA: PROPOSED ZONE: EXISTING ZONE: EXISTING GP: PROPOSED GP: NET AREA: EXISTING LAND USE: RL (LOW DENSITY RESIDENTIAL), GC (GOLF COURSE), FP (FLOOD PLAIN) MHDR (MEDIUM/HIGH DENSITY RESIDENTIAL), G (RECREATION), FP (FLOOD PLAIN) VACANT, JEFFERSON ST. LANDSCAPING, STORMWATER CHANNEL MR (MEDIUM DENSITY RESIDENTIAL), FP (FLOOD PLAIN) 233,003 SQ. FT. (5.35 AC.) 196,518 SQ. FT. (4.51 AC.) MHDR (MEDIUM/HIGH DENSITY RESIDENTIAL), FP (FLOOD PLAIN) OWNER/APPLICANT: DESERT LAND HOLDINGS, LLC. 75-161 SEGO LANE, E-3 PALM DESERT, CA 92211 PHONE: (760) 834-8278 APN'S: 600-080-041 & 600-080-042 CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 PHONE: (760) 777-7000 LOTS 1 THROUGH 9, TR 2190 APN'S: 600-080-001 THROUGH 600-080-009 RESIDENTIAL LOTS: LOTS 1-15 738 ATTACHMENT 7 739 740 741 742 Date OCTOBER Oct. 4 CITY COUNCIL MEETING Oct. 5-7 ANNUAL LEAGUE OF CITIES CONFERENCE (Long Beach) Oct. 5 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD Oct. 10 COMMUNITY SERVICES COMMISSION Oct. 11 PLANNING COMMISSION Oct. 12 HOUSING COMMISSION Oct. 18 CITY COUNCIL MEETING Oct. 25 PLANNING COMMISSION Date NOVEMBER Nov. 1 CITY COUNCIL MEETING Nov 2 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD Nov 8 PLANNING COMMISSION Nov. 9 INVESTMENT ADVISORY COMMITTEE Nov. 11 VETERANS DAY - CITY HALL CLOSED Nov 14 COMMUNITY SERVICES COMISSION Nov. 15 CITY COUNCIL MEETING Nov. 22 PLANNING COMMISSION Nov. 24-25 THANKSGIVING HOLIDAY - CITY HALL CLOSED Date DECEMBER Dec 6 CITY COUNCIL MEETING - HOLIDAY OPEN HOUSE Dec 7 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD Dec. 12 COMMUNITY SERVICES COMMISSION Dec. 13 PLANNING COMMISSION Dec. 20 CITY COUNCIL MEETING Dec. 26 CHRISTMAS - CITY HALL CLOSED Dec. 27 PLANNING COMMISSION CITY COUNCIL BOARDS, COMMISSION AND OUTSIDE AGENCY MEETINGS OCTOBER 2016 - DECEMBER 2016 CI T Y O F L A Q U I N T A CA L E N D A R 743 Day No Meeting No Meeting No Meeting No Meeting TBD Day No Meeting 11 2:00 p.m. 13 8:00 a.m.CHAMBER OF COMMERCE INFORMATION EXCHANGE 19 3:00 p.m. 26 11:00 a.m. TBD Day 3 6:00 p.m. No Meeting 11 2:00 p.m. 12 4:00 p.m. 20 8:00 a.m. Day No Meeting No Meeting Day No Meeting 12 9:30 a.m. 12 4:00 p.m. TBD CVAG COACHELLA VALLEY CONSERVATION COMMISSION CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU CVAG EXECUTIVE COMMITTEE COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE COACHELLA VALLEY MOUNTAINS CONSERVANCY Time KRISTY FRANKLIN, COUNCILMEMBER Time LEE OSBORNE, COUNCILMEMBER CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE ROBERT RADI, COUNCILMEMBER RIVERSIDE COUNTY TRANPORTATION COMMISSION (RCTC) ECONOMIC-DEVELOPMENT SUB COMMITTEE COAHELLA VALLEY SCHOOL DISTRICT COMMITTEE Time Time JOHN PEÑA, , COUNCILMEMBER CVAG TRANSPORTATION COMMITTEE OUTSIDE AGENCY UPCOMING MEETING DATES OCTOBER 2016 ANIMAL CAMPUS COMMISSION IID ENERGY CONSUMERS' ADVISORY COMMITTEE CVAG SAFETY COMMITTEE ECONOMIC-DEVELOPMENT SUB COMMITTEE EAST VALLEY COALITION DESERT SANDS UNIFIED DISTRICT COMMITTEE JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY SUNLINE TRANSIT AGENCY COACHELLA VALLEY SCHOOL DISTRICT COMMITTEE DESERT SANDS UNIFIED DISTRICT COMMITTEE LINDA EVANS, MAYORTime 744 Day 10 10 18 No Meeting TBD 14 3:00 p.m. No Meeting No Meeting TBD No Meeting TBD CHAMBER OF COMMERCE INFORMATION EXCHANGE 7 6:00 p.m. 9 4:00 p.m. 14 9:00 a.m. 17 8:00 a.m. No Meeting 10 9:30 a.m. 16 10:00 a.m. 7 9:00 a.m. 9 9:30 a.m. 9 4:00 p.m. TBD OUTSIDE AGENCY UPCOMING MEETING DATES NOVEMBER 2016 Time LINDA EVANS, MAYOR CVAG COACHELLA VALLEY CONSERVATION COMMISSION CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU CVAG EXECUTIVE COMMITTEE (December 5) COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE KRISTY FRANKLIN, COUNCILMEMBER COACHELLA VALLEY MOUNTAINS CONSERVANCY JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY SUNLINE TRANSIT AGENCY COACHELLA VALLEY SCHOOL DISTRICT COMMITTEE DESERT SANDS UNIFIED DISTRICT COMMITTEE LEE OSBORNE, COUNCILMEMBER ROBERT RADI, COUNCILMEMBER CVAG TRANSPORTATION COMMITTEE IID ENERGY CONSUMERS' ADVISORY COMMITTEE CVAG SAFETY COMMITTEE ECONOMIC-DEVELOPMENT SUB COMMITTEE EAST VALLEY COALITION DESERT SANDS UNIFIED DISTRICT COMMITTEE JOHN PEÑA, , COUNCILMEMBER RIVERSIDE COUNTY TRANPORTATION COMMISSION (RCTC0 ECONOMIC-DEVELOPMENT SUB COMMITTEE COAHELLA VALLEY SCHOOL DISTRICT COMMITTEE ANIMAL CAMPUS COMMISSION CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE 745 Day No Meeting No