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PC Resolution 2017-012PLANNING COMMISSION RESOLUTION 2017 - 012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVAL OF ENVIRONMENTAL ASSESSMENT 2017-0005 AND ZONING ORDINANCE AMENDMENT 2017-0001 TO AMEND CHAPTER 9.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STANDARDS AND CRITERIA FOR THE ESTABLISHMENT OF ACCESSORY DWELLING UNITS WITHIN RESIDENTIAL DISTRICTS CONSISTENT WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2017-0005 ZONING ORDINANCE AMENDMENT 2017-0001 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of July, 2017, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Chapter 9.60 of the La Quinta Municipal Code, as identified by Title of this Resolution; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on June 30, 2017, as prescribed by the Municipal Code; and, Environmental Assessment 2017-0005 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 make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Environmental Assessment [Exhibit A]: The proposed zoning ordinance amendment 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 2017-0005. 2. The proposed zoning ordinance amendment 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 Planning Commission Resolution 2017 - 012 Zoning Ordinance Amendment 2017-0001 Applicant: City of La Quinta Adopted: July 11, 2017 Page 2 of 3 range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. There is not evidence before the City that the proposed zoning ordinance amendment will have the potential for an adverse affect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed zoning ordinance amendment will not result in impacts which are individually limited or cumulatively considerable. 5. The proposed zoning ordinance amendment 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. Zoning Ordinance Amendment 2017-0001 WHEREAS, the proposed amendments are necessary to implement Assembly Bill 2299 and Senate Bill 1069, effective January 1, 2017, governing the regulation for accessory dwelling units, 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 make the following mandatory findings to recommend approval of said Zoning Ordinance Amendment [Exhibit B] to the City Council: 1. Consistency with General Plan The zoning ordinance amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy H-1.1, identify adequate sites to accommodate a range of product types, densities, and prices to address needs of all household types, lifestyles, and income levels; Policy H-3.1, remove unnecessary regulatory constraints to enable construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. 2. Public Welfare Approval of the zoning ordinance amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendments assist in implementation of the General Plan 2035 Housing Element 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. Planning Commission Resolution 2017 - 012 Zoning Ordinance Amendment 2017-0001 Applicant: City of La Quinta Adopted: July 11, 2017 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Environmental Assessment 2017-0005 and Zoning Ordinance Amendment 2017- 0001, as set forth in attached Exhibit A, to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quints Planning Commission held this 11th day of July, 2017, by the following vote: AYES: Commissioners Caldwell, Currie, McCune, Proctor, Wright and Chairperson Bettencourt NOES: Commissioner Quill ABSENT: None ABSTAIN: None '- 7 �')V-.,: � " PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: 14JW14 GABRIEL REZ, nning Manager City of La Quints California Project Title: Case No: Lead Agency Applicant: Contact Person: Project Location: EXHIBIT A CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Phone: (760) 777-7000 ENVIRONMENTAL INITIAL STUDY Environmental Assessment 2017-0005 General Plan/Zoning: Surrounding Land Uses: Zoning Ordinance Amendment ZOA 2017-0001 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760)777-7125 City of La Quinta Gabriel Perez, Planning Manager, City of La Quinta (760)777-7125 La Quinta, CA 92253 City-wide City-wide EA 2017-0005 ZOA 2017-0001 March 2017 Project Description: In order to comply with the new California laws, Assembly Bill 2299 and Senate Bill 1069, which took effect on January 2017 amending the state law governing second dwelling units, California cities and counties are required to adopt or amend their local ordinances in compliance with the new state law. Regulatory barriers are reduced for the construction of accessory dwelling units such as reductions or exemptions from parking requirements and reduced utility connection fees for second units. A set of standards apply for second units created within an existing residential structure and another set for new second units, attached or detached, that create additional living space. Accessory dwelling units are regulated by Section 9.60.090, Second Residential Units of the La Quinta Municipal Code. The City Attorney and staff conducted a consistency analysis of existing Code with the new state laws and recommend certain code amendments. The standards of the Second Residential Units, Section 9.60.090, are proposed to be modified as follows: • Replace references to Second Residential Units with references to Accessory Dwelling Units. • Establishes new standards for accessory dwelling units within existing primary structure and units not within existing structures • Require accessory dwelling unit permitting as a ministerial process • No requirement for new or separate utility connection for accessory dwelling units proposed within an existing primary structure. • Parking spaces for new accessory dwelling units can be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. • Parking requirements for the primary dwelling must be met before the approval an accessory dwelling unit. Project Location and Limits: City of La Quinta Other Required Public Agencies Approval: None -2- EA 2017-0005 ZOA 2017-0001 March 2017 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 Mandatory Findings of ❑ ❑ Systems ❑ Significance On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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 mitigateasures that are imposed upon the proposed project, nothing further is required. io m Signature -3- July 6, 2017 Date EA 2017-0005 ZOA 2017-0001 March 2017 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 account of 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 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 go EA 2017-0005 ZOA 2017-0001 March 2017 b) the mitigation measure identified, if any, to reduce the impact to less than significance. 