2015 11 03 CC
CITY COUNCIL AGENDA 1
NOVEMBER 3, 2015
City Council agendas and staff reports
are now available on the City’s web
page: www.la-quinta.org
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CITY COUNCIL AGENDA 2
NOVEMBER 3, 2015
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CITY COUNCIL AGENDA 3
NOVEMBER 3, 2015
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CITY COUNCIL AGENDA 4
NOVEMBER 3, 2015
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CITY COUNCIL AGENDA 5
NOVEMBER 3, 2015
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CITY COUNCIL MINUTES 1
OCTOBER 20, 2015
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CITY COUNCIL MINUTES 2
OCTOBER 20, 2015
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CITY COUNCIL MINUTES 3
OCTOBER 20, 2015
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CITY COUNCIL MINUTES 4
OCTOBER 20, 2015
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CITY COUNCIL MINUTES 5
OCTOBER 20, 2015
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CITY COUNCIL MINUTES 6
OCTOBER 20, 2015
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED OCTOBER 16, 22 AND 23, 2015
RECOMMEDATION
Approve demand registers dated October 16, 22 and 23, 2015.
EXECUTIVE SUMMARY - None
FISCAL IMPACT
Demand of Cash:
-- City $ 1,547,002.18
-- Successor Agency of RDA $ 5,704.00
-- Housing Authority $ 193.50
-- Housing Authority Commission $ 0.00
$ 1,552,899.68
BACKGROUND/ANALYSIS
Between City Council meetings, routine bills and payroll must be paid. Attachment 1
details the weekly demand registers from October 10 through October 23, 2015.
Warrants Issued:
108675 - 108724} $ 191,000.31
108725 - 108726} $ 320,339.14
108727 - 108841} $ 608,853.14
Voids} $ (1,203.63)
Wire Transfers} $ 235,949.93
PR 37071 - 37072 Payroll Direct Deposit} $ 157,878.84
Payroll Tax Transfers} $ 40,081.95
$ 1,552,899.68
In the amounts listed above, stale dated Check Nos. 101740, 103017, 103480, 103613,
103664, 103637, 107035, 107448, and 107457 were voided and re-issued. Check Nos.
108316, 107480, and 108416 were paid to incorrect vendors and payment was
subsequently re-issued to the correct vendors. Check 108316 was a payment to the
Riverside County Sherriff
Garnishments vendor name, the word garnishments
prevented the correct department from cashing the check. The check was voided and
reissued and a new vendor name was established. Check 107480 was paid to vendor
Vacation Rentals of the Desert when it should have been paid to Vacation Rentals in the
Desert. Check 108416 was a refund for an overpayment where the check request for the
refund was made out to Arbonne International when the original payment was made on
CONSENT CALENDAR ITEM NO.
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the business owner
form of payment. bank mistakenly flagged Check No. 108215 as a fraudulent
transaction and the check had to be voided and re-issued.
The most significant expenditures on the demand registers listed above are as follows:
Vendor: Account Name: Amount: Purpose:
CVAG TUMF Fee $ 316,213.62 Aug-TUMF Fee Adj
Painting & Décor Inc. Construction $ 192,115.65 Library Improvements
Golden Valley Construction Construction $ 180,728.47 Library Improvements
Rutan & Tucker Various $ 57,408.75 Aug-Legal Fees
Wire Transfers: Five wire transfers totaled $235,949.93. Of this amount, $192,213.46
was to Landmark for golf course management and $35,631.91 to CalPERS for retirement
costs (see Attachment 2 for a full listing).
ALTERNATIVES
City Council may approve, partially approve, or reject the demand registers.
Report prepared by: Sandra Mancilla, Account Technician
Report approved by: Frank J. Spevacek, City Manager
Attachments: 1. Demand Registers
2. Wire Transfers
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: APPROVE AMENDED AND RESTATED EAST VALLEY COALITION
MEMORANDUM OF UNDERSTANDING
RECOMMENDATION
Approve the Amended and Restated Memorandum of Understanding for the East Valley
Coalition.
EXECUTIVE SUMMARY
¥ After the dissolution of the California Enterprise Zone Program, Riverside County,
and the Cities of Indio, Coachella and La Quinta collaborated on ways to support
economic development in the eastern Coachella Valley and subsequently created
a Memorandum of Understanding (“MOU”) for the East Valley Coalition (“EVC”),
which incorporated all entities except Coachella.
¥ On September 15, 2015, Council was presented with an amended MOU to include
the City of Coachella as an Associate Member. Council approved the MOU but
directed staff to make minor but material changes.
¥ The three other entities that comprise the EVC have agreed to the subsequent
language changes.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
On September 15, 2015, the La Quinta City Council considered and approved an amended
MOU to include the City of Coachella as an Associate EVC Member with full voting rights.
During the meeting, Mayor Evans requested changes that were subsequently
incorporated into the MOU. They provide greater clarification to the Termination clause,
specific to withdrawal and refunding contributions.
All other parties to the MOU have reviewed and agreed to the changes at the staff level
and are advancing the revised MOU to their respective governing bodies.
ALTERNATIVES
As changes to the MOU were directed by Council, staff has no alternative.
Report prepared by: Ted Shove, Business Analyst
Report approved by: Frank J. Spevacek, City Manager
Attachment: 1. Amended and Restated Memorandum of Understanding (Redline)
CONSENT CALENDAR ITEM NO.
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1
AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
FOR THE
EAST VALLEY COALITION
This Amended and Restated Memorandum of Understanding (“MOU”) is made and entered into
this ____ day of ______________, 2015 by and between the COUNTY OF RIVERSIDE, a
political subdivision of the State of California (“County”) and the cities of INDIO, LA QUINTA
and COACHELLA (“Cities”), hereinafter individually and collectively referred to as the
“PARTY” or the “PARTIES.”
RECITALS
WHEREAS, the PARTIES have determined that there exists a need to stimulate
economic development growth in areas within the boundaries of the PARTIES;
WHEREAS, the PARTIES have determined that there exists a desire to jointly manage,
coordinate, market and administer economic development programs and projects in the eastern
Coachella Valley;
WHEREAS, the County and the Cities of Indio and La Quinta entered into that certain
Memorandum of Understanding on or about ____________ 2015 for regional economic
activities (“Original MOU”);
WHEREAS, the City of Coachella has requested inclusion in the East Valley Coalition as
a contributing partner with voting rights;
WHEREAS, the PARTIES desire to amend and restate the Original MOU as hereinafter
set forth to include the City of Coachella as a partner and address matters concerning the conduct
of economic development activities; and
WHEREAS, the PARTIES have the common power to undertake economic development
activities and the power to enter into this agreement.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
advantages herein stated, the PARTIES hereto agree as follows:
SECTION I
PURPOSE AND GOALS
1.1 The recitals set forth above are true and correct and incorporated herein. As of the
Effective Date, the Original MOU is amended and restated in its entirety and superseded
by this Amended and Restated Memorandum of Understanding.
1.2 In undertaking the economic development activities set forth in this MOU, the PARTIES
agree to jointly conduct such activities under the moniker of the “East Valley Coalition,”
hereinafter referred to as the “EVC.”
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1.3 The purpose of this MOU is to formalize the partnership and understanding between the
PARTIES and set forth the terms by which the PARTIES will manage, coordinate,
market, and administer economic development activities, programs and projects in the
eastern portion of the Coachella Valley within the boundaries of PARTIES. The
PARTIES agree that the purpose for conducting the activities as a coordinated group (i.e.
EVC) shall include, but are not limited to the following:
a. Implementing a regional marketing program for areas that comprise the EVC;
b. Acting as a resource and business center to aid start-up and business
expansion efforts, provide financial assistance information, job creation
efforts, and other economic development incentives;
c. Assisting coordination and targeting of available federal, state and local funds
and development programs;
d. Assisting development of computerized economic information systems,
establishing and/or utilizing data bases necessary for economic growth; and
e. Performing such other functions as may be deemed necessary and appropriate
to meet the objectives of this MOU.
1.4 The goals of the EVC were developed by the PARTIES and are outlined and specified in
Exhibit A, GOALS AND MEASURED OUTCOMES, attached hereto and incorporated
herein by this reference. The PARTIES agree to use best efforts in accomplishing such
goals.
SECTION II
PARTY OBLIGATIONS
In conducting the economic development activities set forth in this MOU, the PARTIES
individually agree to perform the following tasks or undertaking:
2.1 The County of Riverside will:
a. Create and maintain a basic web site for the EVC with links to the
jurisdictions;
b. Provide a lead staff member to coordinate all activities of the EVC;
c. Provide financial support as determined in Section 5.2 below; and
d. Assist in the development of economic development strategies for the EVC.
2.2 The City of Indio will:
a. Serve as fiscal agent for the EVC, producing financial reports and statements;
b. Provide a staff member to assist County in coordinating activities of the EVC;
c. Provide financial support as determined in Section 5.2 below; and
d. Assist in the development of economic development strategies for the EVC.
2.3 The City of La Quinta will:
a. Provide a staff member to assist County in coordinating activities of EVC;
b. Provide financial support as determined in Section 5.2 below; and
c. Assist in the development of economic development strategies for the EVC.
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2.4 The City of Coachella will:
a. Provide a staff member to assist County in coordinating activities of EVC;
b. Provide financial support as determined in Section 5.2 below; and
c. Assist in the development of economic development strategies for the EVC.
SECTION III
EFFECTIVE DATE AND TERM
3.1 This MOU shall become effective as of the date on which the last PARTY executes this
MOU (“Effective Date”).
3.2 The Term of the MOU will commence on the Effective Date and continue for two (2)
years, unless terminated earlier by the PARTIES as provided in Section 7.4 below, and
will automatically terminate unless otherwise extended by a written amendment to this
MOU executed by all of the PARTIES.
SECTION IV
ASSOCIATE PARTNERS
4.1 The PARTIES, may engage other public agencies as partners (“Associate Partners”) for
the undertaking of the economic development activities described herein. Public
agencies desiring to become an Associate Partner shall submit a minute order from their
governing body for consideration to each of the PARTIES for their individual approval.
Unanimous approval by all PARTIES will be required to grant Associate Partner status,
evidenced by a minute order from each of the PARTIES. Once approved by all the
PARTIES and upon payment of the partner contribution (in an amount determined
collectively by the PARTIES), the Associated Partner status shall be approved. A partner
shall be entitled to participate in the programs created by the partnership created herein
but is not a PARTY to the MOU.
SECTION V
FINANCING AND BUDGETING
5.1 It is the intent and understanding of the PARTIES to this MOU that the activities
conducted pursuant to this MOU will be financed by mandatory contributions from the
PARTIES.
5.2 Each PARTY shall contribute a mandatory contribution of Ten Thousand Dollars
($10,000.00) per fiscal year (“Mandatory Contribution”). The Mandatory Contribution
shall be used only for administrative and other matters of general benefit to all PARTIES
that further the purposes of the MOU and for the activities described in this MOU. The
use of the Mandatory Contribution for each fiscal year shall be as set forth in the general
administrative budget for the respective fiscal year which general administrative budget
is subject to approval by each PARTY pursuant to Section 5.4 below.
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5.3 Payments shall be made yearly on July 1st. Payments shall be made payable to and
remitted to the PARTY that is the fiscal agent identified in Section 6.1 below.
5.4 A general administrative budget shall be approved by the City Managers in the case of
the cities of Indio, La Quinta, and Coachella, and the Assistant County Executive
Officer/EDA, or designee, in the case of the County of Riverside. The budget shall be
prepared in sufficient detail to constitute an operating outline for the use of the
Mandatory Contributions and shall cover expenditures to be made during the ensuing
year for the purposes set forth in Section 5.2.
SECTION VI
ACCOUNTING
6.1 The City of Indio is designated as the fiscal agent. The City of Indio shall account
separately for all funds collected or disbursed pursuant to this MOU. The City of Indio
shall maintain and keep records of all expenditures and obligations incurred pursuant to
this MOU and all income and fees received thereby according to generally recognized
accounting principles. Such records shall be maintained by the City of Indio for a
minimum of three (3) years. The records relating to this MOU shall be open to inspection
and audit by the PARTIES or its authorized representative on an annual basis or as is
deemed necessary by the PARTIES upon reasonable notice to the City of Indio.
6.2 The City of Indio shall provide the PARTIES monthly expenditure reports by the last day
of the following month, as well as a copy of a full annual financial statement for the
partnership activities immediately upon completion thereof, but in no case later than six
(6) months following the end of the fiscal year. The monthly expenditure reports and
annual financial statements shall contain a status report of all appropriations and
expenditures by line item, any emergency expenditure, appropriation changes (increases
or decreases or new/supplemental appropriations after original budget was approved) and
remaining unspent balances including encumbered amounts by purpose.
SECTION VII
GENERAL PROVISIONS
7.1 Indemnification. Each of the PARTIES agree to defend, indemnify and hold harmless
each and every other PARTY and its officers, officials, board of supervisors, city council,
employees or agents from and against any damages including, but not limited to,
attorneys’ fees, expert and consultant fees, and other costs and fees of litigation, arising
out of the alleged gross negligence, intentional or willful misconduct of the PARTY, its
agents, officers, officials, board of supervisors, city council, employees or representatives
in the performance of this MOU.
It is the intent of the PARTIES that where negligence or responsibility for injury or
damages is determined to have been shared, principles of comparative negligence will be
followed and each PARTY shall bear the proportionate cost of any loss, damage, expense
and liability attributable to that PARTY’S negligence. In the event a claim or suit is filed
and liability is based on the active conduct of two or more of the PARTIES, then such
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PARTIES shall cooperate and contribute to the defense and indemnity of the claim or suit
on an equal basis until such time as comparative negligence is established and damages
apportioned. At that time, the responsible PARTIES shall reimburse the other PARTIES
for their costs in accordance with their proportionate share of liability.
The PARTIES shall promptly notify each other of any claims or demands which arise and
for which indemnification is sought. The terms of this Section shall survive the
termination of this MOU.
The PARTIES each hereby certify that they have adequate insurance, self-insured
retentions or other self-insurance programs sufficient to meet any obligation arising under
this Section 7.1
7.2 Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request,
demand, statement or other communication required or permitted hereunder shall be in
writing to the addresses set forth below and shall be deemed to have been received on (a)
the day of delivery, if delivered by hand during regular business hours or by confirmed
facsimile during regular business hours; or (b) on the third business day following deposit
in the United States mail, postage prepaid:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Coachella
1515 Sixth Street
Coachella, CA 92236
Attention: City Manager
County of Riverside
Economic Development Agency
3403 10th Street
Suite 400
Riverside, CA 92501
Attention: Assistant County Executive Officer/EDA
7.3 Alternative Dispute. The PARTIES agree that before either PARTY commences any
legal or equitable action, action for declaratory relief, suit, proceeding, or arbitration that
the PARTIES shall first submit the dispute to mediation through a mutually acceptable
professional mediator in Riverside County. Each PARTY shall bear its own expenses
and costs associated with the mediation. The cost of mediator shall be shared equally by
the PARTIES.
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7.4 Termination. Any Party may terminate its participation in this MOU for any reason by
giving thirty (30) days advance written notice to the designated representatives of the
other Parties. In the event a Party terminates its participation in this MOU during the first
year of the term of this MOU, such Party shall not be entitled to the return of the
Mandatory Contribution paid pursuant to Section 5.2. In the event a Party contributed in
the first fiscal year a lump-sum payment of $20,000.00 and that Party decides to
terminate its participation in this MOU for the second year of the term of this MOU, such
Party shall be entitled to a reimbursement of the $10,000.00 Mandatory Contribution paid
pursuant to Section 5.2 attributable to the second fiscal year, provided the other Parties
receive written notice of such termination no later than 90 days before the
commencement of the second year of the term of this MOU, and, in the event all of the
other Parties do not receive such written notice of termination by the 90th day before the
commencement of the second year, the Party that contributed the lump-sum payment of
$20,000.00 shall not be entitled to a return of any of the $20,000.00 lump-sum payment.
In the event a PARTY terminates its participation in this MOU during the second year of
the term of this MOU prior to making the second year’s Mandatory Contribution, if the
other PARTIES receive written notice of such termination no later than 90 days before
the commencement of the second year of the term of this MOU, then the terminating
PARTY is relieved from making the second year’s Mandatory Contribution. If written
notice is received at any other time, the terminating PARTY is required to pay its
Mandatory Contribution for the second year when due and is not entitled to a return of
any Mandatory Contribution amounts already paid.
If the Parties have not incurred any obligations in connection with implementing this
MOU, each Party may terminate this MOU by giving no less than sixty (60) days
advance written notice thereof to all other Parties.
In the event this MOU is terminated, any property acquired by the PARTIES in
connection with this MOU from the Effective Date of this MOU, including but not
limited to money, shall be divided and distributed between the PARTIES in proportion to
the contributions made.
Except as otherwise provided herein, upon termination of this MOU, or an individual
PARTIES termination of participation in this MOU, neither PARTY shall have any
obligation to the other PARTIES.
7.5 Legal Authority. Nothing in this MOU binds the PARTIES to perform any action that is
beyond its legal authority.
7.6 Conflict of Interest. No member, official or employee of the County or the Cities, shall
have any personal interest, direct or indirect, in this MOU nor shall any such member,
official or employee participate in any decision relating to this MOU which affects his or
her personal interest or the interests of any corporation, partnership or association in
which he or she is directly or indirectly interested.
7.7 Interpretation, Governing Law, and Venue. This MOU and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This MOU shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the PARTIES hereto, and the
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rule of construction to the effect that ambiguities are to be resolved against the drafting
PARTY shall not be employed in interpreting this MOU, all PARTIES having been
represented by counsel in the negotiation and preparation hereof.
Any legal action related to the performance or interpretation of this MOU shall be filed
only in the Superior Court of the State of California located in Riverside, California, and
the PARTIES waive any provision of law providing for a change of venue to another
location.
7.8 No Third-Party Beneficiaries. This MOU is made and entered into for the sole protection
and benefit of the PARTIES hereto and shall not create any rights in any third PARTIES.
No other person or entity shall have any right of action based upon the provisions of this
MOU.
7.9 Section Headings. The Section headings herein are for the convenience of the PARTIES
only and shall not be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions or language of this MOU.
7.10 Compliance with Laws and Regulations. By executing this MOU, the PARTIES agree to
comply with all applicable federal, state and local laws, regulations and ordinances.
7.11 Waiver. Failure by a PARTY to insist upon the strict performance of any of the
provisions of this MOU by the other PARTY, or the failure by a PARTY to exercise its
rights upon the default of the other PARTY, shall not constitute a waiver of such
PARTY’s right to insist and demand strict compliance by the other PARTY with the
terms of this MOU thereafter.
7.12 Severability. Each paragraph and provision of this MOU is severable from each
provision, and in the event any provision in this MOU is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
7.13 Authority to Execute. The persons executing this MOU or exhibits attached hereto on
behalf of the PARTIES to this MOU hereby warrant and represent that they have the
authority to execute this MOU and warrant and represent that they have the authority to
bind the respective PARTIES to this MOU to the performance of its obligations
hereunder.
7.14 Assignment. The PARTIES shall not assign, transfer, or subcontract any interest in this
MOU. Any attempt to so assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder shall be null, void and of no effect.
7.15 Amendments. This MOU may be amended, in writing, from time-to-time by unanimous
vote of the PARTIES acting through their governing bodies.
7.16 Exhibits; Precedence. All documents referenced as exhibits in this MOU are hereby
incorporated in this MOU. In the event of any material discrepancy between the express
provisions of this MOU and the provisions of any document incorporated herein by
reference, the provisions of the MOU shall prevail.
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7.17 Independent Contractor. Each PARTY to this MOU shall have no power to incur any
debt, obligation, or liability on behalf of another PARTY to this MOU or otherwise act as
an agent of another PARTY.
7.18 MOU Administration. The City Managers in the case of the cities of Indio, La Quinta,
and Coachella, and the Assistant County Executive Officer/EDA, in the case of the
County of Riverside, or their designees, shall administer the terms and conditions of this
MOU for their respective city or county.
7.19 Cooperation; Further Act. The PARTIES shall cooperate fully with one another, and
shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this MOU.
7.20 Entire Agreement. This MOU, including all exhibits and attachments hereto, is intended
by the PARTIES hereto as a final expression of their understanding with respect to the
subject matter hereof and as a complete and exclusive statement of the terms and
conditions thereof and supersedes any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith. Any amendments to or
clarification of this MOU shall be in writing and acknowledged by all PARTIES to this
MOU.
(Signatures on Following Pages)
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their
duly authorized representatives on the dates set forth below.
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COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Date:____________ _____________________________
Marion Ashley, Chairman
BOARD OF SUPERVISORS
ATTEST:
Kecia Harper-Ihem
Clerk of the Board of Supervisors
______________________,
Deputy
APPROVED AS TO FORM:
Gregory P. Priamos
County Counsel
By: __________________________
Jhaila R. Brown
(Signatures Continued on Following Pages)
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CITY OF INDIO, a California municipal
corporation
Date:__________________ _________________________
Mayor Lupe Ramos Watson
ATTEST:
By: __________________________
Cynthia Hernandez, CMC
City Clerk
APPROVED AS TO FORM:
By: _________________________
Roxanne Diaz
City Attorney
(Signatures Continued on Following Pages)
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Date:__________________________
ATTEST:
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(Signatures Continued on Following Page)
CITY OF LA QUINTA,
a California municipal corporation
Linda Evans, Mayor
City of La Quinta, CA
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Date:_________________________
ATTEST:
_________________________________
ANGELA M. ZEPEDA, City Clerk
City of Coachella, California
CITY OF COACHELLA,
a California municipal corporation
Steven Hernandez, Mayor
City of Coachella, CA
APPROVED AS TO FORM:
__________________________________
CARLOS CAMPOS, City Attorney
City of Coachella, California
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EXHIBIT A
GOALS AND MEASURED OUTCOMES
(behind this page)
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: AUTHORIZE ACQUISITION OF NEW MOTORCYCLE FOR USE BY THE LA
QUINTA POLICE DEPARTMENT’S TRAFFIC SERVICES TEAM
RECOMMENDATION
Authorize acquisition of a new motorcycle to be used by the Traffic Service Team.
EXECUTIVE SUMMARY
• The Police Traffic Service Team consists of four motorcycle officers and provides
traffic enforcement, emergency response support, and motorist education.
• Police motorcycles have a useful lifespan of approximately 5 years or 50,000 miles
and four have exceeded this threshold.
• The City is replacing cycles that have the highest mileage and repair costs.
FISCAL IMPACT
This acquisition will cost $28,331 (Attachment 1). The 2015/16 Operating Budget includes
$50,000 in the Equipment Replacement Fund; annual operating costs are funded from the
Police Department Budget.
BACKGROUND/ANALYSIS
Per the police services agreement, the City contracts for four motor officers for traffic
enforcement; this is an additional service beyond the base patrol services. These four
motorcycles are City, not County, property and the City is responsible for maintenance
and replacement. Police motorcycles have a useful lifespan of approximately 5 years or
50,000 miles and all four exceed this threshold. This purchase replaces a 2009 Honda
with 63,633 miles. The new motorcycle will be procured through the County’s vendor to
ensure it meets all Police Department requirements.
ALTERNATIVES
This purchase reduces maintenance costs; staff does not recommend an alternative.
Prepared by: Martha Mendez, Business Analyst
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. Motorcycle Quote
CONSENT CALENDAR ITEM NO.
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDING FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS; APPROVE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE; AND ADVERTISE
THE MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS
PROJECT FOR BID
RECOMMENDATION
Appropriate $310,485 from Community Development Block Grant funds; approve the
plans, specifications, and engineer’s estimate; and authorize staff to advertise the
Miscellaneous Parks Americans with Disabilities Act Improvements project for bid.
EXECUTIVE SUMMARY
The Miscellaneous Parks Americans with Disabilities Act (“ADA”) Improvements
project involves seven City parks and the La Quinta Museum (Attachment 1). The
work involves installing ADA-compliant site furnishings.
This project will be funded with Quimby funds, augmented with Community Block
Grant (“CDBG”) funds.
FISCAL IMPACT
The current total project budget is $204,844 from Quimby funding as approved in the
Fiscal Year 2013/14 and 2014/15 Capital Improvement Program. The City is approved to
receive $310,485 in CDBG funding. The anticipated budget is as follows:
Project Total Quimby Funds CDBG Funds
Design/Professional:$55,110 $55,110 -
Inspection/Testing/Survey: $30,272 $30,272 -
Construction: $310,485 - $310,485
City Administration: $15,524 $15,524 -
Contingency (10% of Whole): $103,938 $103,938 -
Total Budget: $515,329 $204,844 $310,485
BACKGROUND/ANALYSIS
In 2011, the City conducted an ADA accessibility self-evaluation of its public facilities, and
commissioned an accessibility survey prepared by Disability Access Consultants. This
survey identified the need for certain ADA improvements at many of the City’s public
facilities. To date, the City has completed ADA improvements at La Quinta Park, Civic
CONSENT CALENDAR ITEM NO.
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Center Campus, La Quinta Library, SilverRock parking lot, the Museum, the YMCA, and the
Sports Complex.
Over the last two years, the City has requested funding from Riverside County for CDBG
funds to help cover costs for bringing the remaining parks and facilities into ADA
compliance. The County has approved funding totaling $310,485, which can only be used
for construction of improvements to increase public facility accessibility; these funds must
be expended by March 31, 2016. The City is not obligated to do any other activities nor do
they obligate the City to assume future responsibilities other than prudently expend these
funds to install the intended improvements.
Staff recommends the funds be used to expand the scope for Miscellaneous Parks ADA
Improvements (Project No. 2013-02) to include seven City parks: Velasco, Eisenhower,
Adams, Desert Pride, Saguaro, Seasons and Fritz Burns Parks as well as the La Quinta
Museum. The work at the first six parks includes installing compliant benches, removing
and replacing drinking fountains, and reconstructing handrails. The work at Fritz Burns
Park includes reconfiguring the existing ADA parking stalls, curb ramps, and sidewalks.
The sidewalk work involves removal and reconstruction of curb, gutter, asphalt, and
concrete; installing corresponding signing and striping; installing wheel stops; modifying
non-ADA compliant cross slopes; and installing truncated domes. The work at the La
Quinta Museum includes reconstructing parking lot parking stalls, reconstructing a curb
ramp, and signing and striping.
The plans, specifications, and engineer’s estimate are now complete and available for
review in the Public Works Department. Contingent upon City Council’s approval, the
following is the proposed schedule:
City Council Bid Authorization November 3, 2015
Bid Period November 5 – December 3, 2015
Council Considers Project Award
Execute Contract and Mobilize
Construction (45 Working Days)
December 15, 2015
December 16, 2015 – January 11, 2016
January 11 – March 14, 2016
Accept Improvements March 2016
ALTERNATIVES
Since this project is largely funded with CDBG funds that have restricted use and must be
expended by March 31, 2016, no alternative action is recommended.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachment: 1. Location Map
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ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: AUTHORIZE CITY MANAGER TO SUBMIT APPLICATION TO COACHELLA
VALLEY MOUNTAINS CONSERVANCY FOR PROPOSITION 1 GRANT PROGRAM AND ACCEPT
FUNDS
RECOMMENDATION
Authorize City Manager to submit application to Coachella Valley Mountains Conservancy
for Proposition 1 Grant Program and accept funds.
EXECUTIVE SUMMARY
• Coachella Valley Mountains Conservancy (“CVMC”), the regional grant
administrator for Proposition 1 funding, released a Notice of Funds Availability
(“NOFA”) of $2.5 Million for 2015/16.
• Proposition 1 provides funding for water quality, supply and infrastructure to
California communities.
• Turf conversion projects were identified as a part of the City’s 2015/16 Capital
Improvement Program in response to the recent drought conservation efforts.
• The City is requesting $716,187 (the eligible maximum available) which, if
awarded, would offset the City’s 2015/16 Capital Improvement Program Budget.
FISCAL IMPACT
If awarded, the City would receive up to $716,187.
BACKGROUND/ANALYSIS
In May 2015, the CVMC released a NOFA for Proposition 1 grant funding in the amount of
$2.5 Million for 2015/16. These funds were made available through the California Water
Quality, Supply, and Infrastructure Improvement Act of 2014. Grant funding is made
available for specific projects that improve existing infrastructure and/or create greater
water conservation efficiencies throughout the state. The CVMC will meet in January and
March 2016 to consider and announce approved grant applications for 2015/16.
As part of the City’s approved 2015/16 Budget, long-term water efficiency measures were
approved and include: a) Fritz Burns Park Parkway Turf Conversion, b) Fire Station No. 70
Turf Conversion, c) Civic Center Campus Parkway Turf Conversion, and d) Madison Street
Median Landscape Conversion. CVMC has determined that grant monies may be applied
toward engineering and construction costs with a maximum 50/50 match. CVMC’s Board
will consider each project and may award less than the 50/50 match based upon their
established criteria, scope of competing projects, and available funding.
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The City’s four projects were packaged into one application and include engineering
($217,623) and construction ($1,314,751) costs totaling $1,532,374. Additionally, the City
may potentially utilize up to $50,000 from the Coachella Valley Water District to
supplement turf conversion projects.
The projects account for an estimated cost of $2,247,000 that meets eligibility
requirements for the grant. With the maximum allocation from the water district, and a
full Proposition 1 grant award, the City’s total project cost would be reduced from
$2,247,000 to an estimated $1,480,813.
ALTERNATIVES
As this grant opportunity provides the City with the ability to defray General Fund cost for
capital improvements, staff does not recommend an alternative.
Report prepared by: Ted Shove, Business Analyst
Report approved by: Frank J. Spevacek, City Manager
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TO: Madam Mayor and Members of the City Council
FROM: Ted Shove, Business Analyst
DATE: November 2, 2015
SUBJECT: November 3, 2015 City Council Meeting
Consent Item No. 6 Additional Document
In error, a Resolution was not included in the agenda packet (Consent Item
6). Please see attached for your consideration.
Attachment
2
3
4
City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: INTRODUCE ORDINANCE AMENDING SEVERAL CHAPTERS OF TITLE 10 OF
THE MUNICIPAL CODE RELATING TO ANIMALS
RECOMMENDATION
A. Move to take up Ordinance No. 530 by title and number only and waive further
reading.
B. Move to introduce at first reading, Ordinance No. 530 amending several chapters of
Municipal Code Title 10 relating to animals.
EXECUTIVE SUMMARY
• At the September 15, 2015 meeting, Council reviewed and discussed proposed
updates to Title 10 and, following public comment, directed staff to consider further
revisions specific to dog bites and impoundment requirements. Council also directed
staff to prohibit backyard breeding.
• These revisions were incorporated, along with updates, in the attached redlined
document (Attachment 1).
FISCAL IMPACT - -- None.
BACKGROUND/ANALYSIS
Six of the seven chapters of Title 10 of the Municipal Code are addressed in this report. No
updates were required to chapter 10.12 as it pertains to animal control officers. The
following summarizes the significant changes to each chapter:
CHAPTER 10.04 DEFINITIONS
The amendments within this chapter include newly added or clarified definitions, the key
changes are:
• ‘‘Attack’’ has been added and defined.
• ‘‘Biting Animal and Bite Levels’’ has been added to define bite and bite levels.
• ‘‘Confinement of dangerous and/or vicious animals’’ definition has been moved
from Chapter 10.20.090 and renamed.
• ‘‘Service Animal’’ has been amended to mirror state law by including mental
disabilities as a disability that may use the assistance of a service animal.
• ‘‘Backyard Breeding’’ has been added and defined.
• ‘‘Vicious and/or dangerous animal’’ has been amended to include animals that
attack other animals without provocation.
BUSINESS SESSION ITEM NO.
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CHAPTER 10.08 DOG LICENSES
The amendments in this chapter update the license application requirements to reflect
the mandatory microchipping of all dogs, a requirement added to chapter 10.24.
CHAPTER 10.16 BITING
Chapter 10.16 has been updated in response to the public comment and Council
direction. New language has been added linking the offenses to the newly created bite
levels in Chapter 10.04 that allow for a citation to be issued for a Level 1 bite to the biting
dog owner when the dog bites another animal. The proposed amendments and language
improves the management of animals that may be a threat to other animals and public
safety.
CHAPTER 10.20 IMPOUNDMENT
This chapter has been updated to strengthen the code relating to the control and
impoundment of dangerous and/or vicious animals.
The key changes are:
• A mandatory administrative hearing will be required.
• Notice of the administrative hearing will be sent to the person and/or the owners of
the animal(s) attacked or bitten in addition to the biting dog owner.
• The required mandatory administrative hearing may be waived if both the owner of
the biting animal and the person and/or the owner of the animal(s) attacked or bitten
waive their rights in writing. Increased insurance requirements for dangerous and/or
vicious animals.
• Any animal declared dangerous and/or vicious, with imposed conditions, will be
required to attend a City-approved obedience training course at the owner’s expense.
• The owner of any animal declared dangerous and/or vicious, with imposed
conditions, will be required to pay an annual supplemental license fee to assist with
record maintenance and inspection costs.
A provision was initially added to this chapter allowing for an animal owner to file a
petition requesting removal of the ‘‘dangerous and/or vicious’’ designation after a 36-
month period if no additional incidents had taken place. After further review, this
provision has been removed and prior language will be retained stating that once an
animal has been found to be vicious and/or dangerous, the finding shall remain in effect
for the remainder of the life of the animal.
CHAPTER 10.24 ANIMAL KEEPING
This chapter has been amended to include new subsections requiring mandatory
microchipping of dogs and a ban on backyard breeding.
The mandatory microchipping of dogs is relatively nominal in expense (County Animal
Shelter charges $20) yet substantially increases the probability of a dog owner reclaiming
his/her impounded dog. Microchipping would be required prior to obtaining a dog license.
Two other cities in the Coachella Valley currently require mandatory microchipping.
The ban on backyard breeding will prohibit the selling, transferring, or giving away of all or
part of two or more litters or eight or more dogs during a 12-month period in a
residentially zoned area. The primary concern is that backyard breeders harbor animals
in relatively inhumane conditions that could potentially cause the animals to have
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behavior and/or health conditions. A prohibition may also reduce the overpopulation of
unwanted animals in animal shelters.
CHAPTER 10.28 OFFENSES
This chapter has been updated to reflect the contractual relationship with the Riverside
County Animal Shelter.
ALTERNATIVES
Council may direct staff to make additional/different amendments and/or amend only
certain sections of these chapters of the Code.
Prepared by: Anthony Moreno, Code Compliance/Animal Control Supervisor
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. Title 10 Tracked Changes
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 10 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, Title 10 of the Municipal Code contains the chapters that address
animals;
WHEREAS, a comprehensive review of Title 10 was undertaken to examine
each chapter for accuracy, relevance, streamlining, and language.
WHEREAS, amendments to several chapters of Title 10 are needed as a result
of the comprehensive review to update the Municipal Code,
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 10.04 DEFINITIONS shall be amended as written in Exhibit A
attached hereto.
SECTION 2. CHAPTER 10.08 DOG LICENSES shall be amended as written in Exhibit A
attached hereto.
SECTION 3. CHAPTER 10.16 BITING shall be amended as written in Exhibit A
attached hereto.
SECTION 4. CHAPTER 10.20 IMPOUNDMENT shall be amended as written in Exhibit A
attached hereto.
SECTION 5. CHAPTER 10.24 ANIMAL KEEPING shall be amended as written in Exhibit
A attached hereto.
SECTION 6. CHAPTER 10.28 OFFENSES shall be amended as written in Exhibit A
attached hereto.
SECTION 7. 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 8. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
days after its adoption.
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 2
SECTION 9. 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 3rd day of November, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_____________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 3
CHAPTER 10.04 DEFINITIONS
10.04.010 Definitions generally.
For the purposes of this title, unless it is plainly evident from the context that a
different meaning is intended, the terms used in this title shall have the following
meanings. (Ord. 415 § 1, 2005)
10.04.020 Animals.
“Animal” means all domestic animals, wild animals, livestock, poultry, or any other
animal. (Ord. 415 § 1, 2005)
10.04.030 Animal control officer—Health officer.
A. “Animal control officer” means all persons designated by the city as an animal
control officer or such other person(s) designated by the city as deputies or as the
animal control officer has designated to perform the duties of the position, or such
person with whom the city has contracted to perform such duties, or such person who
is otherwise obligated by law to perform such duties
B. “Health officer” means the health officer of the city or county or such person or
persons as are duly authorized by law to perform local health officer duties within the
city. (Ord. 415 § 1, 2005)
10.04.040 Dog.
“Dog” means any member of the canine family. (Ord. 415 § 1, 2005)
10.04.050 Owner.
“Owner” means any person who is the legal owner, keeper, harborer, possessor or the
actual custodian of any animal. Ownership is established by a person registering as
the owner on a license or other legal document, (b) by a person claiming ownership
and taking possession of an animal, or by being in possession of an animal for thirty
days or more. If more than one person claims ownership of an animal, the person who
is identified on the license as the owner of the animal shall be considered the owner.
If more than one person is identified on the license as owner or if the animal is not
licensed, the presumption will be that the animal belongs to the occupant of the
residence where the dog resides the majority of the time unless proven otherwise.