Meeting No Meeting 5 4:30 P.M. TBD No Meeting No Meeting 7 11:00 a.m. TBD No Meeting No Meeting CHAMBER OF COMMERCE INFORMATION EXCHANGE 5 6:00 p.m. No Meeting TBD No Meeting 14 4:00 p.m. No Meeting No Meeting No Meeting 14 9:30 a.m. 14 4:00 p.m. TBD OUTSIDE AGENCY UPCOMING MEETING DATES DECEMBER 2016 Time LINDA EVANS, MAYOR CVAG COACHELLA VALLEY CONSERVATION COMMISSION CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU CVAG EXECUTIVE COMMITTEE COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE KRISTY FRANKLIN, COUNCILMEMBER COACHELLA VALLEY MOUNTAINS CONSERVANCY JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY SUNLINE TRANSIT AGENCY COACHELLA VALLEY SCHOOL DISTRICT COMMITTEE DESERT SANDS UNIFIED DISTRICT COMMITTEE LEE OSBORNE, COUNCILMEMBER ROBERT RADI, COUNCILMEMBER CVAG TRANSPORTATION COMMITTEE RIVERSIDE COUNTY TRANPORTATION COMMISSION (RCTC0 IID ENERGY CONSUMERS' ADVISORY COMMITTEE CVAG SAFETY COMMITTEE EAST VALLEY COALITION DESERT SANDS UNIFIED DISTRICT COMMITTEE ECONOMIC-DEVELOPMENT SUB COMMITTEE JOHN PEÑA, , COUNCILMEMBER ANIMAL CAMPUS COMMISSION ECONOMIC-DEVELOPMENT SUB COMMITTEE COAHELLA VALLEY SCHOOL DISTRICT COMMITTEE CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE 746 747 748 749 750 DESIGN AND DEVELOPMENT DEPARTMENT The Design and Development Department represents one of six City departments, and consists of six divisions: The Hub, Planning, Building, Public Works Development, Engineering Services, and Administration. 162 STVRP Permits 668 Business Licenses 2,476 Phone Calls Received 374 Total Issued Permits 61 Total E-TRAKiT 1,239 Total Customers Served $388,876.14 Permit , Project and License Fees Collected $663,104.18 TOT Fees Collected The Hub serves as a one-stop shop for La Quinta patrons. It is the central location for obtaining permits for planning, building, engineering, garage sales, and special events. The Hub assists customers through the permitting process from initial questions and pre-applications through inspections and final certificate of occupancy. Below are some July and August 2016 metrics: Customer Satisfaction Survey The Hub recently launched a survey to measure the satisfaction of its customers. The survey used a one to five star rating system, with “Five Stars” being excellent. The Hub received 34 surveys for the months of July and August, and the results were stellar. 97.9 91.9 96 90 91 92 93 94 95 96 97 98 Quality of Service Wait Time Helpfulness Quality of Service Wait Time Helpfulness Percent Rating Service as “Five Stars” 751 DESIGN AND DEVELOPMENT DEPARTMENT The Building Division administers all building permit applications and plans for compliance with requirements established in the entitlement process, La Quinta Municipal Code, and all currently applicable California Building Standards Codes. The Planning Division works with residential and commercial property/business owners and developers to ensure development in the City is constructed consistent with the City’s goals and policies. Building Permits Submitted Year 2016 2015 July 156 207 July eTRAKiT 19 0 August 148 143 August eTRAKiT 17 0 Year To Date 1,509 1,319 Building Inspections Year 2016 2015 July 683 969 August 735 909 Year To Date 5,899 6,774 Entitlement Permits Includes site development permits, conditional use permits, subdivision maps, etc. Administrative Permits Includes sign applications, temporary use permits, minor use permits, final landscaping plans, etc. Planning Activity Submitted Applications Year 2016 2015 July 4 2 August 6 5 Year To Date 25 37 Building Permits Issued Year 2016 2015 July 126 200 July eTRAKiT 11 0 August 121 167 August eTRAKiT 19 0 Year To Date 1,307 1,479 Submitted Applications Year 2016 2015 July 4 3 August 4 7 Year To Date 43 70 Building Activity 752 Public Works Development The Development Division provides engineering assistance with a variety of permits. During the months of July and August 2016, the following permits were issued: Engineering Services The Engineering Services Division provides engineering design and construction oversight on a variety of infrastructure projects that help keep La Quinta safe and beautiful. Highlighted below are some activities for July and August 2016:  Madison Street Median Landscape Conversion ‒ 60,000 square feet of turf is being converted to the City’s Desert Efficient Palette from Airport Boulevard to Avenue 54. The contractor is currently installing irrigation lines, shrubs, and cobble. Contracts are currently being executed for the following projects:  Park Playground Equipment ‒ will be installed at Eisenhower, Saguaro, and Velasco parks.  