ORD 467ORDINANCE NO. 467
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA
MUNICIPAL CODE, 1.) ESTABLISH SUNSET PROVISIONS
FOR INACTIVE AND INCOMPLETE APPLICATIONS
(13.04.080►, 2.) CORRECT THE MANDATORY FINDINGS
OF APPROVAL FOR TENTATIVE TRACT MAPS
(13.12.130), 3.) SPECIFY THE TIMING OF PARKLAND
FEES (13.48.080), AND 4.) CORRECT AND REMOVE
OUTDATED GENERAL PLAN POLICY REFERENCES
(13.48.090 & 13.48 APPENDIX).
WHEREAS, the City has found that changes in policies, procedures, and
issues with permitting have arisen as staff implements the Subdivision Ordinance;
and
WHEREAS, the City has, from time to time, made amendments to the
Subdivision Ordinance to address similar changes in circumstances; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 24" of March, 2009, hold a duly noticed Public Hearing for review of a
Subdivision Text Amendment to establish sunset provisions for inactive and
incomplete applications (13.04.080), to correct the mandatory findings of approval
for tentative tract maps (13.12.130), to specify the timing of parkland fees
(13.48.080), and to correct text and remove an appendix identifying outdated
General Plan parkland policies (13.48.090 & an Appendix to 13.48); and
recommended approval of the proposed Amendments to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the 21"
day of April, 2009, and considered the evidence, written and oral, presented at the
hearing.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. Title 13, the Subdivision Ordinance of the La Quinta Municipal
Code, is amended as identified on Exhibits "A" through "E," on file in the Planning
Department.
SECTION 2. ENVIRONMENTAL. The Planning Director has determined said
Subdivision Ordinance Amendment has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as
amended (Resolution 1983-063) in that the La Quinta Planning Department has
Ordinance No. 467
Title 13 Amendments
Adopted: May 5, 2009
Page 2
reviewed the Amendment under the provisions of CEQA, and has determined that
the Amendment is exempt pursuant to Section 15061(B)(3), Review for
Exemptions of the CEQA Guidelines.
SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be
severable, and if any clause, sentence, paragraph, subdivision, section, or part of
this Ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance
shall be construed as necessary to effectively carry out its purposes, which are
hereby found and declared to be in furtherance of the public health, safety and
welfare.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and
effect and be in force 30 days after passage.
SECTION 6. POSTING. The City Clerk shall cause this Ordinance 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 by the City Council of the City of
La Quinta at a regular meeting thereof held on the 510 day of MAY , 2009, by the
following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOL H, MaUr
City of La Quinta California
Ordinance No. 467
Title 13 Amendments
Adopted: May 5, 2009
Page 3
ATTEST:
ERONICA MONTECINO, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
MJCof TRINE JENSON, City Attorney
City Of L Quinta, Calif rnia
Ordinance No. 467
Title 13 Amendments
Adopted: May 5, 2009
Page 4
STATE OF CALIFORNIA I
COUNTY OF RIVERSIDE I ss.
CITY OF LA QUINTA I
I, VERONICA J. MONTECINO, 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.
467 which was introduced at a regular meeting on the 21" day of April 2009, and
was adopted at a regular meeting held on the 5t" day of May, -2009, -not being less
than 5 days after the date of introduction thereof.
1 further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA".ONTECINO, CMC, City Clerk
City of La uinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on VkAA1 11 .2004
pursuantxo Council Resolution.
VERONICA J. )�UNYECINO, CMC, City Clerk
City of La Qui ta, California
Ordinance 467
Title 13 Amendments
Adopted: May 5, 2009
AIIIII WI
13.04.080 Sunset provisions regarding incomplete and inactive subdivision
applications.
A. Incomplete Application Sunset Provisions. All subdivision applications
which remain incomplete and inactive for a minimum 6 month period shall
have a written 30 day warning notification forwarded to the applicant by
means of Certified Mail or similar method. If no action is taken by the
applicant regarding the application within 30 days thereafter, the application
shall automatically be withdrawn and closed.
Ordinance 467
Title 13 Amendments
Adopted, May 5, 2009
EXHIBIT B
13.12.130 Mandatory findings of approval.
A tentative map shall be approved by the city only if the city makes all
of the following findings:
A. The proposed map or vesting map is consistent with the city general
plan and any applicable specific plans.
B. The design or improvement of the proposed subdivision is consistent
with the city general plan and any applicable specific plans.
C. The design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially injure fish
or wildlife or their habitat.
D. The design of the subdivision or type of improvements are not likely
to cause serious public health problems.
E. The site of the proposed subdivision is physically suitable for the type
of development and proposed density of development.
F. The proposed subdivision is consistent with all applicable provisions
of this title and the La Quinta Zoning Ordinance, including but not limited to
minimum lot area requirements, any other applicable provisions of this code,
and the Subdivision Map Act.
G. The design of the subdivision or type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of property within the proposed subdivision. (Ord. 295 § 1 (part),
1997; Ord. 272 § 1 (part), 1995)
Ordinance 467
Title 13 Amendments
Adopted: May 5, 2009
EXHIBIT C
13.48.080 Processing procedures.
At the time of approval of the tentative map the city shall determine the
amount of land to be dedicated OF the fees to be paid or both. At the time of
the filing of the final map the city shall determine the fees to be paid.
Dedications of land and in -lieu payments shall be made prior to or
concurrently with recordation of the first final map within the tentative map
or approval of a waiver of parcel map. 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.
Ordinance 467
Title 13 Amendments
Adopted: May 5, 2009
13.48.090 General plan criteria.
The city general plan contains a number of policies on parkland
development. Those policies have been compiled and placed in the Parks and
Recreation Element of the General Plan an appeRdixt out at the end of this-
plao
Ordinance 467
Title 13 Amendments
Adopted: May 5, 2009
EXHIBIT E
r rru.
Ordinance 467
Title 13 Amendments
Adopted: May 5, 2009