(Ord. 415 § 1, 2005)
10.04.060 Unlicensed dog.
“Unlicensed dog” means any dog for which the license required under this title for the
current licensing year has not been issued, including circumstances where a license is
not issued for failure to pay the license fee, i.e., has not been purchased or has expired
without renewal fee having been timely paid, or to which the tag for the current year
provided for in this title is not attached. (Ord. 415 § 1, 2005)
EXHIBIT A
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 4
10.04.065 Attack.
“Attack” by an animal means an animal that charges or pursues a person or other
animal and causes injury due to a bite, fall, strain or other documented injury.
10.04.066 Biting animal and bite levels defined.
For purposes of this title, an animal bite shall be considered to have occurred when
any animal’s mouth makes teeth contact on a victim and punctures the skin.
Level 1 Bite: one to four punctures from a single bite, and may also have lacerations
and bruising around the wound.
Level 2 Bite: multiple-bite or multiple-attack incident or an attack resulting in the
death of the victim.
10.04.070 Vicious and/or dangerous animal.
A. The term “vicious animal” or “dangerous animal” means an animal which:
1. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack or bite human
beings or another animal without provocation; or
2. Has twice within a thirty-six month period bitten, attacked, or shown the
disposition, tendency, or propensity to attack, bite, or otherwise cause injury or
attempt to cause injury to a person or another animal, engaged in lawful activity; or
3. Has once attacked or bitten a person engaged in lawful activity, causing death
or substantial injury; or
4. Has been determined by a doctor of veterinary medicine, after observation
thereof, as posing a danger to humans or domestic animals if not confined to an
enclosed area or muzzled; or
5. Has been trained for fighting or as an attack animal, except such animals which
are employed by a government agency as provided in section 10.04.070 (B) below.
6. Has been classified as dangerous, potentially dangerous or vicious by any other
local, county, or state agency; or
7. When unprovoked, has on two separate occasions within the prior thirty-six
month period engaged in any behavior that required a defensive action by any person
to prevent bodily injury to himself/herself, another person or animal; or
8. Has been outfitted with a training device for fighting or attack, such as a
weighted collar around the neck of the animal, or found to be allowed to hang
suspended from an object by biting into and holding onto the object with its
jaws, shall be presumed to be an animal trained as a fighting or attack animal; or
9. Of a species, breed, or kind (excluding dogs and cats), which in its wild or
untamed condition is capable of and, if aroused, is likely to cause death or substantial
injury to a human being or domestic pet or which would cause serious fear or alarm to
the average person if seen wandering at large in an inhabited community; or
10. That meets the definition of “vicious animal” or “dangerous animal” contained in
California Food and Agriculture Code sections 31603 and 31604.
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 5
B. The terms “vicious animal’ and/or “dangerous animal” shall not apply to animals
owned and used by a government entity, including, but not limited to, public entities’
guard dogs or sentry dogs, as defined by section 10.04.150 of this chapter. (Ord. 415 §
1, 2005)
10.04.075 Confinement of dangerous and/or vicious animals.
“Confinement” of a dangerous and/or vicious animal means the animal is securely
confined indoors or confined in a securely enclosed and locked pen or a run area upon
the owner’s premises. Such pen or run area must also have secure sides six feet high
and a secure attached top. If the pen or structure has no bottom secured to the sides,
the sides must be imbedded into the ground or concrete. Such sides shall be
imbedded into the ground no less than one foot deep. If concrete is used, such sides
shall be imbedded no less than two inches into the ground. The pen or run area shall
be of adequate floor size as to allow the animal to be able to move around and obtain
adequate exercise. All gates and door openings of such enclosures shall be equipped
with a self-closing and self-latching device designed to keep, and capable of keeping,
the door or gate securely closed at all times when not in actual use. Such latching
device must be located not less than five feet above the ground.
10.04.080 Wild animal.
“Wild animal” means any animal not ordinarily and customarily domesticated, but of
a species, breed or kind which is wild by nature and not generally and commonly
propagated and raised by man or woman in this state for use as a household pet or
domestic or domesticated animal or which, because of its size, disposition, nature, or
other characteristics could constitute a danger to human life or property. The
definition of “wild animal” shall include feral animals. (Ord. 415 § 1, 2005)
10.04.090 Livestock.
“Livestock” means any animal commonly considered a “barnyard” animal or animals
raised for food production, including, but not limited to horses, cattle, sheep, goats,
hogs, pigs, rabbits, alpacas, llamas, emus, and ostriches. (Ord. 415 § 1, 2005)
10.04.100 Poultry.
“Poultry” means fowl, including, but not limited to, chickens, turkeys, ducks, geese,
guinea poultry, pigeons, peacocks, pheasants or any other large domestic or tame
birds. (Ord. 415 § 1, 2005)
10.04.110 At large.
“At large” means an animal off the property of its owner without consent of the owner
of the property where the animal is found not under restraint by leash or chain. (Ord.
415 § 1, 2005)
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 6
10.04.120 Substantial injury.
“Substantial injury” means any physical injury that results in a broken bone, a muscle
tear, skin laceration or puncture wound. (Ord. 415 § 1, 2005)
10.04.130 Service Animal.
A “service animal” means any animal that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability.
10.04.140 Cattery.
“Cattery” means any residence, structure, or premises, whether indoors or outdoors,
which houses, contains, maintains or provides shelter or sustenance for five or more
cats of four months old or older. (Ord. 415 § 1, 2005)
10.04.150 Guard dog.
“Guard dog” means a working dog, utilized to protect a commercial business, and
allowed to work without supervision on fenced premises to guard against trespass by
attacking or threatening to attack persons found within the enclosure patrolled by
such dog, and trained to resist leaving the protected premises without the presence
of its handler or owner. For the purposes of the ordinance codified in this title, a
“guard dog” shall be considered a dangerous animal. “Guard dog” shall also mean
“sentry dog.” (Ord. 415 § 1, 2005)
10.04.160 Backyard breeding.
“Backyard breeding” is the selling, transferring or giving away of all or part of 2 or
more litters, or 8 or more dogs during the preceding 12 months that were bred and
reared on a residentially zoned property.
CHAPTER 10.08 DOG LICENSES
10.08.010 License required.
No person within the city owning, possessing, controlling, harboring or keeping any
dog over four months of age shall fail, refuse or neglect to procure a dog license tag
for such dog from the city manager or his/her authorized agent. No license issued
pursuant to this title shall be transferable. Within thirty days of transfer of dog
ownership, the new person claiming ownership of said dog shall complete a new
application for a dog license and shall procure a new license and tag providing
required information as set forth in section 10.08.050. A rabies tag issued by a
veterinarian shall not be considered a city of La Quinta dog license. (Ord. 415 § 1,
2005)
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 7
10.08.020 Exemptions.
A dog license tag is not required for any dog found within the city under any of the
following conditions:
A. When the dog is owned by, or in the care of, any person who is a nonresident or
who is traveling through the city, or who is temporarily sojourning therein, provided
the dog is kept within the city for less than thirty consecutive days and less than a
total of sixty days in any given year; or
B. When the dog has a valid license from either the county of Riverside or another
city within the county. This exemption shall be available for a maximum period not
exceeding one month for any given dog. (Ord. 415 § 1, 2005)
10.08.030 Term.
The effective period of each dog license issued shall be not more than three years and,
in no case, shall be valid for a period of time longer than the term of immunization
specified by the veterinarian performing the dog’s rabies vaccination. (Ord. 415 § 1,
2005)
10.08.040 Fees.
A. The fee for a dog license shall equal an amount fixed from time to time by
resolution of the city council; provided, that in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county.
B. No fee shall be required for a license for a service animal if such animal is in the
possession and under the control of individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. (Ord. 415 § 1, 2005) A
certification that the dog serves as an official service animal must be provided.
10.08.050 Application.
The owner shall state at the time application for licensing is made, and upon standard
printed forms of applications provided for such purpose, the following information and
documentation for each dog:
A. Name, address, telephone number, and email address of owner;
B. Address where dog is kept;
C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of
the dog;
D. Proof of Microchip by written statement of a California Licensed Veterinarian
and microchip number.
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Ordinance No.
Amendment to Title 10 Animals
Adopted: November 3, 2015
Page 8
10.08.060 Anti-rabies vaccination required with application.
As a condition for the issuance of a license a certificate issued by a veterinarian
certifying that the dog to be licensed has been administered an anti-rabies
vaccination approved for use in the state of California by the California Department of
Health Services, and has received an anti-rabies vaccination sufficient to immunize
the dog against rabies for the period of the applied for license. (Ord. 415 § 1, 2005)
10.08.070 Issuance of tags and certificates.
A metallic tag and license certificate with corresponding number shall be furnished by
the licensing authority upon payment of the appropriate fee prescribed by section
10.08.040 of this chapter and upon satisfaction of all conditions stated in this chapter
for licensing. (Ord. 415 § 1, 2005)
10.08.080 Tag—to be worn at all times.
The licensing authority shall keep a record of the owner or person making payment of
the license fee and to whom a certificate and tag has been issued, including the
number and date of the certificate and the tag. The metal tag issued shall be securely
fixed to a collar, harness, or other device to be worn at all times by the dog for which
the registration is issued. (Ord. 415 § 1, 2005)
10.08.090 Tag and certificate—show upon demand.
No person shall fail or refuse to state his or her true name and residence address upon
demand of an animal control officer or any law enforcement officer, or to show upon
demand of an animal control officer or any law enforcement officer, the license
certificate and the tag for any duly registered dog kept or remaining within any home
or upon any enclosed premises under his or her immediate control. (Ord. 415 § 1,
2005)
10.08.100 Tag—Removal prohibited.
No one other than animal control personnel shall remove any dog collar, harness, or
other device to which is attached a registration tag for the current license year, or
remove the tag there from. (Ord. 415 § 1, 2005)
10.08.110 Tag—Replacement.
If the dog license tag is lost or destroyed, the owner shall immediately procure a
duplicate license tag from the licensing authority, for which a fee of one-half the
license fee set forth in section 10.08.040 of this chapter shall be charged. (Ord. 415 §
1, 2005)
10.08.120 Tag—Altering, counterfeiting or switching.
A. It shall be unlawful to alter, falsify or counterfeit a rabies vaccination certificate,
dog license certificate or dog license tag. No tag may be altered by anyone other than
the licensing authority or a duly appointed representative. No person shall make use
of or have in his or her possession or under his or her control a stolen, counterfeit or
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forged dog license receipt, dog license tag, rabies vaccination receipt or other form
issued in accordance with this chapter.
B. It shall be a violation of this section to attach a city dog license to the collar,
harness, or other device of a dog for which the license has not been issued. (Ord. 415 §
1, 2005)
CHAPTER 10.16 BITING
10.16.010 Biting animals and rabid animals —Quarantine orders.
Whenever it is shown that any animal has bitten any person or animal, or exhibits
evidence of rabies, no owner or person having custody or possession thereof, upon
order of the animal control officer or of the county health officer (or any other person
exercising the duties of health officer for the city) or their deputies, shall fail, refuse, or
neglect to quarantine the animal and keep it tied up or confined for a minimum period
of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the
health officer or their deputies to make an inspection or examination thereof at any
time during such period. No such animal shall be removed or released during the
quarantine period without the written permission of the animal control officer or the
health officer or their deputies. Unless otherwise specified by the animal control
officer or the health officer, the animals shall be confined in a pound or shelter or a
veterinary hospital at owner’s expense. All provisions found in Section 10.16.040 shall
pertain to this section. (Ord. 415 § 1, 2005)
10.16.020 Animals dying while under quarantine.
The head of an animal that has died while under isolation in quarantine shall be
submitted to the laboratory of the county health department for examination for
rabies. No liability shall incur to the city or any of its employees or agents for violation
of this section. (Ord. 415 § 1, 2005)
10.16.030 Knowledge of bite—Duty to report.
Whenever any person owning or having charge, care, control, custody or possession of
any animal has knowledge that the animal has bitten any person or animal, the
person owning or having charge, care, control, custody, or possession of the animal
shall report the fact forthwith to the animal control department. The report shall
state the name and address of the person or animal bitten, the time and place of
occurrence, and any other information so requested by an animal control officer. (Ord.
415 § 1, 2005)
10.16.040 Bitten animals—When to be quarantined.
A. Whenever any animal is bitten by another animal having or suspected of having
rabies, or a bitten animal shows any symptoms of rabies, the owner or person having
possession of the bitten animal shall immediately notify an animal control officer or
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the health officer and confine the animal, away from other animals, until it is
established to the satisfaction of the animal control officer or the health officer that it
does not have rabies. The animal control officer shall inspect the animal at the
beginning of quarantine and at the end of quarantine prior to release.
B. If the animal control officer determines that exigent circumstances exist that
require swift action to save life, property or evidence of unlawful action, the animal
control officer shall have the authority to enter onto any private property where the
animal is kept or where it has strayed, to inspect and, if necessary, to seize and
impound any animal suspected of being rabid.
C. The period of quarantine shall be not less than ten days for dogs or cats and not
less than fourteen days for other animals. The animal control officer shall have the
authority to quarantine any such animal at the owner’s residence, or impound the
animal at the owner’s expense. Any animal found to be in violation of home
quarantine order may be impounded and placed on quarantine at the animal shelter if
the owner or person having control thereof fails to confine the animal or in case the
owner or person having possession thereof is not readily accessible. (Ord. 415 § 1,
2005)
10.16.050 Disposition of animals appearing to have rabies.
A. If upon observation the animal control officer or the health officer determines that
any animal has rabies, s/he may after providing notice to the owner, if known,
humanely euthanize the animal forthwith, or hold the animal for further examination
for such time as s/he may consider advisable.
B. Unless otherwise authorized by state or federal law, no person other than the
animal control officer or a peace officer shall kill or cause to be killed any rabid animal,
any animal suspected of having been exposed to rabies, or any animal biting any
person or another animal, unless that person kills the animal in self-defense or in the
defense of others. No person shall remove a rabid animal or animal suspected of
having been exposed to rabies from the city without written permission from the
animal control officer. This section shall not apply to a veterinarian or his/her
assistant(s) preparing an animal suspected of rabies for an FRA rabies test. Results of
such tests shall be reported to the animal control department by the veterinarian or
his/her assistant(s). (Ord. 415 § 1, 2005)
10.16.060 Rabies epidemics—Authority of health officer.
Whenever the county health officer (or any other person exercising the duties of
health officer for the city) determines that an epidemic of rabies exists or is
threatened, s/he shall have the authority to take such measures as may be reasonably
necessary to prevent the spread of the disease, including the declaration of a
quarantine for a period of not more than one hundred twenty (120) days against any
or all animals in any area of the city as s/he may determine and define. An additional
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or extended quarantine period may also be declared if it is deemed necessary by the
health officer for the protection and preservation of the public health, peace, and
safety. Subject to any restriction set out in this section, quarantine declared under the
provisions of this section shall be upon conditions that the health officer determines
and declares to be appropriate, consistent with state and federal law. (Ord. 415 § 1,
2005)
10.16.070 Quarantine of a dog used by law enforcement.
Notwithstanding any other provision of this title, a dog used by any state, special
district, federal, county, city, or city and county law enforcement agency shall not be
quarantined after biting any person or another animal if such bite occurred while the
dog was being used for any law enforcement purpose. The law enforcement agency
shall notify the animal control department within its jurisdiction if the dog exhibits any
abnormal behavior and make the dog available to the department at any reasonable
time. (Ord. 415 § 1, 2005)
10.16.080 Use of an animal as a threat or weapon.
It shall be unlawful for any owner of any animal to cause such animal to attack,
threaten to attack or pursue another person engaged in any lawful activity. (Ord. 415 §
1, 2005)
10.16.090 Dangerous and/or vicious animals unlawful.
A. A bite will not be subject to this section if: (1) the person bitten was provoking the
animal at the time of the bite; (2) the person bitten was engaged in an unlawful
activity at the time of the bite; or (3) the person bitten is performing services at a
veterinary facility at the time of the bite For the purposes of this section, the records of
animal bites kept by the city shall be deemed official records and shall establish a
rebuttal presumption of the number of bites recorded against a particular animal.
B. Attack or Level 1 Bite. If an animal is believed to be dangerous and/or vicious as a
result of an attack or Level 1 bite, as defined by this Code, then in addition to any
requirement imposed following a hearing pursuant to Chapter 10.20 of this Code, the
owner of said animal (1) shall be issued a citation for an infraction; (2) shall
quarantine the animal in accordance with section 10.16.010 of this code; (3) shall
have the animal be subject to control and impoundment pursuant to section
10.20.090 of this code.
C. Level 2 Bite. If an animal is believed to be dangerous and/or vicious as a result of a
Level 2 bite, the animal shall be impounded and confined in a shelter at the owner’s
expense until the latter of (a) issuance of an administrative order following a hearing
held pursuant to Section 10.20.090, or (b) conclusion of judicial review by the Superior
Courts of California, County of Riverside, if any. At the administrative hearing held
pursuant to Section 10.20.090, the animal control department shall recommend to
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the hearing officer that the animal be humanely euthanized in the interest of public
safety.
D. Dangerous and/or vicious animals at large. The owner of any animal which has
bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or
otherwise cause injury or attempt to cause injury to a person or another animal
engaged in lawful activity who causes or allows such animal to be at large shall be
guilty of a misdemeanor (Ord. 482 § 2, 2010; Ord. 415 § 1, 2005)
CHAPTER 10.20 IMPOUNDMENT
10.20.010 Impounding of animals.
It shall be the function and within the power of the animal control officer to pick up,
impound, and safely keep any of the animals mentioned in this title found running at
large, staked, tied, or being herded or pastured in any street, lane, alley, court, square,
park, or other place belonging to or under the control of the city, or upon any private
property, which is acting in a manner that is contrary to the provisions of this title or to
the right of the public. (Ord. 415 § 1, 2005)
10.20.020 Notification of owner.
The animal control officer shall immediately upon impoundment of animals make
reasonable effort to notify the owners of the animals impounded, and inform the
owners of the procedures, if applicable, to regain custody of the animals. If an
impounded dog has a valid license, the owner shall be notified pursuant to Section
1.01.300 of this code.. (Ord. 415 § 1, 2005)
10.20.030 Disposition of unclaimed animals.
A. All animals impounded at the city shelter or city-contracted shelter shall be
provided with proper and sufficient food and water. Unless unlicensed animals have
been claimed within five days after being impounded, or licensed dogs within ten days
after the notification provided for in Section 10.20.020, they may be sold by the animal
control officer or shelter operator to a person offering to pay a cash amount set by the
animal control officer or shelter operator; provided, that the purchaser shall not be
given possession of any dog until s/he has paid to the animal control officer or shelter
operator the license fee for the dog and until s/he has made appropriate
arrangements for any necessary rabies vaccination.
B. If any animal impounded by the animal control officer has not been claimed within
the period stated in this section and cannot be sold within a reasonable time
thereafter, it may be humanely euthanized by the shelter operator or animal control
officer. In lieu of euthanization, animals may be released without charge to any
humane organization that provides an animal adoption service.
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C. The animal control officer shall maintain a file describing each animal impounded
in the city shelter or city-contracted shelter beginning on the day any such animal is
taken or delivered into the possession of the shelter. No animal found which, in the
opinion of the animal control officer, constitutes a threat to the public welfare shall be
adopted or released to any person who is not the owner of the animal. (Ord. 415 § 1,
2005)
10.20.040 Humane euthanization of animals dangerous to impound.
After providing notice to the owner, if known, a shelter operator is authorized to
humanely euthanize any animal lawfully impounded which the shelter operator
determines due to disease or other cause poses an imminent danger to persons or
other animals so that impoundment of the animal would cause serious threat to
others or would be inhumane to the animal. Nothing in this title shall be construed to
prevent an animal control officer or shelter operator from taking whatever action is
reasonably necessary to protect his/her person or other members of the public from
injury or damage, including immediate destruction of any vicious or dangerous animal
without notice to the owner or custodian. (Ord. 415 § 1, 2005)
10.20.050 Reclaiming animals.
The owner of any licensed impounded animal shall have the right to reclaim it at any
time prior to the lawful disposition thereof, upon payment to the shelter operator or
an animal control officer of the costs and charges provided in this title for impounding
and keeping such animals.
Any person claiming ownership of any unlicensed impounded animal shall be required
to present proof of ownership satisfactory to the shelter operator or animal control
officer, and thereafter the animal may be released to the claimant upon his/her
making payment of all applicable costs, fees, and charges prescribed in this title
including, but not necessarily limited to, any veterinary fees incurred and upon his/her
making appropriate arrangements for any necessary rabies vaccination. (Ord. 415 § 1,
2005)
10.20.060 Owner’s right to redeem animal from purchaser.
The owner of any impounded animal may, at any time within thirty days after sale by
a shelter operator or an animal control officer, redeem the animal from the purchaser
by paying him/her an amount of money equaling each of the following, in the
aggregate: the purchase price paid to the shelter operator or an animal control officer;
any license fee paid and rabies vaccination costs incurred; and rates established by
Section 10.20.080 for daily care and feeding for the number of days starting from the
date of sale to and including the date of redemption by the owner. (Ord. 415 § 1,
2005)
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10.20.070 Owner’s liability to city when redeeming animal from purchaser.
In each case where the owner of an impounded animal redeems it from the
purchaser, irrespective of whether payment was made as prescribed in Section
10.20.060, the owner shall be liable for payment to the shelter operator or an animal
control officer for all fees prescribed pursuant to Section 10.20.080 for impounding
and for the daily care and feeding of the animal incurred during the impoundment,
deducting there from the sale price paid by the purchaser. The amount of the owner’s
liability under this section shall be deemed a debt to the city, and an action may be
commenced in the name of the city in any court of competent jurisdiction for the
amount of any such debt. (Ord. 415 § 1, 2005)
10.20.080 Impoundment fees.
Except in cases when disposition of an animal is made pursuant to Section 10.20.030
(Disposition of unclaimed animals), a shelter operator or an animal control officer
shall receive and collect fees for impoundment, care, and feeding of impounded
animals. The nature and amounts of such fees shall be as fixed from time to time by
resolution of the city council. In the absence of any such fee or fees having been so
established, a shelter operator or an animal control officer may collect and deposit in
the appropriate accounts provided for such purpose, a fee or fees in the amount or
amounts as is applicable for similar functions or services in the unincorporated areas
of the county. (Ord. 415 § 1, 2005)
10.20.090 Control and impoundment of dangerous and/or vicious animals.
A. No person owning or having the care or custody of a dangerous and/or vicious
animal shall permit such animal to go unconfined on the premises of such person.
The owner or custodian of an animal declared dangerous and/or vicious shall allow an
animal control officer or his/her deputies to inspect the confinement arrangement and
apparatus such pen or enclosure, as defined in section 10.04.075 of this code at any
reasonable hour to insure compliance with this section.
B. No person owning or harboring or having the care or custody of a dangerous
and/or vicious animal shall suffer or permit such animal to go beyond the premises of
such person unless the animal is securely muzzled and restrained with a chain having
a minimum tensile strength of three hundred pounds and not exceeding three feet in
length or, for animals under twenty pounds, on a chain as determined by the animal
control department to be adequate based on the animal’s size and strength. Such
animal shall be under the control of someone able to control and restrain the animal
and of eighteen years of age or more.
C. No person shall own or harbor any animal for the purpose of fighting any other
animal nor train, torment, badger, bait or use any animal for the purpose of causing or
encouraging said animal to unprovoked attacks on human beings or domestic
animals. Nor shall any person outfit any animal with a training device for fighting or
attack, such as a weighted collar around the neck of the animal. Nor shall any person
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allow an animal to hang suspended from an object by biting into and hanging onto
the object with its jaws.
D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt
to buy within the city any vicious or dangerous animal.
E. Any person owning or harboring or having the care of any dangerous and/or
vicious animal shall maintain a policy of insurance in an amount not less than three
hundred thousand dollars insuring said person against any claim, loss, damage, or
injury to persons, domestic animals, or property resulting from acts, whether
intentional or unintentional, of the dangerous and vicious animal. Such person shall
produce evidence of such insurance upon the request of an animal control officer.
F. Whenever an animal suspected of being dangerous and/or vicious is reported, an
animal control officer may investigate the circumstances, and if s/he finds that by
reason of the animal’s acts, propensities, or disposition, there is cause to believe it is a
dangerous and/or vicious animal, as defined in this title, s/he shall commence the
process of having the animal declared dangerous and/or vicious by providing written
notice, in accordance with Sections 1.01.300 and 1.09.110 of this code, to the owner
and the person and/or the owner of the animal that was attacked or bitten by the
dangerous and/or vicious animal.
The notice shall (1) inform the owner and the person and/or the owner of the animal
that was attacked or bitten by the dangerous and/or vicious animal of the general
facts and circumstances of the incident(s) that provide a basis for the city’s action, (2)
shall state that a mandatory administrative hearing will be held , and (3) shall
indicate that at the hearing, if the animal is declared dangerous and vicious, it would
result in the animal (a) being humanely euthanized in the interest of public safety, (b)
being required to be maintained as set forth in this section, or (c) a determination
that the animal is not dangerous and/or vicious. The notice shall also notify the owner
of the right to appeal and the time period for filing an appeal of the determination.
The mandatory hearing may be set aside if both the owner of the dangerous and/or
vicious animal, and the person(s) attacked or bitten and/or the owner of the animal(s)
attacked or bitten all waive their rights to an administrative hearing and accept the
animal control officer’s determination in writing and delivered such written
acceptance to the animal control department.
G. Ownership of an animal under investigation pursuant to this section shall not be
transferred to a new owner or caretaker during the process. Once an animal has been
found to be vicious and/or dangerous, this finding shall remain in effect for the
remainder of the life of the animal, and the ownership of the animal may not be
transferred. Animals without an owner found to constitute a threat to the public
welfare will be humanely euthanized in the interest of public safety. No ownership
rights can or shall be granted to a person other than the owner of such animals at the
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time of the determination. The owner of a dangerous and/or vicious animal must be
eighteen years old or older.
H. If, after the administrative hearing, it is determined that the animal is vicious
and/or dangerous, and the hearing officer determines that the animal does not need
to be humanely euthanized in the interest of public safety, the hearing officer shall
order the owner, and any person harboring or having care of the animal, to do all of
the following:
(1.) Keep the animal confined as provided in this section. If suitable restraints or
enclosures ordered by the hearing officer are not immediately available, or if
the owner or keeper of such animal fails or refuses to demonstrate that such
restraints or enclosures are available or suitable, or if restraint or confinement
is impracticable, the animal shall be impounded until the owner is able to
comply with the hearing officer’s order. For any such impoundment, the owner
shall be liable to the city for payment of fees as prescribed in Section 10.20.080,
and any animal not reclaimed within thirty calendar days after such
impoundment shall be deemed abandoned and unclaimed and shall be subject
to humane euthanization. .
(2.) Have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a California
licensed veterinarian or authorized representative. This procedure shall be
performed at the owner’s expense. The animal will be made available to the
animal control department at a reasonable time for scanning to verify the
procedure and document the identification number of the microchip.
(3.) Ensure the animal completes an obedience course at the owner’s sole expense.
The course must be approved in advance by the city and written proof of
completion must be submitted to the city within sixty (60) days of the owner
being notified of the dangerous and/or vicious animal declaration, or within
sixty (60) days of the animal being released to its owner, whichever is later.
(4.) Obtain and maintain the insurance required by this section, and pay a
supplemental license fee in an amount established by resolution of the city
council for the increased costs to the city of maintaining the records of the
animal and performing inspections to ensure compliance with all requirements
imposed.
(5.) Comply with any additional orders that the hearing officer determines are
necessary to assure that the public health, safety and welfare are maintained.
I. In cases where the animal is not impounded, and written notification of the
dangerous and/or vicious animal declaration has been given as herein provided, if an
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owner fails to provide adequate restraint or control of the animal as ordered by the
hearing officer within thirty (30) days, or if the owner thereafter at any time fails to
maintain the adequate restraint or control or comply with the orders of the hearing
officer, the owner shall be guilty of a misdemeanor, and the animal shall be
impounded and subject to humane euthanization. No animal found to be dangerous
and/or vicious or a threat to the public health and/or safety shall be placed up for
adoption to the public.
CHAPTER 10.24 ANIMAL KEEPING
10.24.010 Female dogs to be confined during breeding period.
No owner of an unspayed female dog shall fail, refuse or neglect during the breeding
period of the dog to confine it in such a manner which reduces, so far as is practicable
under the circumstances, the attraction of stray male dogs. (Ord. 415 § 1, 2005)
10.24.020 Wild animals to be confined.
No person owning any wild animal or operating any wild animal establishment, shall
fail, refuse or neglect to keep all wild animals under proper confinement on the
premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor
shall any such person maintain any wild or dangerous or vicious animal on or within
any premises in such a manner as to endanger the life or limb of any person or other
animal lawfully entering the premises. This section shall be read in connection with
the provisions of Sections 10.24.035 and 10.24.050 of this chapter. (Ord. 415 § 1, 2005)
10.24.030 Kennels subject to zoning and health regulations.
Any person maintaining any kennel or pet shop shall conform to the zoning
regulations of the city which are applicable thereto, as well as any applicable health
regulations, and shall allow the animal control department to make an inspection of
the premises at any reasonable hour. (Ord. 415 § 1, 2005)
10.24.035 Standard of care.
Every person within the city who owns any animal or who owns, conducts, manages or
operates any animal establishment shall comply with each of the following conditions:
A. Housing facilities for animals shall be structurally sound and shall be maintained in
good repair to protect the animals from injury, to contain the animals and restrict the
entrance of other animals.
B. All animals shall be supplied with sufficiently good and wholesome food and water
as often as the feeding habits of the respective animals require.
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C. All animals and all animal buildings or enclosures shall be maintained in a clean
and sanitary condition as per Section 10.24.070.
D. All animals shall be so maintained as to eliminate excessive noise as per Section
10.28.020.
E. Every reasonable precaution shall be used to ensure that animals are not teased,
abused, mistreated, annoyed, tormented or in any manner made to suffer by any
person or other means.
F. No condition shall be maintained or permitted that is or could be injurious to an
animal.
G. Animal buildings and enclosures shall be so constructed and maintained as to
prevent the escape of animals. All reasonable precautions shall be taken to protect
the public from animals and animals from the public.
H. Every precaution shall be made to isolate sick animals sufficiently so as not to
endanger the health of other animals or persons.
I. Every building or enclosure wherein animals are maintained shall be constructed
of material easily cleaned and shall be kept in a sanitary condition. The building shall
be properly ventilated to prevent drafts and to remove odors. Heating and cooling
shall be provided as required, according to the physical need of the animals, with
sufficient light to allow observation of animals and sanitation.
J. All animal rooms, cages, kennels and runs shall be of sufficient size to provide
adequate and proper accommodations for the animals kept therein.
K. Every animal owner shall provide their animals’ proper shelter and protection from
the weather at all times.
L. No person shall give an animal any alcoholic beverage or unlawful drug unless
prescribed by a veterinarian.
M. No person shall allow animals which are natural enemies, temperamentally
unsuited, or otherwise incompatible, to be quartered together or so near each other as
to cause injury, fear or torment for the animal. If two or more animals are trained to
be placed together and do not attack each other or perform or attempt to perform
any hostile act to the others, such animals shall be deemed not to be natural enemies.
N. No person shall allow the use of any tack, equipment, device, substance or material
that is, or could be, injurious or cause unnecessary cruelty to any animal.
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O. No person shall fail to give working animals proper rest periods. Confined or
restrained animals shall be given exercise proper for the individual animal under the
particular conditions.
P. No person shall work, use or rent any animal which is overheated, weakened,
exhausted, sick, injured, diseased, lame or otherwise unfit.
Q. No person shall allow any animal which an animal control officer has suspended
from use to be worked or used.
R. No person shall display for profit or otherwise any animals bearing evidence of
malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.
S. No person shall allow any animal to constitute or cause a hazard, or be a menace
to the health, peace or safety of the community. (Ord. 415 § 1, 2005)
10.24.040 Maximum number of dogs.
Except for licensed pet shops and kennels, no person shall own, keep or harbor, nor
shall the owner or occupant of any premises keep or permit on or in such premises
more than four dogs of four months of age or older. (Ord. 415 § 1, 2005)
10.24.045 Catteries.
It shall be unlawful to maintain catteries in the city of La Quinta. (Ord. 415 § 1, 2005)
10.24.050 Keeping wild, exotic and dangerous animals and reptiles.
A. No person shall own, keep, harbor or maintain on or in any premises within the city
any wild, exotic, or dangerous animal or reptile without written consent of the
animal control department or absent the proper applicable city, county, state
and/or federal permits. Denial of consent to keep a wild animal by the animal
control department may be appealed pursuant to chapter 2.08 of this code..
B. Subject to the city’s zoning ordinances, only those wild animals, poultry, reptiles
and exotic animals which are permitted by the laws of the state of California to be
possessed, and for which a permit has been obtained from the Department of Fish
and Game, which permit is current, shall be allowed within the city.
C. All wild animals, poultry, reptiles and exotic animals shall be registered with the
animal control department. As a condition to registration, an owner of an animal
must present a valid state permit to the animal control department. Application
and animal registration shall include, but not necessarily limited to, the following:
1. The applicant’s name, address, telephone number and, if different, the address
and telephone number of the proposed location where the animal is to be
maintained and the purpose for the keeping of such animals;
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2. A complete description and any identifying tattoos, microchips, brands, or
similar marking of the animal, including its species, name, sex, date of birth
and/or age;
3. Recent color photograph(s) of the animal;
4. A complete description of and plot plan showing the location and the facilities
to be used to insure the keeping of the animal in a safe, secure, and humane
manner;
5. Any information known by the applicant concerning vicious or dangerous
propensities of such animal;
6. Prior history of incidents affecting the public health or safety involving said
animal;
7. Noises and/or odors anticipated in keeping such animal;
8. Written assurance and any supporting instruments that the applicant is in
compliance with all applicable local, state, and federal laws and regulations
regarding such animal;
9. Any additional information required by the animal control department at the
time of filing such application or thereafter.
D. No permit will be granted under this section to a person who has been found guilty
of cruelty to animals.
E. An animal control officer may issue a city permit for a wild, exotic, and dangerous
animal, poultry or reptile if each of the following conditions is met by the applicant to
the animal control officer’s satisfaction: (1) the requirements of the city zoning
ordinance are met; (2) the applicant has obtained any other city, county, state and/or
federal permits required under the law; (3) the applicant has otherwise complied with
city, county, state and/or federal law having to do with the subject animal; (4) the
applicant has made the necessary showing that adequate safeguards have been
established and will be maintained in order to effectively control the dangerous or
vicious propensities of such animal or reptile; (5) the applicant shows that any danger
to individuals or property has been eliminated, that the keeping or maintaining of such
animal or reptile will in no way constitute a nuisance to the occupants of any
surrounding property, and that the proposed site is adequate in size and shape to
accommodate the number and type of animals for which the permit is requested and
will not result in harm to the animals or reptiles or material detriment to the use,
enjoyment or valuation of the property of other persons located in the vicinity of the
site; and (6) upon the applicant’s payment of a fee in the amount set from time to
time by resolution of the city council or in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar
licensing in unincorporated areas of the county. Such permit shall be valid only so long
as the owner possesses all other required governmental permits and does not violate
this title.
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F. The initial fee for the issuance of each permit shall be valid for one year. The fee for
renewal of an unexpired permit shall be the same as for an original permit, unless
modified by a resolution of the city council. Each succeeding year, a renewal permit
shall be obtained by the holder of said permit. In the event such animal is relocated
within the city, a renewal permit shall be obtained for that location at no cost to the
owner. The fee for the issuance of a renewal permit shall be established by city council
resolution or in the absence of any such established amount, the city may collect and
deposit a fee in the same amount as is applicable for similar licensing in
unincorporated areas of the county. The fee shall be due and payable each year on
the anniversary of the date of issuance of the initial permit. If during the preceding
year or years, more than one initial permit has been issued to an applicant, the former
permits may be consolidated so that only one renewal permit exists; provided,
however, that the renewal date for the consolidated permit shall be the expiration
date of the earliest initial permit.
G. The premises on which said animal is maintained shall be open at any reasonable
hour for inspection by animal control officers. Permits issued pursuant to this section
shall be surrendered for inspection by the permittee upon request of an animal control
officer.
H. The animal control department may revoke any permit issued pursuant to this
section whenever an animal control officer determines from an inspection, or an
inspection and report by the California Department of Fish and Game, or an
investigation of a cruelty complaint, that any permittee fails to comply with all of the
conditions of this title, or is found to be in violation of any city, county, state or federal
law. A notice of revocation shall be provided to the permit holder. The notice shall
state that it will not be effective for a period of ten calendar days, during which the
permit holder may appeal the determination. The procedures for appeal shall be those
set forth in chapter 2.08 of this code. Nothing in this section shall be construed to
prevent the animal control department from taking any and all actions permitted by
law to prevent cruelty to animals.
I. If, after having his or her permit revoked, the permittee proves to the satisfaction
of the animal control department that each of the conditions and requirements set
forth in this section and any other applicable section have been met, the animal
control department will provide the permittee a written notice indicating such
compliance and, upon receipt of such written notice, the permit shall be deemed in
full force and effect. Nothing in this section shall be construed to prevent the animal
control department from refusing to reinstate such permit if it is believed to be in the
best interest of the public or the health or safety of the animal involved.