Eisenhower Drive/Avenida Bermudas Slurry Seal and Striping Improvements ‒ will entail pavement repairs, application of asphalt slurry, and reconfiguration of existing striping.  La Quinta Del Oro Landscape Conversion ‒ will convert existing landscape and turf to the City’s Desert Efficient Palette at Washington Street and Via Sevilla. CIP Project Highlights DESIGN AND DEVELOPMENT DEPARTMENT Transportation Year 2016 2015 July 1 3 August 1 0 Year To Date 13 37 Rough Grading Year 2016 2015 July 0 0 August 0 0 Year To Date 2 1  107 requests for service were recorded in the City’s GORequest system in July and August 2016, including: - Operational and safety checks of crosswalks, flashing stop signs, and safety lights - Spot checks of signal operation and vehicle detection systems - Addressed timing and other issues at various intersections, including Adams Street/Hwy 111, Washington Street/Point Happy Way, and Blackhawk Way/Dune Palms Road Traffic Division Traffic Year 2016 2015 July 7 4 August 10 7 Year To Date 53 45 Driveway Year 2016 2015 July 1 0 August 4 2 Year To Date 9 7 Cut and Bore Year 2016 2015 July 2 0 August 0 0 Year To Date 3 3 Excavation Year 2016 2015 July 0 1 August 0 0 Year To Date 1 5 753 754         755 756 Debris/Litter Removal/Right of Way Maint $10,105.85 Gutter/Median Sand Removal $2,345.36 Maint Yard /Building Maint $1,758.75 Meeting $2,093.74 Office (Phone, paper work, reports) $879.59 Other Concrete Repairs/Const $92.52 Pothole or Street Repair $6,375.67 Seminars/Training $504.79 Sidewalk Repair/Concrete C&G $1,222.08 Storm Drain Repair and Maint $1,310.37 Street Sign Repair/Maint $6,453.64 Street Sweeping $10,163.71 Traffic Controls $4,603.61 Vehicle/Equipment Maint/Services $2,449.94 Debris/Litter Removal/Right of Way Maint Gutter/Median Sand Removal Maint Yard /Building Maint Meeting Office (Phone, paper work, reports) Other Concrete Repairs/Const Pothole or Street Repair Seminars/Training Sidewalk Repair/Concrete C&G Storm Drain Repair and Maint Street Sign Repair/Maint Street Sweeping Traffic Controls Vehicle/Equipment Maint/Services 757 758 Debris/Litter Removal $68.68 Fritz Burns Pool Inspection $412.08 Inspection/Maint $2,502.21 Irrigation/TreeTrimming $2,286.31 Meeting $648.05 Misc $618.12 Playground Equip $1,055.50 Sign Maintenance $480.76 Trail Maintenance $1,095.84 Walkways $274.72 Waterfeatures $957.90 Debris/Litter Removal Fritz Burns Pool Inspection Inspection/Maint Irrigation/TreeTrimming Meeting Misc Playground Equip Sign Maintenance Trail Maintenance Walkways Waterfeatures 759 760 761 762 NEW IRRIGATION SYSTEM AND SOD LAYOUT AROUND NEW RESTROOM UNIT AT LA QUINTA PARK 763 764 Facilities Maintenance $1,856.47 Carpentry & Hardware $571.72 Electrical $505.00 HVAC $1,134.74 Janitorial $141.30 Meetings $225.52 Misc/General Repairs $1,675.43 Paint $267.79 Personnel Requests $982.78 Plumbing $297.88 Preventative Maint Tasks $1,778.12 Training Classes $1,030.01 FireStation/Electrical $471.18 FireStation/ HVAC $404.26 FireStation/Misc/General Repairs $71.65 FireStation/Personel Request $278.92 Facilities Maintenance Carpentry & Hardware Electrical HVAC Janitorial Meetings Misc/General Repairs Paint Personnel Requests Plumbing Preventative Maint Tasks Training Classes FireStation/Electrical FireStation/ HVAC FireStation/Misc/General Repairs FireStation/Personel Request 765 766 Storage Room Organization Art Gallery Repainted 767 768 769 770       771 772 Curb Painting $4,372.31 Debris/Litter Removal Right of Way Maint $13,627.58 Fred Wolff Sidewalk $190.00 Graffiti Removal $5,156.36 Gutter Median Sand Removal $1,104.60 Inspection $5,329.50 Irrigation/ Weeds/Shrub/Tree Trimming $16,501.78 Landscape/Irrigation Contract Mgt $2,598.87 Lighting Medians & Public Right-of-Way $76.95 Maint Yard Building Maint $1,933.84 Meeting $1,502.10 Office Administration $1,820.46 Other Concrete Repairs/Const $1,151.00 Pothole or Street Repair $4,244.85 Rondo Channel Maint $603.14 Seminars/Training $6,045.40 Sidewalk Repair $1,376.75 Storm Drain Repair & Maint $4,844.12 Street Signs $11,397.06 Street Sweeping (Hand) $1,284.74 Vandalism Repairs $1,708.08 Vehicle/Equipment Maint $2,744.80 Curb Painting Debris/Litter