512 EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan, La Quinta Municipal Code. I. a -d) No Impact. New buildings that will be proposed as result of the new zoning ordinance standards will be required to comply with the City's development standards and building codes as well as comply with all design guidelines, which include but are not limited to the Cove Design Guidelines and Highway 111 Design Guidelines. The Planning Division will review proposed additions to single-family residences that have been designated as historically significant. These provisions will ensure that the proposed zoning ordinance amendment will result in no impacts on aesthetics, scenic vistas or light and glare. Mitigation Measures: None Monitoring: None in Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including, but not limited to, X trees, rock outcroppings, and historic pp buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and X its surroundings? d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? Source: 2035 General Plan, La Quinta Municipal Code. I. a -d) No Impact. New buildings that will be proposed as result of the new zoning ordinance standards will be required to comply with the City's development standards and building codes as well as comply with all design guidelines, which include but are not limited to the Cove Design Guidelines and Highway 111 Design Guidelines. The Planning Division will review proposed additions to single-family residences that have been designated as historically significant. These provisions will ensure that the proposed zoning ordinance amendment will result in no impacts on aesthetics, scenic vistas or light and glare. Mitigation Measures: None Monitoring: None in EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan, "California Department of Conservation, published January 2012", and California Department of Conservation Farmland Mapping, project materials. II. a -e) No Impact. The proposed zoning ordinance amendment will be limited to residential zones. These properties are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, nor are they used for agricultural purposes. The proposed project will not result in any changes to agricultural designations. The subject properties will be limited to residential zones as defined in the City's General Plan. Therefore, less than significant impacts are anticipated to occur to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as a result of the proposed development. There are no Williamson Act contracts on the properties. The zoning ordinance amendment will not involve any change in the existing environment to result in conversion of Farmland to non-agricultural use. No impact is expected. The proposed zoning ordinance will not result in the conversion of forest -land to non -forest use since it will only affect properties in residential zones. No impact is anticipated. Mitigation Measures: None Monitoring: None -7- Potentially Less Than Less Than Significant Significant w/ Significant No Impact Impact Mitigation 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 X Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use? d) Result in the loss of forest land or conversion of forest land to non -forest X use? e) Involve other changes in the existing environment which due to their location or nature could result in conversion of X forest land to non forest use? Source: 2035 General Plan, "California Department of Conservation, published January 2012", and California Department of Conservation Farmland Mapping, project materials. II. a -e) No Impact. The proposed zoning ordinance amendment will be limited to residential zones. These properties are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, nor are they used for agricultural purposes. The proposed project will not result in any changes to agricultural designations. The subject properties will be limited to residential zones as defined in the City's General Plan. Therefore, less than significant impacts are anticipated to occur to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as a result of the proposed development. There are no Williamson Act contracts on the properties. The zoning ordinance amendment will not involve any change in the existing environment to result in conversion of Farmland to non-agricultural use. No impact is expected. The proposed zoning ordinance will not result in the conversion of forest -land to non -forest use since it will only affect properties in residential zones. No impact is anticipated. Mitigation Measures: None Monitoring: None -7- EA 2017-0005 ZOA 2017-0001 March 2017 Source: La Quinta General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012 Air Quality Management Plan; III. a-f)No Impact. The Coachella Valley, including the City of La Quinta, 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 PMIo State Implementation Plan (2003 CV PMIO SIP). The proposed project is proposing a zoning ordinance amendment to allow for accessory dwelling units. All proposed accessory dwelling units 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 future units will be consistent with the intent of the General Plan and AQMP. No impacts associated with compliance with applicable management plans are expected. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? 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 X state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Result in significant construction- X related air quality impacts? e) Expose sensitive receptors to X substantial pollutant concentrations? f) Create objectionable odors affecting a X substantial number of people? Source: La Quinta General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012 Air Quality Management Plan; III. a-f)No Impact. The Coachella Valley, including the City of La Quinta, 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 PMIo State Implementation Plan (2003 CV PMIO SIP). The proposed project is proposing a zoning ordinance amendment to allow for accessory dwelling units. All proposed accessory dwelling units 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 future units will be consistent with the intent of the General Plan and AQMP. No impacts associated with compliance with applicable management plans are expected. EA 2017-0005 ZOA 2017-0001 March 2017 The proposed zoning ordinance amendment will not result in significant construction -related air quality impacts. Minor additions to homes will not create