PCRES 2001-048PLANNING COMMISSION RESOLUTION 2001-048
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL AMENDING TITLE
13 OF THE LA QUINTA CHARTER AND MUNICIPAL
CODE (LQMC) RELATING TO SUBDIVISIONS;
AMENDING SECTIONS 13.04.040(ADVISORY
AGENCY), 13.04.060(REVIEW AND APPROVAL
AUTHORITY), 13.12.130(APPEALS),
13.20.115(AMENDING MAPS) AND
13.120.130(APPEALS).
CASE NO.: ZONING CODE AMENDMENT 2001-068
WHEREAS, the Planning Commission of the City of La Quinta, California
did on the 10th 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, 13.12.130,
13.20.115, and 13.120.130 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.
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.
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Planning Commission Resolution 2001-048
Zoning Code Amendment 2001-068
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of La Quinta does recommend to the City Council the following modifications:
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:
Review Authority
Tentative maps •City Staff City Council
•Other responsible agencies
•Planning Commission
Vesting tentative maps
Tentative parcel maps
Tentative map extensions
•City Staff City Council
•Other responsible agencies
•Planning Commission
•City Staff Community Dev't. Dir.
•Other responsible agencies
•City Staff City Council
•Other responsible agencies
•Planning Commission
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Planning Commission Resolution 2001-048
Zoning Code Amendment 2001-068
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 eith and one-half
inches by eleven inches in size;
4. A preliminary title report prepared and dated not more tha 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 City staff, 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning
Commission of the City of La Quinta as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
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Planning Commission Resolution 2001-048
Zoning Code Amendment 2001-068
2. That it does hereby recommend to the City Council approval of Zoning
Ordinance Amendment 2001-068 for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 10th day of April, 2001, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins
NOES: None
ABSENT: None
ABSTAIN: None
STEVE ROBBINS, Chairman
City of La Quinta, California —
ATTEST:
a
CHRISTINE DI I 10
Acting Community Development Director
City of La Quinta, California
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Planning Commission Resolution 2001-048
Zoning Code Amendment 2001-068
Final and parcel maps *City Staff City Council
*Other responsible agencies
•Planning Commission
Waivers of parcel maps *City Staff Community Dev't. Dir.
*Other responsible agencies
Reversions to acreage *City Staff City Council
*Other responsible agencies
•Planning Commission
Lot line adjustments
Lot & parcel mergers
Amending Final Maps
13.12.130 APPEALS
•City Staff
*Other responsible agencies
*City Staff
•Other responsible agencies
City Staff
Other responsible agencies
Community Dev't. Dir.
Community Dev't. Dir.
Community Dev't. Dir.
A subdivider or any other interested party may appeal a decision of City Staff,
Advisory Agency or the Planning Commission by using the following
procedures:
A. Appeal of the Advisory Agency
Within ten (10) calendar days after the date of the decision by City Staff,
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 by mail to the subdivider, the property owner and those
property owners or individuals originally noticed at the time of the first
public hearing. Within tan (10) days fnllnwing the ronclugion of the
hearing, the Planning Cnmmissinn shall render itg decision_
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Planning Commission Resolution 2001-048
Zoning Code Amendment 2001-068
B. Appeal of the Planning Commission's Decision
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. The decision of
the City Council shall be rendered within ten (10) days following the
conclusion of the hearing and shall be considered final.
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 the
affected property owners, as listed in the latest updated county
equalized tax rolls;
2. One set of self-adhesive mailing labels and one photocopy of the
names and addresses of those property owners with five hundred
of the subdivision boundary;
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