Removal/Right of Way Maint Fred Wolff Sidewalk Graffiti Removal Gutter/Median Sand Removal Inspection Irrigation/ Weeds/Shrub/Tree Trimming Landscape/Irrigation/Contract Mgt Lighting/Medians & Public Right-of-Way Maint Yard /Building Maint Meeting Office Administration Other Concrete Repairs/Const Pothole or Street Repair Rondo Channel Maint Seminars/Training Sidewalk Repair Storm Drain Repair & Maint Street Signs Street Sweeping (Hand) Vandalism Repairs Vehicle/Equipment Maint 773 774 775 776 Athletic Fields Insp $356.05 Contract Administration $266.20 Debris Litter Removal $1,385.45 Fencing/Wall Repairs $1,069.96 FB Pool Inspection $435.60 Inspection $2,454.40 Irrigation/Weeds TreeTrimming $1,717.00 Lighting/Electrical $557.28 Meeting $1,493.83 Misc $712.10 Office Administration $3,388.00 Playground Equipment Insp $833.19 Seminars Training $1,768.97 Sign Maintenance $274.72 Shelter Equipment Insp $287.37 Trail Maintenance $562.09 Walkways $287.37 Waterfeatures $233.15 Athletic Fields Insp Contract Administration Debris/Litter Removal Fencing/Wall Repairs FB Pool Inspection Inspection Irrigation/Weeds/TreeTrimming Lighting/Electrical Meeting Misc Office Administration Playground Equipment Insp Seminars/Training Sign Maintenance Shelter Equipment Insp Trail Maintenance Walkways Waterfeatures 777 778 779 780 Before After 781 782 783 784 Facilities Maintenance $3,755.24 Carpentry & Hardware $3,549.35 Electrical $271.63 HVAC $288.57 Janitorial $297.47 Meetings $172.44 Misc/General Repairs $3,247.32 Paint $2,305.96 Personnel Requests $941.99 Plumbing $416.32 Preventative Maint $452.25 Security/Fobs Alarms/DoorLocks $133.77 Training/Classes 582.62 Fire Station HVAC $93.10 Fire Station Personnel Requests $60.93 Facilities Maintenance Carpentry & Hardware Electrical HVAC Janitorial Meetings Misc/General Repairs Paint Personnel Requests Plumbing Preventative Maint Security/Fobs Alarms/DoorLocks Training/Classes Fire Station HVAC 785 786 787 788 789 790 791 792 793 794 795 796 Reports/Informational Items: ______________ Report to La Quinta City Council Palm Springs International Airport Commission Meeting July 20, 2016 Budget: The June numbers (year-ending) won’t be final until the end of August, but everything is looking good. Revenues are up, and expenses are on plan. We made $1.5 million in extra bond payments, but not until July 1, so it won’t show on last year’s financial reports. Passenger Activity: June was up 11% from last year. We are up 2.5% year-to-date. General: Pilot shortage: The FAA, in response to some recent regional airline accidents, has increased the minimum hour requirements for regional pilots from 250 hours to 1500 hours. This action has significantly increased the cost of acquiring a license, but reduced the size of the pool of candidates. As a result, the smaller regional lines have experienced shortages, and it appears that it is beginning to affect the major airlines. Zika: The presence of the Zika virus in Florida may create an opportunity to attract some of the tourism from Florida. We will look into this while considering our marketing plans. FAA Act extension and regulations: The FAA Act has been extended until September 2017. During this extension period, they are working on several issues: - Drone regulations: hopefully to be released in the next month or so. UAV growth has been rapid, and regulations have not be able to keep up. - Cyber attacks: increased hacker security - Laser pointer regulation - Overseas airport security: providing equipment and training to increase security - Pre-Check program: increase the program domestically - Jumbo jets: PSP: Air Canada will be bringing 767s to Palm Springs, making it our first scheduled wide-body jet. The Major issue today: There is a great amount of attention, from all sides, on Transportation Network Companies (TNCs). This includes UBER, LYFT, etc. Palm Springs International Airport already allows TNCs to drop off passengers at the curb, but has not allowed pickups. In response to passenger requests, the Commission has researched the policies and issues at many other airports. We recommended to the Palm Springs City Council that a policy be drafted, but that the Commission is consulted on the final implementation and pickup location before it is adopted. The issue is still up 797 in the air, but I believe the process will result in a policy that allows