objectionable odors that affect a substantial number of people nor will it expose sensitive receptors to substantial pollutant concentrations. No air quality related impacts are expected. Mitigation Measures: None Monitoring: None WE EA 2017-0005 ZOA 2017-0001 March 2017 -10- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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 X or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional X plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 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, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, X such as a tree preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or X other approved local, regional, or state habitat conservation plan? -10- EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan, Coachella Valley MSHCP. IV.a)-f) No Impact. The proposed zoning ordinance amendment will not result in construction. Future homes developed under the amendment's standards will be required to comply with CEQA requirements, and will occur in existing neighborhoods, on existing home lots. Wetlands and riparian areas will no be impacted. The City of La Quinta participates in the Coachella Valley Multiple Species Habitat Conservation Plan, and there are no conservation lands located within its residential zones. The proposed zoning ordinance amendment will have no impact on biological resources. Mitigation Measures: None required. Monitoring: None required. -11- EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan. V. a -d) No Impact. The zoning ordinance amendment will have no impact on cultural resources. The City will require the approval of building permits for future modifications to single-family residences, including potentially historic residences. The City of La Quinta is located within the boundary of ancient Lake Cahuilla, the primary location for paleontological resources in the Valley. Even so, all potential construction would be limited to existing home sites, which have been previously disturbed. Human remains are unlikely to be found since the potential construction would be restricted to previously disturbed areas. Mitigation: None required. Monitoring: None required. -12- Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as X defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological X resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? d) Disturb any human remains, including those interred outside of formal X cemeteries? Source: 2035 General Plan. V. a -d) No Impact. The zoning ordinance amendment will have no impact on cultural resources. The City will require the approval of building permits for future modifications to single-family residences, including potentially historic residences. The City of La Quinta is located within the boundary of ancient Lake Cahuilla, the primary location for paleontological resources in the Valley. Even so, all potential construction would be limited to existing home sites, which have been previously disturbed. Human remains are unlikely to be found since the potential construction would be restricted to previously disturbed areas. Mitigation: None required. Monitoring: None required. -12- EA 2017-0005 ZOA 2017-0001 March 2017 Sources: 2035 General Plan; project materials. VI. a -e) No Impact. There are no Alquist-Priolo hazards zones located within the city. The entire city, including the project site will be subject to significant ground shaking in the event of an earthquake. In order to mitigate this potential impact the City's building standards are in place to reduce the impacts of a significant earthquake. Potential impacts related to landslides have been reduced to less than significant levels as the result of the primary residence approval. The addition of an accessory unit would not place people or structure in area susceptible to landslides. -13- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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 X issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the X loss of topsoil? c) Be located on expansive soil, as defined in Table 18-1-B of the Uniform X Building Code (1994), creating substantial risks to life or property? d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? Sources: 2035 General Plan; project materials. VI. a -e) No Impact. There are no Alquist-Priolo hazards zones located within the city. The entire city, including the project site will be subject to significant ground shaking in the event of an earthquake. In order to mitigate this potential impact the City's building standards are in place to reduce the impacts of a significant earthquake. Potential impacts related to landslides have been reduced to less than significant levels as the result of the primary residence approval. The addition of an accessory unit would not place people or structure in area susceptible to landslides. -13- EA 2017-0005 ZOA 2017-0001 March 2017 The proposed ordinance has the potential to allow the construction of an accessory second unit to a site supports septic tanks. However, the standards imposed by the Regional Water Quality Control Board will assure that adequate capacity and percolation meet all local, state and federal requirements. The implementation of the proposed zoning ordinance amendment will not result in impacts to geology or soils. Mitigation: None required. Monitoring: None required. -14- EA 2017-0005 ZOA 2017-0001 March 2017 Source: CalEEMod Version 2013.2.2, project materials. VII.a)-b) No Impact. The proposed zoning ordinance amendment will result in no construction. Future development of accessory units under the provisions of this amendment would be required to comply with Building Code requirements, which include energy efficiency requirements designed to reduce GHG emissions. No impacts related to greenhouse emissions are expected to occur. Mitigation: None required. Monitoring: None required. -15- Potentially Less Than Less Than No VII. GREENHOUSE GAS EMISSIONS Significant Significant Significant Impact -- Would the project: Impact w/ Impact Miti ation a) Generate greenhouse gas emissions, either directly or indirectly, that may have X a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of X reducing the emissions of greenhouse gases? Source: CalEEMod Version 2013.2.2, project materials. VII.a)-b) No Impact. The proposed zoning ordinance amendment will result in no construction. Future development of accessory units under the provisions of this amendment would be required to comply with Building Code requirements, which