J. Notwithstanding any of the foregoing, the ownership of venomous reptiles shall be
prohibited in the city. No person shall own, keep, harbor or maintain on or in any
premises within the city any venomous reptile. Nothing in this section, or in this title,
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or in the city of La Quinta Municipal Code shall be construed as to allow the possession
of such animals within the city limits with or without applicable permits. (Ord. 415 § 1,
2005)
10.24.060 Animals near buildings.
It is a public nuisance and it is unlawful for any person to keep any animal, poultry, or
bird, wild or domestic, except customary household domestic pets, within fifty feet of
any building, school, church, hospital, or any residence or dwelling house or other
buildings used for the habitation of human beings. (Ord. 415 § 1, 2005)
10.24.070 Animals on unsanitary premises.
It is a public nuisance, and it is unlawful, for any person to keep or permit to be kept
on any premises any wild or domestic animal, poultry, or bird, when the premises or
the animal, poultry or bird is offensive, obnoxious, filthy, or maintained in any
unsanitary condition. (Ord. 415 § 1, 2005)
10.24.080 Livestock prohibited in certain areas.
No livestock or hoofed animal, barn yard poultry, or rabbits may be kept on any lot or
combination of adjoined lots less than one acre in size as per this code. No person
may keep more than two horses per one acre parcel. For parcels in excess of one acre,
up to three horses per additional acre or portion thereof shall be allowed. Foals under
one year of age shall not be counted in calculating the maximum number of horses
under this section. (Ord. 415 § 1, 2005)
10.24.090 Disposal of carcasses.
Unless otherwise instructed by city, state or federal officials, it is a public nuisance,
and it is unlawful, for the owner, possessor, or the person responsible for the death
thereof, to fail to cause any dead animal or part thereof to be buried later than six
hours after the death of such animal. For purposes of this section, “buried” means to
be placed underground so that there is at least three feet of soil above the carcass of
the animal for animals weighing two hundred pounds or less and at least six feet of
soil above the carcass of an animal weighing more than two hundred pounds. In the
alternative, “buried” for purposes of this section also means to be disposed of in some
sanitary manner approved in writing by the city; provided, however, that this section
shall not apply to animals slaughtered for and fit for human food or animals killed in
violation of Chapter 10.16 of this title. (Ord. 415 § 1, 2005)
10.24.100 Dangerous animals from outside city jurisdiction.
An animal that has been declared dangerous or vicious in any legal proceeding
outside the confines of the city of La Quinta, may not be relocated temporarily or
permanently within the city of La Quinta.
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10.24.110 Keeping of guard dogs.
It shall be unlawful to keep a guard dog on any premises, unless the guard dog is
fenced within the premises or confined within the building and kept in such a manner
that it cannot come into contact with persons or other animals that are lawfully on
said premises. Any premises containing a guard dog shall also be posted at every fifty
foot interval around the perimeter of the area guarded by the guard dog and at all
entrances and exits to the area. In locations where the minimum outside dimensions
are less than fifty feet, the signs shall be placed at the beginning and end of that
premises. The signs shall state: “WARNING—GUARD DOG ON DUTY.” Such signs shall
also state the name, address, and telephone number of the guard dog company
furnishing the dog for hire, if any, and the telephone number of the owner or caretaker
of the premises. Each guard dog in use in the city shall be registered and licensed in
the city and have a tag affixed to its collar which must be worn at all times. (Ord. 415
§ 1, 2005)
10.24.120 Permit required.
Any person or business desiring to transport into the city for any commercial or
business related purposes, including, but not limited to, advertisement, circus, rodeo,
petting zoo, or animal rental, any animals considered large or dangerous including,
but not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo
animals, and large snakes, shall first obtain a permit from the animal control
department. If requested by the animal control department, such person or agency
will also make available the animal in question and veterinary records of the animal in
question for the purpose of inspecting its health and safety. Such person or business
shall make available to the animal control department the name, address, and
contact information of the handlers/keepers of the animal for emergency purposes.
Such person or business shall also make available to the animal control department
the person or business emergency capture procedures and capture equipment for
inspection purposes to insure the safety of the citizens of the city and the safety of the
animals in question. If, in the belief of the animal control department, the entry of
such animals into or the continued presence of such animals in the city constitutes a
threat to the public health and safety, said permit application may be denied. The
permit, if issued, shall be subject to immediate revocation if the animal control
department determines that the presence of such animals in the city constitutes a
threat to the public health and safety. (Ord. 415 § 1, 2005)
10.24.130 Mandatory microchipping of dogs.
A. All dogs over the age of four months must be implanted with an identifying
microchip by a California licensed veterinarian or authorized representative. The
owner or custodian is required to provide the microchip number to the city, and
shall notify the city of any change of ownership of the dog, change of address, or
telephone number. Nothing in this section supersedes, eliminates, or alters the
requirements of La Quinta Municipal Code 10.08.010, and any other licensing
requirements of this chapter.
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B. Exemption. The mandatory microchipping requirements shall not apply to a dog
with a high likelihood of suffering serious bodily injury if implanted with the
microchip identification. The owner or custodian of the dog must provide written
confirmation of that fact from a California licensed veterinarian.
C. Transfer and or sale of dogs. An owner or custodian who offers any dog, at any
age for sale, trade, or adoption must provide the microchip identification number
and the valid dog license number with the offer of sale, trade or adoption. The
license and microchip number must appear on a document transferring the dog to
the new owner. Both the previous owner or custodian, and new owner, or
custodian, are required to update the city with the name and address of the new
owner or custodian in accordance with subdivision (A) of this section. Any violation
of this chapter shall be issued an administrative citation and be subject to the
penalties and procedures provided in chapter 1.09 of this code.
D. When an impounded dog is without microchip identification, in addition to
satisfying applicable requirements for the release of the animal, including but not
limited to payment of impound fees, the owner or custodian shall have the dog
implanted with a microchip by a California licensed veterinarian, or authorized
representative entirely at the owner, or custodian’s expense. A written statement
confirming that the microchip has been implanted, must be provided to the city
with the implanted microchip number. The dog in custody will be released to the
owner or custodian after the procedure has been completed along with all other
conditions precedent to release.
10.24.140 Backyard breeding prohibited.
No person(s), shall sell, transfer or give away all or part of 2 or more litters, or 8 or
more dogs that were bred and reared on a residentially zoned property during a
preceding 12 month period.
CHAPTER 10.28 OFFENSES
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or premises, or in or upon
any unenclosed private place or premises, or in or upon any enclosed private place or
premises other than those of the owner or keeper except with consent of the person in
charge of the private place or premises where the dog is found, unless the dog is
securely restrained by a substantial leash not exceeding twelve feet in length and is in
charge and control of a person competent to keep the dog under effective control. No
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lead, leash, tether, or chain used to secure a dog on private property shall extend into
the right-of-way. Voice control, electronic control, eye control or signal control shall
not be considered adequate restraint. If any dog at large bites any person, the owner
or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as
provided in Section 10.16.090.
B. Any animal found at large three times or more during any twenty-four month
period shall be deemed a public nuisance. Such animal, upon impoundment, will be
held until the owner provides secure containment for the animal and satisfactory
proof of liability insurance. The owner shall be responsible for any fees incurred in
holding the animal. If the owner fails to provide acceptable containment within thirty
days, the animal may be humanely euthanized after following the normal procedures
for impounded animals. Only when acceptable containment has been provided, and
approved by the animal control department, will the animal be released to the owner.
The determinations by the animal control department shall be subject to appeal, and
any appeal to a decision under this section shall be handled consistent with the
hearing procedures as set forth in Section 10.20.090 of this title. (Ord. 482 § 3, 2010;
Ord. 415 § 1, 2005)
10.28.015 Livestock/poultry at large.
No owner or keeper of livestock or poultry shall allow, permit or suffer the animal or
bird, whether licensed or unlicensed, to be or run at large in or upon any public place
or premises, in or upon any unenclosed private place or premises, or in or upon any
enclosed private place or premises other than those of the owner or keeper except
with consent of the person in charge of the private place or premises. No lead, leash,
tether, or chain used to secure any animal or poultry shall extend into the right-of-
way. (Ord. 415 § 1, 2005)
10.28.020 Noise disturbances by animals.
A. No person owning, keeping or having in his/her care or custody any animal shall
knowingly permit the animal, by any barking or other noise or sound, to disturb any
other person’s peace and quiet. This section shall not be construed to prohibit the
keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet
the dog whenever it barks, and provided the keeper never leaves the dog unattended
on the premises in a place where the dog’s barking, if prolonged or if repeated an
undue number of times, disturbs any other person’s peace and quiet.
B. No person, after being informed orally or in writing that his/her animal has by noise
or sound disturbed any other person’s peace and quiet, shall fail, refuse or neglect to
take whatever steps or use whatever means is necessary to ensure that the dog or
animal does not again disturb the other person’s peace and quiet. (Ord. 415 § 1, 2005)
10.28.025 Animal defecation to be removed by the owner.
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A. Any person owning, keeping or having in his or her care or custody any animal shall
not fail, refuse or neglect to clean up any feces of the animal immediately and dispose
of it in a sanitary manner wherever the animal has defecated upon public or private
property without the consent of the public or private owner or person in lawful
possession or charge of the property.
B. The provisions of subsection A of this section shall not apply to a blind person
being accompanied by a service animal, nor shall they be construed to allow any act
of trespass upon private property. Whenever the feces to be cleaned up cannot be
reached without significant trespass upon the private property on which the feces is
located, the person having the duty pursuant to subsection A of this section to take
action shall first obtain consent to do so from the owner or person having lawful
possession or charge of the property. (Ord. 415 § 1, 2005)
10.28.030 Retention of animal by one other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any animal of which s/he is not the owner for more than twenty-four
hours without first reporting the possession of such animal to the animal control
officer, giving his/her name and address and the true description of the animal, and
then causing the animal to be impounded at the city shelter or city-contracted shelter
for return to the owner. Any person so holding an animal shall surrender such animal
upon demand of the animal control officer. At the discretion of the animal control
officer, any such finder of an animal may be allowed to retain possession of the
animal in lieu of impoundment. In such a case, the animal control officer shall make
all normal and regular efforts to ascertain the true owner of the animal and advise
him/her of the whereabouts of the animal. (Ord. 415 § 1, 2005)
10.28.040 Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city shelter or city-
contracted shelter without the consent of the animal control officer. No person shall
remove any animal from the custody of the animal control officer, including any
animal control department vehicle or any vehicle in use by the animal control
department or from any humane live trap in use by the animal control department or
its authorized agents. (Ord. 415 § 1, 2005)
10.28.050 Dogs at public schools prohibited.
No person shall bring any dog, except a service animal onto any public school
property while school is in session. This section shall not, however, be deemed to
prohibit the use of dogs on school property for teaching or other school uses when
approved by the proper school authorities. (Ord. 415 § 1, 2005)
10.28.060 Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate,
injure, disable or kill any dog being used by any law enforcement officer in the
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performance of his/her duties, or interfere with or meddle with any such dog while
being used by such officer in the performance of any of his/her functions or duties.
(Ord. 415 § 1, 2005)
10.28.070 Public nuisance.
A. The introduction, ownership, possession or maintenance of any animal, or the
allowing of any animal to be in contravention to this title is, in addition to being a
violation of the applicable section, declared to be a public nuisance. The city manager
or designee, the animal control officer, the county health officer, and peace officers
are authorized, directed and empowered to summarily abate any such public nuisance
independently of any criminal prosecution or the results thereof by any means
reasonably necessary including, but not limited to, the destruction of the animal or
animals involved when appropriate or by the imposition of specific reasonable
conditions and restrictions for the maintenance of the animal.
B. Any person who fails to comply with any conditions and restrictions imposed
pursuant to this section shall be guilty of a misdemeanor. The owner shall reimburse
the city for all costs incurred in verifying compliance and enforcing the provisions of
this section. The city may also commence proceeding in accordance with the
provisions of Chapter 11.72 of this code relative to abatement procedures for public
nuisances.
C. Any person violating the provisions of this chapter shall reimburse the city for any
and all costs incurred by the city in responding to, investigating, assessing, monitoring,
treating, cleaning, removing, or remediating any action taken or condition caused in
violation of this chapter. Such costs to be paid to the city shall include all
administrative expenses and all legal expenses, including costs and attorney’s fees in
obtaining compliance and in litigation, including all costs and attorney’s fees on any
appeal. The costs to be recovered pursuant this section shall be recoverable from any
and all persons violating this chapter. (Ord. 415 § 1, 2005)
10.28.080 Confining animals in motor vehicles.
A. No person having ownership, charge, or custody of an animal, as owner or
otherwise, shall place or confine an animal or allow such animal to be placed or
confined or to remain in an enclosed vehicle or for such period of time as may
endanger the health or well-being of such animal due to heat, cold, lack of food or
such other circumstances as may reasonably be expected to cause suffering, disability
or death. In such circumstances, an animal control officer may act in the best interest
of the animal, including taking action to remove the animal in cases of immediate
threat. This section shall not be applicable to animals which are in an animal control
officer’s or a peace officer’s vehicles while such animal control officer or peace officer
is engaged in their duties.
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B. When an animal has been removed from a vehicle pursuant to this section, the
animal control officer shall cause to be posted in a conspicuous place on said vehicle a
notice which shall state that the animal has been removed from the vehicle pursuant
to La Quinta Municipal Code Section 10.28.080, where the animal has been
impounded, the procedure whereby the owner of said animal may regain custody of
the animal, and notice that the owner may be liable for impound fees and costs. (Ord.
415 § 1, 2005)
10.28.090 Causing another person’s animal to be disposed of.
A. Every person contacting the city’s animal control department or taking an animal
to the animal control department for impoundment or disposal shall, if the animal is
not owned by him/her, inform the animal control department who the lawful owner is,
if known, and where and when the animal was found. If the lawful owner cannot be
determined, the animal control officer shall keep the animal as prescribed in Section
10.20.030 of this title.
B. It shall be unlawful for any person to take, deliver, or have delivered an animal to
the animal control officer or the city shelter or city-contracted shelter for
impoundment or disposal without disclosing to the animal control officer or the city
shelter or city-contracted shelter the name of the lawful owner of such animal, if
known.
C. It shall be unlawful for any property owner, or responsible person(s), including any
natural person, the parent or the legal guardian of any natural person under the age
of eighteen years, any corporation, association, organization, estate, group,
combination acting as a group, or any officer, agent, employee, or servant of any of
the foregoing, to fail to board any animal left behind by a tenant. Any property owner
or responsible person that fails to make arrangements for the humane sheltering and
care of said animal for the length of time required by law and/or fails to make
arrangements with the sheltering agency is in violation of this section.
D. Enforcement of this section shall be performed by administrative citation. Each day
such violation is committed or permitted to continue shall constitute a separate
offense. When an animal is found at large and is known to be from a vacant property,
it shall be deemed in violation of this section if the property owner or responsible
person fails to take control of the animal immediately. Notwithstanding any other
provisions of this code, the fine for violation of this section after receiving a warning
from the animal control officer shall be in accordance with chapter 1.09 of this code.
(Ord. 415 § 1, 2005)
10.28.100 Feeding of wild animal prohibited.
No person shall feed or in any manner intentionally provide food as sustenance or to
encourage domesticity in a non-domesticated or wild animal with the exception of a
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bird feeder in the yard. A person may feed or provide food to a wild animal under the
following circumstances:
A. When the wild animal is maintained, treated or fed pursuant to a valid certificate
or permit issued by the state of California or an agency of the United States
Government;
B. When the wild animal is maintained, treated or fed between the time the animal
control officer or Humane Society is notified and the wildlife is picked up by an
appropriate agency. (Ord. 415 § 1, 2005)
10.28.110 Wildlife protected.
Other than in self-defense, no person shall kill, capture or molest any species of wild
animal or damage the nest or eggs of any wild animal within the city, except any
poisonous reptile or insect; provided, however, that if it is determined by the city
manager, or authorized representative, that a wild animal has become a menace to
any person’s health, safety or property, the city manager shall issue a permit
authorizing any person to kill or capture the wild animal. In no event shall any person
use or employ poison or diseased material to kill or capture any wild animal. This
section shall not pertain to rats and vermin animals unless such animals are otherwise
protected under the law. (Ord. 415 § 1, 2005)
10.28.120 Importing or transporting diseased animals.
A. It is unlawful for any person to bring or receive in, or to transport from place to
place within the city any animals affected with any contagious, infectious, or
communicable disease without written permission from the animal control
department, except such diseased animals as are specifically permitted to enter the
state of California and the county of Riverside under federal or California state
regulations, and only under the conditions and for the purpose prescribed in the
federal and state regulations governing the movement of such animals.
This section shall not apply to actions taken except for the purpose of immediate
destruction by humane means, or for immediate medical treatment. All animals
brought into the city in violation of this section shall be subject to possible quarantine,
examination and test, all at the expense of the owner, by the animal control officer or
his/her appointed agents, who may dispose of such animals consistent with the
provisions of this title to safeguard the health, safety, and welfare of the residents of
the city and the protection of the health of the animals therein.
B. It is unlawful for any person to bring into or receive in, or to transport from place to
place within, the city, any animal of a species known to be capable of carrying the
rabies virus from any other jurisdiction, city, county, state or country in which a
reported case of rabies exists or has existed within the preceding six months. (Ord.
415 § 1, 2005)
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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. (enter number) which
was introduced at a regular meeting on the 3rd day of November, 2015, and was
adopted at a regular meeting held on the (date) day of (month), (year), 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 the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
__________________________________________
SUSAN MAYSELS, City 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 , pursuant to Council Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
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Chapter 10.04 DEFINITIONS
10.04.010 Definitions generally.
For the purposes of this title, unless it is plainly evident from the context that a
different meaning is intended, the terms used in this title shall have the following
meanings. (Ord. 415 § 1, 2005)
10.04.020 Animals.
“Animal” means all domestic animals, wild animals, livestock, poultry, or any other
animal. (Ord. 415 § 1, 2005)
10.04.030 Animal control officer—Health officer.
A. “Animal control officer” means all persons designated by the city as an animal
control officer or such other person(s) designated by the city as deputies or as the
animal control officer has designated to perform the duties of the position, or such
person with whom the city has contracted to perform such duties, or such person who
is otherwise obligated by law to perform such duties
B. “Health officer” means the health officer of the city or county or such person or
persons as are duly authorized by law to perform local health officer duties within the
city. (Ord. 415 § 1, 2005)
10.04.040 Dog.
“Dog” means any member of the canine family. and includes female as well as male
dogs. (Ord. 415 § 1, 2005)
10.04.050 Owner.
“Owner” means any person who is the legal owner, keeper, harborer, possessor or the
actual custodian of any animal. Ownership is established by a person registering as
the owner on a license or other legal document, (b) by a person claiming ownership
and taking possession of an animal, or by being in possession of an animal for thirty
days or more. If more than one person claims ownership of an animal, the person who
is identified on the license as the owner of the animal shall be considered the owner.
If more than one person is identified on the license as owner or if the animal is not
licensed, the presumption will be that the animal belongs to the occupant of the
residence where the dog resides the majority of the time unless proven otherwise.
(Ord. 415 § 1, 2005)
10.04.060 Unlicensed dog.
“Unlicensed dog” means any dog for which the license required under this title for the
current licensing year has not been issued, including circumstances where a license is
not issued for failure to pay the license fee, i.e., has not been purchased or has expired
without renewal fee having been timely paid, or to which the tag for the current year
provided for in this title is not attached. (Ord. 415 § 1, 2005)
ATTACHMENT 1
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10.04.065 Attack.
“Attack” by an animal means an animal that charges or pursues a person or other
animal and causes injury due to a bite, fall, strain or other documented injury.
10.04.066 Biting animal and bite levels defined.
For purposes of this title, an animal bite shall be considered to have occurred when
any animal’s mouth makes teeth contact on a victim and punctures the skin.
Level 1 Bite: one to four punctures from a single bite, and may also have lacerations
and bruising around the wound.
Level 2 Bite: multiple-bite or multiple-attack incident or an attack resulting in the
death of the victim.
10.04.070 Vicious and/or dangerous animal.
A. The term “vicious animal” or “dangerous animal” means an animal which:
1. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack or bite human
beings or another animal without provocation; or
2. Has twice within a thirty-six month period bitten, attacked, or shown the
disposition, tendency, or propensity to attack, bite, or otherwise cause injury or
attempt to cause injury to a person or another animal, engaged in lawful activity; or
3. Has once attacked or bitten a person engaged in lawful activity, causing death
or substantial injury; or
4. Has been determined by a doctor of veterinary medicine, after observation
thereof, as posing a danger to humans or domestic animals if not confined to an
enclosed area or muzzled; or
5. Has attacked or behaved in such a manner that the owner thereof knows or
should reasonably know that the animal has tendencies to attack domestic animals
without provocation; or
56. Has been trained for fighting or as an attack animal, except such animals
which are employed by a government agency, including the police department of the
city or county; or as provided in section 10.04.070 (B) below.
67. Has been classified as dangerous, potentially dangerous or vicious by any
other local, county, or state animal control agency; or
78. When unprovoked, has on two separate occasions within the prior thirty-six
month period engaged in any behavior that required a defensive action by any person
to prevent bodily injury to himself/ or herself, or another person or animal during
which the person having been attacked and the attacking animal was off the property
of the owner or keeper of the animal; or
89. Has been outfitted with a training device for fighting or attack, such as a
weighted collar around the neck of the animal, or found to be allowed to hang
suspended from an object by biting into and holding onto the object with its
jaws, shall be presumed to be an animal trained as a fighting or attack animal; or
910. Of a species, breed, or kind (excluding dogs and cats), which in its wild or
untamed condition is capable of and, if aroused, is likely to cause death or substantial
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serious injury to a human being or domestic pet or which would cause serious fear or
alarm to the average person if seen wandering at large in an inhabited community; or
11. Any dog working as a guard or sentry dog as defined in section 10.04.150.
102. That meets the definition of “vicious animal” or “dangerous animal” contained
in California Food and Agriculture Code sections 31626 31603 and 31604.
B. This provision The terms “vicious animal’ and/or “dangerous animal” shall not
apply to animals owned and used by a government entity, including, but not limited
to, public entities’ guard dogs or sentry dogs, as defined by Ssection 10.04.150 of this
chapter. (Ord. 415 § 1, 2005)
10.04.075 Confinement of dangerous and/or vicious animals.
“Confinement” of a dangerous and/or vicious animal means the animal is securely
confined indoors or confined in a securely enclosed and locked pen or a run area upon
the owner’s premises. Such pen or run area must also have secure sides six feet high
and a secure attached top. If the pen or structure has no bottom secured to the sides,
the sides must be imbedded into the ground or concrete. Such sides shall be
imbedded into the ground no less than one foot deep. If concrete is used, such sides
shall be imbedded no less than two inches into the ground. SuchThe pen or run area
shall be of adequate floor size as to allow saidthe animal to be able to move around
and obtain adequate exercise. All gates and door openings of such enclosures shall
be equipped with a self-closing and self-latching device designed to keep, and capable
of keeping, suchthe door or gate securely closed at all times when not in actual use.
Such latching device must be located not less than five feet above the ground.
10.04.080 Wild animal.
“Wild animal” means any animal not ordinarily and customarily domesticated, but of
a species, breed or kind which is wild by nature and not generally and commonly
propagated and raised by man or woman in this state for use as a household pet or
domestic or domesticated animal or which, because of its size, disposition, nature, or
other characteristics could constitute a danger to human life or property. The
definition of “wild animal” shall include feral animals. (Ord. 415 § 1, 2005)
10.04.090 Livestock.
“Livestock” means any animal commonly considered a “barnyard” animal or animals
raised for food production, including, but not limited to horses, cattle, sheep, goats,
hogs, pigs, rabbits, alpacas, llamas, emus, and ostriches. (Ord. 415 § 1, 2005)
10.04.100 Poultry.
“Poultry” means fowl, including, but not limited to, chickens, turkeys, ducks, geese,
guinea poultry, pigeons, peacocks, pheasants or any other large domestic or tame
birds. (Ord. 415 § 1, 2005)
10.04.110 At large.
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“At large” means an animal off the property of its owner without consent of the owner
of the property where the animal is found not under restraint by leash or chain. (Ord.
415 § 1, 2005)
10.04.120 Substantial injury.
“Substantial injury” means any physical injury that results in a broken bone, a muscle
tear, skin laceration or puncture wound. (Ord. 415 § 1, 2005)
10.04.130 Service AnimalGuide dog, service dog, signal dog.
A “service animal” means any animal that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability. “Guide dog,” “service dog,” and
“signal dog” shall include those dogs that are used to perform these respective
functions (e.g., seeing eye dog for the blind, a signal dog for the deaf, or a service dog
for the handicapped) and those dogs in training to be guide dogs, service dogs or
signal dogs. (Ord. 415 § 1, 2005)
10.04.140 Cattery.
“Cattery” means any residence, structure, or premises, whether indoors or outdoors,
which houses, contains, maintains or provides shelter or sustenance for five or more
cats of four months old or older. (Ord. 415 § 1, 2005)
10.04.150 Guard dog.
“Guard dog” means a working dog, utilized to protect a commercial business, and
allowed to work without supervision on fenced premises to guard against trespass by
attacking or threatening to attack persons found within the enclosure patrolled by
such dog, and trained to resist resisting leaving the protected premises without the
presence of its handler or owner. For the purposes of the ordinance codified in this
title, a “guard dog” shall be considered a dangerous animal. “Guard dog” shall also
mean “sentry dog.” (Ord. 415 § 1, 2005)
10.04.160 Backyard breeding.
“Backyard breeding” is the selling, transferring or giving away of all or part of 2 or
more litters, or 8 or more dogs during the preceding 12 months that were bred and
reared on a residentially zoned property.
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Chapter 10.08 DOG LICENSES
10.08.010 License required.
No person within the city owning, possessing, controlling, harboring or keeping any
dog over four months of age shall fail, refuse or neglect to procure a dog license tag
for such dog from the city manager or his/ or her authorized agent. No license issued
pursuant to this title shall be transferable. Within thirty days of transfer of dog
ownership, the new person claiming ownership of said dog shall complete a new
application for a dog license and shall procure a new license and tag providing
required information as set forth in Ssection 10.08.050. A rabies tag issued by a
veterinarian shall not be considered a city of La Quinta dog license. (Ord. 415 § 1,
2005)
10.08.020 Exemptions.
A dog license tag is not required for any dog found within the city under any of the
following conditions:
A. When the dog is owned by, or in the care of, any person who is a nonresident or
who is traveling through the city, or who is temporarily sojourning therein, provided
the dog is kept within the city for less than thirty consecutive days and less than a
total of sixty days in any given year; or
B. When the dog has a valid license from either the county of Riverside or another
city within the county. This exemption shall be available for a maximum period not
exceeding six one months for any given dog. (Ord. 415 § 1, 2005)
10.08.030 Term.
The effective period of each dog license issued shall be not more than three years and,
in no case, shall be valid for a period of time longer than the term of immunization
specified by the veterinarian performing the dog’s rabies vaccination. (Ord. 415 § 1,
2005)
10.08.040 Fees.
A. The fee for a dog license shall equal an amount fixed from time to time by
resolution of the city council; provided, that in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county.
B. No fee shall be required for a license for a service animal ny guide dog, signal dog
or service dog if such animal dog is in the possession and under the control
of individual with a disability, including a physical, sensory, psychiatric, intellectual, or
other mental disability., in the case of a guide dog, a blind person, or, in the case of a
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signal dog, a deaf or hearing-impaired person, or, in the case of a service dog, a
physically disabled person. (Ord. 415 § 1, 2005) A certification that the dog serves as
an official service animal must be provided.
10.08.050 Application.
The owner shall state at the time application for licensing is made, and upon standard
printed forms of application provided for such purpose, his or her name and address
and the name, breed, color, age, history and sex, indicating whether or not the dog is
neutered or spayed, for each dog for which application is made. (Ord. 415 § 1, 2005)
The owner shall state at the time application for licensing is made, and upon standard
printed forms of applications provided for such purpose, the following information and
documentation for each dog:
A. Name, address, telephone number, and email address of owner;
B. Address where dog is kept;
C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of
the dog;
A.D. Proof of Microchip by written statement of a California Licensed Veterinarian
and microchip number.
10.08.060 Anti-rabies vaccination required with application.
As a condition for the issuance of a license, within thirty days prior to the issuance of
the license, all applicants for the license shall procure and deliver to the licensing
authority a certificate issued by a veterinarian certifying that the dog to be licensed
has been administered an anti-rabies vaccination approved for use in the state of
California by the California Department of Health Services, and has received an anti-
rabies vaccination sufficient to immunize the dog against rabies for the period of the
applied for license. (Ord. 415 § 1, 2005)
10.08.070 Issuance of tags and certificates.
A metallic tag and license certificate with corresponding number shall be furnished by
the licensing authority upon payment of the appropriate fee prescribed by Ssection
10.08.040 of this chapter and upon satisfaction of all conditions stated in this chapter
for licensing. (Ord. 415 § 1, 2005)
10.08.080 Tag—to be worn at all timesAttachment required.
The licensing authority shall keep a record of the owner or person making payment of
the license fee and to whom a certificate and tag has been issued, including the
number and date of the certificate and the tag. The metal tag issued shall be securely
fixed to a collar, harness, or other device to be worn at all times by the dog for which
the registration is issued. (Ord. 415 § 1, 2005)
10.08.090 Tag and certificate—show upon demandDisplay required.
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No person shall fail or refuse to state his or her true name and residence address upon
demand of an animal control officer or any law enforcement officer, or to show upon
demand of an animal control officer or any law enforcement officer, the license
certificate and the tag for any duly registered dog kept or remaining within any home
or upon any enclosed premises under his or her immediate control. (Ord. 415 § 1,
2005)
10.08.100 Tag—Removal prohibited.
No one other than animal control personnel shall remove any dog collar, harness, or
other device to which is attached a registration tag for the current license year, or
remove the tag there from. (Ord. 415 § 1, 2005)
10.08.110 Tag—Replacement.
If the dog license tag is lost or destroyed, the owner shall immediately procure a
duplicate license tag from the licensing authority, for which a fee of one-half the
license fee set forth in Ssection 10.08.040 of this chapter shall be charged. (Ord. 415 §
1, 2005)
10.08.120 Tag—Altering, or counterfeiting or switching.
A. It shall be unlawful to alter, falsify or counterfeit a rabies vaccination certificate,
dog license certificate or dog license tag. No tag may be altered by anyone other than
the licensing authority or a duly appointed representative. No person shall make use
of or have in his or her possession or under his or her control a stolen, counterfeit or
forged dog license receipt, dog license tag, rabies vaccination receipt or other form
issued in accordance with this chapter.
B. It shall be a violation of this section to attach a city dog license to the collar,
harness, or other device of a dog for which the license has not been issued. (Ord. 415 §
1, 2005)
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Chapter 10.16 BITING
10.16.010 Biting animals and rabid animals —Quarantine orders.
Whenever it is shown that any animal has bitten any person or animal, or exhibits
evidence of rabies, no owner or person having custody or possession thereof, upon
order of the animal control officer or of the county health officer (or any other person
exercising the duties of health officer for the city) or their deputies, shall fail, refuse, or
neglect to quarantine the animal and keep it tied up or confined for a minimum period
of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the
health officer or their deputies to make an inspection or examination thereof at any
time during such period. No such animal shall be removed or released during the
quarantine period without the written permission of the animal control officer or the
health officer or their deputies. Unless otherwise specified by the animal control
officer or the health officer, the animals shall be confined in a pound or shelter or a
veterinary hospital at owner’s expense. All provisions found in Section 10.16.040 shall
pertain to this section. (Ord. 415 § 1, 2005)
10.16.020 Animals dying while under quarantine.
The head of an animal that has died dying while under isolation in quarantine shall be
submitted to the laboratory of the county health department for examination for
rabies. No liability shall incur to the city or any of its employees or agents for violation
of this section. (Ord. 415 § 1, 2005)
10.16.030 Knowledge of bite—Duty to report.
Whenever any person owning or having charge, care, control, custody or possession of
any animal has knowledge that the animal has bitten any person or animal, the
person owning or having charge, care, control, custody, or possession of the animal
shall report the fact forthwith to the animal control department. The report shall
state the name and address of the person or animal bitten, the time and place of
occurrence, and any other information so requested by an animal control officer. (Ord.
415 § 1, 2005)
10.16.040 Bitten animals—When to be quarantined.
A. Whenever any animal is bitten by another animal having or suspected of having
rabies, or a bitten animal shows any symptoms of rabies, the owner or person having
possession of the bitten animal shall immediately notify an animal control officer or
the health officer and confine the animal, away from other animals, until it is
established to the satisfaction of the animal control officer or the health officer that it
does not have rabies. The animal control officer shall inspect the animal at the
beginning of quarantine and at the end of quarantine prior to release.
B. If the animal control officer determines that exigent circumstances exist that
require swift action to save life, property or evidence of unlawful action, the animal
control officer shall have the authority to enter onto any private property where the
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animal is kept or where it has strayed, to inspect and, if necessary, to seize and
impound any animal suspected of being rabid.
C. The period of quarantine shall be not less than ten days for dogs or cats and not
less than fourteen days for other animals. The animal control officer shall have the
authority to quarantine any such animal at the owner’s residence, or impound the
animal at the owner’s expense. Any animal found to be in violation of home
quarantine order may be impounded and placed on quarantine at the animal shelter if
the owner or person having control thereof fails to confine the animal or in case the
owner or person having possession thereof is not readily accessible. (Ord. 415 § 1,
2005)
10.16.050 Disposition of animals appearing to have rabies.
A. If upon observation the animal control officer or the health officer determines that
any animal has rabies, s/he or she may after providing notice to the owner, if known,
humanely euthanize destroy the animal forthwith, or hold the animal for further
examination for such time as s/he or she may consider advisable.
B. Unless otherwise authorized by state or federal law, no person other than the
animal control officer or a peace officer shall kill or cause to be killed any rabid animal,
any animal suspected of having been exposed to rabies, or any animal biting any
person human or another animal, unless that person kills the animal in self-defense or
in the defense of others. No person shall remove a rabid animal or animal suspected
of having been exposed to rabies from the city without written permission from the
animal control officer. This section shall not apply to a veterinarian or his/ or her
assistant(s) preparing an animal suspected of rabies for an FRA rabies test. Results of
such tests shall be reported to the animal control department by the veterinarian or
his/ or her assistant(s). (Ord. 415 § 1, 2005)
10.16.060 Rabies epidemics—Authority of health officer.
Whenever the county health officer (or any other person exercising the duties of
health officer for the city) determines that an epidemic of rabies exists or is
threatened, s/he or she shall have the authority to take such measures as may be
reasonably necessary to prevent the spread of the disease, including the declaration
of a quarantine for a period of not more than one hundred twenty (120) days against
any or all animals in any area of the city as s/he or she may determine and define. An
additional or extended quarantine period may also be declared if it is deemed
necessary by the health officer for the protection and preservation of the public
health, peace, and safety. Subject to any restriction set out in this section, quarantine
declared under the provisions of this section shall be upon conditions that the health
officer determines and declares to be appropriate, consistent with state and federal
law. (Ord. 415 § 1, 2005)
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10.16.070 Quarantine of a dog used by law enforcement.
Notwithstanding any other provision of this title, a dog used by any state, special
district, federal, county, city, or city and county law enforcement agency shall not be
quarantined after biting any person or another animal if such bite occurred while the
dog was being used for any law enforcement purpose. The law enforcement agency
shall notify the animal control department within its jurisdiction if the dog exhibits any
abnormal behavior and make the dog available to the department at any reasonable
time. (Ord. 415 § 1, 2005)
10.16.080 Use of an animal as a threat or weapon.
It shall be unlawful for any owner of any animal to cause such animal to attack,
threaten to attack or pursue another person engaged in any lawful activity. (Ord. 415 §
1, 2005)
10.16.090 Dangerous and/or vicious Aanimals bite unlawful.
A. Biting Animal Defined. For purposes of this section, an animal bite shall be
considered to have occurred when any animal bites any person, or another animal in
the city; provided, however, that the A bite will not be subject to this section if: (1) the
person bitten was provoking the animal at the time of the bite; (2) the person bitten
was engaged in an unlawful activity at the time of the bite; (3) the animal was within
a fenced or otherwise enclosed area at the time of the bite; (4) the animal was on a
leash meeting the requirements of Section 10.28.010 at the time of the bite; or (35)
the person bitten is performing services at a veterinary facility at the time of the bite.
For the purposes of this section, the records of animal bites kept by the city shall be
deemed official records and shall establish a rebuttal presumption of the number of
bites recorded against a particular animal.
B. First Offense Attack or Level 1 Bite. If an animal is reported to and determined
believed by the city to be dangerous and/or vicious and have bitten any person, as a
result of an attack or Llevel 1 bite, as defined by this Code, then in addition to any
requirement imposed following a hearing pursuant to Chapter 10.20 of this Code, the
owner or guardian of said animal shall (1) shall be guilty of an infraction punishable by
a fine as provided in Section 1.09.0201.01.220 of this code; (2) . Upon investigating
and verifying a complaint of an animal bite, an animal control officer shall be issued a
citatiocitation for an infractionn, and such citation to the owner or guardian of said
animal. This citation shall be in addition to any action the animal control officer may
deem appropriate pursuant to chapter 10.20 of this code; (2) shall quarantined the
animal in accordance with section 10.16.010 of this code; (3) Section 10.20.090 of this
title. The owner shall have the animal be subject to control and impoundment of the
animal pursuant to section 10.20.090 of this code.