TNC pickups at curbside. There is a lot of resistance from traditional taxi companies, but looking at the actions of many other airports, the pressure to allow TNCs has been so intense that I believe it is inevitable here, and elsewhere. Next Meeting: There will be no meeting in August . Submitted: _________________________ Robert G. Teal, Commissioner Palm Springs International Airport Email: bob@teal.us.com Phone: 760-899-4171 798 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, JUNE 13, 2016 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chair Engel. ROLL CALL PRESENT: Commissioners Engel, Blakeley, Chiapperini, Johnson, Simonds PLEDGE OF ALLEGIANCE Chair Engel led the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed as submitted. CONSENT CALENDAR 1. APPROVE MINUTES OF MAY 9, 2016 Motion – A motion was made and seconded by Commissioners Johnson/Blakeley to approve the May 9, 2016 Community Services Commission Minutes as submitted. Motion passed unanimously. BUSINESS ITEMS 1. APPROVE COMMUNITY SERVICE COMMISSION SUMMER SCHEDULE (verbal) Presented by Manager Larson. Motion – A motion was made and seconded by Commissioners Blakeley/Simonds to cancel the July 11, 2016 meeting and schedule the next meeting for August 15, 2016. Motion passed unanimously. DEPARTMENT REPORTS 1. COMMUNITY SERVICES COMMISSION QUARTERLY MEETING LOCATION ROTATION Presented by Manager Larson. 799 2. COMMUNITY PROGRAMS AND WELLNESS REPORT – MAY 2016 Presented by Supervisor Calderon. 3. PARK ORDINANCE UPDATE Presented by Manager Mendez. REPORTS AND INFORMATION ITEMS 1. DESERT X UPDATE Presented by Supervisor Graham. 2. FY16/17 BUDGET Presented by Director Escobedo. 3. XPARK SCOPING PROPOSAL Presented by Supervisor Ambriz. 4. ADOPT-A-PARK PROGRAM UPDATE Presented by Supervisor Ambriz. 5. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED 6. CALENDAR OF MONTHLY EVENTS COMMISSIONER ITEMS: 1. SILVERROCK GOLF ADVISORY (PowerPoint presentation) Presented by Director Escobedo ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blakeley/Engel to adjourn the meeting at 6:41 p.m. Motion passed unanimously. Respectfully submitted, LISA CHAUDHRY, Administrative Technician City of La Quinta, California 800 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, AUGUST 15, 2016 OATH OF OFFICE Oaths of Office were administered by City Clerk Maysels to Commission Members Lambert and Quill. INTERIM CHAIR There was a consensus among the Commission Members to appoint Commissioner Johnson as Interim Chair. CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:32 p.m. by Interim Chair Johnson. ROLL CALL PRESENT: Commissioners Chiapperini, Johnson, Lambert, Simonds, Quill PLEDGE OF ALLEGIANCE Interim Chair Johnson led the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None STAFF PRESENTATIONS  OVERVIEW COMMUNITY SERVICES COMMISSION ROLES Presented by Director Escobedo – Roles & Responsibility  OVERVIEW COMMUNITY RESOURCES Presented by Manager Larson – Community Resources Introduction Presented by Supervisor Calderon – Wellness Center o Fitness Center, Community Recreation Programs, Community Service Grant Program, Senior Inspiration, Facility Rentals for the Library, Museum, Wellness Center, La Quinta Park & Fritz Burns Park Presented by Supervisor Graham – Special Events & Marketing o Upcoming events - September 11th Candlelight Vigil, Veteran’s Recognition Program, Brew in LQ, Hikes (day & night), Walking with the Mayor, Monster Dash & Zombie Out Run o Marketing update – New Street Banners, City Website, Play in La Quinta, Short Term Vacation Rental Online Registration, Social Media Presented by Librarian Duran – Library 801 o Programs for all ages such as Book Clubs, Story Time, Book A Librarian Program, BYOB o September – Library Card Sign-up Month o Outreach Programs & Services such as the partnership with The Palms Independent Living, Pre-Schools, Book Mobile, Podcasts (Sound in Color & Stranger Than Fiction), Volunteer Program that provides audio tapes for the visually impaired Presented by Manager Stewart – Museum o Stage construction (replacing fountain) o Programs - An Evening With Chip Miller, Adult Coloring, Summer Camp (Scrap Gallery & Smart Computer Education), Family Craft by Scrap Gallery o Current Exhibit – By Design 2016 o Future Exhibits – Women in the Arts – Tell Me A Story, California A – Z, Crossroads & Intersections borrowed from Agua