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PCRES 1996-042PLANNING COMMISSION RESOLUTION 96-042'. A RESOLUTION OF THE PLANNING COMMISSION OF: THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING ADOPTION OF A REVISION TO TITLE 13 OF THE LA QUINTA MUNICIPAL CODE. MUNICIPAL CODE AMENDMENT 96-051 SUBDIVISION ORDINANCE REVISION WHEREAS, the City Council of the City of La Quinta, California, did on the 19th day of September, 1995, adopt Municipal Code Amendment 95-045, implementing an update to the Subdivision Ordinance; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1Oth day of December, 1996, hold a duly noticed Public Hearing to consider Municipal Code Amendment 96-051, implementing revisions to said Subdivision Ordinance; and, WHEREAS, said revision process has complied with the requirements of "The Rules to Implement the California Environmental Quality Act (CEQA) of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has determined the Subdivision Ordinance revisions to be exempt from CEQA pursuant to Section 15061(b)(3); and, WHEREAS, the proposed Municipal Code Amendment is consistent with the provisions contained in California Government Code Sections 66410 to 66499.58 (Subdivision Map Act); and, WHEREAS, 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 a recommendation on said Municipal Code Amendment; 1. The proposed Municipal Code Amendment is consistent with the goals, objectives and policies of the La Quinta General Plan, in that adoption of these revisions will further the protection of the health, safety and general welfare of the citizens of La Quinta, the preservation of quality of life and character of its neighborhoods, and protection of the physical environment. 2. The proposed Municipal Code Amendment is consistent with applicable provisions of the City's Zoning Code, as adoption of the Amendment will not peres96-042 Planning Commission Resolution 96-042 preclude compliance with zoning development standards related to the subdivision of property. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission regarding this Municipal Code Amendment. 2. That it does hereby recommend to the City Council approval of Municipal Code Amendment 96-051, for the reasons set forth in this Resolution and in accordance with the revisions as set forth in Exhibit "A", attached hereto, and also on file in the Community Development Department. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 10th day of December 1996, by the following vote, to wit: AYES: Commissioners Newkirk, Seaton, Tyler, Woodard and Vie Chairman Butler. NOES: None. I•�Y��t�►C.II� ABSTAIN: Commissioner Gardner and Chairman Abels. �S ABELS, Chairman La Quinta, California ATTEST: IY HEI*N, Community Development Director of La buinta, California peres96-042 EXHIBIT "A" Note: Insertions require renumbering of subsequent sections. Numeric references are based on the current Ordinance's Section numbering. • 13.12.060 Insert a new section at this number as follows: TENTATIVE MAP NUMBERING Tentative map numbers shall be obtained from the County of Riverside. If a tentative map expires subsequent to recordation of one or more final map phases, a new tentative map number shall be required for any future filings on the remaining property. • 13.20.060 B Insert a new paragraph at this number as follows: If tentative maps are phased with multiple final maps, final map numbers, including that for the final phase, shall include the phase number. • 13.20.090 A Replace the first paragraph of this section with the following. Except as specified herein, monumentation shall comply with the Riverside County Surveyor Map Preparation Manual. Monuments shall be of metallic material and shall be securely set so as not to be readily disturbed. Monuments shall be set in sufficient number and in suitable locations to ensure the perpetuation or easy re-establishment of any point or line of the survey. • 13.20.110 Revise as follows: The approval of final maps and parcel maps shall be in accordance with Section 13.04.060. Final maps and parcel maps wil'I not be agendized for approval by the City Council until the original final map, accurate computer files of the map on storage media and in program format acceptable to the City Engineer, associated agreements and securities, • 13.24.030 Add a second paragraph to this section as follows: The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. • 13.24.050 Insert a new section at this number which reads as follows: wb-ord.rev 13.24.050 GRADING IMPROVEMENTS A. The subdivider shall minimize differences in elevation between this development and abutting properties, and from separate tracts within the tract development as applicable. Building pad elevations on contiguous lots shall not differ by more than three feet, except for lots within a given tract not sharing common street frontage, where the differential shall not exceed five feet. • 13.24.060.F • 13.24.060.J If the subdivider is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives which preserve community acceptance and buyer satisfaction with the proposed development. B. During and following scalping and grading operations, the subdivider shall take all necessary steps to prevent erosion or tracking of disturbed soils to offsite locations. Revise as follows: Cul de sacs shall not exceed a distance of 660 feet in length (measured from the centerline of the intersection to the center of the cul de sac) unless provided with improved emergency access/outlet routes no more than 660 feet from the end of the cul de sac. • 13.24.110.E Insert a new paragraph at this number which reads as follows: The right of way radius for cul de sac bulbs shall be a minimum of 45 feet. The minimum curb radius shall be 45 feet for private streets and 