include energy efficiency requirements designed to reduce GHG emissions. No impacts related to greenhouse emissions are expected to occur. Mitigation: None required. Monitoring: None required. -15- EA 2017-0005 ZOA 2017-0001 March 2017 -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public or the environment through the X routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code X Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 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 X the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in X a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency X response plan or emergency evacuation plan? -16- EA 2017-0005 ZOA 2017-0001 March 2017 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where X wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Source: 2035 General Plan, CA Department of Toxic Substances, project materials. VII. a) -d) No Impact. The zoning ordinance amendment will not result in any impact associated with hazards or hazardous materials. The construction and operation of accessory dwelling units in the future will not create a significant hazard to the public related to the transportation of hazardous materials. Small amounts of chemicals for household cleaning may be transported or stored by homeowners; however, they will be minimal and cause similar risks as those associated with existing residential uses in the area. The current residences and future accessory dwelling units will generate use, storage, or transport of hazardous materials. However, the regulations of the Fire Department, County Department of Environmental Health and State and federal agencies will apply. These standard requirements will ensure that no impacts associated with the use, storage, or transport of hazardous materials occur. The proposed zoning ordinance amendment will not create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Future construction and operation of accessory dwelling units will be similar to exiting residential use of hazardous materials. No impact will occur. e -g) No Impact. The City is located west of the Jacqueline Cochran Regional Airport and south of the Bermuda Dune Regional Airport. The zoning ordinance amendment will not create hazards associated with aviation. The proposed zoning ordinance amendment will not physically interfere with local or regional roadway networks, or interfere with implementation of an emergency response or evacuation plan. Future developments will have access to the City's existing street grid for emergency purposes. No impacts are expected. h) No Impact. The City is located on the valley floor, and is in a highly urbanized area. There will be no impacts associated with wildland fires. Mitigation: None. Monitoring: None. -17- EA 2017-0005 ZOA 2017-0001 March 2017 31:11 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? 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 X 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)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river, in a manner which would result in substantial erosion or siltation on - or off-site? 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 X rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff? f) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or X other flood hazard delineation map? g) Place within a 100 -year flood hazard area structures which would impede or redirect X flood flows? 31:11 EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan IX. a) No Impact. The zoning ordinance amendment will have no impact on water quality standards. Coachella Valley Water District (CVWD) provides domestic water to residences in the City. CVWD implements all water pollution standards required, assuming that water sources are not contaminated, either during construction or operation. Future accessory dwelling units will continue to control storm water flows as it has, based on City standards. b) No Impact. The zoning ordinance amendment will have no impact on water supply. Coachella Valley Water District (CVWD) will supply domestic water to future accessory dwelling units. CVWD has prepared an Urban Water Management Plan 2010 Update, which is a long-term document that facilitates the planning for current and future water demands. The UWMP demonstrates that the District has available, and can supply, sufficient water to serve the potential expansion due to the proposed zoning ordinance amendment, insofar as the amendment would not result in substantial numbers of additional units. Water use for future accessory units will be required to comply with CVWD's and the City's water -efficiency requirements. c) -g) No Impact. The zoning ordinance amendment will have no impact on flooding. It is not likely that La Quinta will be affected by a tsunami because the City is located approximately 60 miles from the Pacific coast. Future units will be required to implement City standards relating to flooding hazards. For this reason, no impact would occur. Mitigation: None required. Monitoring: None required. -19- EA 2017-0005 ZOA 2017-0001 March 2017 Sources: 2035 General Plan; AB -2299 Land use: housing: 2— units, littps://Iggilfo.legislature.ca.gov/faces151l]NavClient.xhtml?bill id=201520160AB2299 X. a) No Impact. The zoning ordinance amendment will not divide an established community for the reason that any potential construction will be limited to existing residential units in existing neighborhoods. No impact is expected. b) Less Than Significant Impact. In order to comply with the new state law, AB 2299, which among other elements, makes a number of changes to the Accessory Dwelling Unit (ADU) review process and standards in order to ease some of the barriers to the development, the City is required to implement these amendments. As a result, the City has limited latitude in its review of these documents. In terms of conformance with the General Plan, second dwelling units are allowed within single family residential zones. The proposed zoning ordinance amendment would have the potential to increase the number of units allowed on a lot, but does allow limitations in terms of new units. That is to say that the City does not have to permit additional structures under this ordinance if the density of the lot would be exceeded. This will result in self -limitations in density increases, although the conversion of interior space in an existing home could still occur. Additionally, the zoning ordinance amendment does keep in place parking requirements for the primary unit, while allowing accessory units to have less parking. As a result, the primary unit's garage, or a replacement garage, must be available, and cannot be lost to the accessory unit. c) No Impact. Any construction and future development will occur on previously disturbed residential areas and will not be located within any conservation areas as identified in the CVMSHCP (See IV e -f). No impact will occur. Mitigation: None required. IP4011 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? 