C. Level 2 Bite. If an animal is believed to be dangerous and/or vicious as a result of a
Llevel 2 bite, the animal shall be impounded and confined in a shelter at the owner’s
expense until the latter of (a) issuance of an administrative order following a hearing
held pursuant to Section 10.20.090, or (b) conclusion of judicial review by the Superior
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Courts of California, County of Riverside, if any. At the administrative hearing held
pursuant to Section 10.20.090, tThe animal control department shall recommend to
the hearing officer that the animal be humanely euthanized in the interest of public
safety.
C. Subsequent Offense. If an animal is reported to and determined by the city to
have bitten any person, or another animal after a first offense citation has been
issued, or the animal has previously been adjudged to be dangerous or vicious as
provided in Section 10.20.090 of this title and bites any person, or another animal
subsequent to that adjudication, the owner or guardian of said animal shall be guilty
of a misdemeanor punishable by a fine of not more than one thousand dollars or by
imprisonment in the county jail for a period of not more than six months, or by both
such fine and imprisonment. Upon investigating and verifying a complaint of a second
animal bite or any animal bite by a dangerous or vicious animal, an animal control
officer shall issue a citation to the owner or guardian of said animal. This citation shall
be in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this title.
D. Dangerous and/or vicious animals at large. The owner of any animal which has
bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or
otherwise cause injury or attempt to cause injury to a person, or another animal
engaged in lawful activity who causes or allows such animal to be at large shall be
guilty of a misdemeanor punishable by a fine of not more than one thousand dollars
or by imprisonment in the county jail for a period of not more than six months, or by
both such fine and imprisonment. (Ord. 482 § 2, 2010; Ord. 415 § 1, 2005)
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Chapter 10.20 CONTROL AND IMPOUNDMENT OF ANIMALS
10.20.010 Impounding of animals.
It shall be the function and within the power of the animal control officer to pick up,
impound, and safely keep any of the animals mentioned in this title found running at
large, staked, tied, or being herded or pastured in any street, lane, alley, court, square,
park, or other place belonging to or under the control of the city, or upon any private
property, which is acting in a manner that is contrary to the provisions of this title or to
the right of the public. (Ord. 415 § 1, 2005)
10.20.020 Notification of owner.
The animal control officer shall immediately upon impoundment of dogs or other
animals make reasonable effort to notify the owners of the dogs or other animals
impounded, and inform the owners of the procedures, if applicable, to regain custody
of the animals. If an impounded dog has a valid license, the owner shall be notified
pursuant to Section 1.01.300 of this code., either personally or by telephone or by
deposit of appropriate notice in the mails addressed to the record address with
postage prepaid, or by posting the notice on the door of the owner’s residence. (Ord.
415 § 1, 2005)
10.20.030 Disposition of unclaimed animals.
A. All animals impounded at the city shelter or city-contracted shelter shall be
provided with proper and sufficient food and water. Unless unlicensed animals have
been claimed within five days after being impounded, or licensed dogs within ten days
after the notification provided for in Section 10.20.020, they may be sold by the animal
control officer or shelter operator to a person offering to pay a cash amount set by the
animal control officer or shelter operator; provided, that the purchaser shall not be
given possession of any dog until s/he or she has paid to the animal control officer or
shelter operator the license fee for the dog and until s/he or she has made appropriate
arrangements for any necessary rabies vaccination, if necessary.
B. If any animal impounded by the animal control officer has not been claimed within
the period stated in this section and cannot be sold within a reasonable time
thereafter, it may be humanely euthanizeddestroyed by the shelter operator or animal
control officer in a humane manner. In lieu of euthanization destruction, animals may
be released without charge to any humane organization that provides an animal
adoption service.
C. The animal control officer shall maintain a file describing each animal impounded
in the city shelter or city-contracted shelter beginning on the day any such animal is
taken or delivered into the possession of the shelter. No animal found which, in the
opinion of the animal control officer, constitutes a threat to the public welfare shall be
adopted or released to any person who is not the owner of the animal. (Ord. 415 § 1,
2005)
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10.20.040 Humane euthanization Destruction of animals dangerous to impound.
After providing notice to the owner, if known, an animal control officera shelter
operator is authorized to humanely euthanize forthwith destroy any animal lawfully
impounded which the shelter operatorofficer determines due to disease or other
cause poses an imminent danger to persons or other animals so that impoundment of
the animal would cause serious threat to others or would be inhumane to the animal.
Nothing in this title shall be construed to prevent an animal control officer or shelter
operator from taking whatever action is reasonably necessary to protect his/her or her
person or other members of the public from injury or damage, including immediate
destruction of any vicious or dangerous animal without notice to the owner or
custodian. (Ord. 415 § 1, 2005)
10.20.050 Reclaiming animals.
The owner of any licensed impounded animal shall have the right to reclaim it at any
time prior to the lawful disposition thereof, upon payment to the shelter operator or
an animal control officer of the costs and charges provided in this title for impounding
and keeping such animals.
Any person claiming ownership of any unlicensed impounded animal shall be required
to present proof of ownership satisfactory to the shelter operator or animal control
officer, and thereafter the animal may be released to the claimant upon his/her or her
making payment of all applicable costs, fees, and charges prescribed in this title
including, but not necessarily limited to, any veterinary fees incurred and upon his/her
or her making appropriate arrangements for any necessary rabies vaccination. (Ord.
415 § 1, 2005)
10.20.060 Owner’s right to redeem animal from purchaser.
The owner of any impounded animal may, at any time within thirty days after sale by
a shelter operator or an animal control officer, redeem the animal from the purchaser
by paying him/her or her an amount of money equaling each of the following, in the
aggregate: the purchase price paid to the shelter operator or an animal control officer;
any license fee paid and rabies vaccination costs incurred; and rates established by
Section 10.20.080 for daily care and feeding for the number of days starting from the
date of sale to and including the date of redemption by the owner. (Ord. 415 § 1,
2005)
10.20.070 Owner’s liability to city when redeeming animal from purchaser.
In each case where the owner of an impounded animal redeems it from the
purchaser, irrespective of whether payment was made as prescribed in Section
10.20.060, the owner shall be liable for payment to the shelter operatoroperator or an
animal control officer for all fees prescribed pursuant to Section 10.20.080 for
impounding and for the daily care and feeding of the animal incurred during the
impoundment, deducting there from the sale price paid to an animal control officer by
the purchaser. The amount of the owner’s liability under this section shall be deemed
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a debt to the city, and an action may be commenced in the name of the city in any
court of competent jurisdiction for the amount of any such debt. (Ord. 415 § 1, 2005)
10.20.080 Impoundment fees.
Except in cases when disposition of an animal is made pursuant to Section 10.20.030
(Disposition of unclaimed animals), a shelter operator or an animal control officer
shall receive and collect fees for impoundment, care, and feeding of impounded
animals. The nature and amounts of such fees shall be as fixed from time to time by
resolution of the city council. In the absence of any such fee or fees having been so
established, a shelter operator or an animal control officer may collect and deposit in
the appropriate accounts provided for such purpose, a fee or fees in the amount or
amounts as is applicable for similar functions or services in the unincorporated areas
of the county. (Ord. 415 § 1, 2005)
10.20.090 Control and impoundment of dangerous and/or vicious animals.
A. No person owning or having the care or custody of a dangerous and/or vicious
animal shall permit such animal to go unconfined on the premises of such person. A
dangerous and vicious animal is unconfined, as the term is used in this title, if such
animal is not securely confined indoors or confined in a securely enclosed and locked
pen or a run area upon the premises of said person. Such pen or run area must also
have secure sides six feet high and a secure attached top. If the pen or structure has
no bottom secured to the sides, the sides must be imbedded into the ground or
concrete. Such sides shall be imbedded into the ground no less than one foot deep. If
concrete is used, such sides shall be imbedded no less than two inches into the
ground. Such pen shall be of adequate floor size as to allow said animal to be able to
move around and obtain adequate exercise. All gates or door openings through such
enclosures shall be equipped with a self-closing and self-latching device designed to
keep and capable of keeping such door or gate securely closed at all times when not
in actual use. Such latching device must be located not less than five feet above the
ground. The owner or custodian of an animal declared dangerous and/or vicious shall
allow an animal control officer or his/her or her deputies to inspect the confinement
arrangement and apparatus such pen or enclosure, as defined in section 10.04.075 of
this code at any reasonable hour to insure compliance with this section.
B. No person owning or harboring or having the care or custody of a dangerous
and/or vicious animal shall suffer or permit such animal to go beyond the premises of
such person unless the animal is securely muzzled and restrained with a chain having
a minimum tensile strength of three hundred pounds and not exceeding three feet in
length or, for animals under twenty pounds, on a chain as determined by the animal
control department to be adequate based on the animal’s size and strength. Such
animal shall be under the control of someone able to control and restrain the animal
and of eighteen years of age or more.
C. No person shall own or harbor any animal for the purpose of fighting any other
animal nor train, torment, badger, bait or use any animal for the purpose of causing or
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encouraging said animal to unprovoked attacks on human beings or domestic
animals. Nor shall any person outfit any animal with a training device for fighting or
attack, such as a weighted collar around the neck of the animal. Nor shall any person
allow an animal to hang suspended from an object by biting into and hanging onto
the object with its jaws.
D. No person shall possess, with intent to sell, or offer to sell, breed, or buy or attempt
to buy within the city any vicious or dangerous animal.
E. Any person owning or harboring or having the care of any dangerous and/or
vicious animal shall maintain a policy of insurance in an amount not less than three
hundred fifty thousand dollars insuring said person against any claim, loss, damage,
or injury to persons, domestic animals, or property resulting from acts, whether
intentional or unintentional, of the dangerous and vicious animal. Such person shall
produce evidence of such insurance upon the request of an law enforcement officer or
animal control officer.
F. Whenever an animal suspected of being dangerous and/or vicious is reported, an
animal control officer may investigate the circumstances, and if s/he or she finds that
the animal by reason of its the animal’s acts, propensities, or disposition, there is
possible cause to believe it is a dangerous and/or vicious animal, as defined in this
title, s/he or she may shall commence the process of having the animal declared
dangerous and/or vicious by providing written notice, in accordance with Sections
1.01.300 and 1.09.110 of this code, to the owner and the person and/or the owner of
the animal that was attacked or bitten by the dangerous and/or vicious animall of the
animal.
The notice shall (1) inform the owner and the person and/or the owner of the animal
that was attacked or bitten by the dangerous and/or vicious animal of the general
facts and circumstances of the incident(s) that provide a basis for the Ccity’s action,
(2) shall state that an the owner may request a mandatory administrative hearing will
be held or twoin writing within five (5) business days from service of the notice to
determine whether grounds exist for the dangerous or vicious declaration, and (3)
shall indicate that at the hearing, if one occurs, as to why the animal in question
should not be declared dangerous or vicious, which if the animal is declared
dangerous and vicious, it would result in include that the animal notify the owner in
writing stating the facts and circumstances that such determination has been made
and that as a dangerous and vicious animal it is to be in the animal control officer’s
discretion to (a) being humanely euthanized destroy in the interest of public safety,
(b) being required that the animal to be maintained as required by set forth in this
section, or (c) a determinatione that the animal is not to be dangerous and/or vicious.
The notice shall also notify the owner of the right to appeal and the time period for
filing an appeal of the determination. The mandatory hearing may be set aside if both
the owner of the dangerous and/or vicious animal, and the person(s) attacked or
bitten and/or the owner of the animal(s) attacked or bitten all waive their rights to an
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administrative hearing and accept the animal control officer’s determination in writing
and delivered such written acceptance to the animal control department.
G. The Oownership interest of an animal under investigation pursuant to this section
or already under such an order declared dangerous or vicious or the appeal of such an
order shall not be transferable transferred to a new owner or caretaker during the
process. Once an animal has been found to be vicious and/or dangerous, this finding
shall remain in effect for the remainder of the life of the animal, and the ownership of
the animal may not be transferred. Animals without an owner found to constitute a
threat to the public welfare will be humanely euthanized destroyed in the interest of
public safety. No ownership rights can or shall be granted to a person other than the
owner of such animals at the time of the determination. The owner of a dangerous
and/or vicious animal must be eighteen years old or older.
G. Upon request, If the owner of an animal declared to be dangerous or vicious by an
animal control officer shall be entitled to timely requests an administrative hearing
before a hearing officer for the purpose of determining whether his or her animal
constitutes a dangerous and vicious animal. The request for an administrative hearing
must be made by the owner of the animal at issue, in writing, and must be delivered
to the animal control department within ten calendar days of receipt of the animal
control officer’s determination that the animal constitutes a dangerous and vicious
animal. After a request for hearing is received, the date of the hearing will be
scheduled no less than five days, but not more than thirty days, from the date of
receipt of request for hearing. The owner of the animal shall be entitled to review all
evidence in the city’s possession to be used by the city in the hearing at least three
days prior to the hearing date.
H. The Ddirector of the Community Development building and safety shall appoint a
person or contract an agency to provide a person who shall act as the hearing officer,
preside at the administrative hearing, and hear all facts and testimony presented and
evidence admitted and deemed appropriate. The hearing officer’s compensation, if
any, shall not in any way be impermissibley tied to his/her decision making
responsibilities. Any person designated to serve as a hearing officer is subject to
disqualification for bias, prejudice, interest, or for any other reason for which a judge
may be disqualified pursuant to Code of Civil Procedure Section 170.1. The owner of an
animal desiring to challenge the hearing officer chosen to preside over the
administrative hearing must file a statement with the city manager objecting to the
hearing officer and setting forth the grounds for disqualification. The question of
disqualification shall be heard and determined in writing by the city manager within
ten days following the date on which the disqualification statement is filed.
I. The hearing officer, after hearing all the facts, reviewing all the evidence
submitted and taking into account the severity of the injury inflicted by the animal in
question, shall render one of three decisions: (a) the animal is deemed vicious or
dangerous and shall be destroyed in the interest of public safety; (b) the animal is
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deemed vicious or dangerous and must be maintained according in accordance with
the provisions of to this section for the remainder of the life of the animal; or (c) the
animal is not deemed vicious or dangerous and is to be released to the owner. The
hearing officer shall deliver the his or her determination of the hearing in writing
within ten days of the hearing to the animal control department and the owner of the
animal at the owner’s last known address. The determination of the hearing officer is
final. Any appeal of the hearing officer’s determination shall be made pursuant to the
provisions of California Food and Agriculture Code Section 31622.
HJ. If, after the appeal administrative hearing, it is determined that the animal is
vicious and/or dangerous, and the hearing officer determines that the animal does not
need to be humanely euthanizeddestroyed in the interest of public safety, the hearing
officer may shall order the owner, and any person harboring or having care of the
animal, to do all of the following:
(1.) Kkeep the animal confined as provided in this section. If suitable restraints or
enclosures ordered by the hearing officer discussed in subsections A and B of
this section are not immediately available, or if the owner or keeper of such
animal fails or refuses to demonstrate that such restraints or enclosures are
available or suitable, or if restraint or confinement is impracticable, the animal
shall be impounded until the owner is able to comply with the hearing officer’s
order. For any such impoundment, the owner shall be liable to the city for
payment of fees as prescribed in Section 10.20.080, and any animal not
reclaimed within thirty calendar days after such impoundment shall be deemed
abandoned and unclaimed and shall be subject to humane euthanization.
destruction.
(2.) Have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a California
licensed Vveterinarian or authorized representative. This procedure shall be
performed at the owner’s expense. The animal will be made available to the
animal control department at a reasonable time for scanning to verify the
procedure and document the identification number of the microchip.
(3.) Ensure the animal completes an obedience course at the owner’s sole expense.
The course must be approved in advance by the Ccity and written proof of
completion must be submitted to the Ccity within sixty (60) days of the owner
being notified of the dangerous and/or vicious animal declaration, or within
sixty (60) days of the animal being released to its owner, whichever is later.
(4.) Obtain and maintain the insurance required by this section, and pay a
supplemental license fee in an amount established by resolution of the city
Ccouncil for the increased costs to the Ccity of maintaining the records of the
animal and performing inspections to ensure compliance with all requirements
imposed.
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(1.)(5.) Comply with any additional orders that the hearing officer determines
are necessary to assure that the public health, safety and welfare are
maintained.
KI. In cases where the animal is not impounded, and written notification of the
dangerous and/or vicious animal declaration has been given as herein provided, if an
owner fails to provide adequate restraint or control of the animal as ordered by the
hearing officer within thirty (30) days, or if the owner thereafter at any time fails to
maintain the adequate restraint or control or comply with the orders of the hearing
officer, the owner shall be guilty of a misdemeanor, and the animal shall be
impounded and subject to summary destruction humane euthanization.appropriate
disposal by the City. Notwithstanding any of the foregoing, nNo animal found to be
dangerous and/or, vicious or a threat to the public health and/or safety shall be placed
up for adoption to the public.
LJ. Any person owning, harboring or having the care of any dangerous or vicious
animal shall have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a trained
professional to be chosen by the animal control department or a veterinarian. This
procedure shall be performed at the owner’s expense. The animal will be made
available to the animal control department at a reasonable time for scanning to verify
the procedure and document the identification number of the microchip. (Ord. 415 § 1,
2005)
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Chapter 10.24 ANIMAL KEEPING
10.24.010 Female dogs to be confined during breeding period.
No owner of an unspayed female dog shall fail, refuse or neglect during the breeding
period of the dog to confine it in such a manner which reduces, so far as is practicable
under the circumstances, the attraction of stray male dogs. (Ord. 415 § 1, 2005)
10.24.020 Wild animals to be confined.
No person owning any wild animal or operating any wild animal establishment, shall
fail, refuse or neglect to keep all wild animals under proper confinement on the
premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor
shall any such person maintain any wild or dangerous or vicious animal on or within
any premises in such a manner as to endanger the life or limb of any person or other
animal lawfully entering the premises. This section shall be read in connection with
the provisions of Sections 10.24.035 and 10.24.050 of this chapter. (Ord. 415 § 1, 2005)
10.24.030 Kennels subject to zoning and health regulations.
Any person maintaining any kennel or pet shop shall conform to the zoning
regulations of the city which are applicable thereto, as well as any applicable health
regulations, and shall allow the animal control department to make an inspection of
the premises at any reasonable hour. (Ord. 415 § 1, 2005)
10.24.035 Standard of care.
Every person within the city who owns any animal or who owns, conducts, manages or
operates any animal establishment for which a license or permit is required by this
title, shall comply with each of the following conditions:
A. Housing facilities for animals shall be structurally sound and shall be maintained in
good repair to protect the animals from injury, to contain the animals and restrict the
entrance of other animals.
B. All animals shall be supplied with sufficiently good and wholesome food and water
as often as the feeding habits of the respective animals require.
C. All animals and all animal buildings or enclosures shall be maintained in a clean
and sanitary condition as per Section 10.24.070.
D. All animals shall be so maintained as to eliminate excessive noise as per Section
10.28.020.
E. Every reasonable precaution shall be used to ensure that animals are not teased,
abused, mistreated, annoyed, tormented or in any manner made to suffer by any
person or other means.
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F. No condition shall be maintained or permitted that is or could be injurious to an
animal.
G. Animal buildings and enclosures shall be so constructed and maintained as to
prevent the escape of animals. All reasonable precautions shall be taken to protect
the public from animals and animals from the public.
H. Every precaution shall be made to isolate sick animals sufficiently so as not to
endanger the health of other animals or persons.
I. Every building or enclosure wherein animals are maintained shall be constructed
of material easily cleaned and shall be kept in a sanitary condition. The building shall
be properly ventilated to prevent drafts and to remove odors. Heating and cooling
shall be provided as required, according to the physical need of the animals, with
sufficient light to allow observation of animals and sanitation.
J. All animal rooms, cages, kennels and runs shall be of sufficient size to provide
adequate and proper accommodations for the animals kept therein.
K. Every animal owner shall provide their animals’ proper shelter and protection from
the weather at all times.
L. No person shall give an animal any alcoholic beverage or unlawful drug unless
prescribed by a veterinarian.
M. No person shall allow animals which are natural enemies, temperamentally
unsuited, or otherwise incompatible, to be quartered together or so near each other as
to cause injury, fear or torment for the animal. If two or more animals are trained to
be placed together and do not attack each other or perform or attempt to perform
any hostile act to the others, such animals shall be deemed not to be natural enemies.
N. No person shall allow the use of any tack, equipment, device, substance or material
that is, or could be, injurious or cause unnecessary cruelty to any animal.
O. No person shall fail to give working animals proper rest periods. Confined or
restrained animals shall be given exercise proper for the individual animal under the
particular conditions.
P. No person shall work, use or rent any animal which is overheated, weakened,
exhausted, sick, injured, diseased, lame or otherwise unfit.
Q. No person shall allow any animal which an animal control officer has suspended
from use to be worked or used.
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R. No person shall display for profit or otherwise any animals bearing evidence of
malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.
S. No person shall allow any animal to constitute or cause a hazard, or be a menace
to the health, peace or safety of the community. (Ord. 415 § 1, 2005)
10.24.040 Maximum number of dogs.
Except for licensed pet shops and kennels, no person shall own, keep or harbor, nor
shall the owner or occupant of any premises keep or permit on or in such premises
more than four dogs of four months of age or older. (Ord. 415 § 1, 2005)
10.24.045 Catteries.
It shall be unlawful to maintain catteries in the city of La Quinta. (Ord. 415 § 1, 2005)
10.24.050 Keeping wild, exotic and dangerous animals and reptiles.
A. No person shall own, keep, harbor or maintain on or in any premises within the city
any wild, exotic, or dangerous animal or reptile without written consent of the
animal control department or absent the proper applicable city, county, state
and/or federal permits. Denial of consent to keep a wild animal by the animal
control department may be appealed pursuant to chapter 2.08 of this code. within
ten days of that denial. The request must be made in writing and delivered to the
director of building and safety within ten calendar days of receipt of the animal
control officer’s decision, which decision shall include notification regarding the
right and procedures for appeal of the decision. The director of building and safety
shall appoint a person or contract an agency to provide a person who shall preside
at a hearing and hear all facts and testimony presented and deemed appropriate.
After a request for hearing is received, the date of the hearing will be scheduled
not less than five days, but not more than thirty days, from the date of receipt of
request for hearing. The hearings shall be held consistent with the procedural
provisions set forth in Section 10.20.090(F) of this title.
B. Subject to the city’s zoning ordinances, only those wild animals, poultry, reptiles
and exotic animals which are permitted by the laws of the state of California to be
possessed, and for which a permit has been obtained from the Department of Fish
and Game, which permit is current, shall be allowed within the city.
C. All wild animals, poultry, reptiles and exotic animals shall be registered with the
animal control department. As a condition to registration, an owner of an animal
must present a valid state permit to the animal control departmentagency.
Application and animal registration shall include, but not necessarily limited to, the
following:
1. The applicant’s name, address, telephone number and, if different, the address
and telephone number of the proposed location where the animal is to be
maintained and the purpose for the keeping of such animals;
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2. A complete description and any identifying tattoos, microchips, brands, or
similar marking of the animal, including its species, name, sex, date of birth
and/or age;
3. Recent color photograph(s) of the animal;
4. A complete description of and plot plan showing the location and the facilities
to be used to insure the keeping of the animal in a safe, secure, and humane
manner;
5. Any information known by the applicant concerning vicious or dangerous
propensities of such animal;
6. Prior history of incidents affecting the public health or safety involving said
animal;
7. Noises and/or odors anticipated in keeping such animal;
8. Written assurance and any supporting instruments that the applicant is in
compliance with all applicable local, state, and federal laws and regulations
regarding such animal;
9. Any additional information required by the animal control department at the
time of filing such application or thereafter.
D. No permit will be granted under this section to a person who has been found guilty
of cruelty to animals.
E. An animal control officer may issue a city permit for a wild, exotic, and dangerous
animal, poultry or reptile if each of the following conditions is met by the applicant to
the animal control officer’s satisfaction: (1) the requirements of the city zoning
ordinance are met; (2) the applicant has obtained any other city, county, state and/or
federal permits required under the law; (3) the applicant has otherwise complied with
city, county, state and/or federal law having to do with the subject animal; (4) the
applicant has made the necessary showing that adequate safeguards have been
established and will be maintained in order to effectively control the dangerous or
vicious propensities of such animal or reptile; (5) the applicant shows that any danger
to individuals or property has been eliminated, that the keeping or maintaining of such
animal or reptile will in no way constitute a nuisance to the occupants of any
surrounding property, and that the proposed site is adequate in size and shape to
accommodate the number and type of animals for which the permit is requested and
will not result in harm to the animals or reptiles or material detriment to the use,
enjoyment or valuation of the property of other persons located in the vicinity of the
site; and (6) upon the applicant’s payment of a fee in the amount set from time to
time by resolution of the city council or in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county. Such permit shall be valid only so long
as the owner possesses all other required governmental permits and does not violate
this title.
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F. The initial fee for the issuance of each permit shall be valid for one year. The fee for
renewal of an unexpired permit shall be the same as for an original permit, unless
modified by a resolution of the city council. Each succeeding year, a renewal permit
shall be obtained by the holder of said permit. In the event such animal is relocated
within the city, a renewal permit shall be obtained for that location at no cost to the
owner. The fee for the issuance of a renewal permit shall be established by city council
resolution or in the absence of any such established amount, the city may collect and
deposit a fee in the same amount as is applicable for similar dog licensing in
unincorporated areas of the county. The fee shall be due and payable each year on
the anniversary of the date of issuance of the initial permit. If during the preceding
year or years, more than one initial permit has been issued to an applicant, the former
permits may be consolidated so that only one renewal permit exists; provided,
however, that the renewal date for the consolidated permit shall be the expiration
date of the earliest initial permit.
G. The premises on which said animal is maintained shall be open at any reasonable
hour for inspection by the animal control officersdepartment. Permits issued pursuant
to this section shall be surrendered for inspection by the permittee upon request of an
animal control officer or law enforcement officer.
H. The animal control department may revoke any permit issued pursuant to this
section whenever an animal control officer determines from an inspection, or an
inspection and report by the California Department of Fish and Game, or an
investigation of a cruelty complaint, that any permittee fails to comply with all of the
conditions of this title, or is found to be in violation of any city, county, state or federal
law. A notice of revocation shall be provided to the permit holder. The notice shall
state that it will not be effective for a period of ten calendar days, during which the
permit holder may appeal the determination. The procedures for appeal shall be those
set forth in subsection A of this sectionchapter 2.08 of this code. Nothing in this
section shall be construed to prevent the animal control department from taking any
and all actions permitted by law to prevent cruelty to animals.
I. If, after having his or her permit revoked, the permittee proves to the satisfaction
of the animal control department that each of the conditions and requirements set
forth in this section and any other applicable section have been met, the animal
control department will provide the permittee a written notice indicating such
compliance and, upon receipt of such written notice, the permit shall be deemed in
full force and effect. Nothing in this section shall be construed to prevent the animal
control department from refusing to reinstate such permit if it is believed to be in the
best interest of the public or the health or safety of the animal involved.
J. Notwithstanding any of the foregoing, the ownership of venomous reptiles shall be
prohibited in the city. No person shall own, keep, harbor or maintain on or in any
premises within the city any venomous reptile. Nothing in this section, or in this title,
or in the city of La Quinta Municipal Code shall be construed as to allow the possession
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of such animals within the city limits with or without applicable permits. (Ord. 415 § 1,
2005)
10.24.060 Animals near buildings.
It is a public nuisance and it is unlawful for any person to keep any animal, poultry, or
bird, wild or domestic, except customary household domestic pets, within fifty feet of
any building, school, church, hospital, or any residence or dwelling house or other
buildings used for the habitation of human beings. (Ord. 415 § 1, 2005)
10.24.070 Animals on unsanitary premises.
It is a public nuisance, and it is unlawful, for any person to keep or permit to be kept
on any premises any wild or domestic animal, poultry, or bird, when the premises or
the animal, poultry or bird is offensive, obnoxious, filthy, or maintained in any
unsanitary condition. (Ord. 415 § 1, 2005)
10.24.080 Livestock prohibited in certain areas.
No livestock or hoofed animal, barn yard poultry, or rabbits may be kept on any lot or
combination of adjoined lots less than one acre in size as per this code. No person
may keep more than two horses per one acre parcel. For parcels in excess of one acre,
up to three horses per additional acre or portion thereof shall be allowed. Foals under
one year of age shall not be counted in calculating the maximum number of horses
under this section. (Ord. 415 § 1, 2005)
10.24.090 Disposal of carcasses.
Unless otherwise instructed by city, state or federal officials, it is a public nuisance,
and it is unlawful, for the owner, possessor, or the person responsible for the death
thereof, to fail to cause any dead animal or part thereof to be buried later than six
hours after the death of such animal. For purposes of this section, “buried” means to
be placed underground so that there is at least three feet of soil above the carcass of
the animal for animals weighing two hundred pounds or less and at least six feet of
soil above the carcass of an animal weighing more than two hundred pounds. In the
alternative, “buried” for purposes of this section also means to be disposed of in some
sanitary manner approved in writing by the city; provided, however, that this section
shall not apply to animals slaughtered for and fit for human food or animals killed in
violation of Chapter 10.16 of this title. (Ord. 415 § 1, 2005)
10.24.100 Dangerous animals from outside city jurisdiction.
The owner of any animal introduced into the city which has been determined to be
dangerous, vicious, a nuisance, or a threat to the health and safety of humans or
animals by another jurisdiction, shall conform to the standards set forth in Section
10.20.090 of this title. (Ord. 415 § 1, 2005)
An animal that has been declared dangerous or vicious in any legal proceeding
hearing, as a result of aggressive behavior, outside the confines of the Ccity of La
Quinta, may not be relocated temporarily or permanently within the city of La Quinta.
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10.24.110 Keeping of guard dogs.
It shall be unlawful to keep a guard dog on any premises, unless the guard dog is
fenced within the premises or confined within the building and kept in such a manner
that it cannot come into contact with persons or other animals that are lawfully on
said premises. Any premises containing a guard dog shall also be posted at every fifty
foot interval around the perimeter of the area guarded by the guard dog and at all
entrances and exits to the area. In locations where the minimum outside dimensions
are less than fifty feet, the signs shall be placed at the beginning and end of that
premises. The signs shall state: “WARNING—GUARD DOG ON DUTY.” Such signs shall
also state the name, address, and telephone number of the guard dog company
furnishing the dog for hire, if any, and the telephone number of the owner or caretaker
of the premises. Each guard dog in use in the city shall be registered and licensed in
the city and have a tag affixed to its collar which must be worn at all times. (Ord. 415
§ 1, 2005)
10.24.120 Permit required.
Any person or business desiring to transport into the city for any commercial or
business related purposes, including, but not limited to, advertisement, circus, rodeo,
petting zoo, or animal rental, any animals considered large or dangerous including,
but not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo
animals, and large snakes, shall first obtain a permit from the animal control
department. If requested by the animal control department, such person or agency
will also make available to the animal control department the animal in question and
veterinary records of the animal in question for the purpose of inspecting its health
and safety. Such person or business shall make available to the animal control
department the name, address, and contact information of the handlers/keepers of
the animal for emergency purposes. Such person or business shall also make available
to the animal control department the person or business emergency capture
procedures and capture equipment for inspection purposes to insure the safety of the
citizens of the city and the safety of the animals in question. If, in the belief of the
animal control department, the entry of such animals into or the continued presence
of such animals in the city constitutes a threat to the public health and safety, said
permit application may be denied. The permit, if issued, shall be subject to immediate
revocation if the animal control department determines that the presence of such
animals in the city constitutes a threat to the public health and safety. (Ord. 415 § 1,
2005)
10.24.130 Mandatory microchipping of dogs.
A. All dogs over the age of four months must be implanted with an identifying
microchip by a California licensed Vveterinarian or authorized representative.
The owner or custodian is required to provide the microchip number to the Ccity,
and shall notify the Ccity of any change of ownership of the dog, change of
address, or telephone number. Nothing in this section supersedes, eliminates, or
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alters the requirements of La Quinta Municipal Code 10.08.010, and any other
licensing requirements of this chapter.
B. Exemption. The mandatory microchipping requirements shall not apply to a dog
with a high likelihood of suffering serious bodily injury if implanted with the
microchip identification. The owner or custodian of the dog must provide written
confirmation of that fact from a California licensed veterinarian.
C. Transfer and or sale of dogs. An owner or custodian who offers any dog, at any
age for sale, trade, or adoption must provide the microchip identification number
and the valid dog license number with the offer of sale, trade or adoption. The
license and microchip number must appear on a document transferring the dog to
the new owner. Both the previous owner or custodian, and new owner, or
custodian, are required to update the Ccity with the name and address of the new
owner or custodian in accordance with subdivision (A) of this section. Any violation
of this chapter shall be issued an administrative citation and be subject to the
penalties and procedures provided in chapter 1.09 of this code.
D. When an impounded dog is without microchip identification, in addition to
satisfying applicable requirements for the release of the animal, including but not
limited to payment of impound fees, the owner or custodian shall:
Hhave the dog implanted with a microchip by a California Llicensed Vveterinarian, or
authorized representative entirely at the owner, or custodian’s expense. A written
statement confirming that the microchip has been implanted, must be provided to
the Ccity with the implanted microchip number. The dog in custody will be released
to the owner or custodian after the procedure has been completed along with all
other conditions precedent to release.
10.24.140 Backyard Bbreeding prohibited.
No person(s), shall sell, transfer or give away all or part of 2 or more litters, or 8 or
more dogs that were bred and reared on a residentially zoned property during a
preceding 12 month period.
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Chapter 10.28 OFFENSES
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or premises, or in or upon
any unenclosed private place or premises, or in or upon any enclosed private place or
premises other than those of the owner or keeper except with consent of the person in
charge of the private place or premises where the dog is found, unless the dog is
securely restrained by a substantial leash not exceeding twelve feet in length and is in
charge and control of a person competent to keep the dog under effective control. No
lead, leash, tether, or chain used to secure a dog on private property shall extend into
the right-of-way. Voice control, electronic control, eye control or signal control shall
not be considered adequate restraint. If any dog at large bites any person, the owner
or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as
provided in Section 10.16.090.
B. Any animal found at large three times or more during any twenty-four month
period shall be deemed a public nuisance. Such animal, upon impoundment, will be
held until the owner provides secure containment for the animal and satisfactory
proof of liability insurance. The owner shall be responsible for any fees incurred in
holding the animal. If the owner fails to provide acceptable containment within thirty
days, the animal may be humanely euthanized destroyed by humane means after
following the normal procedures for impounded animals. Only when acceptable
containment has been provided, and approved by the animal control department, will
the animal be released to the owner. The determinations by the animal control
department shall be subject to appeal, and any appeal to a decision under this section
shall be handled consistent with the hearing procedures as set forth in Section
10.20.090 of this title. (Ord. 482 § 3, 2010; Ord. 415 § 1, 2005)
10.28.015 Livestock/poultry at large.
No owner or keeper of livestock or poultry shall allow, permit or suffer the animal or
bird, whether licensed or unlicensed, to be or run at large in or upon any public place
or premises, in or upon any unenclosed private place or premises, or in or upon any
enclosed private place or premises other than those of the owner or keeper except
with consent of the person in charge of the private place or premises. No lead, leash,
tether, or chain used to secure any animal or poultry shall extend into the right-of-
way. (Ord. 415 § 1, 2005)
10.28.020 Noise disturbances by animals.
A. No person owning, keeping or having in his/her or her care or custody any animal
shall knowingly permit the animal, by any barking or other noise or sound, to disturb
any other person’s peace and quiet. This section shall not be construed to prohibit the
keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet
the dog whenever it barks, and provided the keeper never leaves the dog unattended
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on the premises in a place where the dog’s is barking, if prolonged or if repeated an
undue number of times, disturbs any other person’s peace and quiet.
B. No person, after being informed orally or in writing that his/her or her animal has
by noise or sound disturbed any other person’s peace and quiet, shall fail, refuse or
neglect to take whatever steps or use whatever means is necessary to ensure that the
dog or animal does not again disturb the other person’s peace and quiet. (Ord. 415 § 1,
2005)
10.28.025 Animal defecation to be removed by the owner.
A. Any person owning, keeping or having in his or her care or custody any animal shall
not fail, refuse or neglect to clean up any feces of the animal immediately and dispose
of it in a sanitary manner wherever the animal has defecated upon public or private
property without the consent of the public or private owner or person in lawful
possession or charge of the property.
B. The provisions of subsection A of this section shall not apply to a blind person
being accompanied by a service animalguide dog, nor shall they be construed to allow
any act of trespass upon private property. Whenever the feces to be cleaned up
cannot be reached without significant trespass upon the private property on which the
feces is located, the person having the duty pursuant to subsection A of this section to
take action shall first obtain consent to do so from the owner or person having lawful
possession or charge of the property. (Ord. 415 § 1, 2005)
10.28.030 Retention of animal by one other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any dog or other animal of which s/he or she is not the owner for more
than twenty-four hours without first reporting the possession of such animalwhich to
the animal control officer, giving his/her or her name and address and the true
description of the dog or other animal, and then causing the dog or other animal to be
impounded at the city shelter or city-contracted shelter for return to the owner. Any
person so holding an animal shall surrender such animal upon demand of the animal
control officer. At the discretion of the animal control officer, any such finder of an dog
or other animal may be allowed to retain possession of the dog or other animal in lieu
of impoundment. In such a case, the animal control officer shall make all normal and
regular efforts to ascertain the true owner of the dog or other animal and advise
him/her or her of the whereabouts of the dog or other animal. (Ord. 415 § 1, 2005)
10.28.040 Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city shelter or city-
contracted shelter without the consent of the animal control officer. No person shall
remove any animal from the custody of the animal control officer, including any
animal control department vehicle or any vehicle in use by the animal control
department or from any humane live trap in use by the animal control department or
its authorized agents. (Ord. 415 § 1, 2005)
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10.28.050 Dogs at public schools prohibited.