38 feet for public streets. • 13.24.110.K Insert a new paragraph at this number which reads as follows: In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate shall be considered zero unless the subdivider provides site -specific data that indicate otherwise. Add a new section at this number which reads as follows: If a common basin is utilized for on -site retention of storm and nuisance water, the following conditions shall apply: 1. Retention basin depth shall not exceed six feet including a minimum freeboard of one foot. 2. In developments in which primary security will be provided by public safety agencies, all areas of common retention basins shall be visible from adjacent streets. sub-ord.rev • 13.24.150 Add a second paragraph to this section as follows: For privately -maintained street and drainage improvements, the entity responsible for maintenance shall comply with all applicable provisions of the General Stormwater Discharge Permit (SDP) issued for the Colorado River Basin under the National Pollutant Discharge Elimination System (NPDES) , including the City's Stormwater Pollution Prevention Plan (SWPPP) and the Drainage Area Master Plan (DAMP). • 13.32.040.D Revise the first paragraph to read as follows: The subdivider shall comply with applicable provisions of the NPDES. In the absence of an NPDES permit specific to the subdivision, the subdivider shall comply with the SWPPP and DAMP as approved for the City under the City's SDP. • 13.32.040.D Revise to read as follows: City processing fees including the cost of map, plat and/or legal description checking as established by resolution or ordinance of the City Council. • 13.32.060 A Revise to read as follows: OlIff[cxcI:KiTOW- The adjustment does not increase or decrease the number of parcels that originally existed. Revise the first paragraph to read as follows: For City -initiated parcel mergers, one or more of the following conditions shall exist on at least one of the parcels to be merged: • 13.36.050 A Revise the referral to 13.36.030" to "13.36.030.A." :ub-ord.rev • 13.12.050 B • 13.12.050 D • 13.12.050 E KOUTAi1IN\tKNAP - - Insert the word "updated" between the words "latest" and "county". Revise this to read as follows: A completed copy of the City of La Quinta Environmental Information form and environmental filing fee, if the tentative map is determined to be subject to CEQA. • 13.12.050 H • 13.12.050 1 Delete and re -letter. Revise this Subsection as follows: A drainage report ... retaining that stormwater, the amount and nature Add the following to the end of this Subsection: This list is not all inclusive, and any other special studies required will be determined by City staff on a case -by -case basis. • 13.12.080 A Revise as follows: Within 30 days of acceptance of a subdivision application filing as complete, the City shall.. . • 13.12.080 B Revise this Section to read as follows: During the 30 day environmental review period, the Community Development Department will distribute copies of the proposed tentative map to the appropriate Departments and responsible agencies, as determined on a case -by -case basis. An agency transmittal listing shall be maintained by the Community Development Department. The Community Development Department shall request that the agencies identified to receive transmittal of a tentative map for their review return any comments and/or conditions within 14 days, unless environmental or other requirements dictate a longer review period. All comments received will be considered during review of the tentative map and preparation of any environmental documentation, but are not binding on the City. The City will consider a tentative map as acceptable to an agency if its comments are not received within the designated agency review period. \sub-ord.rev • 13.12.090 B 4 Insert the word "updated" between the words "latest" and "equalized". • 13.12.110 Revise this Section to read as follows: As part of any tentative map submittal, a qualified archaeologist.. . • 13.12.120 C Revise this to read as follows: The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage, nor substantially injure fish or wildlife or their habitat. • 13.12.150 A Revise this subsection to read as follows: Nothing in this Chapter shall preclude or otherwise disallow any automatic time extension which may be granted by the State of California, for any approved tentative map meeting the criteria for such an extension. Any automatic extension shall run from the expiration date of the qualifying map, and shall be in addition to any remaining extensions available under this Chapter. • 13.12.150 B Revise the third bullet, first paragraph, to read as follows: • The current processing fee as charged by the City for tentative map time extensions. Revise the fourth bullet, first paragraph, to read as follows: • 25 copies of the tentative map as approved by the City Council. Additional copies may be requested subsequent to the application submittal. Revise the second paragraph to read as follows: Extensions of time are subject to... and will be considered at a public hearing, to be held by the designated approval authority as set forth in Section 13.04.060. The approval authority may approve.. . • 13.32.040 B Revise to read as follows: An acceptable legal description of each existing and new lot/parcel to be created. Legal descriptions shall be prepared by a Registered Land Surveyor or Registered Civil Engineer. ub-ord.rev • 13.48.080 Revise to read as follows: At the time of... Dedications of land and in -lieu payments shall be.. . In -lieu fees may be paid for each proposed final map phase of a multiple - phased map, based upon the acreage of the phased map and in accordance with the applicable provisions of this Chapter. ,sub-ord.rev