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 X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? Sources: 2035 General Plan; AB -2299 Land use: housing: 2— units, littps://Iggilfo.legislature.ca.gov/faces151l]NavClient.xhtml?bill id=201520160AB2299 X. a) No Impact. The zoning ordinance amendment will not divide an established community for the reason that any potential construction will be limited to existing residential units in existing neighborhoods. No impact is expected. b) Less Than Significant Impact. In order to comply with the new state law, AB 2299, which among other elements, makes a number of changes to the Accessory Dwelling Unit (ADU) review process and standards in order to ease some of the barriers to the development, the City is required to implement these amendments. As a result, the City has limited latitude in its review of these documents. In terms of conformance with the General Plan, second dwelling units are allowed within single family residential zones. The proposed zoning ordinance amendment would have the potential to increase the number of units allowed on a lot, but does allow limitations in terms of new units. That is to say that the City does not have to permit additional structures under this ordinance if the density of the lot would be exceeded. This will result in self -limitations in density increases, although the conversion of interior space in an existing home could still occur. Additionally, the zoning ordinance amendment does keep in place parking requirements for the primary unit, while allowing accessory units to have less parking. As a result, the primary unit's garage, or a replacement garage, must be available, and cannot be lost to the accessory unit. c) No Impact. Any construction and future development will occur on previously disturbed residential areas and will not be located within any conservation areas as identified in the CVMSHCP (See IV e -f). No impact will occur. Mitigation: None required. IP4011 EA 2017-0005 ZOA 2017-0001 March 2017 Monitoring: None required. Sources: 2035 General Plan, project materials. XI. a -b) No Impact. The zoning ordinance amendment will have no impact on mineral resources. Mineral resources in the City consist primarily of sand and gravel. The proposed zoning ordinance amendment will not result in the loss of availability of a known mineral resource since any potential construction or development would be limited to existing residential lots. There will be no impact to mineral resources as a result of the proposed project. Mitigation: None required Monitoring: None required -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of X value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X general plan, specific plan or other land use plan? Sources: 2035 General Plan, project materials. XI. a -b) No Impact. The zoning ordinance amendment will have no impact on mineral resources. Mineral resources in the City consist primarily of sand and gravel. The proposed zoning ordinance amendment will not result in the loss of availability of a known mineral resource since any potential construction or development would be limited to existing residential lots. There will be no impact to mineral resources as a result of the proposed project. Mitigation: None required Monitoring: None required -21- EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan Noise Element XII. a), c) No Impact. The zoning ordinance amendment will have no impact on noise levels in excess of standards. The City of La Quinta Noise Element of the General Plan provides guidelines for community noise impacts per land use designation. The primary source of noise in the City stems from traffic. The addition of accessory units to single family homes is not expected to increase noise levels beyond the City's standards. b) No Impact. The zoning ordinance amendment will have no impact on groundborne vibration. The source of groundborne vibration or groundborne noise for future units would be construction activities. These potential impacts will be temporary, and are not expected to exceed City standards. d0a Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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 X noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or X groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project X vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the X project vicinity above levels existing without the project? 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, X would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose X people residing or working in the project area to excessive noise levels? Source: 2035 General Plan Noise Element XII. a), c) No Impact. The zoning ordinance amendment will have no impact on noise levels in excess of standards. The City of La Quinta Noise Element of the General Plan provides guidelines for community noise impacts per land use designation. The primary source of noise in the City stems from traffic. The addition of accessory units to single family homes is not expected to increase noise levels beyond the City's standards. b) No Impact. The zoning ordinance amendment will have no impact on groundborne vibration. The source of groundborne vibration or groundborne noise for future units would be construction activities. These potential impacts will be temporary, and are not expected to exceed City standards. d0a EA 2017-0005 ZOA 2017-0001 March 2017 c -d) No Impact. The zoning ordinance amendment will have no impact on temporary or permanent noise levels. Future development of accessory units will occur on existing residential lots, and will not significant increase noise levels in residential areas. ej) No Impact. The zoning ordinance amendment will have no impact on airport noise environments. Future development of accessory units are unlikely to occur in close proximity to an airport. Mitigation: None required Monitoring: None required -23- EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan Housing Element. XIII. a -b) Less Than Significant Impact. The