Caliente, Charles Schultz – Heartbreak in Peanuts o Related Programming 1st Thursday – Refills, The Swing Kittens, Casita Lighting with Mariachi Band, 5th Annual Studio Tour, Rey Ortega (Ventriloquist), Francesca Amari, Sandy Hassleberry Presented by Director Escobedo – Public Safety  OVERVIEW FACILITIES Presented by Director Howlett – Facilities & Silverrock o Asset Management – 16 Parks, 16 Buildings, Silverrock, 128 Miles of Streets, Sidewalks, Landscapes, Trails o 3 Primary Divisions – Parks, Buildings Maintenance, Landscape & Lighting District o GoRequest Commissioner Quill – Annual Park Tours & Adopt-A-Park Program INFORMATIONAL ITEMS 1. COMMUNITY PROGRAMS AND WELLNESS REPORT – JULY 2016 Presented by Supervisor Calderon 2. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED Commissioner Quill – Wellness at the Egg Cafe Cove Oasis Signage update presented by Director Howlett 3. CALENDAR OF MONTHLY EVENTS 4. BREW IN LQ Presented by Supervisor Graham o Craft beer festival on Oct. 22nd , 12 – 5pm o 9 Breweries, 3 music acts, Food Vendors – Stuft Pizza, Dickey’s Barbecue Pit, Frankenbun, Pho food truck o General Admission: $30 general, 10 – 4oz. pours o Designated Driver Admission: $10 – 2 alternative beverages 802 o Age: 21 and older only 5. ARTS UPDATE Presented by Supervisor Graham o Art on Main Street replacing Art under the Umbrellas o Vermillion Art & Wine Festival o Desert X o Community Art Gallery – Finding Re-Use Presented by Commissioner Simonds - All Valley Commission update o Coachella Valley City collaborative for Art in Public Places o La Quinta hosting the Nov. 17th meeting @ the La Quinta Museum ACTION ITEMS 1. APPROVE MINUTES OF JUNE 13, 2016 Motion – A motion was made and seconded by Commissioners Simonds/Johnson to approve the June 13, 2016 Community Services Commission minutes as submitted. Motion passed: ayes 3, noes 0, abstain 2 (Lambert and Quill). 2. ELECT A CHAIRPERSON Motion – A motion was made and seconded by Commissioners Chiapperini/Lambert to elect Commissioner Johnson as the Community Services Commission Chairperson. Motion passed unanimously. 3. ELECT A VICE-CHAIRPERSON Motion – A motion was made and seconded by Commissioners Johnson/Quill to elect Commissioner Simonds as the Community Services Commission Vice-Chairperson. Motion passed unanimously. COMMISSIONER ITEMS: ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Lambert/Chiapperini to adjourn the meeting at 7:09 p.m. Motion passed unanimously. Respectfully submitted, LISA CHAUDHRY, Administrative Technician City of La Quinta, California 803 804 805    806  807 808 809 810 811 812 813     814 815 816 817      818 819 820 HAND-OUTS CITY COUNCIL 09/20/16 RE: PH-1 Date: September 12, 2016 From: Ken and Cathy Duce Property Owners at 51335 Calle Hueneme To: La Quinta City Council Subject: Comments: City Council Meeting September 20, 2016 City Council, This comment is about the proposed amendments to Title 9 zoning codes. My wife and I should start construction on our new home in La Quinta this Fall. We have been working with the Planning and Building staff for quite some time on the planning of our new home. We agree with and thank the City Planning Staff and Planning Commission for working out a reasonable approach to entry gate designs. And we support the proposed modifications to: EXHIBIT A Section 9.60.030 Fences and walls. c. Arches or trellises up to nine feet in overall height, and five feet interior width may be constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design. The Director may refer arch designs exceeding the standard to the pPlanningCommission for approval. Thank you, Ken and Cathy Duce kencathyduce@yahoo.com 406-546-1785 1 Monika Radeva From:Gabriel Perez Sent:Friday, September 16, 2016 5:00 PM To:Monika Radeva Cc:Wanda Wise-Latta Subject:FW: To City Council, September 20, 2016 Meeting Attachments:Duce Letter to Council.pdf Monika, Attached is a comment letter for PH 1 for Council next week. Gabriel Gabriel Perez | Planning Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760-777-7062 Website | Map gperez@la-quinta.org From: Ken Duce [mailto:kencathyduce@yahoo.com] Sent: Friday, September 16, 2016 2:35 PM To: Gabriel Perez Cc: Tim Jonasson Subject: To City Council, September 20, 2016 Meeting Gabriel, Please see attached letter for City Council at this Tuesdays City Council meeting. Thanks for including it in the