No person shall bring any dog, except a service animal seeing eye dog for the blind, a
signal dog for the deaf, or a service dog for the handicapped, onto any public school
property while school is in session. This section shall not, however, be deemed to
prohibit the use of dogs on school property for teaching or other school uses when
approved by the proper school authorities. (Ord. 415 § 1, 2005)
10.28.060 Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate,
injure, disable or kill any dog being used by any law enforcement officer in the
performance of his/her or her duties, or interfere with or meddle with any such dog
while being used by such officer in the performance of any of his/her or her functions
or duties. (Ord. 415 § 1, 2005)
10.28.070 Public nuisance.
A. The introduction, ownership, possession or maintenance of any animal, or the
allowing of any animal to be in contravention to this title is, in addition to being a
violation of the applicable section, declared to be a public nuisance. The city manager
or designee, the animal control officer, the county health officer, and peace officers
are authorized, directed and empowered to summarily abate any such public nuisance
independently of any criminal prosecution or the results thereof by any means
reasonably necessary including, but not limited to, the destruction of the animal or
animals involved when appropriate or by the imposition of specific reasonable
conditions and restrictions for the maintenance of the animal.
B. Any person who fails to comply with any conditions and restrictions imposed
pursuant to this section shall be guilty of a misdemeanor. The owner shall reimburse
the city for all costs incurred in verifying compliance and enforcing the provisions of
this section. The city may also commence proceeding in accordance with the
provisions of Chapter 11.72 of this code relative to abatement procedures for public
nuisances.
C. Any person violating the provisions of this chapter shall reimburse the city for any
and all costs incurred by the city in responding to, investigating, assessing, monitoring,
treating, cleaning, removing, or remediating any action taken or condition caused in
violation of this chapter. Such costs to be paid to the city shall include all
administrative expenses and all legal expenses, including costs and attorney’s fees in
obtaining compliance and in litigation, including all costs and attorney’s fees on any
appeal. The costs to be recovered pursuant this section shall be recoverable from any
and all persons violating this chapter. (Ord. 415 § 1, 2005)
10.28.080 Confining animals in motor vehicles.
A. No person having ownership, charge, or custody of an animal, as owner or
otherwise, shall place or confine an animal or allow such animal to be placed or
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confined or to remain in an enclosed vehicle or for such period of time as may
endanger the health or well-being of such animal due to heat, cold, lack of food or
such other circumstances as may reasonably be expected to cause suffering, disability
or death. In such circumstances, an animal control officer may act in the best interest
of the animal, including taking action to remove the animal in cases of immediate
threat. This section shall not be applicable to animals which are in an animal control
officer’s or a peace officer’s vehicles while such animal control officer or peace officer
is engaged in their duties.
B. When an animal has been removed from a vehicle pursuant to this section, the
animal control officer shall cause to be posted in a conspicuous place on said vehicle a
notice which shall state that the animal has been removed from the vehicle pursuant
to La Quinta Municipal Code Section 10.28.080, where the animal has been
impounded, the procedure whereby the owner of said animal may regain custody of
the animal, and notice that the owner may be liable for impound fees and costs. (Ord.
415 § 1, 2005)
10.28.090 Causing another person’s animal to be disposed of.
A. Every person contacting the city’s animal control department or taking an animal
to the animal control department for impoundment or disposal shall, if the animal is
not owned by him/her or her, inform the animal control department who the lawful
owner is, if known, and where and when the animal was found. If the lawful owner
cannot be determined, the animal control officer shall keep the animal as prescribed
in Section 10.20.030 of this title.
B. It shall be unlawful for any person to take, deliver, or have delivered an animal to
the animal control officer or the city shelter or city-contracted shelter for
impoundment or disposal without disclosing to the animal control officer or the city
shelter or city-contracted shelter the name of the lawful owner of such animal, if
known.
C. It shall be unlawful for any property owner, or responsible person(s), including any
natural person, the parent or the legal guardian of any natural person under the age
of eighteen years, any corporation, association, organization, estate, group,
combination acting as a group, or any officer, agent, employee, or servant of any of
the foregoing, to fail to board any animal left behind by a tenant. Any property owner
or responsible person that fails to make arrangements for the humane sheltering and
care of said animal for the length of time required by law and/or fails to make
arrangements with the sheltering agency is in violation of this section.
D. Enforcement of this section shall be performed by administrative citation. Each day
such violation is committed or permitted to continue shall constitute a separate
offense. When an animal is found at large and is known to be from a vacant property,
it shall be deemed in violation of this section if the property owner or responsible
person fails to take control of the animal immediately. Not
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withstandingNotwithstanding any other provisions of this code, the fine for violation
of this section after receiving a warning from the animal control officer shall be in
accordance with chapter 1.09 of this code.one hundred dollars for a first offense, two
hundred dollars for a second offense, and four hundred dollars for third and all
subsequent offenses. In order for the fines to escalate for multiple offenses as
described herein, the offenses must occur within a twelve-month period. (Ord. 415 § 1,
2005)
10.28.100 Feeding of wild animal prohibited.
No person shall feed or in any manner intentionally provide food as sustenance or to
encourage domesticity in a non-domesticated or wild animal with the exception of a
bird feeder in the yard. A person may feed or provide food to a wild animal under the
following circumstances:
A. When the wild animal is maintained, treated or fed pursuant to a valid certificate
or permit issued by the state of California or an agency of the United States
Government;
B. When the wild animal is maintained, treated or fed between the time the animal
control officer or Humane Society is notified and the wildlife is picked up by an
appropriate agency. (Ord. 415 § 1, 2005)
10.28.110 Wildlife protected.
Other than in self-defense, no person shall kill, capture or molest any species of wild
animal or damage the nest or eggs of any wild animal within the city, except any
poisonous reptile or insect; provided, however, that if it is determined by the city
manager, or authorized representative, that a wild animal has become a menace to
any person’s health, safety or property, the city manager shall issue a permit
authorizing any person to kill or capture the wild animal. In no event shall any person
use or employ poison or diseased material to kill or capture any wild animal. This
section shall not pertain to rats and vermin animals unless such animals are otherwise
protected under the law. (Ord. 415 § 1, 2005)
10.28.120 Importing or transporting diseased animals.
A. It is unlawful for any person to bring or receive in, or to transport from place to
place within the city any animals affected with any contagious, infectious, or
communicable disease without written permission from the animal control
department, except such diseased animals as are specifically permitted to enter the
state of California and the county of Riverside under federal or California state
regulations, and only under the conditions and for the purpose prescribed in the
federal and state regulations governing the movement of such animals.
This section shall not apply to actions taken except for the purpose of immediate
destruction by humane means, or for immediate medical treatment. All animals
brought into the city in violation of this section shall be subject to possible quarantine,
examination and test, all at the expense of the owner, by the animal control officer or
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his/her or her appointed agents, who may dispose of such animals consistent with the
provisions of this title to safeguard the health, safety, and welfare of the residents of
the city and the protection of the health of the animals therein.
B. It is unlawful for any person to bring into or receive in, or to transport from place to
place within, the city, any animal of a species known to be capable of carrying the
rabies virus from any other jurisdiction, city, county, state or country in which a
reported case of rabies exists or has existed within the preceding six months. (Ord.
415 § 1, 2005)
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City of La Quinta
CITY COUNCIL MEETING: NOVEMBER 3, 2015
STAFF REPORT
AGENDA TITLE: CODE COMPLIANCE COMMUNITY OUTREACH FINDINGS REVIEW
RECOMMENDATION
Review findings of the community outreach effort and the Action Plan.
EXECUTIVE SUMMARY
• Code Compliance is responsible for numerous issues including abandoned vehicles,
property maintenance, health and safety, building code compliance, zoning, and
substandard housing.
• In an effort to design a more comprehensive code compliance program, a
community outreach effort was conducted via two community meetings and an
on-line survey.
• The findings (Attachment 1) indicate a community preference for increased code
compliance efforts.
• An Action Plan has been developed to engage the public, create partnerships, and
educate residents, and initiate a pro-active compliance effort.
BACKGROUND/ANALYSIS
In 2012, the City reduced its work force in order to address operating budget deficits.
Code compliance staff was reduced and code officers were assigned both code
compliance and animal control duties. The City currently has five code officers, four of
which conduct both code and animal control activities.
When the City Council made the tough decision to reduce the Code Compliance staff, the
Council pledged to revisit this issue and craft a community oriented code compliance
program. During the 2015/16 Operating Budget deliberations, the Council directed staff to
explore expanding the City’s animal control services contract with Riverside County
(County animal control provides after hour, weekend and holiday animal control services)
so that the current staff resources may concentrate on code compliance efforts. Staff
has negotiated an expanded contract, which will be scheduled for Council consideration
on November 17, 2015.
City staff also conducted research to identify which code-related issues are most
important to the community in order to streamline and prioritize code compliance efforts.
Staff developed an online survey and conducted two outreach meetings in September at
the La Quinta Museum and La Quinta Homewood Suites. The outreach effort was
designed to collect input about code violations, how they are reported, ways to help
STUDY SESSION NO. 1
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residents better understand requirements, and what issues need the most attention.
Animal control violations were omitted as they continue to be the most reported issues.
Residents were asked to rank code violations of most concern and which violations
they most commonly observe; 213 responses were collected. The top three concerns
were:
Commonly Observed
1. Property Maintenance 80%
2. Weed Abatement 46%
3. Vehicle Violations 33%
Per GoRequest data, property maintenance is also the most reported code violation
(excluding animal control). This would indicate that while residents are reporting some
property violations, a significant amount remain un-reported. The findings also indicate
that 71 percent of violations are reported via email and GoRequest, and slightly over 40
percent of respondents said they would feel comfortable discussing code violations
directly with their neighbors. Additionally, the survey showed that while 55 percent of
residents are “somewhat familiar” with the Municipal Codes, more information would be
appreciated via “The Gem,” flyers and other outlets. These findings indicate that code
violations require additional attention to ensure residents’ expectations are met.
ACTION PLAN
Staff recommends that the City embark on a pro-active Code compliance effort once the
County assumes full animal control services. This effort would encompass the following
elements.
Community Out-Reach/Involvement/Partnerships:
Staff would engage organizations such as the homeowner associations, the Cove
Neighborhood Association, the Rotary Club, and other property and neighborhood
oriented organizations to inform the community of the City’s property maintenance
codes, and the City’s renewed effort to seek compliance. The Gem, other publications and
social media will also be employed. The purpose will be:
• Reacquaint the community with the standards that the community wishes to
maintain,
• The economic and public safety benefits resulting from maintaining a high quality
community, and
• The City’s pro-active efforts to achieve code compliance.
Staff will also seek to engage the aforementioned organizations in efforts to assist
property owners who may have health or financial challenges, and require assistance in
achieving compliance. Staff would act as a resource and be part of the solution.
Code Compliance Initiatives:
Once the Community Outreach effort is underway, staff will canvass three-block
neighborhoods that exhibit the most code compliance issues. As part of developing this
initiative, staff conducted a windshield survey of the non-gated neighborhoods and
identified neighborhoods that are beset by code compliance challenges. Starting in these
areas, the Code Officers would first reach out to residents/owners and inform them of
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their code violations. After a 60-day grace period, the Officers would then cite the
owners. This approach was used previously and dramatic improvements occurred. This
effort would then roll to another neighborhood and start again. The Code Officers would
then revisit these areas on a periodic basis to ensure conditions do not degrade.
Complaint based violations would also be handled as is current practice. Finally, a
database would be established and maintained, and reviewed quarterly to identify best
practices and needed improvements.
Staff is prepared to launch this effort this fall. The City Council will be requested to
consider contracting animal control services to Riverside County on November 17, 2015.
If the Council elects to go in this direction, staff will then launch the community
engagement effort.
Prepared by: Anthony Moreno, Animal Control/Code Compliance Supervisor
Approved by: Edie Hylton, Deputy City Manager
Attachment: 1. Code Compliance Outreach Results
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Q1 What violations listed concern you
most? In your opinion, please rank them
numerically from most important to least.
Answered: 208 Skipped: 0
Property
Maintenance...
Weed Abatement
(Overgrown/F...
Vehicle
Violations...
Building Code
(Unpermitted...
Hazardous
Conditions...
Zoning
(Homeless...
Parking
(Illegally...
Commercial
(Over-sized...
Unpermitted
signs or...
Garage Sale
Permits...
1 2 3 4 5 6 7 8 9 10
9
7
7
6
6
6
6
5
4
3
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Code Compliance Community Outreach SurveyMonkeyATTTACHMENT 1
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Q2 What violations do you most commonly
observe in the City of La Quinta?
Answered: 201 Skipped: 7
Property
Maintenance...
Weed Abatement
(Overgrown/F...
Vehicle
Violations...
Parking
(Illegally...
Unpermitted
signs or...
Building Code
(Unpermitted...
Garage Sale
Permits...
Hazardous
Conditions...
Zoning
(Homeless...
Commercial
(Over-sized...
0%10%20%30%40%50%60%70%80%90%100%
80%
46%
33%
31%
17%
12%
12%
9%
9%
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Q3 What is your preferred method to report
a violation?
Answered: 200 Skipped: 8
Telephone
25% (49)
Email
45% (90)
Fax
1% (2)
GORequest Mobile
App
26% (52)
In Person
4% (7)
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Q4 If you called in a complaint, would you
be willing to provide your contact
information, or would you prefer to remain
anonymous?
Answered: 201 Skipped: 7
Yes, I would be
willing to provide
my contact
information.
57% (114)
No, I would prefer
to remain
anonymous.
43% (87)
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Q5 How would you resolve a code violation
issue with your neighbor, would you feel
comfortable discussing the issue directly
with your neighbor or would you contact
the city?
Answered: 201 Skipped: 7
Directly
Contact City
0%10%20%30%40%50%60%70%80%90%100%
42%
58%
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Q6 How familiar are you with La Quinta's
Municipal Codes?
Answered: 200 Skipped: 8
Very familiar Somewhat familiar Not familiar
0%
20%
40%
60%
80%
100%
8%
55%
37%
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Q7 Do you think the City provides enough
information to educate the public on code
violations?
Answered: 199 Skipped: 9
Yes
24% (48)
No
76% (151)
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Q8 What outreach methods would you find
most beneficial to educate the public?
Answered: 199 Skipped: 9
City Website
GEM Newsletter
Social Media
Informational
literature...
On-site
meetings
Educational
events
0%10%20%30%40%50%60%70%80%90%100%
21%
31%
17%
21%
5%
5%
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Q9 Please provide feedback on how Code
Compliance Staff can better serve the
community.
Answered: 110 Skipped: 98
#Responses Date
1 Consistency between planners and approachability 9/13/2015 9:44 AM
2 Very happy to call La Quinta home!9/11/2015 3:59 PM
3 Special articles in the weekend section of Daily Sun would be great.9/11/2015 3:40 PM
4 City needs to mail codes to all residents, so everyone becomes aware of them 9/11/2015 7:10 AM
5 Mail codes to residents and contact phone numbers to report violations 9/10/2015 10:28 PM
6 I have not lived here long enough to answer this fairly 9/10/2015 9:25 AM
7 An issue is closed once it is assigned from GoRequest. Then, no updates are received. But, some issues take a long
time to get resolved. There needs to be a mechanism that will update the reported issue until its final resolution.
9/10/2015 7:05 AM
8 Clean up parts of the city that need it, cars on lawns, junk all over the place 9/9/2015 7:04 PM
9 Trash Cans Are Not Being Brought in for days...9/9/2015 4:30 PM
10 A new letter informing public of particular codes and feed back as to hoe issues have been solved orate being worked
on
9/9/2015 4:27 PM
11 community events, mixers 9/9/2015 3:07 PM
12 Remind Staff they are our employees, not the other way around.9/9/2015 10:20 AM
13 Newsletter 9/9/2015 10:09 AM
14 Be consistent 9/8/2015 5:31 PM
15 Revamp the codes.9/8/2015 4:18 PM
16 Mind their own business 9/8/2015 3:46 PM
17 The city has not responded to code violations in the past. Why should we expect them to respond in the future?9/8/2015 3:15 PM
18 Please look into the possibilities of allowing chickens, rabbits, and beehives. Just small numbers for a family.9/8/2015 12:11 PM
19 Maybe the public works staff that drive around the city could look for code violations too as part of their jobs and report
them to the proper department for follow up
9/8/2015 11:35 AM
20 Respond quickly to code violation complaints 9/8/2015 9:47 AM
21 Publish corrections when they occur. This will encourage more reporting.9/8/2015 9:40 AM
22 Education 9/8/2015 9:17 AM
23 information about existing municiple codes 9/8/2015 9:04 AM
24 Answer the phones and return messages. Drive around the Cove and site the offenders. It used to be done 20 years
ago when we moved here. The Cove is, once again, falling into disrepair. We're being completely ignored when it
comes to community upkeep.
9/8/2015 8:43 AM
25 Doing a good job need more people 9/8/2015 8:12 AM
26 Better inform the residents via mailer/local newspaper 9/8/2015 7:55 AM
27 If you report an animal violation, please keep it anonymous. We had a neighbor who broke our window-twice. Why
weren't animal violations listed in the survey?
9/8/2015 7:41 AM
28 Education and awareness of code regulations.9/8/2015 7:01 AM
29 "Other" sect on surveys 9/8/2015 6:42 AM
30 deal with dangers as a priority 9/8/2015 6:22 AM
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31 Respond to voicemail. I have called twice and never received a return phone call to acknowledge the call.9/8/2015 6:22 AM
32 What about short term rentals which are essentially hotels, a business being operated areas zoned for single family
residency? That is my biggest code violation complaint.
9/8/2015 5:50 AM
33 Keep doing the good job you are doing!9/8/2015 5:30 AM
34 Have Somebody Bust The People That Steal Mail In The Cove 9/8/2015 5:06 AM
35 What about loud noise! Where does that fall? What about the MANY cats allowed to prowl and spray and poop all
over, in our gardens and kid sandboxes?
9/8/2015 3:58 AM
36 Updates on new codes and on violations 9/7/2015 10:18 PM
37 Better communication and awareness 9/7/2015 5:59 PM
38 Have all roving city employeed use GoRequest to report violations.9/7/2015 3:28 PM
39 I don't mind providing my contact info when reporting a violation, but I prefer to remain anonymous when the City
contacts the 'violator'.
9/7/2015 9:54 AM
40 No suggestions 9/7/2015 9:13 AM
41 I think this survey is a great start. Thank you 9/7/2015 9:11 AM
42 More education I guess 9/5/2015 7:19 PM
43 Communicate and follow up on violators 9/5/2015 2:48 PM
44 Leave the office open your eyes and look,civic park good example 9/4/2015 3:30 PM
45 Follow through with complaints, I have complained for over a year regarding the house across from me and nothing
has been done!
9/4/2015 3:06 PM
46 Generaly I think LQ is doing a good job!9/4/2015 1:46 PM
47 regularly communicate and inform the community of city ordinances that relate to the overall image and expectations
of the community. Further, publish enforcement procedures and actions as related to the zoning infractions.
9/4/2015 9:44 AM
48 Home value 9/4/2015 7:38 AM
49 I remember a time when we would see a code compliance officer driving throughout the cove regularly. Why couldn't
that be started again?
9/4/2015 4:40 AM
50 balance and fairness 9/4/2015 4:19 AM
51 Continue to provide current information 9/4/2015 1:06 AM
52 Keeps the city safe so unwanted people are not attracted to this area and the obvious, it makes the city look it's best! 9/3/2015 9:57 PM
53 provide compaintant with somekind of progress report. some violators dont learn, they are repeat offenders and it
becomes very stressful continuously complaining about the same issue.the city needs to identify these types of
conditions and escalate the violators, especially renters. these conditions severely diminish the quality of life for those
that are homeowners dealing with repeated offenders. the city needs to step in and have repeat violaters removed
from the residence if they refuse to correct violations. Income property owners who go astray should lose their rental
property privledges.
9/3/2015 8:52 PM
54 Equal enforcement of the Code. After 20 years I was told to take down a wooden shade shelter that was there when I
purchased the property - yet I see other code violations around the cove. It cost me to take the structure down after I
had it reinforced and painted to make it look great and then three years later I was told to take it down. When I
questioned why - it had been there 20 years and was OK when I purchased the property - I was told it should not be
there. Yet, I see a number of violations within a few blocks that are not addressed.
9/3/2015 8:06 PM
55 stop hearing about all the cut back in your department we pay healthy taxes, less driving more action please.9/3/2015 5:38 PM
56 Social media!9/3/2015 5:13 PM
57 Not sure. . . I need to know what the Code Compliance Staff is already doing. . . I was also NOT aware there was a
Code Compl Staff for La Quinta.
9/3/2015 4:59 PM
58 You need strategic and focused marketing efforts and outreach aimed at educating residents about the municipal code
and how they can have a voice in local government.
9/3/2015 3:52 PM
59 I have been satisfied with the contacts I have made with code compliance so far.9/3/2015 3:34 PM
60 I believe they are doing a good job 9/3/2015 3:28 PM
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61 I have been very pleased with my interactions with LQ's CEO's.9/3/2015 2:56 PM
62 Make sure residents keep their homes looking nice, upgrades the community and property values 9/3/2015 2:08 PM
63 be more visible and fine violators.9/3/2015 11:34 AM
64 Keep us posted on changes in codes.9/3/2015 9:29 AM
65 beuatify, increase value,encourage more buying 9/3/2015 9:22 AM
66 Fine people with poor lawns and garbage in the lawn 9/3/2015 8:42 AM
67 Proactive rather than reactive. Increase staffing 9/3/2015 6:37 AM
68 do not allow short term rentals in neighborhoods!9/2/2015 9:57 PM
69 Inforcement 9/2/2015 9:50 PM
70 Hire me for Cove Code Compliance Monitor. I will driven walk, or bike the Cove locating what is not compliant to our
codes. I have great peoplle skills and would run interference for the city and encourage changes through discussion. I
would immediately see why nothing has been done about the burned down house that I have to look at out my kitchen
window.
9/2/2015 9:43 PM
71 Communicate more frequently. Hard to tell what systemic code violations we have and what the enforcement history &
outcomes have been. And as a result what actions are/were taken esp new regs/codes.
9/2/2015 8:50 PM
72 how to contact, what are appropriate complaints, acknowledgement of complaint received.9/2/2015 8:49 PM
73 We just moved here but had dispute with neighbor regarding plant flora. City website helpful but needed help from
staff. Staff was great and very responsive. No suggestions at this time. Thanks for asking! Greg 442.324.0177
9/2/2015 8:36 PM
74 I'm pretty pleased.9/2/2015 8:30 PM
75 Be proactive in keeping the Cove looking nice--not just responding to people who complain-a more even enforcemen.
Broken down fences are probably the thing that could be focused on at this point.
9/2/2015 8:23 PM
76 send letters to people who let their property get run down and then fine them 9/2/2015 8:21 PM
77 I am very new to La Quinta so I say N/A 9/2/2015 8:21 PM
78 Post in the Gem, or on occasion post a few notes in the Neighborhood link 9/2/2015 7:08 PM
79 Keep the citizen more inform , no closed door meeting 9/2/2015 6:53 PM
80 More visibility in the community.9/2/2015 6:34 PM
81 Patrol the area daily and report issues 9/2/2015 6:31 PM
82 I would love to see foreclosure home landscaping be a mandatory responsibility of the lender 9/2/2015 6:11 PM
83 Enforce the codes we have in place.9/2/2015 6:08 PM
84 Education but I don't see many problems.9/2/2015 5:55 PM
85 Site the people who keep breaking the laws or commit violations 9/2/2015 5:49 PM
86 Be timely and objective 9/2/2015 5:47 PM
87 Not sure 9/2/2015 5:40 PM
88 Make us aware of areas of growing violations. And whether HOAs have the authority to make further restrictions and
enforce them
9/2/2015 5:34 PM
89 Enforcement of Chapter 8.13 WATER EFFICIENT LANDSCAPING 9/2/2015 5:27 PM
90 More info in the Gem 9/2/2015 5:20 PM
91 By being more lenient and not so crazy about every little thing. You guys are annoying.9/2/2015 5:18 PM
92 respond to complaints timely 9/2/2015 5:18 PM
93 Unknown 9/2/2015 5:10 PM
94 remove the requirement that you always have to secure neighbour witness statements as often they will not provide as
fear retaliation or they are renters and couldn't care less about the city compliance issues
9/2/2015 5:09 PM
95 Hoping Code Compliance Staff uses discretion in citing it's community and doesn't go overboard dealing with minor
issues.
9/2/2015 5:08 PM
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Code Compliance Community Outreach SurveyMonkey
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96 Perhaps, some sort of positive literature (card, flyer, etc.), that could be left at the offending home, encouraging them
to take pride in their home/neighborhood.
9/2/2015 5:07 PM
97 Enforce leash law and prohibit Pit bulls 9/2/2015 4:59 PM
98 Just drive through the Cove and you will see code violations every which way you turn. Doesn't appear that Staff
enforces code this neighborhood o
9/2/2015 4:48 PM
99 Take a vacation and then come back to work happy. Great job-keep it up!9/2/2015 4:44 PM
100 complaint based is not enough,there should be more patrols. dog barking was not addressed and is a big problem 9/2/2015 4:40 PM
101 Quicker response time when using the GO request app. I've used the app & received no response.9/2/2015 4:35 PM
102 i don't mind giving my information when i file a complaint for code compliance as long as it is not shared.9/2/2015 4:35 PM
103 I think you need to hire more 9/2/2015 4:33 PM
104 my only constant and continuous complaint is BARKING DOGS. All the rest is no big deal. THE DOGS are running my
life.
9/2/2015 4:32 PM
105 Values are coming back, enforce violations and protect our property values, reputation and fins violaters to raise
revenue to enrich staffing
9/2/2015 4:31 PM
106 Be more visible in our neighborhoods 9/2/2015 4:29 PM
107 Enforce dog rules and licensing 9/1/2015 12:57 PM
108 You never mentioned the problems with dogs and their owners plus cats running loose in the neighborhood and
dumping feces in our yards. You can't expect property owners to be taking photos each time a dog or cat dumps feces
or pees on your plants or property. The neighborhood becomes a massive toilet for these dog owners etc. Which
brings in the fly issues. We can't sit outside without being bombarded with flies. Due to feces from neighbors backyard
being used as a toilet for their dogs or cats.
9/1/2015 11:07 AM
109 More visible and provide code info to community.8/31/2015 4:46 PM
110 Contact and followup 8/31/2015 4:04 PM
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION FOR A ONE-YEAR TIME EXTENSION FOR A 208-UNIT
SENIOR LIVING COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON
STREET AND AVENUE 50
RECOMMENDATION
Adopt a resolution approving a one-year time extension for a 208-unit senior living
community located at the northeast corner of Washington Street and Avenue 50.
EXECUTIVE SUMMARY
• The senior living community was originally approved in 2004.
• WSL La Quinta R/E, LLL (Applicant) is selling its interest and requests a time
extension so the new buyer may continue the project (Attachment 1). This sixth
extension would be for one year.
• Staff-recommended revisions to the conditions of approval have been accepted by
the applicant.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The project is a 208-unit senior living community with independent living and 24-hour
supervision units. Basic/personal care and health-related services would be provided
including dining, housekeeping, and laundry, as well as on-site social and recreational
activities (Attachment 2 – SDP2015-0004 [SDP 2003-762] Extension 6).
The first three extensions were submitted by the original applicant/owner. In 2010, a new
applicant/owner proposed an amendment to the Specific Plan and Site Development
Permit in order to revise the architectural style, site design, landscaping, and business
model. The amended plans, as well as a fourth extension, were approved in 2011. A fifth
time extension was approved in 2013 and the Applicant is requesting a sixth time which,
if approved, would expire on November 3, 2016.
The applicant intends to sell the entitled project, with a new owner committed to obtain a
building permit within one year. Therefore, no further time extensions are anticipated.
Staff-recommended revisions to the conditions of approval are minimal and limited to
updates based on changes due to the new 2035 General Plan, which requires an
additional westbound through-lane at the intersection of Washington Street and Avenue
50. This will require relocating the north curb and signal pole on Avenue 50
approximately 10 feet to the north and minor modifications to the landscaped parkway
PUBLIC HEARING ITEM NO.
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along Avenue 50. All referenced conditions relate to their renumbered format, as
reflected in the recommended conditions. The applicant accepted the updated
Conditions of Approval.
AGENCY AND PUBLIC REVIEW
This request was sent to all applicable City departments and affected public agencies on
July 13, 2015. All applicable comments received are incorporated in the recommended
Conditions of Approval.
This project was advertised in The Desert Sun newspaper on October 23, 2015, and mailed
to all property owners within 500 feet of the site. To date, no comments have been
received.
ENVIRONMENTAL REVIEW
The Community Development Department has determined that this request has been
previously assessed in conjunction with Environmental Assessment 2003-470, prepared
for Specific Plan 2004-071 and certified on December 23, 2004. No changed
circumstances or conditions are proposed, which would trigger the preparation of
subsequent environmental analysis.
ALTERNATIVES
Alternative actions include approving a two-year time extension, denying any time
extension, or discussion and incorporation of any adjustments deemed appropriate in
order to approve the proposed time extension request.
Report prepared by: Jay Wuu, AICP, Principal Planner
Report approved by: Gabriel Perez, Planning Manager
Attachments: 1. Letter from owner/applicant
2. Previously-approved La Paloma development plans
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CITY COUNCIL RESOLUTION 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A SIXTH TIME
EXTENSION FOR SITE DEVELOPMENT PERMIT 2003-762,
INCLUDING ARCHITECTURAL, SITE, AND LANDSCAPING
PLANS FOR LA PALOMA
CASE NUMBER: SITE DEVELOPMENT PERMIT 2015-0004
(SDP 2003-762 EXTENSION 6)
APPLICANT: WSL LA QUINTA R/E, LLC
WHEREAS, City Council of the City of La Quinta, California did, on the 3rd day of
November, 2015, hold a duly noticed Public Hearing to consider a request by WSL La
Quinta R/E, LLC for approval of a sixth extension of time for architectural, site, and
landscaping plans for a 208-unit senior living community located on the northeast
corner of Washington Street and Avenue 50, more particularly described as:
APN: 646-070-016
WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day
of December, 2004, hold a duly noticed Public Hearing and approved by adoption of
Resolution 2004-153, a request by Westport La Quinta, L.P. for approval of a Site
Development Permit; and,
WHEREAS, the City Council of the City of La Quinta, California, did on the 18th
day of September, 2007, hold a duly noticed Public Hearing and approved by adoption
of Resolution 2007-089, a request by Westport La Quinta, L.P. for approval of a time
extension for Site Development Permit 2003-762; and,
WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day
of October, 2008, hold a duly noticed Public Hearing and approved by adoption of
Resolution 2008-063, a request by Westport La Quinta, L.P. for approval of a second
time extension for Site Development Permit 2003-762; and,
WHEREAS, the City Council of the City of La Quinta, California, did on the 19th
day of January, 2010, hold a duly noticed Public Hearing and approved by adoption of
Resolution 2010-006, a request by WSL La Quinta R/E, LLC, for approval of a third time
extension for Site Development Permit 2003-762; and,
WHEREAS, the City Council of the City of La Quinta, California, did on the 19th
day of July, 2011, hold a duly noticed Public Hearing and approved by adoption of
153
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Resolution 2015-
Site Development Permit 2015-0004 (SDP 2003-762 Extension 6)
La Paloma (WSL La Quinta R/E, LLC)
Adopted: November 3, 2015
Page 3 of 4
Resolution 2011-062, a request by WSL La Quinta R/E, LLC for approval of a fourth
time extension and amendment for Site Development Permit 2003-762; and,
WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day
of August, 2013, hold a duly noticed Public Hearing and approved by adoption of
Resolution 2013-041, a request by WSL La Quinta R/E, LLC, for approval of a fifth time
extension for Site Development Permit 2003-762; and,
WHEREAS, the applicant, on the 7th day of July, 2015, applied for a sixth time
extension; and,
WHEREAS, the Community Development Department published a public
hearing notice for this request in The Desert Sun newspaper on October 23, 2015, as
prescribed by the Municipal Code. Public hearing notices were also mailed to all
property owners within 500 feet of the site; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council
did make the following mandatory findings to justify approval of the Site Development
Permit Time Extension:
1. Consistency with the General Plan
The proposed Site Development Permit is consistent with the La Quinta
General Plan, as it proposes a multi-unit age-restricted residential
community, which is General Plan-designated for MHDR (Medium High
Density Residential) development.
2. Consistency with the Zoning Code and La Paloma Specific Plan
The proposed structures, as conditioned, are consistent with the
development standards of the City’s Zoning Code and the La Paloma Specific
Plan, in terms of architectural style, building height, building mass, and
landscaping. The community is consistent with the La Quinta Zoning Map,
as it proposes a multi-unit age-restricted residential community which is
General Plan-designated for MHDR (Medium High Density Residential)
development. The site development permit has been conditioned to ensure
compliance with the zoning standards of the MHDR district, and other
supplemental standards as established in Title 9 of the La Quinta Municipal
Code and the La Paloma Specific Plan.
3. Compliance with the California Environmental Quality Act (CEQA)
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Resolution 2015-
Site Development Permit 2015-0004 (SDP 2003-762 Extension 6)
La Paloma (WSL La Quinta R/E, LLC)
Adopted: November 3, 2015
Page 3 of 4
The La Quinta Community Development Department has determined that
this request has been previously assessed in conjunction with
Environmental Assessment 2003-470 which was prepared for Specific Plan
2004-071, which was certified on December 23, 2004. No changed
circumstances or conditions are proposed which would trigger the
preparation of subsequent environmental analysis pursuant to Public
Resources Code Section 21166.
4. Architectural Design
The architectural design aspects of the proposed La Paloma community
provide interest through use of varied roof elements, enhanced building and
façade treatments, and other design details which will be compatible with,
and not detrimental to, surrounding development, and with the overall
design quality prevalent in the City.
5. Site Design
The site design aspects of the proposed La Paloma community, as
conditioned, will be compatible with, and not detrimental to, surrounding
development, and with the overall design quality prevalent in the City, in
terms of interior circulation, pedestrian access, and other architectural site
design elements such as scale, mass, and appearance. The main building
and cottage units are properly sized with regards to height and floor area,
and are situated at engineer-approved locations with regards to vehicular
and pedestrian access. Furthermore, the visual impact of the two-story
main building is minimized from view from the existing residential
neighborhood to the north as the two-story portion of the main building is
located a minimum of 75 feet from existing single-family homes on the
south side of Saguaro Road, and the highest part of the main building, the
uninhabited tower feature, is set back over 150-feet from the northern
property line.
6. Landscape Design
The proposed project is consistent with the landscaping standards and plant
palette and implements the standards for landscaping and aesthetics
established in the General Plan and Zoning Code. Additionally, the assorted
species of plants, which are taken from the approved plant list in the La
Paloma Specific Plan, provide diversity and add character to the proposed
community. The project landscaping for the proposed community, as
conditioned, shall unify and enhance visual continuity of the proposed
community with the surrounding development. Landscape improvements
are designed and sized to provide visual appeal. The permanent overall site
155
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Resolution 2015-
Site Development Permit 2015-0004 (SDP 2003-762 Extension 6)
La Paloma (WSL La Quinta R/E, LLC)
Adopted: November 3, 2015
Page 3 of 4
landscaping utilizes various tree and shrub species to blend with the
building architecture
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of the City
Council in this case.
SECTION 2. That this request has been previously assessed in conjunction with
Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071,
which was certified on December 23, 2004. No changed circumstances or conditions
are proposed which would trigger the preparation of subsequent environmental
analysis pursuant to Public Resources Code Section 21166.
SECTION 3. That it does hereby approve a sixth time extension to November 3, 2016,
for Site Development Permit 2015-0004 (SDP 2003-762), for the reasons set forth in
this Resolution and subject to the attached Conditions of Approval (Exhibit A).
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held this 3rd day of November, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
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Resolution 2015-
Site Development Permit 2015-0004 (SDP 2003-762 Extension 6)
La Paloma (WSL La Quinta R/E, LLC)
Adopted: November 3, 2015
Page 3 of 4
ATTEST:
_____________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_______________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
(“City”), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Site Development Permit. The
City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Site Development Permit shall comply with the requirements and standards
of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and
Chapter 13 of the La Quinta Municipal Code (“LQMC”).
The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at
www.la-quinta.org.
3. The Site Development Permit shall expire on November 3, 2016 and shall become
null and void in accordance with La Quinta Municipal Code Section 9.200.080,
unless a building permit has been issued. No further time extensions will be
considered.
4. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Riverside County Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Water Quality Management Plan (WQMP)
Exemption Form – Whitewater River Region, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• SunLine Transit Agency (SUNLINE)
• South Coast Air Quality Management District Coachella Valley (SCAQMD)
EXHIBIT A
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When these requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
5. Coverage under the State of California Construction General Permit must be
obtained by the applicant; who then shall submit a copy of the Regional Water
Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of
Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City
prior to the issuance of a grading or building permit.
