ORD 356 ORDINANCE NO. 356
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA APPROVING AN AMENDMENT
TO TITLE 13, SECTIONS 13.04.040 ADVISORY AGENCY;
13.04,060 REVIEW AND APPROVAL AUTHORITY;
13.12.140 APPEALS; 13.20.115 AMENDING MAPS; AND
13.20,130 APPEALS OF THE MUNICIPAL CODE
ZONING ORDINANCE AMENDMENT 2001-068
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 1sT day of May, 2001, hold a duly noticed Public Hearing to consider a Zoning
Ordinance Amendment regarding revisions to the Subdivision Regulations; and
WHEREAS, the Planning Commission of the City of La Quinta, California
did on the lOth day of April, 2001, hold a duly noticed Public Hearing to consider
revision to the Municipal Code Title 13 Sections 13.04.040, 13.04.060, 13.12.140,
13.20.115, and 13.20.130 within the City of La Quinta; and,
WHEREAS, said request has complied with the requirements of the
California Environmental Quality Act of 1970 (as amended), and adopted by City
Council Resolution 83-68, in that the Community Development Director has
determined that the project could not have any significant adverse effect on the
physical environment; therefore, the project is exempt pursuant to CEQA Guidelines
Section 15061(b)(3); and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did find the following facts, findings, and reasons to justify the
recommendation for approval of said Zoning Code Amendment.
1. The proposed revisions will not adversely affect the planned development of the
City as specified by the General Plan for the City of La Quinta because the
regulations provide requirements which work in concert with and enhance the
community.
2. The proposed Amendment would not be detrimental to the health, safety, and
welfare of the City in that it is only a procedural change which still requires the
public hearing process.
Ordinance No. 356
Subdivision Regula~on,-AmendJng Maps
May 15, 2OO1
WHEREAS, Section 66472.1 of the California Government Code allows
the Advisory Agency to review the amendment of final maps, if prescribed by local
ordinance, by a process which includes public notification and an appeal process.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
La Quinta, California that it does ordain as follows:
SECTION 1. Sections 13.04.040, 13.04.060, 13.12.140, 13.20.115,
and 13.20.130 of the La Quinta Municipal Code is hereby amended for the reasons set
forth in this Ordinance and as setforth in Exhibit "A" attached hereto.
SECTION 2. ENVIRONMENTAL. Said Zoning Ordinance Amendment
request has been determined to be exempt from the California Environmental Quality
Act pursuant to Section 15061.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 4: POSTING. The City Clerk shall certify to the passage and
adoption of this Ordinance, and shall cause the same to be posted in at least three
public places designated by resolution of the City Council, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered into the
Book of Ordinances of this City.
PASSED, APPROVED and ADOPTED this 15t~ day of May, 2001 by the
following vote:
AYES: Council Member Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
City of La Ouinta, California
Ordinance No. 3E6
May 16, 2001
pag~ 3
A I I EST:
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
__ EXHIBIT
ORDINANCE NO. 3§6
ZONING CODE AM£NDMENT 200'1-068
'13.04.040 ADVISORY AGENCY
The Community Development Director is designated an "Advisory Agency"
under state law for the purposes of:
A. Investigating and preparing reports to the Planning Commission on the
design and improvement of subdivisions.
B. Approving, conditionally approving or disapproving tentative parcel maps.
C. Approving, conditionally approving or disapproving amending of final
maps.
13.04.060 REVIEW AND APPROVAL AUTHORITY
-- The authority for review and approval of subdivisions and related land actions
is as follows:
Type of Action Review Authority Approval Authority
Tentative maps eCity Staff City Council
eOther responsible agencies
· Planning Commission
Vesting tentative maps ~City Staff City Council
· Other responsible agencies
· Planning Commission
Tentative parcel maps eCity Staff Community Dev't. Dir.
· Other responsible agencies
Tentative map extensions ~City Staff City Council
eOther responsible agencies
· Planning Commission
Ordinance No. 356
Zoning Code Amendment 2001~168
May 15, 2001
Page 2
Final and parcel maps eCity Staff City Council
eOther responsible agencies
ePlanning Commission
Waivers of parcel maps ~City Staff Community Dev't. Dir.
· Other responsible agencies
Reversions to acreage eCity Staff City Council
· Other responsible agencies
oPlanning Commission
Lot line adjustments ~City Staff Community Dev't. Dir.