proposed zoning ordinance will facilitate the approval process for accessory dwelling units. Even though the project will induce population growth, it is consistent with the gradual growth occurring over time while providing an alternative form of affordable housing within the city. There will be no displacement of existing housing since the proposed project will result in additions to housing units on existing residential properties. Impacts to population are anticipated to be less than significant. Mitigation: None required Monitoring: None required -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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) X or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? Source: 2035 General Plan Housing Element. XIII. a -b) Less Than Significant Impact. The proposed zoning ordinance will facilitate the approval process for accessory dwelling units. Even though the project will induce population growth, it is consistent with the gradual growth occurring over time while providing an alternative form of affordable housing within the city. There will be no displacement of existing housing since the proposed project will result in additions to housing units on existing residential properties. Impacts to population are anticipated to be less than significant. Mitigation: None required Monitoring: None required -24- EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan, Google Earth accessed March 2017, project materials. XIV. a) The zoning ordinance amendment will have no impact on public services. Future development of accessory units would result in a marginal increase in demand for fire, police, school and park services. However, the number of units resulting from this ordinance is not expected to be substantia. Mitigation: None required Monitoring: None required -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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 accessed March 2017, project materials. XIV. a) The zoning ordinance amendment will have no impact on public services. Future development of accessory units would result in a marginal increase in demand for fire, police, school and park services. However, the number of units resulting from this ordinance is not expected to be substantia. Mitigation: None required Monitoring: None required -25- EA 2017-0005 ZOA 2017-0001 March 2017 Sources: 2035 General Plan, project materials. XV. a -b) No Impact. The proposed zoning ordinance amendment will have no impact on recreation. 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 parks, a 525 -acre municipal golf course, and numerous other private and public recreational facilities. The City sets a requirement for providing a minimum of 5 acres per 1,000 residents. When this standard is applied to the estimated General Plan buildout population, a total of 403 acres of neighborhood and community parks will be required to adequately serve the City and its sphere of influence. The City imposes the requirements of the Quimby Act on new development proposals for the acquisition of park lands. In this case, future accessory units will not likely be subject to these requirements, but are also not expected to generate large population increases that would require additional recreational services. Mitigation: None required Monitoring: None required -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which X might have an adverse physical effect on the environment? Sources: 2035 General Plan, project materials. XV. a -b) No Impact. The proposed zoning ordinance amendment will have no impact on recreation. 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 parks, a 525 -acre municipal golf course, and numerous other private and public recreational facilities. The City sets a requirement for providing a minimum of 5 acres per 1,000 residents. When this standard is applied to the estimated General Plan buildout population, a total of 403 acres of neighborhood and community parks will be required to adequately serve the City and its sphere of influence. The City imposes the requirements of the Quimby Act on new development proposals for the acquisition of park lands. In this case, future accessory units will not likely be subject to these requirements, but are also not expected to generate large population increases that would require additional recreational services. Mitigation: None required Monitoring: None required -26- EA 2017-0005 ZOA 2017-0001 March 2017 Source: 2035 General Plan. XVI. a -t) No Impact. The zoning ordinance amendment will have no impact on traffic and circulation. The marginal increase in population as result of the proposed zoning ordinance amendment will not create a substantial increase to the existing traffic load and capacity of the City's street system. -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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 X increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in X traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or X safety of such facilities? Source: 2035 General Plan. XVI. a -t) No Impact. The zoning ordinance amendment will have no impact on traffic and circulation. The marginal increase in population as result of the proposed zoning ordinance amendment will not create a substantial increase to the existing traffic load and capacity of the City's street system. -27- EA 2017-0005 ZOA 2017-0001 March 2017 The nearest airport, Jacqueline Cochran Regional Airport, is located southeast of the City. Although there is potential for an occasional overflight, existing dwelling units and future accessory units will not impact air traffic patterns. Fire Department standards ensure that emergency access will be created and preserved for the future accessory units. Prior to the approval of an accessory dwelling unit the existing residence must comply with two covered parking spaces or a two -car garage. This will ensure that the existing residence is in compliance with the City's parking requirement as well as providing sufficient parking accommodations in the form of tandem parking in the driveway for the accessory dwelling units. The proposed zoning ordinance amendment will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities since construction and operation of accessory dwelling units will be limited to existing developed parcels. Mitigation: None required Monitoring: None required -28- EA 2017-0005 ZOA 2017-0001 March 2017 XIII a) No Impact. The zoning ordinance amendment will have no impact on Tribal resources. Even though the City of La Quinta is situated in a highly sensitive area for tribal resources it is unlikely that the construction of future units would impact these resources, because the units will be located on parcels with existing homes. Mitigation: None required Monitoring: None required -29- Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XVII. TRIBAL RESOUCRES. Would the project: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of X historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024. 