6. The applicant shall comply with applicable provisions of the City’s NPDES r
discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and
Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County
Ordinance No. 457; the California Regional Water Quality Control Board – Colorado
River Basin Region Board Order No. R7-2013-0011 and the State Water Resources
Control Board’s Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ.
A. For construction activities including clearing, grading or excavation of land
that disturbs one (1) acre or more of land, or that disturbs less than one (1)
acre of land, but which is a part of a construction project that encompasses
more than one (1) acre of land, the Permitee shall be required to submit a
Storm Water Pollution Protection Plan (“SWPPP”) to the State Water
Resources Control Board.
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for use
in their SWPPP preparation.
B. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including acceptance
of all improvements by the City.
C. The applicant’s SWPPP shall include provisions for all of the following Best
Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
4) Tracking Control.
5) Non-Storm Water Management.
6) Waste Management and Materials Pollution Control.
A. The SWPPP and BMPs shall remain in effect for the entire duration of project
construction until all improvements are completed and accepted by the
City Council.
7. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee and Transportation Uniform Mitigation Fee programs in
effect at the time of issuance of building permit(s).
8. Approval of this Site Development Permit shall not be construed as approval for
any horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
9. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual attorney’s fees incurred by the City Attorney to review,
negotiate and/or modify any documents or instruments required by these
conditions, if Developer requests that the City modify or revise any documents or
instruments prepared initially by the City to effect these conditions. This
obligation shall be paid in the time noted above without deduction or offset and
Developer’s failure to make such payment shall be a material breach of the
Conditions of Approval.
10. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual consultant’s fees incurred by the City for engineering
and/or surveying consultants to review and/or modify any documents or
instruments required by this project. This obligation shall be paid in the time
noted above without deduction or offset and Developer’s failure to make such
payment shall be a material breach of the Conditions of Approval.
PROPERTY RIGHTS
11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction and reconstruction of essential improvements.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
12. Pursuant to the aforementioned condition, conferred rights shall include approvals
from the master developer or the HOA over easements and other property rights
necessary for construction and proper functioning of the proposed development
not limited to access rights over proposed and/or existing private streets that
access public streets and open space/drainage facilities of the master
development.
13. The applicant shall offer for dedication all public street rights-of-way in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, site development permit, and/or as required by the City Engineer.
14. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Washington Street (Major Arterial, 120' ROW) – The standard 60 feet
from the centerline of Washington Street for a total 120-foot
ultimate developed right of way except for:
Additional right-of-way is required on Washington Street north of
Avenue 50 to provide for the realignment of Washington Street to
accommodate the dual left turn lanes for southbound Washington
Street to eastbound Avenue 50 as approved by the City Engineer.
A. An additional variable right of way dedication for a
deceleration/right turn only lane and bus turnout at the
proposed primary project entry measured seventy-six feet
(76’) east of the centerline of Washington Street and length as
conditioned under STREET AND TRAFFIC IMPROVEMENTS
(Condition of Approval No. 23A(1)(b)).
2) Avenue 50 (Primary Arterial, Option B 100' ROW) – The standard 50
feet from the centerline of Avenue 50 for a total 100-foot ultimate
developed right of way except for:
A. An additional right of way dedication of 10 feet for a right turn
only lane at the Avenue 50 intersection with Washington
Street (a total of sixty feet (60’) north of the centerline of
Avenue 50) and length as conditioned under STREET AND
TRAFFIC IMPROVEMENTS (Condition of Approval No. 23A(2)(a)).
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
15. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
Pursuant to this requirement, the Applicant shall include in the submittal packet
containing the rough grading plans submitted for plan checking, an offsite street
geometric layout, drawn at 1” equals 40 feet, detailing the following design
aspects: median curb line, outside curb line, lane line alignment including lane
widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The
geometric layout shall be accompanied with sufficient professional engineering
studies to confirm the appropriate length of all proposed turn pockets and
auxiliary lanes that may impact the right of way dedication required of the project
and the associated landscape setback requirement.
16. When the City Engineer determines that access rights to the proposed street right-
of-way shown on the approved Site Development Permit are necessary prior to
approval of the improvements dedicating such right-of-way, the applicant shall
grant the necessary right-of-way within 60 days of a written request by the City.
17. The applicant shall create perimeter landscaping setbacks along all public rights-
of-way as follows:
A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L.
B. Avenue 50 (Primary Arterial) – A minimum 20-foot from the R/W-P/L.
The listed setback depth shall be the average depth where a meandering wall
design is approved.
The setback requirements shall apply to all frontages including, but not limited to,
remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes on
the Final Map.
18. At locations where the onsite finished grade adjacent to the landscaped setback
lot has an elevation differential with respect to the arterial street top of curb
exceeding 11.0 feet, the applicant shall comply with, and accommodate, the
maximum slope gradients in the parkway/setback area and meandering sidewalk
requirements by either: 1) increasing the landscape setback size as needed, or 2)
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
installing retaining walls between the sidewalk and the back of the landscaped
area as needed.
19. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, park lands, and common areas.
20. Direct vehicular access to Washington Street and Avenue 50 from lots with
frontage along Washington Street and Avenue 50 is restricted, except for those
access points identified on the Site Development Permit, or as otherwise
conditioned in these conditions of approval.
21. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
22. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property after the date of approval of the Site Development
Permit unless such easement is approved by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
23. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for
Individual Properties and Development) for public streets; and Section 13.24.080
(Street Design - Private Streets), where private streets are proposed.
24. Streets shall have vertical curbs or other approved curb configurations that will
convey water without ponding, and provide lateral containment of dust and
residue during street sweeping operations. If a wedge or rolled curb design is
approved, the lip at the flowline shall be near vertical with a 1/8" batter and a
minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard
curb height prior to final inspection of permanent building(s) on the lot.
25. The applicant shall construct the following street improvements to conform with
the General Plan (street type noted in parentheses.)
A. OFF-SITE STREETS
1) Washington Street (Major Arterial; 120' R/W):
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
Widen the east side of the street along all frontage adjacent to the project
boundary to its ultimate width on the east side as specified in the General
Plan and the requirements of these conditions. Rehabilitate and/or
reconstruct existing roadway pavement as necessary to augment and
convert it from a rural county-road design standard to La Quinta’s urban
arterial design standard. The east curb face shall be located fifty-one feet
(51’) east of the centerline, except at locations where additional street
width is needed to accommodate:
a) The applicant shall construct a concrete bus stop pad
equipped with night lighting, bench, and trash receptacle
north of the primary entry drive on Washington Street as
approved by the Community Development Director and the
City Engineer. Bus turnout shall be provided if required by
SunLine Transit for the bus stop.
b) A deceleration/right turn only lane with bus turnout
incorporated as part of the lane (if approved by SunLine
Transit and the City Engineer) shall be provided at the
Washington Street Primary Entry. The east curb face shall be
located sixty four feet (64’) east of the centerline and length
to be determined by a traffic study prepared for the applicant
by a licensed traffic engineer per Engineering Bulletin # 06-13
or as determined by the City Engineer.
c) The east curb face shall be located fifty-six (56’) east from the
centerline of Washington Street to accommodate the dual left
turn lane on southbound Washington Street at the Avenue 50
intersection.
Other required improvements in the Washington Street right-of-way and/or
adjacent landscape setback area include:
d) All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, legends, and signs.
e) 8-foot wide meandering sidewalk. The meandering sidewalk
shall have an arrhythmic horizontal layout that utilizes
concave and convex curves with respect to the curb line that
either touches the back of curb or approaches within five feet
of the curb at intervals not to exceed 250 feet. The sidewalk
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
curvature radii should vary between 50 and 300 feet and at
each point of reverse curvature, the radius should change to
assist in creating the arrhythmic layout. The sidewalk shall
meander into the landscape setback lot and approach within
5 feet of the perimeter wall at intervals not to exceed 250
feet.
f) Extend the existing raised median on Washington Street north
of Avenue 50 to line up with the curb face on the south side of
the primary entrance to prevent southbound Washington
Street traffic from making illegal left turns into the project
entrance on Washington Street as approved by the City
Engineer.
g) Establish a Class II Level II benchmark in the Washington
Street right of way and file a record of the benchmark with the
County of Riverside.
2) Avenue 50 (Primary Arterial – Option B; 100’ R/W):
Widen the north side of the street along all frontage adjacent to the project
boundary to its ultimate width on the east side as specified in the General
Plan and the requirements of these conditions. Rehabilitate and/or
reconstruct existing roadway pavement as necessary to augment and
convert it from a rural county-road design standard to La Quinta’s urban
arterial design standard. The north curb face shall be located thirty-eight
feet (38’) north of the centerline, except at locations where additional
street width is needed to accommodate:
a) A right turn only lane on Avenue 50 at the Avenue
50/Washington Street intersection. The north curb face shall
be located forty eight feet (48’) north of the centerline of
Avenue 50 and deceleration length to be determined by a
traffic study prepared for the applicant by a licensed traffic
engineer per Engineering Bulletin # 06-13 or as determined by
the City Engineer.
Other required improvements in the Avenue 50 right-of-way and/or
adjacent landscape setback area include:
b) All appurtenant components such as, but not limited to: curb,
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
gutter, traffic control striping, legends, and signs.
c) 6-foot wide meandering sidewalk. The meandering sidewalk
shall have an arrhythmic horizontal layout that utilizes
concave and convex curves with respect to the curb line that
either touches the back of curb or approaches within five feet
of the curb at intervals not to exceed 250 feet. The sidewalk
curvature radii should vary between 50 and 300 feet and at
each point of reverse curvature, the radius should change to
assist in creating the arrhythmic layout. The sidewalk shall
meander into the landscape setback lot and approach within
5 feet of the perimeter wall at intervals not to exceed 250
feet.
d) A 12-foot wide raised landscaped median plus variable width
as needed along the entire project boundary to accommodate
a left turn lane for the eastbound Avenue 50 traffic into the
project entry on the north side and for dual left turn lanes for
westbound Avenue 50 traffic at the intersection of
Washington Street and Avenue 50. Interim and ultimate
improvements shall be as approved by the City Engineer. The
applicant shall be responsible for 50% of the cost to design
and construct said raised landscaped median.
The landscaped median improvements are eligible for
reimbursement from the City’s Development Impact Fee fund
in accordance with policies established for that program.
e) In the event the left turn pocket for eastbound Avenue 50
traffic into the project entry is constructed prior to the
construction of the off-site improvements associated with the
development on other side of the street, the applicant shall
widen the south side of Avenue 50 along the project boundary
to its existing southerly right-of-way to maintain the currently
existing two eastbound through lanes on Avenue 50
(minimum 24 feet) as approved by the City Engineer.
The applicant shall extend improvements beyond the project boundaries to ensure
they safely integrate with existing improvements (e.g., grading; traffic control
devices and transitions in alignment, elevation or dimensions of streets and
sidewalks).
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
Entry drives, main interior circulation routes, standard knuckles, corner cutbacks,
bus turnouts, dedicated turn lanes and other features shown on the approved
construction plans, may require additional street widths as may be determined by
the City Engineer.
The applicant is responsible for construction of all improvements mentioned
above.
B. INTERNAL STREETS
1) Construct internal streets per the approved Site Development Permit
Preliminary Grading Exhibit and as approved by the City Engineer.
Minimum street width shall be 26 feet except at the entry
accessway. On-street parking shall be prohibited except in
designated parking stall areas. The applicant shall make provisions
for perpetual enforcement of the No Parking restrictions.
2) The location of driveways shall not be located within the curb return
when possible.
C. KNUCKLE
1) Construct the knuckle to conform to the lay-out shown in the Site
Development Permit, except for minor revisions as may be required
by the City Engineer.
26. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site-specific data for soil strength
and anticipated traffic loading (including construction traffic). Minimum structural
sections shall be as follows:
Residential/ Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5” a.c./5.5” c.a.b.
Primary Arterial 4.5" a.c./6.0" c.a.b.
Major Arterial 5.5" a.c./6.5" c.a.b.
or the approved equivalents of alternate materials.
27. The applicant shall submit current mix designs (less than two years old at the time
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
of construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include recent
(less than six months old at the time of construction) aggregate gradation test
results confirming that design gradations can be achieved in current production.
The applicant shall not schedule construction operations until mix designs are
approved.
28. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry (Washington Street): Right turn movements in and out are
allowed. Left turn movements in and out are prohibited. All right-turn-out
only driveways shall have a splitter median island located in the driveway
throat that adequately channelizes the exiting right-turn vehicles turning
onto the arterial street to eliminate illegal left turns. The splitter island
shall be designed in conformance with design concepts approved by the
City Engineer.
B. Primary Entry (Avenue 50): Right turn in and out and left turn in
movements are allowed. Left turn movements out are prohibited. All right-
turn-out only driveways shall have a splitter median island located in the
driveway throat that adequately channelizes the exiting right-turn vehicles
turning onto the arterial street to eliminate illegal left turns. The splitter
island shall be designed in conformance with design concepts approved by
the City Engineer.
29. Improvements shall include appurtenances such as traffic control signs, markings
and other devices, raised medians if required, street name signs and sidewalks.
Mid-block street lighting is not required.
30. Improvements shall be designed and constructed in accordance with City adopted
standards, supplemental drawings and specifications, or as approved by the City
Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by qualified engineers.
31. Standard knuckles and corner cut-backs shall conform to Riverside County
Standard Drawings #801 and #805, respectively, unless otherwise approved by the
City Engineer.
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CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
PARKING LOTS and ACCESS POINTS
32. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe parking stall
design shall conform to LQMC Chapter 9.150.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 17 feet in length with a 2-foot overhang for standard parking
stalls and 18 feet with a 2-foot overhang for handicapped parking stall or
as approved by the City Engineer. One van accessible handicapped parking
stall is required per 8 handicapped parking stalls.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other features
shown on the approved construction plans, may require additional street widths
and other improvements as may be determined by the City Engineer.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as “engineer,”
“surveyor,” and “architect,” refer to persons currently certified or licensed to practice
their respective professions in the State of California.
33. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of LQMC Section 13.24.040 (Improvement Plans).
34. The following improvement plans shall be prepared and submitted for review and
approval by the Public Works Department. A separate set of plans for each line
item specified below shall be prepared. The plans shall utilize the minimum scale
specified, unless otherwise authorized by the City Engineer in writing. Plans may
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
be prepared at a larger scale if additional detail or plan clarity is desired. Note, the
applicant may be required to prepare other improvement plans not listed here
pursuant to improvements required by other agencies and utility purveyors.
A. On-Site Rough Grading Plan 1" = 40' Horizontal
B. PM10 Plan 1” = 40’ Horizontal
C. WQMP (Plan submitted in Report Form)
NOTE: A through C to be submitted concurrently.
D. On-Site Precise Grading Plan 1” = 30’ Horizontal
E. Off-Site Street Improvement/Storm Drain Plan
1" = 40' Horizontal, 1" = 4'
Vertical
F. Off-Site Signing & Striping Plan 1” = 40’ Horizontal
The Off-Site street improvement plans shall have separate plan sheet(s)
(drawn at 20 scale) that show the meandering sidewalk, mounding, and
berming design in the combined parkway and landscape setback area.
G. On-Site Street Improvements/Signing & Striping/Storm Drain Plan
1" = 40' Horizontal, 1"= 4' Vertical
NOTE: D through G to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
H. Off-Site Median Landscaping Plans 1" = 40' Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project
limits, or a distance sufficient to show any required design transitions.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit
Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue
RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans
and/or as approved by the Engineering Department.
“Rough Grading” plans shall normally include perimeter walls with Top Of Wall &
Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of
cover, or sufficient cover to clear any adjacent obstructions.
The applicant shall prepare an accessibility assessment on a marked up print of
the building floor plan identifying every building egress and notes the 2010
California Building Code accessibility requirements associated with each door. The
assessment must comply with submittal requirements of the Building & Safety
Department. A copy of the reviewed assessment shall be submitted to the Public
Works Department in conjunction with the Site Development Plan when it is
submitted for plan checking.
“On-Site Precise Grading” plans shall normally include all on-site surface
improvements including but not limited to finish grades for curbs & gutters,
building floor elevations, wall elevations, parking lot improvements and ADA
requirements.
35. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the “Plans, Notes and Design
Guidance” section of the Public Works Department at the City website (www.la-
quinta.org). Please navigate to the Public Works Department home page and look
for the Standard Drawings hyperlink.
36. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer (currently mylars).
37. Upon completion of construction, and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with reproducible
record drawings of all improvement plans which were approved by the City. Each
sheet shall be clearly marked "Record Drawing" and shall be stamped and signed
by the engineer or surveyor certifying to the accuracy and completeness of the
drawings. The applicant shall have all approved mylars previously submitted to
the City, revised to reflect the as-built conditions. The applicant shall employ or
retain the Engineer Of Record during the construction phase of the project so that
the EOR can make site visits in support of preparing "Record Drawing". However, if
subsequent approved revisions have been approved by the City Engineer and
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
reflect said "Record Drawing" conditions, the Engineer Of Record may submit a
letter attesting to said fact to the City Engineer in lieu of mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
38. Prior to constructing any off-site improvements on Washington Street and Avenue
50, the applicant deposit securities equivalent to both a Performance and labor &
Material Bonds each valued at 100% of the cost of the off-site improvements
required on Washington Street and Avenue 50.
39. In the event the applicant fails to construct the improvements for the
development, or fails to satisfy its obligations for the development in a timely
manner, pursuant to the approved phasing plan, the City shall have the right to
halt issuance of all permits, and/or final inspections, withhold other approvals
related to the development of the project, or call upon the surety to complete the
improvements.
40. Depending on the timing of the development of this Site Development Permit, and
the status of the off-site improvements at the time, the applicant may be required
to:
A. Construct certain off-site improvements.
B. Construct additional off-site improvements, subject to the reimbursement
of its costs by others.
C. Reimburse others for those improvements previously constructed that are
considered to be an obligation of this tentative tract map.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
Off-Site Improvements should be completed on a first priority basis. The applicant
shall complete Off-Site Improvements in the first phase of construction.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall, prior to the approval of the Final Map,
or the issuance of any permit related thereto, reimburse the City for the costs of
such improvements.
41. If the applicant elects to utilize the secured agreement alternative, the applicant
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
shall submit detailed construction cost estimates for all proposed on-site and off-
site improvements, including an estimate for the final survey monumentation, for
checking and approval by the City Engineer. Such estimates shall conform to the
unit cost schedule adopted by City resolution, or ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs shall
be approved by the City Engineer.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant’s
detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
GRADING
42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading
Improvements).
43. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
44. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a civil engineer registered in the State of
California,
B. A preliminary geotechnical (“soils”) report prepared by an engineer
registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter
6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with LQMC
Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and
Storm Management and Discharge Controls).
E. WQMP prepared by an engineer registered in the State of California.
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CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
All grading shall conform with the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by soils engineer, or
engineering geologist registered in the State of California.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
Additionally, the applicant shall replenish said security if expended by the City of
La Quinta to comply with the Plan as required by the City Engineer.
45. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded, undeveloped
land shall either be planted with interim landscaping, or stabilized with such other
erosion control measures, as were approved in the Fugitive Dust Control Plan.
46. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition requirement. The maximum slope
shall not exceed 3:1 anywhere in the landscape setback area, except for the
backslope (i.e. the slope at the back of the landscape lot) which shall not exceed
2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet
adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is
within six feet (6’) of the curb, otherwise the maximum slope within the right of
way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be
depressed one and one-half inches (1.5") in the first eighteen inches (18") behind
the curb.
47. Building pad elevations on the rough grading plan submitted for City Engineer’s
approval shall conform with pad elevations shown on the preliminary grading
plan, unless the pad elevations have other requirements imposed elsewhere in
these Conditions of Approval. Pursuant to the aforementioned, the applicant is
advised of the Coachella Valley Water District letter dated May 24, 2011 to the
Community Development Department stating the development may set the finish
floor elevations at a minimum of 47 feet MSL with the condition that the
development be protected by means of a flood wall along the La Quinta
Evacuation Channel. The flood wall shall be certified by a geotechnical engineer
with the top of the wall at a minimum elevation of 52 feet AMSL as required by
CVWD.
48. Building pad elevations of perimeter lots shall not differ by more that one foot
higher from the building pads in adjacent developments.
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LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
49. The applicant shall minimize the differences in elevation between the adjoining
properties and the lots within this development.
50. Prior to any site grading or regrading that will raise or lower any portion of the site
by more than plus or minus half of a foot (0.5’) from the elevations shown on the
approved Site Development Permit Site Plan, the applicant shall submit the
proposed grading changes to the City Engineer for a substantial conformance
finding review.
51. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if any.
Such pad certification shall also list the relative compaction of the pad soil. The
data shall be organized by lot number, and listed cumulatively if submitted at
different times.
DRAINAGE
52. If permitted by CVWD and the City Engineer, when an applicant proposes
discharge of storm water directly, or indirectly, into the La Quinta Evacuation
Channel, the applicant shall execute an indemnification instrument as approved
by the City Engineer and City Attorney. Additionally, the applicant shall pay for all
costs of sampling and testing associated with the development’s drainage
discharge which may be required under the City’s NPDES Permit or other City or
area-wide pollution prevention program, and for any other obligations and/or
expenses which may arise from such discharge. The applicant is required to
construct required discharge treatment Best Management Practice facilities per
the NPDES Permit Supplement A but at a minimum shall install a CDS Unit or equal
system as approved by the City Engineer. The indemnification shall be executed
and furnished to the City prior to the issuance of any grading, construction or
building permit, and shall be binding on all heirs, executors, administrators,
assigns, and successors in interest in the land within this tentative parcel map
excepting therefrom those portions required to be dedicated or deeded for public
use. If such discharge is approved for this development, the applicant shall make
provisions for meeting these obligations. The 100-year storm water hydraulic
grade line shall be at elevation 48 feet or as determined by CVWD and the City
Engineer.
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LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
Additionally, the applicant shall submit verification to the City of CVWD
acceptance of the proposed discharge of storm water directly, or indirectly, into
the La Quinta Evacuation Channel with the initial submittal of storm drain
improvement plans.
53. Since the preliminary rough grading plans previously submitted to the Public
Works Department did not demonstrate how storm water would be adequately
discharged into the La Quinta Evacuation Channel during major storm events
resulting in possible flooding of the site, the applicant is hereby notified that
future site modifications may be necessary including, but not limited to building
and street reconfiguration and additional improvements to the existing drainage
facilities. Verification of the proposed storm water retention system is subject to
review and approval by the Coachella Valley Water District and the City Engineer.
If in the event, the proposed retention capacity or pass through storm water flow
is found to be inadequate during final design, the Applicant shall revise what is
currently proposed in the preliminary hydrology study and make adjustments to
the site layout as needed to accommodate the increased retention/detention or
pass through capacity required to satisfy safety issues of the Public Works
Department and CVWD. Pursuant to the aforementioned, the applicant may be
required to construct additional underground and above ground drainage facilities
to convey on site and off site stormwater as well as stormwater from adjacent
terrain by the La Quinta Evacuation Channel that historically flows onto and/or
through the project site. Any proposed channels that convey stormwater shall be
lined to protect against erosion as required by the Public Works Department and
CVWD.
54. If the development is not able to discharge storm or nuisance water from the
project into the La Quinta Evacuation Channel, the applicant shall comply with the
provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria,
Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic
Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 -
Underground Retention Basin Design Requirements. More specifically, stormwater
falling on site during the 100 year storm shall be retained within the development,
unless otherwise approved by the City Engineer. The design storm shall be either
the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off.
55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per
approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report
with Preliminary Hydraulic Report Criteria for Storm Drain Systems and
Engineering Bulletin No. 06-015 - Underground Retention Basin Design
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SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
Requirements.
56. In design of retention facilities, the maximum percolation rate shall be two inches
per hour. The percolation rate will be considered to be zero unless the applicant
provides site specific data indicating otherwise and as approved by the City
Engineer.
57. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on-site or
adjacent well sites granted or dedicated to the local water utility authority as a
requirement for development of this property.
58. No fence or wall shall be constructed around any retention basin unless approved
by the Community Development Director and the City Engineer.
59. For on-site above ground common retention basins, retention depth shall be
according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary
Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1
and shall be planted with maintenance free ground cover. Additionally, retention
basin widths shall be not less than 20 feet at the bottom of the basin.
60. Stormwater may not be retained in landscaped parkways or landscaped setback
lots. Only incidental storm water (precipitation which directly falls onto the
setback) will be permitted to be retained in the landscape setback areas. The
perimeter setback and parkway areas in the street right-of-way shall be shaped
with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7).
61. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
62. The development shall be graded to permit storm flow in excess of retention
capacity to flow out of the development through a designated overflow and into
the historic drainage relief route.
63. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
64. The applicant shall comply with applicable provisions for post construction runoff
per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq.
(Stormwater Management and Discharge Controls), and 13.24.170 (Clean
Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board
Order No. R7-2013-0011.
A. For post-construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation and
maintenance of BMPs per the approved Water Quality Management Plan
(WQMP) for the project as required by the California Regional Water Quality
Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No.
R7-2013-0011.
B. The applicant shall implement the WQMP Design Standards per (CRWQCB-
CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the
City Engineer. A project specific WQMP shall be provided which incorporates
Site Design and Treatment BMPs utilizing first flush infiltration as a
preferred method of NPDES Permit Compliance for Whitewater River
receiving water, as applicable.
C. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and
operation of stormwater BMPs.
65. The applicant shall install suitable facilities along the easterly boundary of the
project to preserve CVWD access and prohibit access to the right-of-way of the La
Quinta Evacuation Channel. Additionally, the applicant shall work with CVWD to
construct a perpetual maintenance access to the La Quinta Evacuation Channel as
required by CVWD and approved by the City Engineer.
UTILITIES
66. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
67. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above-ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water valves,
and telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
68. Existing overhead utility lines within, or adjacent to the proposed development,
and all proposed utilities shall be installed underground.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
All existing utility lines attached to joint use 92 KV transmission power poles are
exempt from the requirement to be placed underground.
69. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply with
trench restoration requirements maintained, or required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer. Additionally, grease traps and the maintenance
thereof shall be located as to not conflict with access aisles/entrances.
70. Utility easements in favor of CVWD shall be clear of any obstructions including
overhead obstructions.
CONSTRUCTION
71. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly-
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on-site streets in
residential developments are initially constructed with partial pavement thickness,
the applicant shall complete the pavement prior to final inspections of the last ten
percent of homes within the development or when directed by the City, whichever
comes first.
LANDSCAPE AND IRRIGATION
72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans).
73. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
74. All new and modified landscape areas shall have landscaping and permanent
irrigation improvements in compliance with the City’s Water Efficient Landscape
regulations contained in LQMC Section 8.13 (Water Efficient Landscape).
75. Lighting plans shall be submitted with the final landscaping plans for a
recommendation to the Community Development Director for his approval.
Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be
fitted with a visor if deemed necessary by staff to minimize trespass of light off
the property. The illuminated carports shall be included in the photometric study
as part of the final lighting plan submittal.
76. All water features shall be designed to minimize “splash”, and use high efficiency
pumps and lighting to the satisfaction of the Community Development Director.
They shall be included in the landscape plan water efficiency calculations per
Municipal Code Chapter 8.13.
77. All rooftop mechanical equipment shall be completely screened from view behind
the parapet. Utility transformers or other ground mounted mechanical equipment
shall be fully screened with a screening wall or landscaping and painted to match
the adjacent buildings.
78. The applicant shall submit the final landscape plans for review, processing and
approval to the Community Development Department, in accordance with the
Final Landscape Plan application process. Community Development Director
approval of the final landscape plans is required prior to issuance of the first
building permit unless the Community Development Director determines
extenuating circumstances exist which justifies an alternative processing
schedule. Landscape plans for landscaped medians on public streets shall be
approved by both the Community Development Director and the City Engineer.
NOTE: Plans are not approved for construction until signed by both the Community
Development Director and/or City Engineer.
79. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the American Association of State Highway and
Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and
Streets, 5th Edition” or latest, in the design and/or installation of all landscaping
and appurtenances abutting and within the private and public street right-of-way.
80. All trees located within the project site shall have a minimum trunk caliper of 2.5
inches.
81. Final field inspection of all landscaping materials, including all vegetation,
hardscape and irrigation systems is required by the Community Development
Department prior to final project sign-off by the Community Development
Department. Prior to such field inspection, written verification by the project’s
landscape architect of record stating that all vegetation, hardscape and irrigation
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
systems have been installed in accordance with the approved final landscape
plans shall be submitted to the Community Development Department.
82. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Community Development Director. Use of lawn areas shall be
minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs
along public streets.
PUBLIC SERVICES
83. The applicant shall provide public transit improvements as required by SunLine
Transit Agency and approved by the City Engineer.
MAINTENANCE
84. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
85. The applicant shall make provisions for the continuous and perpetual
maintenance of perimeter landscaping up to the curb, access drives, sidewalks,
and stormwater BMPs.
FEES AND DEPOSITS
86. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees
and Deposits). These fees include all deposits and fees required by the City for
plan checking and construction inspection. Deposits and fee amounts shall be
those in effect when the applicant makes application for plan check and permits.
87. Permits issued under this approval shall be subject to the Coachella Valley Multi-
Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan
Mitigation Fee, in accordance with LQMC Chapter 3.34.
FIRE DEPARTMENT
88. Provide or show there exists a water system capable of delivering a fire flow
4000GPM per minute for four hours duration at 20 psi residual operating pressure,
which must be available before any combustible material is placed on the
construction site.
89. Approved accessible on-site super fire hydrants shall be located not to exceed 200
feet apart in any direction. Any portion of the facility or of an exterior wall of the
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
first story of the building shall not be located more than 150 feet from fire
apparatus access roads as measured by an approved route around the complex,
exterior of the facility or building.
90. The minimum dimension for gates is 20 feet clear and unobstructed width and a
minimum vertical clearance of 13 feet 6 inches in height. Any gate providing
access from a road shall be located at least 35 feet setback from the roadway and
shall open to allow a vehicle to stop without obstructing traffic on the road.
Where a one-way road with a single traffic lane provides access to a gate
entrance, a 38-foot turning radius shall be used.
91. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review
and approval. Plans shall be signed by a registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are
signed and approved by the local water authority, the originals shall be presented
to the Fire Department for review and approval.
92. Prior to issuance of building permits, the water system for fire protection must be
provided as approved by the Fire Department and the local water authority.
93. Blue dot retro-reflectors pavement markers on private streets, public streets and
driveways to indicated location of the fire hydrant. 06-05 (located at
www.rvcfire.org)
94. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access lanes
will not have an up, or downgrade of more than 15%. Access roads shall have an
unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes
will be designed to withstand the weight of 60 thousand pounds over 2 axles.
Access will have a turning radius capable of accommodating fire apparatus.
Access lane shall be constructed with a surface so as to provide all weather
driving capabilities.
95. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provision for the turnaround capabilities of fire apparatus
96. Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. The applicant or
developer shall include in the building plans the required fire lanes and include the
appropriate lane printing and/or signs.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
97. An approved Fire Department access key lock box shall be installed next to the
approved Fire Department access door to the building. Required order forms and
installation standards may be obtained at the Fire Department.
98. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in
height for building(s) up to 25’ in height. In complexes with alpha designations,
letter size must match numbers. All addressing must be legible, of a contrasting
color, and adequately illuminated to be visible from street at all hours.
99. Should any portion of the building be deemed “mixed occupancy” the sprinkler
system shall be designed per referenced standard NFPA13R 7.2.4.1 through 7.2.4.2
per the CBC.
100. The PIV and FCD shall be located to the front of building and a minimum of 25 feet
from the building(s). Sprinkler riser room must have indicating exterior and/or
interior door signs. A C-16 licensed contractor must submit plans, along with
current permit fees, to the Fire Department for review and approval prior to
installation.
101. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more
heads, along with current permit fees, to the Fire Department for review and
approval prior to installation.
102. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every
3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted
3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where
not readily visible, signs shall be posted above all extinguishers to indicate their
locations. Extinguishers must have current CSFM service tags affixed.
103. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in 2010 CBC. No class I, II or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
104. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2010 California Building Code.
105. Electrical room doors if applicable shall be posted “ELECTRICAL ROOM” on outside
of door.
106. Fire Alarm Control Panel room doors if applicable shall be posted “FACP” on
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
outside of door.
107. Fire Riser Sprinkler room doors if applicable shall be posted “Fire Riser” on outside
of door.
108. Roof Access room door if applicable shall be posted “Roof Access” on outside of
door.
109. Access shall be provided to all mechanical equipment located on the roof as
required by the Mechanical Code.
110. Air handling systems supplying air in excess of 2000 cubic feet per minute to
enclosed spaces within buildings shall be equipped with an automatic shutoff.
2010 CMC
111. Gate(s) shall be automatic or manual operated. Install Knox key operated
switches, with dust cover, mounted per recommended standard of the Knox
Company. Building plans shall include mounting location/position and operating
standards for Fire Department approval.
112. Nothing in our review shall be construed as encompassing structural integrity.
Review of this plan does not authorize or approve any omission or deviation from
all applicable regulations. Final approval is subject to plan review and field
inspection. All questions regarding the meaning of the code requirements should
be referred to Fire Department at 760-863-8886.
COMMUNITY DEVELOPMENT DEPARTMENT
113. Approved Cultural Resource Monitor(s) be present during all ground disturbing
activities. Experience has shown that there is always a possibility of encountering
buried cultural resources during construction related excavations, or
archaeological testing/data recovery. Should buried cultural deposits be
encountered, the Monitor may request that destructive construction halt and the
Monitor shall notify a Qualified (Secretary of the Interior’s Standards and
Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation
plan for submission to the City and the Agua Caliente THPO.
114. Additionally, in accordance with State law, the County Coroner should be
contacted if any human remains are found during earthmoving activities. If the
remains are determined to be of Native American origin, the Native American
Heritage Commission (NAHC) shall be contacted. The NAHC will make a
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2015-0004 (SDP 2003-762 EXTENSION 6)
LA PALOMA (WSL LA QUINTA R/E, LLC)
NOVEMBER 3, 2015
determination of the Most Likely Descendent (MLD). The City will work with the
designated MLD to determine the final disposition of the remains.
115. A sign permit shall be submitted for staff approval for proposed monument signs
specified in Specific Plan 2004-071 Amendment 1.
116. As part of the Final Landscape Plan review process, the applicant shall submit a
revised plan for the main entrance vehicular courtyard depicting either the
removal of the water feature within the drive aisle or redesign of the water feature
with an enhanced interactive design.
As part of the Final Landscape Plan review process, the applicant shall submit a
revised plant palette that reflects an increased use of Colorado Desert native type
species of plants and shrubs.
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ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: November 3, 2015
STAFF REPORT
AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE A SPECIFIC PLAN AMENDMENT FOR
OLD TOWN LA QUINTA AND A VILLAGE USE PERMIT FOR THE VILLAS AT OLD TOWN AND
DEEM THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION
Adopt a resolution to approve a Specific Plan Amendment for Old Town La Quinta and a
Village Use Permit for the Villas at Old Town, and deem the project exempt from the
California Environmental Quality Act.
EXECUTIVE SUMMARY
• The applicant, Marvin Investments, Inc., proposes an amendment to the Old Town
La Quinta Specific Plan (Specific Plan 2005-0001, [SP 2002-058] Amendment 1),
which includes a variety of land use and site plan revisions that govern the Old
Town commercial center.
• The proposed Amendment also expands the project area to include the Villas at
Old Town, a mixed-use project consisting of 84 residential condominiums and
20,000 square feet of commercial space located between Old Town and the La
Quinta Library (Attachment 1).
• The applicant requests Village Use Permit (VUP 2015-0001) approval for the first
phase of the Villas, consisting of two buildings with 40 two-bedroom residential
condominiums, 13,000 square feet of ground-floor commercial space, and a
portion of an underground parking garage.
FISCAL IMPACT - -- None.
BACKGROUND
Old Town La Quinta is located in the core of the La Quinta Village (Attachment 2). The
commercial center, which is comprised of multiple two-story buildings, consists of a
variety of retail, office, and restaurant uses in a pedestrian-focused environment.
Several parcels of vacant land owned by the City are located between Old Town and the
La Quinta Civic Center. The lots are graded, covered in gravel, and have a perimeter
bollard and chain barrier established. The lots are primarily used as guest parking for the
annual La Quinta Arts Festival and overflow for special events conducted at Old Town.
The City entered into a purchase and sale agreement with the applicant for development
of these properties. The agreement includes a development proposal that envisions
mixed-use, residential and retail/office development.
PUBLIC HEARING ITEM NO.
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PROPOSAL & ANALYSIS
The proposal is categorized into two items:
• A Specific Plan Amendment to revise the land use and site plan for the existing Old
Town commercial center and an expansion of the Old Town project area to include
the Villas at Old Town (Attachment 3).
• A Village Use Permit for the first phase of the Villas (Attachment 4).
Specific Plan Amendment
The proposed Specific Plan Amendment represents the first amendment to the original
Old Town La Quinta Specific Plan. The document is divided into two parts: Part A
addresses Old Town La Quinta and Part B addresses the Villas at Old Town.