· Other responsible agencies
Lot & parcel mergers ~City Staff Community Dev't. Dir.
· Other responsible agencies
Amending Final Maps City Staff Community Dev't. Dir.
Other responsible agencies
13.12.140 APPEALS
A subdivider or any other interested party may appeal a decision of the Advisory
Agency or the Planning Commission by using the following procedures:
A. Appeal of the Advisory Agency Decision
Within ten (10) calendar days after the date of the decision by the
Advisory Agency, a written appeal, accompanied by the appropriate filing
fee, may be submitted to the Community Development Department. The
"date of decision" shall be either the time a formal noticed hearing is held
or the date noted on correspondence mailed to the subdivider indicating
the Staff decision. The appeal shall state the item to be appealed and the
reason for the request. The Community Development Director shall set
the matter for hearing before the Planning Commission within thirty (30)
days after the date of filing the appeal. Written notice of the hearing
shall be provided bv mail to the subdivider, the property owner and those
property owners or individuals originally noticed at the time of the first
public hearing.
B. Appeal of the Planning Commission's Decision
Ordin~noe No. 356
-- Zoning Code Amendment 2001-068
May 16, 2001
Within ten (10) calendar days after the date of the decision by the
Planning Commission, a written appeal, accompanied by the appropriate
filing fee, may be submitted to the Community Development Department.
The City Clerk shall set the matter for hearing before the City Council.
The hearing on the appeal shall be held not more than thirty (30) day
from the date of receipt of the appeal and shall give written notice of the
hearing to the subdivider, property owner, and those property owners or
individuals originally noticed at the first public hearing.
13.20.115 AMENDING MAPS
Final maps and parcel maps may be amended in conformance with Government
Code Section (GC§) 66469 through 66472.1 and the following:
A. If amendments are confined to those set forth in GC§ 66469, the
amending map shall be filed with the City Engineer in accordance with
Sections 13.20.040 and 13.20.050. The City Engineer shall examine
the map and if he or she finds that the amendments are limited to those
set forth in GC§ 66469 and the amending map complies with GC§
66470, shall endorse thereon a certification of said finding and the
applicant may submit the amending map to the county recorder for
recordation.
B. An amending map which exceeds the changes set forth in GC§ 66469
but conforms with GC§ 66470 may be filed in accordance with GC§
66472.1 and the provisions of this section. The map shall be filed with
the Community Development Department and shall include the initial
application materials and fees specified in Sections 13.12.040 and the
materials are as follows:
1. A five hundred foot radius map exhibit, drawn to scale, which
displays those properties within five hundred feet of the
subdivision boundaries and which identifies the names of the
affected property owners, as listed in the latest updated county
equalized tax rolls;
Ordinance No. 356
Zoning Code Arnendment 2001-068
May 15, 2001
Page 4
2. One set of self-adhesive mailing labels and one photocopy of the
names and addresses of those property owners within five
hundred feet of the subdivision boundary;
3. Fifteen copies of the amending final map, folded accordion style
to a size not exceeding eight and one-half inches by eleven inches,
with reduced reproducible originals not exceeding eight and one-
half inches by eleven inches in size;
4. A preliminary title report prepared and dated not more than ninety
days prior to submission of the application;
5. This list is not all inclusive and any other special studies required
will be determined by city staff on a case-by-case basis.
Prior to map and, if necessary, plan checking by the City Engineer, the
applicant shall submit the map checking application materials and fees
specified in Section 13.20.50 and (if necessary) the plan checking fees
specified in Section 13.24.180.
The map shall be processed in the following sequence: Cursory review by
staff and outside agencies deemed affected by the amendments; Review
and Consideration by Advisory Agency at public hearing; If approved,
map and plan checking, as necessary, by the City Engineer; preparation
and execution of any needed revisions to the improvement agreement;
signatures by City Engineer, City Clerk, and (if a new or amended
improvement agreement required) the City Attorney and Community
Development Director; recordation via the City's normal process for
subdivision maps.
Section 13.20.130
Appeals of the Advisory Agency or Planning Commission decisions concerning
final maps, amending final maps, parcel maps and waivers of parcel maps shall
be processed as provided in Chapter 13.12.140, Subdivision Regulations.