1, the lead agency shall consider the X significance of the resource to a California Native American tribe. XIII a) No Impact. The zoning ordinance amendment will have no impact on Tribal resources. Even though the City of La Quinta is situated in a highly sensitive area for tribal resources it is unlikely that the construction of future units would impact these resources, because the units will be located on parcels with existing homes. Mitigation: None required Monitoring: None required -29- EA 2017-0005 ZOA 2017-0001 March 2017 Source: General Plan 2035 -30- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVIII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or X are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has X adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid X waste? Source: General Plan 2035 -30- EA 2017-0005 ZOA 2017-0001 March 2017 XVIII. a) -g) No Impact. The zoning ordinance amendment will have no impact on utilities or service systems. Future accessory units will occur on existing residential lots, and will be reviewed for compliance with sanitary sewer and domestic water standards imposed by the City and CVWD. Accessory dwelling units will not require substantial new drainage facilities. Solid waste requirements will be subject to the City's and Burrtec's standards. Mitigation: Not required. Monitoring: Not required. -31- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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 X 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? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? 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 X viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial X adverse effects on human beings, either -31- EA 2017-0005 ZOA 2017-0001 March 2017 directly or indirectly? XVIII. a) -d) No Impact. The zoning ordinance amendment will not impact either biological or cultural resources. The future development of accessory units will occur on existing residential lots which have been fully disturbed. There will be no impact to biological or cultural resources. The proposed zoning ordinance amendment is required to meet State law. It will not impact environmental goals, because accessory structures will occur on existing single family lots, and will reduce the potential for sprawl. The zoning ordinance amendment has no impacts which could be cumulatively significant, because the ordinance amendment will not result in any development. Future accessory units built under the terms of the ordinance amendment would not be expected to result in sufficient numbers, because of the City's development standards relating to building coverage and parking, to cause cumulative impacts. The zoning ordinance amendment will have no impact on human beings. -32- References City of La Quinta 2035 General Plan City of La Quinta Municipal Code. CA Department of Toxic Substances SCAQMD CEQA Handbook 2003 PM10 Plan for the Coachella Valley EA 2017-0005 ZOA 2017-0001 March 2017 SCAQMD 2012 Air Quality Management Plan California Department of Conservation Farmland Mapping -33- 1*:4:n:11a.1 9.60.090 Accessory dwelling units. A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units within residential districts, consistent with California Government Code Section 65852.2. Accessory dwelling units shall be permitted only in the RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 65852.2(i)(4) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply for purposes of this section: 1. "Living area" shall have the same meaning as California Government Code Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding any provision in Section 9.280.030 of this code to the contrary. 2. "Primary residence" shall have the same meaning as "Dwelling, single-family detached" or "single-family detached dwelling" as defined in Section 9.280.030 (or successor section). 3. "Public transit" means public mass transit that has a major transit stop or bus stop along a high-quality transit corridor as described in California Public Resources Code Section 21155(b) (or successor statute). C. Standards for Accessory Dwelling Units. Subject to allowances set forth in Subsection D, the following standards shall apply to accessory dwelling units: 1. An accessory dwelling unit shall be consistent with the provisions of the applicable zoning district in which it is constructed. 2. An accessory dwelling unit shall only be permitted on a lot in which the primary residence and all other structures thereon conform to all minimum requirements of the applicable zoning district. 3. The lot shall contain an existing primary residence at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary residence. 4. The owner of the lot shall reside on the lot, either in the primary residence or in the accessory dwelling unit. Prior to issuance of occupancy approval of the accessory dwelling unit, the city may require the property owner to 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 lot. Such covenant shall further provide that the 698/015610-0002 10999115.3 a07/06/17 -1- ::I:I 1:1 11 i:? accessory dwelling unit shall not be sold, or title thereto transferred separate from that of the lot or the primary residence. If the owner ceases to reside on the lot, use of the accessory dwelling unit shall be discontinued as follows: (a) if it is an attached accessory dwelling unit, the unit shall be converted into a portion of the primary residence; or, (b) if it is a detached accessory dwelling unit, the unit shall be removed or converted to a legal use. The city manager or authorized designee may grant temporary relief from this owner -occupancy requirement. 5. The maximum increase in gross floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing living area of the primary residence or one thousand two hundred square feet, whichever is less. 6. The minimum gross floor area of an accessory dwelling unit shall be four hundred square feet, except that the minimum gross floor area of an accessory dwelling unit that qualifies as an efficiency unit under California Health and Safety Code Section 17958.1 (or successor statute) shall be one hundred fifty square feet. The maximum gross floor area of a detached accessory dwelling unit shall not exceed thirty percent of the existing living area of the primary residence or one thousand two hundred square feet, whichever is less. 7. An accessory dwelling unit shall have no more than two bedrooms. 