official record. Ken · 44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T · 760 779 5393 F · 760 779 5395 September 19, 2016 Re: Amendment to Zoning, General Plan, Text & Map Consistency Update Contour Dermatology (MP2016-0006) City Council City of La Quinta 78-195 Calle Tampico La Quinta, CA 92253 Dear Council Members, My office has submitted a new project located at the southeast corner of Jefferson St. & Westward Ho Dr. for Contour Dermatology (MP2016-0006) Contour Dermatology has built a successful and well-established practice in Rancho Mirage and Palm Springs. They are now very excited about expanding into La Quinta. The project consists of a new 5,544 SF one story building located on the south end of the property. The site currently has a vacant building which will be demolished. The existing building was originally used as the club house for the Westward Ho Golf Club (currently Indian Springs.) I have attached a site plan and existing photos for your review. As part of our submission, we have requested a Change of Zone from Golf Course to Neighborhood Commercial. Staff has informed us that the City is currently in the process of revising multiple zones throughout the City which includes our site. Staff’s proposal within the Zoning, General Plan Text & Map Consistency update has our site designated as Community Commercial. The main difference between the two zones (CC & NC) are the required setbacks. CC has a 50’-0” setback requirement while NC is 30’-0”. Due to the rectilinear orientation of our site, the CC setback requirement of 50’-0” would make the development of the site very difficult and would minimize the potential of a great piece of property. We respectfully request that you revise Staff’s proposal of Community Commercial to Neighborhood Commercial specific to our site. We have discussed this change with Staff and they are in full support. Other than the zoning designation, our project meets all City requirements and is currently in the SDP process. Contour Dermatology is very eager to develop the project and would like to open by Fall of 2017. If Council supports the change of zone to Neighborhood Commercial, you will mitigate the need for our submission of the Change of Zone and will further expedite our project by a couple of months. I would be happy to answer any questions you may have specific to the Contour Dermatology project. Your consideration in this matter is much appreciated. Thank you, John Greenwood Project Manager T. 760.779.5393 C. 760.880.3943 johng@prestvuksicarchitects.com J E F F E R S O N S T PALM CIR DR WESTWARD HO DR 4 5 1 2 3 P R E S T A R C H I T E C T S 4 4 - 5 3 0 S A N P A B L O A V E S U I T E 2 0 0 P A L M D E S E R T , C A 9 2 2 6 0 7 6 0 . 7 7 9 . 5 3 9 3 T 7 6 0 . 7 7 9 . 5 3 9 5 F W W W . P R E S T V U K S I C A R C H I T E C T S . C O M V U K S I C S h e e t : C O N T O U R D E R M A T O L O G Y 4 6 0 8 0 J E F F E R S O N S T R E E T , L A Q U I N T A , C A . 9 2 2 5 3 1 E X I S T I N G S I T E P H O T O S JULY 22, 2016 . . E X I S T I N G S I T E P H O T O S W E S T B I R D ' S E Y E V I E W A E R I A L V I E W P R E S T A R C H I T E C T S 4 4 - 5 3 0 S A N P A B L O A V E S U I T E 2 0 0 P A L M D E S E R T , C A 9 2 2 6 0 7 6 0 . 7 7 9 . 5 3 9 3 T 7 6 0 . 7 7 9 . 5 3 9 5 F W W W . P R E S T V U K S I C A R C H I T E C T S . C O M V U K S I C S h e e t : C O N T O U R D E R M A T O L O G Y 4 6 0 8 0 J E F F E R S O N S T R E E T , L A Q U I N T A , C A . 9 2 2 5 3 2 E X I S T I N G S I T E P H O T O S JULY 22, 2016 N O R T H E A S T V I E W 1 N O R T H V I E W 2 . . E X I S T I N G S I T E P H O T O S P R E S T A R C H I T E C T S 4 4 - 5 3 0 S A N P A B L O A V E S U I T E 2 0 0 P A L M D E S E R T , C A 9 2 2 6 0 7 6 0 . 7 7 9 . 5 3 9 3 T 7 6 0 . 7 7 9 . 5 3 9 5 F W W W . P R E S T V U K S I C A R C H I T E C T S . C O M V U K S I C S h e e t : C O N T O U R D E R M A T O L O G Y 4 6 0 8 0 J E F F E R S O N S T R E E T , L A Q U I N T A , C A . 9 2 2 5 3 3 E X I S T I N G S I T E P H O T O S JULY 22, 2016 N O R T H W E S T V I E W 3 W E S T V I E W 4 G A S V E G E T A T I O N V E G E T A T I O N V E G E T A T I O N 6 0 5 5 5 0 6 0 60 6 0 .5 5 4 .6 6 3 .3 6 1 .5 6 2 .7 5 3 .6 6 0 .5 3 6 0 .2 1 3 6 0 .2 1 6 6 2 .8 0 M H M H V V V V V V V V V V s s s s s s s s P P s F H V M H 156.13' S00°04'39"E 9 9 .8 4 ' S 2 7 °3 3 '1 7 "E 1 2 . 7 2 ' S 7 9 ° 3 2 ' 0 2 " W 18 0 . 