Part A: Old Town La Quinta
The applicant proposes a variety of changes to the built environment and land uses
within Old Town. These include:
• Revision to the land use plan for the parcel on the southeast corner of Avenida
Bermudas and Calle Tampico from a planned two-story retail/office building to a
permanent parking lot with 42 parking stalls, which is currently under construction.
• Closure of Linden Lane in order to construct a pedestrian-oriented plaza. A valet
parking area may be created on the Main Street side of this plaza.
• Addition of an exterior staircase leading to the second floor patio/restaurant space
of the former Hog’s Breath Inn restaurant.
• The ability to add roof decks to 78-065 Main Street and 78-085 Main Street in order
to incorporate dining and bar areas.
• Increase the percentage of restaurant space allowed within Old Town.
• The ability to convert the office space located on the second floor of Old Town to
use as residential units.
• An exemption from Temporary Use Permits for special events such as arts
festivals, farmer’s markets, and concerts, with a maximum of 1,000 attendees.
These revisions ensure that certain improvements, such as the parking lot, pedestrian
plaza, and exterior stairways can be constructed as proposed, and also gives the
applicant land use flexibility for future development. Some items, including the
conversion of office space to residential units, will require review and approval by the
Planning Commission. The Temporary Use Permit exemption for special events would be
subject to an annual review by staff. The proposed uses do not deviate from any
Municipal Code regulations and are complementary to the existing surrounding
commercial uses.
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Part B: Villas at Old Town
The applicant proposes to add the Villas at Old Town to the Specific Plan project area. The
Villas is a mixed-use project consisting of 84 residential condominiums and 20,000 square
feet of commercial space on approximately 4.32 acres between Old Town and the La
Quinta Library.
The Villas is proposed to be built in two phases (Attachment 4, Sheet C-10). Phase One is
the subject of the Village Use Permit, and entitlement applications for Phase Two will be
submitted and reviewed at a later date. The first phase includes two buildings consisting
of 40 two-bedroom condominiums, 13,000 square feet of ground-floor commercial space,
a portion of an underground parking garage, and a retention basin. The second phase
includes the completion of the underground garage, an additional 44 condominium units,
and 7,000 square feet of commercial space located within three additional buildings.
The project density, at 19.4 dwelling units per acre (84 units/4.32 acres), is consistent with
the General Plan, Zoning Code, and Village Design Guidelines requirements. The proposed
development regulations are complementary to Old Town, and facilitate a design
transition from Old Town to the Civic Center. However, in order to ensure that the Villas
can be constructed as proposed, the applicant has included a deviation from the
Municipal Code limiting building height in the Village to thirty-five feet, and two stories.
The proposed buildings would exceed thirty-five feet in height and are a minimum of
three stories. In order to meet the General Plan goals of creating a pedestrian-oriented,
mixed-use environment, additional building height is necessary. Furthermore, this height
is consistent with structure heights of buildings in the vicinity, specifically the La Quinta
Library (approximately 39-feet) and the Embassy Suites hotel (approximately 48-feet).
With approval of the Specific Plan Amendment, the proposal will meet all required
development standards.
Village Use Permit
Site Design:
Phase One consists of two buildings, Building A and Building B, situated along Main Street,
east of the existing Old Town parking lots. The retention basin, which is currently under
construction, is located within the turf area located at the northeast corner of Avenida La
Fonda and Main Street (Attachment 4, Sheet C-1). Pedestrian-oriented areas are located
along storefronts on both sides of Main Street, and include amenities such as benches,
potted plants, and decorative paving (Attachment 4, Sheet LP-3). Sidewalk widths vary
along the building frontages, with a minimum 15-foot width, and shade structures
incorporated throughout. Landscaping throughout the project site consists of primarily
desert and other low to moderate water use plants (Attachment 4, Sheet LP-1 - -- LP-4).
The remainder of the project site will remain vacant until construction of Phase Two
commences. Construction staging may occur within the Phase Two areas; however, the
applicant intends to utilize the minimum area necessary in order to facilitate Arts Festival
parking. The applicant intends to close Main Street between Desert Club Drive and the
Library parking lot during construction. This would not impact overall traffic circulation.
Two vehicular access points are identified. A driveway is located along Main Street to the
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east of Building A that provides access to the surface level garages along the north
elevation of Building A. The driveway that provides access to the underground parking
garage is located along Avenida La Fonda.
The following chart summarizes the parking program for the Villas:
A gated underground garage will be available for residents, business owners, and
employees. No loading docks or rear entrances are provided. Similar to Old Town, all
deliveries will be through the front doors of the businesses.
As a part of Phase One, a community courtyard area is proposed with a spa, fire pit, BBQ,
and shaded area. Phase Two will include additional amenities, including a pool, cabana,
and sitting areas. The ground-level residential units in Building B include individual rear
yard garden areas.
Architectural Design:
The buildings have been designed to reflect a modern interpretation of the Santa
Barbara/Spanish architectural theme (Attachment 4, Sheet 5.1 - -- 6.7). The style does not
intend to duplicate the existing buildings within Old Town, but rather blend the traditional
Californian Mission Revival style with the modern architectural style of the nearby Civic
Center buildings.
Building A includes approximately 5,300 square feet of commercial space and 15 private
residential garages on the ground floor, and ten residential condominium units on the
second and third floors (Attachment 4, Sheet 5.1 - -- 5.7). The commercial spaces have
frontages along Main Street, while the private garages are located at the rear of the
building along Calle Tampico (Attachment 4, Sheet 1.1). Condominium unit sizes range
from 1,530 to 2,140 square feet (Attachment 4, Sheet 5.7).
Building B includes approximately 7,800 square feet of commercial space and thirty
residential condominiums on the second and third floors (Attachment 4, Sheet 6.1 - -- 6.7).
The third-floor units also include access to a loft area on the roof level, which includes
living space and an outdoor deck area with patio cover. The commercial spaces have
frontages along Main Street, and the ground-floor residential units include private
backyards along the rear of the building. Condominium unit sizes range from 1,219 to
1,682 square feet (Attachment 4, Sheet 6.7).
The architecture and layout is compatible with the existing surrounding land uses, and
with two exceptions (building height and number of stories), is consistent with the
development standards in the Municipal Code. There should be limited impact on the
existing residential development to the south as the tallest point of Building B is set back
over 400 feet from the nearest existing residential dwelling on Calle Fortuna (Attachment
4, Sheet C-7 & Sheet 3.0). A proposed perimeter landscaping screen that abuts Calle
Tampico, will reduce the aesthetic impact of the private garages on the north elevation of
Building A, especially as the landscaping matures.
Underground On-street Private Garage Total
Phase 1 68 5 15 88
Phase 2 63 7 11 81
Total 125 12 26 163
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COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS
The Historic Preservation Commission, Architectural and Landscaping Review Board, and
Planning Commission have reviewed and recommended approval of the proposal.
AGENCY AND PUBLIC REVIEW
Public Agency Review:
This request was sent to all applicable City departments and affected public agencies on
June 29, 2015. All written comments received are on file and available for review with
the Community Development Department. All applicable comments have been
adequately addressed and/or incorporated in the recommended Conditions of Approval.
SB-18 Native American Tribal Consultation:
As per SB-18 (2004) consultation requirements, information regarding the proposed
Specific Plan Amendment was forwarded to those Tribes referenced on the Tribal
Consultation List provided by the Native American Heritage Commission. Staff has
communicated with all Tribes requesting information or consultation and placed their
recommendations for monitoring in the Conditions of Approval.
Public Notice:
This project was advertised in The Desert Sun newspaper on October 23, 2015, and mailed
to all property owners within 500 feet of the site. To date, no comments have been
received. Any written comments received will be handed out at the Planning Commission
hearing.
ENVIRONMENTAL REVIEW
The Community Development Department has determined that this project is exempt
from environmental review pursuant to Section 15332 (Class 32) of the California
Environmental Quality Act in that the proposed project can be characterized as in-fill
development.
ALTERNATIVES
Alternative actions include denying the project, or discussion and incorporation of any
adjustments deemed appropriate in order to approve the proposed project.
Report prepared by: Jay Wuu, AICP, Principal Planner
Report approved by: Gabriel Perez, Planning Manager
Attachments: 1. Project Information
2. Project Area Site Map
3. Old Town La Quinta Specific Plan Amendment 1
4. Villas at Old Town Village Use Permit Plan
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238
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CITY COUNCIL RESOLUTION 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN
AMENDMENT FOR REVISIONS TO THE OLD TOWN LA
QUINTA SPECIFIC PLAN, APPROVING A VILLAGE USE
PERMIT FOR THE PROPOSED VILLAS AT OLD TOWN, AND
FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NUMBERS: SPECIFIC PLAN 2015-0001
(SP 2002-058, AMENDMENT 1)
VILLAGE USE PERMIT 2015-0001
APPLICANT: MARVIN INVESTMENTS, INC.
WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd
day of November, 2015, hold a duly noticed Public Hearing, to consider a request by
Marvin Investments, Inc. for approval of an amendment to the Old Town La Quinta
Specific Plan and development plans for the Villas at Old Town, generally located on
the south side of Calle Tampico, between Avenida Bermudas and the La Quinta Civic
Center, more particularly described as:
APN: 770124010, 770121007, 770123012, 770124005, 770123011, 770121014,
770121008, 770123001, 770121013, 770121005, 770121010, 770121009,
770121011, 770121012, 770121004
WHEREAS, the Community Development Department published a public
hearing notice in The Desert Sun newspaper on October 23, 2015 as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners within
500 feet of the site; and,
Specific Plan 2015-0001 (SP 2002-058, Amendment 1)
WHEREAS, per SB-18 consultation requirements, the Community Development
Department has forwarded information regarding the proposed amended Specific
Plan to those Tribes referenced on the Tribal Consultation List provided by the Native
American Heritage Commission and has followed up with all Tribes requesting
information or consultation and placed their recommendations for monitoring in the
Conditions of Approval; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council
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City Council Resolution 2015 -
Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001
Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.)
Adopted: November 3, 2015
Page 2 of 5
did make the following mandatory findings pursuant to Section 9.240.010 of the La
Quinta Municipal Code to justify approval of said Specific Plan Amendment:
1. Consistency with General Plan
The proposed Specific Plan amendment is consistent with the goals and
policies of the La Quinta General Plan in that it continues to diversify the
land uses within Old Town to enhance the downtown atmosphere, and
proposes a mixed-use development that fosters a pedestrian-friendly
environment that encourages use of walking paths, bicycles, and golf carts.
2. Public Welfare
Approval of the proposed Specific Plan amendment will not create
conditions materially detrimental to public health, safety and general
welfare. The Community Development Department has determined that
this project is exempt from environmental review pursuant to Section 15332
(Class 32) of the Guidelines implementing CEQA California Environmental
Quality Act in that the proposed project can be characterized as in-fill
development. The project is consistent with all applicable general plan and
zoning regulations, occurs on a project site less than five acres in size
substantially surrounded by urban uses, has no value as habitat for
endangered, rare, or threatened species, would not result in any significant
effects relating to traffic, noise, air/water quality, and can be adequately
served by all required utilities and public services.
3. Land Use Compatibility
The proposed Specific Plan amendment incorporates a land use that is
compatible with zoning on adjacent properties. The design regulations
specified in the Specific Plan for mixed-use and commercial uses are
compatible with the existing commercial retail located near the project area
and surrounding properties, all of which are zoned Village Commercial.
4. Property Suitability
The uses permitted in the Specific Plan amendment are suitable and
appropriate for the subject property in that the revisions are located within
and adjacent to an existing commercial center. The current specific plan
area is served without adverse impact by all necessary public services and
utilities.
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City Council Resolution 2015 -
Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001
Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.)
Adopted: November 3, 2015
Page 3 of 5
Village Use Permit 2015-0001
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council
did make the following mandatory findings pursuant to Section 9.65.040 of the
Municipal Code to justify approval of said Village Use Permit:
1. Consistency with General Plan
The proposed development is consistent with the General Plan land use
designation of Village Commercial. The City’s General Plan policies relating
to Village Commercial encourage mixed-use development, and the
proposed use maintains those policies.
2. Consistency with Zoning Code and Old Town La Quinta Specific Plan
The proposed development, as conditioned, is consistent with the
development standards of the City’s Zoning Code and the Old Town La
Quinta Specific Plan as amended, in terms of architectural style, building
height, building mass, and landscaping. The Village Use Permit has been
conditioned to ensure compliance with the zoning standards of the Village
Commercial zoning district and other supplemental standards as
established in Title 9 of the La Quinta Municipal Code and the Old Town La
Quinta Specific Plan.
3. Compliance with CEQA
Processing and approval of the permit application are in compliance with
the requirements of the California Environmental Quality Act (CEQA). The
Community Development Department has determined that this project is
exempt from environmental review pursuant to Section 15332 (Class 32) of
the Guidelines implementing CEQA in that the proposed project can be
characterized as in-fill development. The project is consistent with all
applicable general plan and zoning regulations, occurs on a project site less
than five acres in size substantially surrounded by urban uses, has no value
as habitat for endangered, rare, or threatened species, would not result in
any significant effects relating to traffic, noise, air/water quality, and can be
adequately served by all required utilities and public services.
4. Surrounding Uses
The proposed development incorporates a land use that is compatible with
adjacent properties. The design regulations specified for mixed-use and
241
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City Council Resolution 2015 -
Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001
Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.)
Adopted: November 3, 2015
Page 4 of 5
commercial uses are compatible with the existing commercial retail located
near the project area and surrounding properties.
5. Architectural Design
The architecture and layout of the buildings are compatible with, and not
detrimental to, the existing surrounding commercial land uses, and is
consistent with the development standards in the Municipal Code and Old
Town La Quinta Specific Plan. The buildings are concluded to be appropriate
for the proposed building location, and supplemental design elements
appropriately enhance the architecture of the building.
6. Site Design
The site design of the project, including project entries, interior circulation,
pedestrian access and amenities, screening, exterior lighting, and other site
design elements are compatible with surrounding development and with
the quality of design prevalent in the city.
7. Landscape Design
The proposed project is consistent with the landscaping standards and plant
palette and implements the standards for landscaping and aesthetics
established in the General Plan and Zoning Code. Additionally, the assorted
species of plants, which are taken from the approved plant list in the Old
Town La Quinta Specific Plan, provide diversity and add character to the
proposed building. The project landscaping for the proposed building, as
conditioned, shall unify and enhance visual continuity of the proposed
building with the surrounding development. Landscape improvements are
designed and sized to provide visual appeal while adequately screening the
aspects of the project, such as the individual garages, from public view. The
permanent overall site landscaping utilizes various tree and shrub species to
enhance the building architecture.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of the City
Council in this case.
SECTION 2. That the above project be determined by the City Council to be exempt
from CEQA pursuant to Section 15332 (Class 32) of the CEQA Guidelines.
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City Council Resolution 2015 -
Specific Plan 2015-0001 (SP 2002-058, Amendment 1); Village Use Permit 2015-0001
Old Town La Quinta/Villas at Old Town (Marvin Investments, Inc.)
Adopted: November 3, 2015
Page 5 of 5
SECTION 3. That it does hereby approve Specific Plan 2015-0001 (SP 2002-058,
Amendment 1), for the reasons set forth in this Resolution.
SECTION 4. That it does hereby approve Village Use Permit 2015-0001, for the reasons
set forth in this Resolution and subject to the attached Conditions of Approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held this 3rd day of November, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_____________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_______________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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244
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 1 of 19
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
(“City”), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Village Use Permit, or any Final
Map recorded thereunder. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. Village Use Permit 2015-001 shall comply with all applicable conditions for the
following related approval(s):
Environmental Assessment 2015-0001
Specific Plan 2015-0001 (Specific Plan 2002-058 Amendment 1)
In the event of any conflict(s) between approval conditions and/or provisions of
these approvals, the Community Development Director shall adjudicate the
conflict by determining the precedence.
3. The Village Use Permit shall expire two years from City Council approval
(November 3, 2017) and shall become null and void in accordance with La Quinta
Municipal Code Section 9.200.080, unless a building permit has been issued. A
time extension may be requested per LQMC Section 9.200.080.
4. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Riverside County Fire Marshal
• La Quinta Public Works Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Water Quality Management Plan
(WQMP) Exemption Form – Whitewater River Region, Improvement Permit)
• La Quinta Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 2 of 19
• SunLine Transit Agency (SunLine)
• South Coast Air Quality Management District Coachella Valley (SCAQMD)
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When these requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
5. Coverage under the State of California Construction General Permit must be
obtained by the applicant; who then shall submit a copy of the Regional Water
Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of
Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City
prior to the issuance of a grading or building permit.
6. The applicant shall comply with applicable provisions of the City’s NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management
and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside
County Ordinance No. 457; the California Regional Water Quality Control Board –
Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water
Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012-0006-
DWQ.
A. For construction activities including clearing, grading or excavation of land
that disturbs one (1) acre or more of land, or that disturbs less than one (1)
acre of land, but which is a part of a construction project that encompasses
more than one (1) acre of land, the Permitee shall be required to submit a
Storm Water Pollution Protection Plan (“SWPPP”).
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for use
in their SWPPP preparation.
B. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including acceptance
of all improvements by the City.
C. The applicant’s SWPPP shall include provisions for all of the following Best
Management Practices (“BMPs”) (8.70.020 (Definitions), LQMC):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 3 of 19
3) Wind Erosion Control.
4) Tracking Control.
5) Non-Storm Water Management.
6) Waste Management and Materials Pollution Control.
D. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
E. The approved SWPPP and BMPs shall remain in effect for the entire duration
of project construction until all improvements are completed and accepted
by the City Council.
F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants,
and Restrictions (CC&Rs), a requirement for the perpetual maintenance and
operation of all post-construction BMPs as required and the applicant shall
execute and record an agreement that provides for the perpetual
maintenance and operation of all post-construction BMPs as required.
7. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee and Transportation Uniform Mitigation Fee programs in
effect at the time of issuance of building permit(s).
8. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual attorney’s fees incurred by the City Attorney to review,
negotiate and/or modify any Storm Water Management/BMP Facilities Agreement,
and Subdivision Improvement Agreements required by these conditions, if
Developer requests that the City modify or revise any Storm Water
Management/BMP Facilities Agreement, and Subdivision Improvement
Agreements prepared initially by the City to effect these conditions. This
obligation shall be paid in the time noted above without deduction or offset and
Developer’s failure to make such payment shall be a material breach of the
Conditions of Approval.
9. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual consultant’s fees incurred by the City for engineering
and/or surveying consultants to review and/or modify any subdivision maps, rough
grading plans, precise grading plans, street improvement plans, signing and
striping plans, storm drain plans, PM-10 dust control plans, hydrology studies, and
WQMP’s required by this project. This obligation shall be paid in the time noted
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 4 of 19
above without deduction or offset and Developer’s failure to make such payment
shall be a material breach of the Conditions of Approval.
PROPERTY RIGHTS
10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction and reconstruction of essential improvements.
11. The applicant shall offer for dedication on the Final Map all public street rights-of-
way in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
12. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
Pursuant to this requirement, the Applicant shall include in the submittal packet
containing the draft final map submitted for map checking, an offsite street
geometric layout, drawn at 1” equals 40 feet, detailing the following design
aspects: outside curb line, lane line alignment including lane widths, left turn
lanes, deceleration lane(s) and parking cut outs.
13. When the City Engineer determines that access rights to the proposed street
rights-of-way shown on the approved Village Use Permit are necessary prior to
approval of the improvements dedicating such rights-of-way, the applicant shall
grant the necessary rights-of-way within 60 days of a written request by the City.
14. Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes on
the Final Map.
15. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, park lands, and common areas on the Final Map.
16. Direct vehicular access is restricted, except for those access points identified on
the Village Use Permit, or as otherwise conditioned in these conditions of approval.
17. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 5 of 19
retaining wall construction, permanent slopes, or other encroachments will occur.
18. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
Parcel Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
19. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for
Individual Properties and Development) for public streets; and Section 13.24.080
(Street Design - Private Streets), where private streets are proposed.
20. Public Streets shall have vertical curbs or other approved curb configurations that
will convey water without ponding, and provide lateral containment of dust and
residue during street sweeping operations. If a wedge or rolled curb design is
approved, the lip at the flowline shall be near vertical with a 1/8" batter and a
minimum height of 0.1'. The existing rolled curb on Main Street, adjacent to the
project shall be retained. Unused curb cuts on any lot shall be restored to
standard curb height prior to final inspection of permanent building(s) on the lot.
21. All gated entries shall provide for a three-car minimum stacking capacity for
inbound traffic to be a minimum length of 62 feet from call box to the street or as
approved by the City Engineer.
Private entry drives, main interior circulation routes, standard knuckles, corner
cutbacks, bus turnouts, dedicated turn lanes and other features shown on the
approved construction plans, shall generally conform to the Village Use Permit
Preliminary Drainage and Grading Plan Sheet C-5.
22. Improvements shall include appurtenances such as traffic control signs, markings
and other devices, raised medians if required, street name signs and sidewalks.
Mid-block street lighting is not required.
PARKING LOTS and ACCESS POINTS
23. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe parking stall
design shall conform to LQMC Chapter 9.150.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 6 of 19
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
evaluate ADA path of travel.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 18 feet with a 2-foot overhang or as approved by the City
Engineer. One van accessible handicapped parking stall is required per 6
handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 24 feet with
access drive aisles to Public Streets a minimum of 24 feet as shown on the
Preliminary Precise Grading Plan or as approved by the City Engineer. On-
street parking shall be prohibited except in designated parking stall areas.
The applicant shall make provisions for perpetual enforcement of the “No
Parking” restrictions.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other features
shown on the approved construction plans, may require additional street widths
and other improvements as may be determined by the City Engineer.
24. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site-specific data for soil strength
and anticipated traffic loading (including construction traffic). Minimum structural
sections shall be as follows:
Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
or the approved equivalents of alternate materials.
25. The applicant shall submit current mix designs (less than two years old at the time
of construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include recent
(less than six months old at the time of construction) aggregate gradation test
results confirming that design gradations can be achieved in current production.
The applicant shall not schedule construction operations until mix designs are
approved.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 7 of 19
26. Improvements shall be designed and constructed in accordance with City adopted
standards, supplemental drawings and specifications, or as approved by the City
Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by engineers registered in California.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as “engineer,”
“surveyor,” and “architect,” refer to persons currently certified or licensed to practice their
respective professions in the State of California.
27. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of LQMC Section 13.24.040 (Improvement Plans).
28. The following improvement plans shall be prepared and submitted for review and
approval by the Public Works Department. A separate set of plans for each line
item specified below shall be prepared. The plans shall utilize the minimum scale
specified, unless otherwise authorized by the City Engineer in writing. Plans may
be prepared at a larger scale if additional detail or plan clarity is desired. Note, the
applicant may be required to prepare other improvement plans not listed here
pursuant to improvements required by other agencies and utility purveyors.
A. On-Site Rough Grading Plan 1" = 40' Horizontal
B. PM10 Plan 1” = 40’ Horizontal
C. WQMP (Plan submitted in Report Form)
D. On-Site Precise Grading Plan 1” = 30’ Horizontal
E. On-Site Street Improvements/Signing & Striping/Storm Drain Plan
1" = 40' Horizontal, 1"= 4' Vertical
NOTE: A through E to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 8 of 19
All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project limits,
or a distance sufficient to show any required design transitions.
All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit
Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue
RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans
and/or as approved by the Engineering Department.
“Rough Grading” plans shall normally include perimeter walls with Top Of Wall &
Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of
cover, or sufficient cover to clear any adjacent obstructions.
The applicant shall prepare an accessibility assessment on a marked up print of
the building floor plan identifying every building egress and notes the 2013
California Building Code accessibility requirements associated with each door. The
assessment will allow the Public Works Department to verify that the path of
travel shown on the precise grading plans matches up with the proposed building
entry and exit point, and must comply with submittal requirements of the Building
& Safety Department. A copy of the reviewed assessment shall be submitted to
the Public Works Department in conjunction with the Village Use Plan when it is
submitted for plan checking.
In addition to the normal set of improvement plans, a “Site Development” plan is
required to be submitted for approval by the Building Official, Community
Development Director and the City Engineer.
“Site Development” plans shall normally include all on-site surface improvements
including but not limited to finish grades for curbs & gutters, building floor
elevations, wall elevations, parking lot improvements and ADA requirements.
29. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the “Plans, Notes and Design
Guidance” section of the Public Works Department at the City website (www.la-
quinta.org). Please navigate to the Public Works Department home page and look
for the Standard Drawings hyperlink.
30. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer (currently mylars).
31. Upon completion of construction, and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with reproducible
record drawings of all improvement plans which were approved by the City. Each
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 9 of 19
sheet shall be clearly marked "Record Drawing" and shall be stamped and signed
by the engineer or surveyor certifying to the accuracy and completeness of the
drawings. The applicant shall have all approved mylars previously submitted to
the City, revised to reflect the as-built conditions. The applicant shall employ or
retain the Engineer Of Record during the construction phase of the project so that
the EOR can make site visits in support of preparing "Record Drawing". However, if
subsequent approved revisions have been approved by the City Engineer and
reflect said "Record Drawing" conditions, the Engineer Of Record may submit a
letter attesting to said fact to the City Engineer in lieu of mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
32. Prior to constructing any off-site improvements, the applicant shall deposit
securities equivalent to both a Performance and Labor & Material Bonds each
valued at 100% of the cost of the off-site improvements, or as approved by the
City Engineer.
33. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements; and shall provide for the setting of the final survey
monumentation.
34. When improvements are phased through a “Phasing Plan,” or an administrative
approval (e.g., Site Development Permits), all off-site improvements and common
on-site improvements (e.g., backbone utilities, retention basins, perimeter walls,
landscaping and gates) shall be constructed, or secured, prior to the issuance of
any permits in the first phase of the development, or as otherwise approved by the
City Engineer.
Improvements and obligations required of each subsequent phase shall either be
completed, or secured, prior to the completion of homes or the occupancy of
permanent buildings within such latter phase, or as otherwise approved by the City
Engineer.
In the event the applicant fails to construct the improvements for the
development, or fails to satisfy its obligations for the development in a timely
manner, pursuant to the approved phasing plan, the City shall have the right to
halt issuance of all permits, and/or final inspections, withhold other approvals
related to the development of the project, or call upon the surety to complete the
improvements.
35. Depending on the timing of the development of this Village Use Permit, and the
status of the off-site improvements at the time, the applicant may be required to:
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VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
Page 10 of 19
A. Construct certain off-site improvements.
B. Construct additional off-site improvements, subject to the reimbursement
of its costs by others.
C. Reimburse others for those improvements previously constructed that are
considered to be an obligation of this tentative tract map.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
Off-Site Improvements should be completed on a first priority basis. The applicant
shall complete Off-Site Improvements in the first phase of construction or by the
issuance of the 20 % Building Permit.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall, prior to the approval of the Final Map,
or the issuance of any permit related thereto, reimburse the City for the costs of
such improvements.
36. The applicant shall submit detailed construction cost estimates for all proposed
on-site and off-site improvements, including an estimate for the final survey
monumentation, for checking and approval by the City Engineer. Such estimates
shall conform to the unit cost schedule as approved by the City Engineer.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant’s
detailed cost estimates. Security will not be required for telephone, natural gas, or
Cable T.V. improvements. Security for water and sewer improvements will not be
required provided the applicant can demonstrate that such securities have been
collected by the Coachella Valley Water District.
GRADING
37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading
Improvements).
38. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
39. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
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VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
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A. A grading plan prepared by a civil engineer registered in the State of
California,
B. A preliminary geotechnical (“soils”) report prepared by an engineer
registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter
6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with LQMC
Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and
Storm Management and Discharge Controls).
E. WQMP prepared by an appropriate professional registered in the State of
California.
All grading shall conform with the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by soils engineer, or
engineering geologist registered in the State of California.
A statement shall appear on the Final Map that a soils report has been prepared in
accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
Additionally, the applicant shall replenish said security if expended by the City of
La Quinta to comply with the Plan as required by the City Engineer.
40. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan.
41. Grading within the perimeter setback and parkway areas shall conform to the
approved Village Use Permit plans.
42. Building pad elevations on the rough grading plan submitted for City Engineer’s
approval shall conform with pad elevations shown on the tentative map, unless
the pad elevations have other requirements imposed elsewhere in these
Conditions of Approval, or as approved by the City Engineer.
43. Building pad elevations of perimeter lots shall not differ by more that one foot
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higher from the building pads in adjacent developments.
44. The applicant shall minimize the differences in elevation between the adjoining
properties and the lots within this development.
45. Prior to any site grading or regrading that will raise or lower any portion of the site
by more than plus or minus half of a foot (0.5’) from the elevations shown on the
approved Village Use Permit, the applicant shall submit the proposed grading
changes to the City Engineer for approval through a substantial conformance
review.
46. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor and applicable compaction tests and over excavation documentation
prepared by a qualified soils engineer.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if any.
Such pad certification shall also list the relative compaction of the pad soil. The
data shall be organized by lot number, and listed cumulatively if submitted at
different times.
DRAINAGE
47. Stormwater handling shall conform with the approved final hydrology and
drainage report for the Old Town Villas, or as approved by the City Engineer.
Nuisance water shall be disposed of in an approved manner.
48. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 –
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin
Design Requirements. More specifically, stormwater falling on site during the 10
year storm shall be retained within the development, unless otherwise approved
by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or
24 hour event producing the greatest total run off.
49. Nuisance water shall be retained on site. Nuisance water shall be disposed of per
approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report
with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering
Bulletin No. 06-015 - Underground Retention Basin Design Requirements.
50. In design of retention facilities, the maximum percolation rate shall be two inches
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per hour. The percolation rate will be considered to be zero unless the applicant
provides site specific data indicating otherwise and as approved by the City
Engineer.
51. No fence or wall shall be constructed around any retention basin unless approved
by the Community Development Director and the City Engineer.
52. For on-site above ground common retention basins, retention depth shall be
according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary
Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1
and shall be planted with maintenance free ground cover. Additionally, retention
basin widths shall be not less than 20 feet at the bottom of the basin.
53. Stormwater may not be retained in landscaped parkways. Only incidental storm
water (precipitation which directly falls onto the setback) will be permitted to be
retained in the landscape setback areas.
54. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
55. The development shall be graded to permit storm flow in excess of retention
capacity to flow out of the development through a designated overflow and into
the historic drainage relief route.
56. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
57. The applicant shall comply with applicable provisions for post construction runoff
per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq.
(Stormwater Management and Discharge Controls), and 13.24.170 (Clean
Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional
Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board
Order No. R7-2008-001 and the State Water Resources Control Board’s Order No.
2009-0009-DWQ and Order No. 2010-0014-DWQ or the most current order that is
in effect.
A. For post-construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation and
maintenance of BMPs per the approved Water Quality Management Plan
(WQMP) for the project as required by the California Regional Water Quality
Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No.
R7-2008-001 or the current order that is in effect.
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VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
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B. The applicant shall implement the WQMP Design Standards per (CRWQCB-
CRB) Region Board Order No. R7-2008-001 or the current order that is in
effect utilizing BMPs approved by the City Engineer. A project specific WQMP
shall be provided which incorporates Site Design and Treatment BMPs
utilizing first flush infiltration as a preferred method of NPDES Permit
Compliance for Whitewater River receiving water, as applicable.
C. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and
operation of stormwater BMPs.
UTILITIES
58. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
59. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above-ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water valves,
and telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
60. Existing overhead utility lines within, or adjacent to the proposed development,
and all proposed utilities shall be installed underground.
The 92 KV transmission power poles and all existing utility lines attached to joint
use 92 KV transmission power poles are exempt from the requirement to be
placed underground.
61. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply with
trench restoration requirements maintained, or required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer. Additionally, grease traps and the maintenance
thereof shall be located as to not conflict with access aisles/entrances.
CONSTRUCTION
62. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly-
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on-site streets in
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CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
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residential developments are initially constructed with partial pavement thickness,
the applicant shall complete the pavement prior to final inspections of the last ten
percent of homes within the development or when directed by the City, whichever
comes first.
LANDSCAPE AND IRRIGATION
63. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans).
64. Landscape and irrigation plans shall be signed and stamped by a licensed
landscape architect.
65. All new landscape areas shall have landscaping and permanent irrigation
improvements in compliance with the City’s Water Efficient Landscape regulations
contained in LQMC Section 8.13 (Water Efficient Landscape).
66. The applicant shall submit the final landscape plans for review, processing and
approval to the Community Development Department, in accordance with the
Final Landscape Plan application process as a final landscape plan. Community
Development Director approval of the final landscape plans is required prior to
issuance of the first building permit unless the Community Development Director
determines extenuating circumstances exist which justify an alternative
processing schedule.
NOTE: Plans are not approved for construction until signed by the appropriate City
official, including the Community Development Director and/or City Engineer.
Prior to final approval of the installation of landscaping, the Landscape Architect
of record shall provide the Community Development Department a letter stating
he/she has personally inspected the installation and that it conforms with the final
landscaping plans as approved by the City.
If staff determines during final landscaping inspection that adjustments are
required in order to meet the intent of the Planning Commission’s approval, the
Community Development Director shall review and approve any such revisions to
the landscape plan.
PUBLIC SERVICES
67. The applicant shall provide public transit improvements if required by SunLine
Transit Agency and approved by the City Engineer.
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CITY COUNCIL RESOLUTION 2015-
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VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
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MAINTENANCE
68. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
69. The applicant shall make provisions for the continuous and perpetual
maintenance of perimeter landscaping up to the curb, including outdoor furniture,
access drives, sidewalks, and stormwater BMPs.
FEES AND DEPOSITS
70. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees
and Deposits). These fees include all deposits and fees required by the City for
plan checking and construction inspection. Deposits and fee amounts shall be
those in effect when the applicant makes application for plan check and permits.
FIRE DEPARTMENT
71. The submitted Fire Access Study (Exhibit 1.1 of VUP 2015-0001) is approved by the
Fire Department. There will be no further conditions regarding fire department
access. The following conditions are still required as they were not addressed as
part of the Fire Access Study.
72. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access lanes
will not have an up, or downgrade of more than 15%. Access roads shall have an
unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes
will be designed to withstand the weight of 60 thousand pounds over 2 axles.
Access will have a turning radius capable of accommodating fire apparatus.
Access lane shall be constructed with a surface so as to provide all weather driving
capabilities.
73. Where required, fire apparatus access roads shall have approved signs or other
approved notices or markings that include the words NO PARKING-FIRE LANE. The
means by which fire lanes are designated shall be maintained in a clean and
legible conditions at all times and be replaced or repaired when necessary to
provide adequate visibility.
74. Where the vertical distance between the grade and the highest roof surface
exceeds 30 feet, approved aerial Fire Department apparatus access road shall be
provided. Overhead utility and power lines shall not be located over the aerial Fire
Department access road or between the aerial Fire Dept. access road and the
building
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CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
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75. The required fire flow shall be available from 4 Super hydrant(s) (6" x 4" x 21/2" x
21/2") spaced not more than 400 apart and shall be capable of delivering a fire
flow 2000 GPM per minute for two hours duration at 20 psi residual operating
pressure, which must be available before any combustible material is placed on
the construction site.
76. Prior to issuance of building permits, the water system for fire protection must be
provided as approved by the Fire Department and the local water authority.
77. Blue dot retro-reflector pavement markers shall be located on private streets,
public streets and driveways to indicate location of the fire hydrant per standard
number 06-05 (located at www.rvcfire.org)
78. An approved Fire Department access key lock box (Minimum Knox Box 3200 series
model) shall be installed next to the approved Fire Department access door to the
building. If the buildings are protected with an alarm system, the lock box shall be
required to have tampered monitoring. Required order forms and installation
standards may be obtained at the Fire Department.
79. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in
height for building(s) up to 25’ in height. In complexes with alpha designations,
letter size must match numbers. All addressing must be legible, of a contrasting
color, and adequately illuminated to be visible from street at all hours.
80. Gate(s) shall be automatic or manual operated. Install Knox key operated
switches, with dust cover, mounted per recommended standard of the Knox
Company. Building plans shall include mounting location/position and operating
standards for Fire Department approval.
81. Nothing in our review shall be construed as encompassing structural integrity.
Review of this plan does not authorize or approve any omission or deviation from
all applicable regulations. Final approval is subject to plan review and field
inspection.
MISCELLANEOUS
82. The site shall be monitored during on- and off-site trenching and rough grading by
Native American monitors. Proof of retention of monitors shall be given to the City
prior to issuance of the first earth-moving or clearing permit. If buried cultural
materials are discovered during any earth-moving operations associated with the
project, all work in that area shall be halted or diverted until a qualified
archaeologist can evaluate the nature and significance of the finds.
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83. Collected archaeological artifacts shall be properly prepared for long term
curation, meeting the Secretary of Interior Standards and Guidelines for curation,
and shall be properly curated at a curation facility meeting Secretary of Interior
Standards and Guidelines for curation prior to issuance of first Certificate of
Occupancy for the property. Materials shall be accompanied by descriptive
catalogue, field notes and records, primary research data, and the original
graphics.
84. The County Coroner shall be contacted if human remains are identified during
earthmoving activities. If the remains are determined to be of Native American
origin, the Native American Heritage Commission (NAHC) shall be contacted. The
NAHC will make a determination of the Most Likely Descendent (MLD). The City
and the landowner will work with the designated MLD to determine the final
disposition of the remains.
85. A final report shall be submitted to the Community Development Department prior
to the issuance of the first Certificate of Occupancy for Phase Two of the project.
