ORD 508ORDINANCE NO. 508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING SECTION
13.24.030 OF THE LA QUINTA MUNICIPAL CODE
PERTAINING TO IMPROVEMENT STANDARDS
WHEREAS, improvements installed in, or associated with, land divisions are
required to be constructed in conformance with standards and specifications of the
city; and
WHEREAS, the City is required to protect the public health and public safety
in and around the proposed land divisions; and
WHEREAS, When a subdivider fails to timely complete required
improvements and the City finds that such failure creates a potential risk to the
public health or public safety in and around the proposed land divisions, the City
desires to put future owners of the divided land on notice of potential restrictions
on future use of the subdivided land that may result from the condition of
inadequate or incomplete improvements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
ORDAIN AS FOLLOWS:
SECTION 1. ADOPT SECTION 13.24.030 "Improvement Standards"
The La Quinta Municipal Code Section 13.24.030, "Improvement Standards" is
hereby amended to read as follows:
CITY OF LA QUINTA MUNICIPAL CODE: 13.24.030 Improvement Standards
A. Improvements installed in, or associated with, land divisions shall be
constructed in conformance with standards and specifications of the City. In
the absence of standards for an improvement, the City Engineer may
prescribe standards in keeping with good construction and engineering
practice.
B. The subdivider shall arrange and bear the cost of measurement, sampling
and testing not included in the City's permit inspection program but which
are required by the City to provide evidence that materials and their
placement comply with plans and specifications.
C. Where a subdivider fails to timely complete required improvements meeting
the standards and specifications required herein, and the City finds that such
Ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 2 of 9
failure creates a potential risk to the public health or public safety in and
around the proposed land divisions, then City staff may, where deemed
appropriate, in the City's sole discretion, to protect the public health or
safety, record an appropriate notice with the County Recorder putting future
owners of divided land on notice of potential restrictions on future use of the
subdivided land that may result from the condition of inadequate or
incomplete improvements. If record, such notice shall remain on record until
such time as required improvements meeting this section are completed.
SECTION 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty days after its adoption.
SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it 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, at a regular meeting of the La Quinta
City Council held this 2nd day of April 2013, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 508
Amend Code - Section t 3.24.030
Adopted: April 2, 2013
Page 3 of 9
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, ity Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO
kALTHEMNE JE City Attorney
City of La Quinta, Caf fornia
Ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 4 of 9
EXHIBIT A
Amend 9.60.300 Compatibility review for partially developed subdivisions as
follows:
A. Purpose. Residential subdivisions are often developed in phases, either
by the same or different developers or by individual owner -builders.
This section imposes requirements to ensure that units in :later phases ,
of such projects are compatible in design and appearance with those
already constructed.
B. Definition. For purposes of this section, the term "compatible"" means "
residential buildings which are similar in floor area and harmonious in
architectural style, mass, scale, materials, colors, and overall
appearance.
C. Applicability. This section applies to all second story additions, aad
proposed major design deviations, and new residential units which are
different from those originally constructed and/or approved and which
are proposed for construction within a partially developed subdivision,
except for a custom home subdivision, project or phase. Proposed
minor design deviations are not subject to this section. These
requirements are in addition to other applicable regulations in this code.
1. Minor Design Deviation. A minor design deviation can be
approved by the Community Development Department without a
public hearing. Minor design deviation means a modification of
an approved architectural unit within a subdivision that involves
items such as, but not limited to, less than ten percent change in
square footage of existing constructed or approved units;
columns, dormer vents, window size changes, plant -on locations,
color, and stucco.texture changes. The Community Development
Director may refer the minor design deviation to the planning
Ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 5 of 9
commission as a business item under the site development permit
process.
2. Major Design Deviation. A major design deviation is subject to
the compatibility review for partially developed subdivisions. A
major design deviation means a ten percent or more change in
square footage of existing constructed or approved units; any
exterior architectural modification not defined as a minor design
deviation.