2 0 ' S8 9 ° 5 5 ' 2 1 " W 1 3 .8 7 ' N 4 6 °1 4 '1 9 "W 1 3 . 8 8 ' N 4 6 ° 0 0 ' 5 4 " E 13 4 . 6 5 ' S8 9 ° 5 5 ' 2 1 " W 100.00' S00°04'39"E 12 . 0 0 ' S8 9 ° 5 5 ' 2 3 " W EX. 24" D.I.P. WATER MAIN EX. 12" WATER MAIN EX . 8 " W A T E R M A I N EX . 6 " W A T E R M A I N LANDSCAPE 10'-0" LANDSCAPE 15'-0" BUILDING SETBACK 30'-0" SETBACK 3'-0" L A N D S C A P E 15 ' - 0 " SE T B A C K WE S T W A R D H O D R I V E PA L M C I R C L E D R I V E JEFFERSON STREET 6' - 6 " 17 ' - 0 " 26 ' - 0 " 17 ' - 0 " 10 ' - 0 " 30 ' - 0 " 17'-0" 26'-0" 8'-6" 108'-0" 8'-6" 24'-0" 19'-0" 6'-6" 63 ' - 0 " 9' - 0 " 11 ' - 0 " 118'-0" 20'-0" 10'-0" 20'-0" 169'-0" 80 ' - 0 " 18'-0" 12'-6" 5'-0" 62'-6" 2' - 0 " 8' - 0 " PROPERTY LINE PROPERTY LINE P R O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E PROPERTY LINE LA N D S C A P E 20 ' - 0 " SE T B A C K SETBACK 19'-0" 54'-0" 33'-0" 86'-0" 17'-0" 9'-0" 5'-0" 2'-6" 9' - 0 " 8' - 0 " 5' - 0 " 2' - 6 " 5' - 6 " 1' - 0 " LA N D S C A P E 15 ' - 0 " SE T B A C K 2'-6" 2' - 6 " 8' - 8 " 107 107 106 116 105 102 103 106 104 108 110 9 6 9 12 8 101 114 111 112 108 112 108 113 109 109 121 121 121 121 121 121 121 120 120 116 123 122 122 123 104 124 124 124 118 118 119 125 125 125 125 125 125 125 2'-6" 2'-6" TYP. 9'-0" 121 49'-10" 43 ' - 1 1 " 22'-10" 106 106 PREST A R C H I T E C T S VUKSIC 44-530 SAN PABLO AVE. STE 200 T: 760.779.5393 F: 760.779.5395 PALM DESERT, CA Sheet: CONTOUR DERMATOLOGY 46080 JEFFERSON STREET, LA QUINTA, CA. 92253 A002 SITE PLAN JU L Y 2 2 , 2 0 1 6 KEYNOTES NO. DESCRIPTION 101 EXISTING CONCRETE CURB AND GUTTER, SEE CIVIL 102 EXISTING CONCRETE SIDEWALK, SEE CIVIL 103 NEW CONCRETE SIDEWALK TO CONNECT TO EXISTING SIDEWALK, SEE CIVIL 104 NEW CONCRETE CURB AND GUTTER TO CONNECT TO EXISTING, SEE CIVIL 105 NEW CONCRETE DRIVEWAY APPROACH, SEE CIVIL 106 NEW ADA WALKWAYS 107 NEW RETAINIG WALLS, SEE CIVIL 108 NEW SCREEN C.M.U. WALL, SEE CIVIL 109 NEW CAPORT STRUCTURE 110 NEW TRASH ENCLOSURE 111 PROPOSED MONUMENT SIGN 112 PROPOSED AIR CONDITIONING UNIT CONCRETE PADS 113 PROPOSED ELECTRICAL TRANSFORMER 114 AC PAVEMENT, SEE CIVIL 116 NEW ADA SIGN 118 ADA PARKING 119 FIRE RISER, SEE CIVIL 120 SITE LIGHTING FIXTURE, SEE ELECTRICAL 121 LIGHT BOLLARS, SEE ELECTRICAL 122 TRUNCATED DOMES 123 WHEEL STOP 124 NEW 4" WHITE PARKING STRIPE 125 12"X30" CONCRETE SPLASH BLOCK PARKING DATA MEDICAL OFFICE 5,544 S.F. @ 1/200 = 28 REQUIRED 44 PROVIDED ADA ACCESSIBLE PARKING REQUIRED 1 ADA PARKING SPACES PROVIDED 1 ADA VAN PARKING SPACE PROVIDED 0'8'16'32'64' 10 . 31 . 17 RENEWAL DATE C-8960 D A V I D G. P R E S TLICE S E D ARC H I T E C T S T A T E OF C A L I F O R N I A N 1 Monika Radeva From:Gabriel Perez Sent:Monday, September 19, 2016 2:23 PM To:Monika Radeva Cc:Carlos Flores Subject:FW: Contour Dermatology Letter for Council - Change of Zone Request Attachments:Change of Zone - Contour Dermatology MP2016-0006.pdf Importance:High Monika, See attached. This is a comment letter regarding PH 1 for the Council Meeting. If you can make this available for Council at the dais for entry into the official record. Thank you. Gabriel Gabriel Perez | Planning Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760-777-7062 Website | Map gperez@la-quinta.org From: Carlos Flores Sent: Monday, September 19, 2016 2:09 PM To: Gabriel Perez Subject: FW: Contour Dermatology Letter for Council - Change of Zone Request Importance: High Gabriel, Attached is the letter from Mr. Greenwood for Contour Dermatology. I am advising them to attend the meeting, I assume that’s preferred? Thanks, Carlos Flores | Associate Planner City of La Quinta 78495 Calle Tampico ◦ La Quinta, CA 92253 Ph. 760.777.7069 cflores@la‐quinta.org From: John Greenwood [mailto:johng@prestvuksicarchitects.com] Sent: Monday, September 19, 2016 2:06 PM To: Carlos Flores Cc: Jay Wuu; Bruce Bushore (BBushore51@aol.com); David Prest Subject: Contour Dermatology Letter for Council - Change of Zone Request Importance: High 2 Carlos, Per our discussion please see the attached letter for City Council. Should I attend Council tomorrow or will staff bring this up and ensure that it has been discussed? Please let me know if you need any additional information. Thank you, John T. Greenwood Project Manager – LEED AP Prest Vuksic Architects 44.530 San Pablo Ave. Suite 200 Palm Desert, CA 92260 T. 760.779.5393 F. 760.779.5395 johng@prestvuksicarchitects.com www.prestvuksicarchitects.com