8. The total gross floor area of all covered structures, including an attached accessory dwelling unit, shall not exceed the lot coverage area as prescribed by the applicable zoning district. 9. The accessory dwelling unit shall be architecturally compatible with the primary residence and surrounding residential neighborhood. If a dispute arises whether the accessory dwelling unit is architecturally compatible with the primary residence, review of the application for the accessory dwelling unit shall be processed as any other design review application under the code but limited to the determination of architectural compatibility. For purposes of this section, "architecturally compatible" means that the accessory dwelling unit generally has the same or substantially similar architectural style, construction and structure materials, paint pallet or scheme, and other prominent design features, as the primary residence. 10. No attached accessory dwelling unit shall cause the height of the primary residence to exceed the height limitation for the applicable zoning district. If the attached accessory dwelling unit is not located above any portion of an existing primary residence, the maximum height of the accessory dwelling unit shall not exceed the height of the primary residence. 11. A detached accessory dwelling unit shall not exceed seventeen feet in height nor more than one story. 698/015610-0002 10999115.3 a07/06/17 2' EXHIBIT B 12. An attached accessory dwelling 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. An accessory dwelling unit shall contain separate kitchen and bathroom facilities, and shall be metered separately from the primary residence for gas, electricity, communications, water, and sewer services. 14. All attached and detached accessory dwelling 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 residence, a minimum of one additional off-street parking space shall be provided on the same lot that the accessory dwelling unit is located. One parking space shall be provided for each efficiency unit as defined under California Health and Safety Code Section 17958.1 (or successor statute) in accordance with the applicable parking regulations. Subject to the allowances in Subsection D, no variance or adjustment shall be granted to allow substandard parking spaces or locations. 16. All construction, structural alterations or additions made to create an accessory dwelling 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 of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit. 19. The city manager or authorized designee 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 an accessory dwelling unit. D. Allowances for Qualifying Accessory Dwelling Units. In accordance with California Government Code Section 65852.2, as amended by Section 1.5 of Chapter 735 of the Statutes of 2016, the following allowances apply for qualifying accessory dwelling units. 1. Parking requirement exemptions. If one or more of the following criteria is met: (a) a proposed accessory dwelling unit is located within one-half mile of public transit, (b) a proposed accessory dwelling unit is located within an architecturally and historically 698/015610-0002 10999115.3 a07/06/17 _ 3 _ EXHIBIT B significant historic district, (c) a proposed accessory dwelling unit is part of an existing primary residence or existing accessory structure, (d) the occupant of a proposed accessory dwelling unit would be required to obtain an on -street parking permit from the city, or (e) a proposed accessory dwelling unit is located within one block of a car -share vehicle station or parking area; then the applicant for an accessory dwelling unit may be exempted from the parking requirements under the zone for which the proposed accessory dwelling unit is located. Nothing in this subsection, however, exempts the primary residence from complying with all parking requirements under the zone for which the proposed accessory dwelling unit is located. Furthermore, nothing in this subsection exempts the owner of the lot from complying with all parking requirements for fire safety, including access to the lot by front and rear setbacks that are to be clear of obstructions. 2. Utility Connection exemptions. If all of the following criteria are met: (a) a proposed accessory dwelling unit is contained in the existing primary residence or existing accessory structure, (b) a proposed accessory dwelling unit has independent exterior access from the existing primary residence pursuant to this section, and (c) the side and rear setbacks are sufficient for fire safety as determined by the zoning and public safety provisions in this code; then the applicant for an accessory dwelling unit may be exempted from the requirement to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and may be exempted from related connection fees or capacity charges. The city may require, however, that the owner of the lot on which the proposed accessory dwelling unit is located to pay any such connection fees or capacity charges as part of the primary residence. Furthermore, the city may require, as part of the restrictive covenant to be recorded against the lot pursuant to this section, that the owner of the lot implement a metering system that would account for the percentage use of each utility provided to an accessory dwelling unit compared to total use of that utility for the of entire lot, and that all utilities that are provided to the accessory dwelling unit be metered by the utilities provided to the primary residence. Any metering system implemented by the owner of the lot pursuant to this subsection shall be subject to verification by the utility from which the service is being provided to the accessory dwelling unit. 3. For purposes of this Subsection D, "existing accessory structure" means "accessory building or structure" as defined in Section 9.280.030 that exists on the lot with an existing primary residence at the time of submittal for any application relating to the proposed accessory dwelling unit. E. If an application for an accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code. 696/015610-0002 10999115.3 a07/06/17 _4 _