D. Site Development Permit Required. Residential units subject to this
section are subject to approval of a site development permit by the
planning commission per Section 9.210.010. Applications for such
permits shall be filed with the planning Community Development
Department on forms prescribed by the director together with: (1) all
maps, plans, documents and other materials required by the director,
and (2) all required fees per Chapter 9.260. The director shall provide
the necessary forms plus written filing instructions specifying all
materials and fees required to any requesting person at no charge.
E. Acceptance of Applications as Complete. Within thirty days of receipt
of a permit application, the director shall determine whether the
application is complete and shall transmit such determination to the
applicant. If the application is determined not to be complete, the
_director shall specify in writing those parts of the application which are
incomplete and shall indicate the manner in which they can be made
complete. No application shall be processed until all required materials
have been submitted and the application deemed complete.
F. Public Hearing Required. A public hearing shall be noticed and held per
Section 9.200.110 prior to planning commission approval or denial of
any site development permit consisting of the construction of a total of
five houses within a tract under the compatibility review provisions of
this section. Construction of a total of five or less units shall require
review and approval of the planning commission as . a business item.
The planning Community Development Director may require that
ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 6 of 9
additional notice be given by enlarging the notification radius or by
other means determined by the director.
G. Precise Development Plan. A site development permit approved under
the compatibility review provisions of this section constitutes a precise
development plan. Therefore, the residential development authorized
under the site development shall be in compliance with the plans,
specifications and conditions of approval shown on and/or attached to
the approved permit.
H. Required Findings. In addition to the findings required for approval of a
site development permit, the following findings shall be made by the
decision -making authority prior to the approval of any site development
permit under the compatibility review provisions of this section:
1. The development standards of subsection I of this section have
been satisfied.
2. The architectural and other design elements of the new
residential unit(s) will be compatible with and not detrimental to
other existing units in the project.
Development Standards for Compatibility Review. No residential unit
shall be approved under compatibility review unless the planning
commission determines that it complies with the following development
standards:
1. A two-story house shall not be constructed adjacent to or
abutting a lot line of an existing single -story home constructed in
the same subdivision.
2. If lot fencing has been provided in the subdivision, the new
developer shall provide the same or better type of fencing for the
new dwelling(s), as determined by the planning commission,
including any perimeter subdivision fencing.
Ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 7 of 9
3. Proposed single-family dwellings shall be compatible to existing
dwellings in the project or to dwellings which are approved for
construction as shown on the plans and materials board, unless
otherwise approved by the planning commission, with respect to
the following design elements:
a. Architectural material such as roof material, window
treatment and garage door style;
b. Colors;
C. Roof lines;
d. Lot area; and
e. Building mass and scale.
4. At least one specimen tree (i.e., minimum of a 24-inch box size
(1.5-inch to 2-inch caliper) and minimum ten -foot tall, measured
from top of box) shall be provided in the front yard and street
side yard with the total number of trees on each lot to be the
same as that provided for on the original units.
6. Residential units with identical, or similar, front elevations shall
not be placed on adjacent lots or directly across the street from
one another.
J. Commission Discretion on Unit Types. The planning commission, in
reviewing dwelling units under this section, may limit the type and the
number of a particular unit to be constructed within a subdivision.
Ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 8 of 9
K. Appeals. The applicant or another aggrieved party may appeal
decisions of the planning commission in accordance with the provisions
of Section 9.200.120.
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Ordinance No. 508
Amend Code - Section 13.24.030
Adopted: April 2, 2013
Page 9 of 9
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, 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. 508
which was introduced at a regular meeting on the 19th day of March, 2013, and
was adopted at a regular meeting held on the 2nd day of April, 2013, not being less
than 5 days after the date of introduction thereof.
I 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.
—L�4�'
SUSAN MAYSELS, ity Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on April 3, 2013, pursuant to
Council Resolution.
SUSAN MAYSELS, Oy Clerk
City of La Quinta, California