The report shall include an appended itemized inventory of specimens and
pertinent discussions of the significance of all recovered resources where
appropriate. The report and inventory, when submitted to the City, will signify
completion of archaeological resource monitoring.
86. In order to satisfy the 45 dBA CNEL interior noise standards, the Project shall
provide the following or equivalent noise attenuation measures:
• Windows: All windows and sliding glass doors shall be well fitted, well
weather-stripped assemblies and shall have a minimum sound transmission
class (STC) rating of 27.
• Doors: All exterior doors shall be well weather-stripped solid core assemblies
at least one and three-fourths-inch thick.
• Roof: Roof sheathing of wood construction shall be well fitted or caulked
plywood of at least one-half inch thick. Ceilings shall be well fitted, well
sealed gypsum board of at least one-half inch thick. Insulation with at least a
rating of R-19 shall be used in the attic space.
• Ventilation: Arrangements for any habitable room shall be such that any
exterior door or window can be kept closed when the room is in use. A forced
air circulation system (e.g. air conditioning) shall be provided which satisfies
the requirements of the Uniform Mechanical Code.
87. A public restroom shall be provided within the commercial area of Building A or
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CITY COUNCIL RESOLUTION 2015-
CONDITIONS OF APPROVAL - RECOMMENDED
VILLAGE USE PERMIT 2015-0001
VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.)
NOVEMBER 3, 2015
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Building B. Confirmation of the location of the restroom shall be provided prior to
issuance of a building permit.
88. No signage is permitted with this approval. A separate permit from the
Community Development Department is required for any temporary or permanent
signs. The existing Sign Program for Old Town La Quinta shall be applied to the
Villas at Old Town.
89. The Environmental Graphic on the east-facing elevation of Building B requires a
sign permit. Size, materials, and duration will be reviewed by the Community
Development as part of the sign permit review. The Graphic shall be utilized for
the advertisement of special events (i.e. La Quinta Arts Festival, Arts Under the
Umbrellas), and shall not be used for product advertising.
90. The uses proposed within the ground-floor commercial space shall be consistent
with the uses permitted in the Old Town La Quinta Specific Plan. The City reserves
the right to review and monitor the operation of the commercial uses and modify
Conditions of Approval regarding hours of operation, occupancy, and other
operational conditions should it be determined that any uses or conditions are
detrimental to the public health, welfare, or materially injurious to property, or
constitute a public nuisance.
91. The City’s ordinance that allows for a temporary 50% reduction in required parking
for new projects (City Council Ordinance 2015-007) shall be applicable to this
Village Use Permit. Design and allocation of parking shall be determined prior to
the issuance of a building permit.
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Project Information
CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2015-0001
SPECIFIC PLAN 2015-0001 (SP 2002-058 AMENDMENT 1)
VILLAGE USE PERMIT 2015-0001
APPLICANT: MARVIN INVESTMENTS, INC.
PROPERTY OWNER: OLD TOWN LA QUINTA, LLC/CITY OF LA QUINTA
ARCHITECT: DANIELIAN ASSOCIATES
LANDSCAPE
ARCHITECT: HERMANN DESIGN GROUP
ENGINEER: COACHELLA VALLEY ENGINEERS
REQUEST: CONSIDERATION OF A SPECIFIC PLAN AMENDMENT AND
VILLAGE USE PERMIT FOR REVISIONS TO THE OLD TOWN LA
QUINTA SPECIFIC PLAN AND THE PROPOSED VILLAS AT OLD
TOWN
LOCATION: SOUTH OF CALLE TAMPICO BETWEEN AVENIDA BERMUDAS
AND THE LA QUINTA CIVIC CENTER
GENERAL PLAN
DESIGNATION: VILLAGE COMMERCIAL
ZONING
DESIGNATION: VILLAGE COMMERCIAL
SURROUNDING
ZONING/LAND USES: NORTH: VILLAGE COMMERCIAL
EXISTING COMMERCIAL DEVELOPMENT
SOUTH: VILLAGE COMMERCIAL
VACANT, UN-ENTITLED LAND
EAST: VILLAGE COMMERCIAL
EXISTING COMMERCIAL DEVELOPMENT
WEST: MAJOR COMMUNITY FACILITIES
CIVIC CENTER CAMPUS
ATTACHMENT 1
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CALLE TAMPICO
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CALLE ESTADO City of La Quinta
Community Development Department
Old Town & VillasProject Area Site Map
September 22, 2015
®
Planning Division
Old Town La Quinta
Villas at Old Town
ATTACHMENT 2
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Old Town La Quinta Specific Plan Amendment 1
(Specific Plan 2015-0001 – SP 2002-058, Amendment 1)
Prepared by:
Marvin Investments, Inc.
78100 Main Street, Suite 203
La Quinta, CA 92253
October 6, 2015
Adopted by City Council Resolution 2015-____
ATTACHMENT 3
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 2
This Specific Plan Amendment is divided into two parts:
Part A addresses Old Town La Quinta (page 3)
Part B addresses the Villas at Old Town (page 19)
Please refer to the following exhibit:
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 3
Part A: Old Town La Quinta
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 4
Table of Contents: Old Town La Quinta
1. Introduction & Setting
1.1 Executive Summary
1.2 Purpose & Intent
1.3 Project Location
1.4 Site Characteristics
1.5 Background & History
1.6 General Plan & Zoning
2. Specific Plan
2.1 Project Description
2.2 Development Objectives
2.3 Land Use Plan
2.4 Circulation
2.5 Parking
3. Development Standards
3.1 Overview
3.2 Variations from LQMC
4. Design Guidelines
4.1 Architectural Guidelines
4.2 Landscape Guidelines
5. Plan Administration
5.1 Amendment
5.2 Interpretation
5.3 Enforcement
6. General Plan Consistency
6.1 Overview
6.2 Consistency Analysis
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 5
List of Exhibits
1 Aerial photograph
2 Existing land use
3 Existing zoning
4 Overall site plan of Old Town La Quinta
5 Plaza Landscape Plans
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 6
1. INTRODUCTION & SETTING
1.1 EXECUTIVE SUMMARY
Old Town La Quinta currently consists of five buildings totaling approximately 102,000 square
feet of offices, retail shops, services, restaurants, and event lawn on approximately 6 acres of
property. See Exhibits 1 and 4.
This Specific Plan Amendment will allow for the following:
Closure of Linden Lane in front of The Grill on Main and La Rue Wine Bar between Main
Street and Avenida La Fonda to create an outdoor plaza for dining, drinking, and live
music.
Construction of an exterior staircase to access the large second floor restaurant at
78065 Main Street.
Conversion of existing office space to future residential use.
Blanket approval for art, music, farmers market, and other events with fewer than one
thousand attendees at a time within Old Town.
Applicant may seek building department approval for a roof deck for restaurant and
music not to exceed 3,000 square feet.
Vacant pad at the southeast corner of Calle Tampico and Avenida Bermudas (previously
entitled for up to a 27,000 square foot building) will be converted into a paved parking
lot.
Additional square footage in the existing buildings to be used for food related uses (i.e.
restaurants, juice bar, tap room, bakery, etc.). No new buildings are proposed as part
this of the Specific Plan Amendment.
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Old Town
Exhibit 1
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 8
1. The distribution, location, and extent of the uses of land, including open space, within the
area covered by the plan.
2. The proposed distribution, location and extent and intensity of major components of
public and private transportation, sewage, water, drainage, solid waste disposal, energy,
and other essential facilities proposed to be located within the area covered by the plan
and needed to support the land uses described by the plan.
3. Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
4. A program of implementation measures including regulations, programs, public works
projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)."
The Specific Plan shall include a statement of the relationship of the specific plan to the General
Plan. The establishment of specific performance, design, and development standards is set
forth to guide the development of the subject property in such a way as to implement the
General Plan while maintaining some flexibility to respond to changing conditions which may be
a factor in any long term development program. The document also acts to augment the City's
Zoning Ordinance by providing particular design guidelines, a tailored list of allowable,
conditionally allowable, and prohibited uses for the site, and unique development standards.
1.3 PROJECT LOCATION
Old Town La Quinta is located east of Avenida Bermudas, south of Calle Tampico, north of
Avenida La Fonda and west of Desert Club Drive. In addition, it includes two parking lots south
of Calle Tampico east of Desert Club Drive.
Calle Tampico is designated a Primary Arterial according to the City’s General Plan. Property to
the north, across Calle Tampico between Avenida Bermudas and Desert Club Drive contains an
Embassy Suites Hotel with 145 rooms and 72-unit casitas, the Sandbar restaurant, a Circle K
and a Mexican market and vacant commercial pads. Both of the intersections are fully
signalized. To the west of Old Town are a City-owned paved parking lot, a thrift store, and two
vacant lots. To the south of Old Town, across Avenida La Fonda, is The Crab Pot, vacant lots,
and a liquor store. To the east of Old Town is City-owned vacant land and a Verizon facility.
1.4 SITE CHARACTERISTICS
The site is flat and is developed with streets, buildings, landscaping, sidewalks, and parking lots.
There is one approximately 0.4 acre parcel at the corner of Calle Tampico and Bermudas, which
is a grass and dirt pad. Public streets surround the site.
1.5 BACKGROUND AND HISTORY
The first phase and existing streets in Old Town were built in 2002-2003. The second phase
was completed in 2007. Old Town provides visitors with office space, a bank, restaurants, bars,
retail stores, salons, and services. It is a place for locals, snowbirds, and visitors to the Valley to
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shop, stroll and dine. It also provides a location for a farmers market, Art Under the Umbrellas,
Taste of La Quinta, Fall Family Festival, and many other events utilizing the event lawn and
Main Street.
1.6 GENERAL PLAN & ZONING
Implementation of this Specific Plan is intended to carry out the goals and policies contained in
the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a
designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the
site is shown in Exhibit 2.
The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts
the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use
Permit or Specific Plan to establish an overall master development plan for property located with
the Village Commercial (VC) zoning classification.
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Exhibit 2: Existing land use
Exhibit 3: Existing zoning
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Old Town
Exhibit 4
La Quinta Spe
: Old Town L
cific Plan Ame
La Quinta O
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2002‐058 Ame
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 12
2. SPECIFIC PLAN
2.1 PROJECT DESCRIPTION
There are a few changes to the physical appearance and land uses of Old Town proposed by
this Specific Plan Amendment. The physical changes to Old Town are proposed as follows:
The permanent improvement of the parking lot at the corner of Avenida Bermudas and
Calle Tampico into a new paved parking lot with 42 parking spaces, with associated
landscaping, lighting and irrigation. This lot was originally designed to allow for the
construction of a two-story building containing up to 27,000 square feet of retail and
office space, but has been used as a parking lot for the last ten years.
Closure of Linden Lane, between Main Street and Avenida La Fonda, in front of The Grill
on Main and La Rue Wine Bar. This street closure would allow for the installation of a
pedestrian-oriented plaza to be used for events and for additional dining and bar areas
for the adjacent restaurants. See Exhibit 5 Plaza Plans.
Addition of an exterior staircase leading to the second floor patio/restaurant space of the
building located at 78065 Main Street. This staircase would allow for direct access to
that restaurant from the plaza to enhance the customer experience. This staircase
would be in addition to the existing two internal building staircases and one elevator
used to access this restaurant space now.
Cables and lights would be added for both shade and lighting above the plaza area.
Roof decks not to exceed 3,000 square feet each could be added to 78065 Main Street
and 78085 Main Street to incorporate dining and bars.
The changes in use in Old Town are proposed as follows:
The percentage of restaurant space allowed would be changed from 20,400 square feet
(16% of the 127,500 square feet of existing entitlements) to 34,000 square feet. This
increase is needed to meet market demand and is justified by the addition of both on-site
parking in Old Town and the elimination of one 27,000 square foot building from the
approvals. This 34,000 square feet of restaurants would include conditioned space and
enclosed patios. It would not include beer garden on the plaza or potential roof deck.
The conversion at some point in the future of some or all of the office space located on
the second floor of Old Town to use as residential units. A maximum of 30 new
condominium units of one to three bedrooms would be created in what are now offices.
These condominiums would range in size from 850 to 2,400 square feet. One reserved
parking space per unit would be delineated or private garages, built over existing parking
places, would be built on site for these condominiums.
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 13
The creation of the outdoor dining and bar area with fire pits, fountains, and outdoor
music to allow for the adjacent restaurants to serve customers in a festive and inviting
environment. This outdoor venue would not be counted in the restaurant space
limitation because it would only be used seasonally and for special events. A valet
parking area may be created on the Main Street side of the plaza. These valet parking
areas would be completely out of existing vehicular paths of travel, and would not
interrupt traffic. Valet parking will use existing parking spaces but will allow more cars to
park in the same area.
This amendment will allow an exemption from Temporary Use Permits for events held
on the property which is part of this Specific Plan for arts festivals, farmer’s markets,
music festivals and similar public events with total attendance of less than 1,000 people.
Applicable Alcohol Beverage Control and County Health Permits will still be required.
Police and Fire standards will be observed. City will review special event usage with
applicant annually.
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Exhibit 5: Plaza Plans
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2.2 DEVELOPMENT OBJECTIVE
The objective of this amendment to the Specific Plan is to allow for the continued, but enhanced
enjoyment of Old Town by both tenants and the public. It will allow for more variety of
restaurants, tap rooms, bars and food concessions. It will also give the flexibility to allow people
to live at Old Town at some future date when the market justifies by conversion of office space
to residences. It will further allow for more public events and pedestrian friendly areas for
relaxation away from cars and traffic. Finally it provides for more paved parking for both tenants
and guests.
2.3 LAND USE PLAN
The land use is being changed by eliminating one approved building, building a paved parking
lot, closing off Linden Lane for a pedestrian plaza and conversion of buildings into mixed use
(including residential uses).
2.4 CIRCULATION PLAN
The existing circulation in and around Old Town will not change except for the elimination of the
Linden Lane connection between Avenida La Fonda and Main Street. The elimination of this
two hundred foot section of street will not change the circulation as two-way traffic will continue
on Avenida La Fonda and Main Street with connections to Desert Club Drive and Avenida
Bermudas using either street.
The new parking lot being created at the corner of Calle Tampico and Avenida Bermudas will
have an entry and exit point into the existing driveway (street in the middle of the site). This
access point is adjacent to and utilizes the existing access to Calle Tampico. In this way this
parking lot can be safely entered and exited during events using the event lawn and even the
parking lot adjacent to the event lawn. This will add flexibility to event planning and parking.
2.5 PARKING
176 parking spaces are provided on-site and another 42 will be added by the construction of the
new parking lot at the corner of Calle Tampico and Avenida Bermudas. Five spaces will be lost
when the plaza is constructed. Approximately 220 spaces are available off-site for a total of
nearly 440 parking spaces. These off-site spaces are located near to the site (within 300 feet)
on the east side of Desert Club Drive, on Avenida La Fonda and in the two public parking lots
on the west side of Avenida Bermudas. The plan proposes to use the City’s allowed method for
alternative parking standards. The site has been designed to promote pedestrian mobility, as
suggested in the City of La Quinta Village Design Guidelines, by grouping of mixed uses and
using design elements such as ample shading, a central plaza, seating areas and decorative
paving. This design will encourage people from nearby businesses and residences to walk to
the site, thereby reducing the need for on-site parking.
The plan anticipates using a shared parking arrangement as permitted in the City Zoning
Ordinance Section 9.150.070. This statement maintains that parking for non-residential uses
shall be within 300 feet of the uses served by the parking and shall be located in a commercial
district. In addition, the sit-down restaurants will be open during evening hours, when most office
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and retail uses will be closed. A significantly larger number of parking spaces will be available
during the hours for restaurant use.
This method of providing spaces through shared parking will reduce the number of automobiles
on the site. This is important for the design concept of a pedestrian oriented commercial village.
Forty-two new parking spaces will be added to Old Town with the new parking lot. Closing
Linden Lane will eliminate five spaces. These new spaces as well existing parking, adjacent
City owned parking lots and nearby streets will supply adequate parking for events and
everyday use. Parking for residential use will be by one reserved space per residential unit or
private garages to be built at time of conversion to residential. These garages will be built on
existing surface lots owned by Old Town.
3. DEVELOPMENT STANDARDS
3.1 OVERVIEW
The uses and development standards shall be generally in accordance with the provisions of
the La Quinta Zoning and General Plan regulations. Should conflict occur between the
regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In
addition to the permitted uses of the Village Commercial zoning temporary outdoor events may
be permitted in accordance with Section 9.100.140 of the Zoning Ordinance.
3.2 VARIATIONS FROM LQMC
No new variances from the LQMC are proposed.
4. DESIGN GUIDELINES
4.1 ARCHITECTURAL GUIDELINES
No changes to the design guidelines are proposed.
4.2 LANDSCAPE GUIDELINES.
No changes to the landscape guidelines are proposed.
5. PLAN ADMINISTRATION
5.1 AMENDMENT
This chapter describes the procedures for administration and implementation of the Specific
Plan.
The Specific Plan establishes the general intent and comprehensive framework for development
of the community. Minor modifications that are consistent with the purpose and intent of the
current Old Town Specific Plan are allowed at the discretion of the Community Development
Director or designee. Therefore, it is intended that this Specific Plan provide City Staff with the
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 17
flexibility to interpret the details of project development as well as those items discussed in
general terms in the Specific Plan without requiring a Specific Plan Amendment.
Requests for administrative changes shall be made in writing. If and when it is determined that
changes or adjustments are necessary or appropriate, the Community Development Director or
designee shall approve these administratively. After approval, any such amendment will be
attached to the Specific Plan as an addendum and may be further changed and amended from
time to time as necessary.
Administrative Changes
Representative examples of such changes may include, but are not limited to:
The addition of new information to the Specific Plan maps or text that do not
substantially change the effect of any regulation. The new information may include more
detailed, site- specific information.
Changes to community infrastructure such as drainage systems, roads, water and sewer
systems, etc.
Modification of architectural or landscape design criteria or details. No changes to the
existing criteria for architecture or landscaping are being proposed.
The applicant is responsible for coordinating an annual review of special events with the
Community Development Department. Subject to this review, the Department may
revise or revoke the exemption from Temporary Use Permits.
5.2 INTERPRETATION
Where there is ambiguity between the Specific Plan and the Zoning Code, the Director of
Community Development shall review pertinent information and make a determination as to
which code or standard applies. All determinations shall be in writing and shall be attached to
the Specific Plan as noted under Administrative Changes, earlier in this section.
All uses not specifically listed in this Specific Plan are prohibited. However, the Community
Development Director may determine that a use not listed is included within or comparable to a
listed use and, once so determined; it shall be treated in the same manner as a listed use.
5.3 ENFORCEMENT
The City of La Quinta shall administer the provisions of the Old Town Specific Plan in
accordance with the State of California Government Code, Subdivision Map Act, the City of La
Quinta General Plan, and the City of La Quinta Municipal Code.
The Specific Plan development procedures, regulations, standards, and specifications shall
supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be
amended in the future.
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All regulations, conditions, and programs contained herein shall be deemed separate distinct
and independent provisions of this Specific Plan. In the event that any such provision is held
invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall
not be affected.
Any development regulation and building requirement not addressed in this Specific Plan shall
be subject to all relevant City of La Quinta ordinances, codes, and regulations.
The enforcement of the provisions of this Specific Plan shall be by the following: The City of La
Quinta Community Development Department shall enforce the development standards and
design guidelines set forth herein.
Any administrative decision or interpretation of this Specific Plan may be appealed to the
Planning Commission. Likewise, any decision by the Planning Commission may be appealed to
the City Council per 9.200.120 LQMC provisions.
6. GENERAL PLAN CONSISTENCY
6.1 OVERVIEW
It is consistent in style, theme and spirit of surrounding development in the Village. The plan
carefully pays tribute to often stated City planning goals of creating a Village which is pedestrian
friendly and which offers residents both commercial and residential uses in a cohesive historical
context.
6.2 CONSISTENCY ANALYSIS
The uses and development standards shall be generally in accordance with the provisions of
the La Quinta Zoning and General Plan regulations. Should conflict occur between the
regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In
addition to the permitted uses of the Village Commercial zoning temporary outdoor events may
be permitted in accordance with Section 9.100.140 of the Zoning Ordinance.
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Part B: Villas at Old Town
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Table of Contents: Villas at Old Town
1. Introduction & Setting
1.1 Executive Summary
1.2 Purpose & Intent
1.3 Project Location
1.4 Site Characteristics
1.5 Background & History
1.6 General Plan & Zoning
1.7 Utility & Service Providers
1.8 Entitlement Process
2. Specific Plan
2.1 Project Description
2.2 Development Objectives
2.3 Land Use Plan
2.4 Circulation
2.5 Open Space & Recreation
2.6 Water, Sewer & Other Utilities
2.7 Grading & Drainage
2.8 Phasing Plan
3. Development Standards
3.1 Overview
3.2 Development Standards
3.3 Permitted Uses
3.4 Parking
4. Design Guidelines
4.1 Architectural Guidelines
4.2 Landscape Guidelines
5. Plan Administration
5.1 Amendment
5.2 Interpretation
5.3 Enforcement
6. General Plan Consistency
6.1 Overview
6.2 Consistency Analysis
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List of Exhibits
1 Aerial photograph
2 Existing land use
3 Existing zoning
4 Overall site plan of Old Town La Quinta and Villas at Old Town
5 Parking
6 Street Cross Sections
7 Sewer Service Plan
8 Water Service Plan
9 Phasing Plan
10 Landscape Concepts
11 Pedestrian crossing areas to Villas from existing Old Town
12 Architectural vocabulary and sections
13 Typical architectural elevations
14 Architectural concept
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1. INTRODUCTION & SETTING
1.1 EXECUTIVE SUMMARY
In 2002 the City of La Quinta approved the Old Town Specific Plan. This section of this Specific
Plan Amendment has been written to add approximately three acres of land, which the applicant
is acquiring from the City, to the Old Town Specific Plan. On this additional three acres of land
the applicant seeks to gain approval for the construction of five buildings containing 84
condominiums and 20,000 square feet of commercial space.
1.2 PURPOSE AND INTENT
The purpose of this Specific Plan Amendment is to set forth the detailed development principles,
guidelines, and programs to facilitate the development of another three acres of vacant land
adjacent to Old Town to the east, which is being acquired from the City of La Quinta. It will allow
for approximately 20,000 square feet of retail and offices on the ground floor and 84 residential
condominiums to be built in five buildings in two phases.
This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State
law. The State authorizes cities and counties to adopt Specific Plans as an appropriate tool in
implementing their General Plans. Such a plan is to include the detailed regulations, conditions,
programs, and any proposed legislation that is necessary for the systematic implementation of
the General Plan. The Specific Plan provides the linkage between the General Plan, the
general goals and policies of the City, and the detailed implementation of that plan with tools
such as zoning ordinances, subdivision ordinances, and the like. The Government Code
(Section 65451) sets forth the minimum requirements of a Specific Plan and states:
A Specific Plan shall include a text and diagram or diagrams, which specify all of the following in
detail:
1. The distribution, location, and extent of the uses of land, including open space, within the
area covered by the plan.
2. The proposed distribution, location and extent and intensity of major components of
public and private transportation, sewage, water, drainage, solid waste disposal, energy,
and other essential facilities proposed to be located within the area covered by the plan
and needed to support the land uses described by the plan.
3. Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
4. A program of implementation measures including regulations, programs, public works
projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)."
The Specific Plan shall include a statement of the relationship of the specific plan to the General
Plan. The establishment of specific performance, design, and development standards is set
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 23
forth to guide the development of the subject property in such a way as to implement the
General Plan while maintaining some flexibility to respond to changing conditions which may be
a factor in any long term development program. The document also acts to augment the City's
Zoning Ordinance by providing particular design guidelines, a tailored list of allowable,
conditionally allowable, and prohibited uses for the site, and unique development standards.
1.3 PROJECT LOCATION
The Villas is located along Main Street, east of the existing Old Town parking lots on Desert
Club Drive, south of Calle Tampico, north of Avenida La Fonda, and west of the Library and
Wellness Center parking lot. To the north of the proposed Villas across Calle Tampico is a
commercial shopping center and two two-story office buildings. East of the Villas is the Civic
Center Campus. To the south across Avenida La Fonda are vacant lots, some of which are
owned by the City and are graveled. Also, adjoining the Villas site to the south is a Verizon
facility. To the west of the site are the two paved Old Town parking lots.
1.4 SITE CHARACTERISTICS
The site is flat. The public right-of-way and the existing Main Street bisect the site. It has been
graveled by the City of La Quinta and the Arts Foundation and is used for event parking. There
are some palm trees on the site and landscaping along Calle Tampico.
1.5 BACKGROUND & HISTORY
This site was laid out as lots by the developer of the Cove and the Village in the late 1920’s.
The site has been used for event parking for the last three years on a temporary basis under an
agreement between the City and the La Quinta Arts Foundation.
1.6 GENERAL PLAN AND ZONING
The property is delineated by the City's General Plan as Village Commercial (VC) and is zoned
Village Commercial (VC). This zoning designation permits the development of commercial
retail, restaurant and office uses subject to the approval of a Village Use Permit or Specific Plan.
Calle Tampico is designated a Primary Arterial according to the City’s General Plan.
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Exhibit 1: Aerial photograph
1.7 UTILITY AND SERVICE PROVIDERS
Coachella Valley Water District (CVWD) services the site with existing water mains and sewers
in the existing City streets and right-of-way. Electricity is provided underground by existing IID
Facilities in the right-of-way. The Gas Company provides natural gas. Burrtec provides
garbage and recycling. Police and Fire are provided by Riverside County Sheriff and Fire
respectively.
1.8 ENTITLEMENT PROCESS
Implementation of this Specific Plan is intended to carry out the goals and policies contained in
the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a
designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the
site is shown in Exhibit 2.
The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts
the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use
Permit or Specific Plan to establish an overall master development plan for property located with
the Village Core (VC) zoning classification.
In addition to City approvals, the applicant understands that the California Department of Real
Estate will need to approve the condominium parcel map before condos can be sold to the
public. Permits will also be required for fugitive dust mitigation and water quality management.
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Exhibit 2
La Quinta Spe
: Existing lan
cific Plan Ame
nd use
endment 1 (SP22002‐058 Ameendment 1) Paage 25
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Exhibit 3: Existing zoning
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Old Town
Exhibit 4
La Quinta Spe
: Overall Site
cific Plan Ame
e Plan of Ol
endment 1 (SP2
d Town La Q
2002‐058 Ame
Quinta and V
endment 1)
Villas at La QQuinta
Paage 27
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SECTION 2 SPECIFIC PLAN
2.1 PROJECT DESCRIPTION
The project consists of The Villas, which will be built in two phases, to be constructed on 3 acres
being acquired from the City.
The Villas at Old Town will consist of approximately 20,000 square feet of retail space in four of
the five buildings lining Main Street. These spaces will range in size from about 800 square feet
to about 2,000 square feet. The uses will be similar to the uses in the existing Old Town and
will include a coffee house, boutiques, offices, and services. It will not contain any full service
sit down restaurants or bars that would be open late at night, to reduce annoyance and conflict
with residents. It may contain convenience food services like a juice bar or bakery. All retail
spaces will front on Main Street and would have their only access on Main Street. No loading
docks or rear entrances would exist. Like the existing Old Town next door all deliveries will be
through the front door of the business. The look and feel and the signage for these businesses
would be very similar to all the existing businesses at Old Town. The parking for these
businesses will be provided by adjacent surface parking lots and on-street parking spaces to be
created in front of the stores in the public right-of-way. Business owners will also be allowed to
use the underground garage.
In addition to the ground floor commercial space, a total of 84 residential condominiums ranging
in size from 1,200 to 2,100 square feet will be built in the five buildings. The project is to be built
in two phases. The first phase will contain two buildings with 13,000 square feet of commercial
space and 40 condominiums. In the buildings containing commercial space, the condominiums
will be built primarily on the second and third floors. In two of the buildings, the condominiums
will be behind the commercial space on the ground floor and each will have private gardens.
The building at the corner of Main Street and Avenida La Fonda will contain only condominiums
and be three floors. Two buildings will contain at-grade garages for residents. The other three
buildings will be built above an underground garage, which will provide the parking for residents.
The underground garage will be built in two phases. Access to the garage will only be from
Avenida La Fonda. This will allow for a continuous sidewalk on the south side of the street from
the Civic Center Campus to the existing Old Town site without interruption from driveways. This
was a stated goal of connectivity by the City.
2.2 DEVELOPMENT OBJECTIVES
It is the objective of this development to link the existing Civic Center Campus to the existing
Old Town commercial development along Main Street. This project will continue the
commercial nature of Main Street with shops and services, which are used by local residents. It
will bring more critical mass of shopping and services to the Village. Furthermore, it will bring
84 new residences to the Village. This development emphasizes pedestrian and bicycle
activities and connectivity. It will allow for a shaded and misted walk to and from the Civic
Center buildings (City Hall, Library, Wellness Center). In summary it is the objective of this
development to link the Civic Center Campus to the rest of the Village using a transitional
architecture.
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2.3 LAND USE PLAN
The new Villas project will incorporate three story buildings, with lofts and roof decks, which are
compatible with other buildings and uses in the Village. The buildings have been designed
using multiple heights and surfaces to blend with the existing architecture of both private and
public buildings in the surrounding area. The land use plan observes the pedestrian nature of
the Village, while providing adequate density to allow for economically viable development on
this key infill parcel of the City’s Village area. It is consistent in style, theme and spirit of
surrounding development in the Village. The plan carefully pays tribute to often stated City
planning goals of creating a Village which is pedestrian friendly and which offers residents both
commercial and residential uses in a cohesive historical context
2.4 CIRCULATION PLAN
The Plan will utilize the adjacent street system in a manner consistent with the City of La Quinta
General Plan’s Circulation Plan. The property is located on the south side of Calle Tampico,
designated by the City's General Plan as a Primary Arterial requiring a half-street width of fifty
(50) feet. Calle Tampico is also designated a Primary Image Corridor in the City’s General Plan
(See Exhibit 6). The landscape design along the project frontage shall be complimentary to the
landscaping in the area.
The existing Main Street east of Desert Club Drive and Avenida La Fonda, which shall not be
altered and shall remain public streets, will service the new Villas. The sole access to the large
underground garage will be on Avenida La Fonda, which will allow the majority of residents and
shop owners utilizing this garage will not need to travel on Main Street. By having no curb cuts
for access to the garage or the buildings on the south side of Main Street, the important element
of creating a pedestrian friendly connection between the Civic Center Campus and the existing
Old Town will be achieved. On the north side of Main Street only one new access onto Main
Street will be provided in an effort to make Main Street a very pedestrian friendly area. Given
the direct connection of Avenida La Fonda to both Washington Street and Desert Club Drive
there will be very limited need for vehicles to use Main Street.
The plan has been discussed with the City Engineering Department and the access points do
not conflict with city policies or regulations.
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Exhibit 6
La Quinta Spe
: Street Cros
cific Plan Ame
ss Sections
endment 1 (SP22002‐058 Ameendment 1) Paage 30
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2.5 OPEN SPACE AND RECREATION
Given the urban nature of this project, there is not a large amount of open space. The “open
space” provided to the public is all along Main Street. This consists of planters, shade trees,
benches and arcades for both strolling and sitting. There will be a central courtyard created
between the buildings on the south side of Main Street, which will contain a pool, spa, putting
green, barbeque area, picnic area and pool deck for lounging and relaxing. A cabana will be
built to house the fitness equipment. Nearby there is the large Civic Center Park and the City
owned Wellness Center, which has a state-of-the-art fitness facility. Also nearby are a City-
owned swimming pool, tennis courts, and park with fitness facility.
2.6 WATER AND SEWER AND OTHER UTILITIES
Sanitary sewer facilities for La Quinta are provided by CVWD. A 21” VCP sewer main on Calle
Tampico, a 10” VCP main on Desert Club Drive and an 8” VCP sewer main on Avenida La
Fonda. To the extent feasible, the flows from the site will gravity flow to existing mains. No
upsizing of this facility will be required.
CVWD provides water service in the City. Existing water service could be provided via the
existing, 12” main in Desert Club Drive or the 12” main in Avenida La Fonda. There is also an
existing 30” main in Calle Tampico.
The Imperial Irrigation District provides electric facilities in La Quinta. The nearest service will
be in Desert Club Drive portion of the property. The District indicates that the design of the
electrical service will depend on final load calculations for the overall project. Estimated loads
have been calculated and design services have already been requested from IID. The District
will require the installation of underground facilities.
Gas Company provides natural gas services. The nearest service is a 6” main in Calle
Tampico. This line will be used to provide service to the site.
Time Warner Cable provides television cable service. Service is available in the surrounding
developments and will be extended to the site.
Verizon will provide telephone service. The nearest service connection points will be in Desert
Club Drive and Avenida La Fonda.
Burrtec of the Desert provides waste disposal service. Plans for incorporating recycling facilities
will be considered with the development. Community Development Staff shall review facilities
for compliance with all City ordinances.
2.7 GRADING AND DRAINAGE
Grading
The site will be graded in two phases, leaving Phase Two of the site to be used for temporary
event parking until that parcel is developed. As part of Phase One grading the land owned by
the City next to the Wellness Center will be excavated to provide a retention basin for flood
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control. The 10-year flood event will be retained using the retention pond on land owned by the
City next to the Wellness Center.
Erosion Control
The project will comply with the City’s erosion control ordinance. The grading operations shall
include adequate provisions for wind and water erosion control during as well as after grading
operations have ceased. The details of erosion control shall be included in the project's Storm
Water Pollution Prevention Plan (SWPPP) and PM 10 Plan.
Pre Grading --The portions of the site to be graded shall be pre-watered to a depth
designated by the soils engineer prior to the onset of grading operations.
During Grading -- Once grading has commenced, and until grading has been completed,
watering of the site and/or other treatment(s) determined to be appropriate shall be
ongoing.
Post Grading -- All disturbed areas shall be treated to prevent erosion for the term that
the area will remain undeveloped. Wherever feasible, final landscape and irrigation shall
be installed.
SWPPP/NPDES/PM 10
Since the Coachella Valley experiences periods of moderate to heavy wind conditions, wind-
blown dust and sand is a concern with mass grading operations. Because of health concerns,
the Environmental Protection Agency has instituted a plan in the Valley to curb excess PM 10
(small particle dust). The City also participates in the National Pollutant Discharge Elimination
System program. The City of La Quinta requires SWPPP, NPDES and PM 10 plans to control
the wind and water born erosion associated with such grading operations. The project will
comply with the City's requirements relative to these programs.
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Exhibit 7: Sewer Service Plan
3
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Exhibit 8
La Quinta Spe
: Water Serv
cific Plan Ame
vice Plan
endment 1 (SP22002‐058 Ameendment 1) Pa
age 34
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 35
2.8 PHASING PLAN
The project will be built out in two phases. Phase one will consist of two buildings consisting of
approximately 13,000 square feet of ground floor commercial retail space and 40 residential
condos. Phase 2 will consist of three buildings with 9,000 square feet of commercial and 44
residential condominiums. The underground parking garage will be built in two phases.
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Old Town
Exhibit 9
La Quinta Spe
: Phasing Pl
cific Plan Ame
lan
endment 1 (SP22002‐058 Ameendment 1) Pa
age 36
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Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1) Page 37
SECTION 3 DEVELOPMENT STANDARDS
3.1 OVERVIEW
The uses and development standards shall be generally in accordance with the provisions of
the La Quinta Zoning and General Plan regulations. Should conflict occur between the
regulations and the Plan, the provisions of the Plan and supporting text shall prevail.
3.2 DEVELOPMENT STANDARDS
The development standards for the Village Commercial District are contained in the Zoning
Code Section 9.65.030. This section allows for a flexible design of the project to suit its own
special needs and lets the Specific Plan and the Village Use Permit set the specific
development standards for the project.
This project will comply with the guidelines on setbacks, utility equipment, parking, landscaping,
screening, lighting, and signage.
The majority of the building massing on the buildings complies with the 35 foot height
requirement with the allowance for another 3 feet of height for no occupied architectural
elements. The parapet height of walls facing streets is 37’-6” which is actually below the 38 foot
guideline. It is important to note that extreme care and expense has been taken to variegate the
exterior planes of the buildings to avoid walls rising straight from the ground to the maximum
height. The extensive use of arcades, balconies and step backs in the building contribute to a
large amount of movement in the exterior wall which is both pleasing to the eye and which
interrupts the vertical plane. The actual flat roofs are at 35 feet. The only area that the project
exceeds the Development Standards is in some areas necessary for roof access or artists lofts,
which are substantially setback from the exterior walls of the building. In those areas the total
height reaches 44’-2”, which is 6’-2” greater than the guidelines. It should be emphasized those
areas are not visible from the ground as the surrounding parapets and the substantial setback of
those elements from the perimeter of the buildings does not allow them to be seen.
3.3 PERMITTED USES
The permitted uses in the Village Commercial Zone are covered in section 9.65.20 of the Zoning
Code.
All uses allowed under the code will be permitted at The Villas except restaurants and bars
larger than 60 seats with a full kitchen and grease traps and hoods.
3.4 PARKING
Parking on site is provided by a combination of an underground parking garage, garages at
grade, and off street parking, built in the right-of-way. The total number of parking spaces
provided on site as currently designed is 164. This consists of 151 spaces in an underground
garage accessed by a ramp leading to Avenida La Fonda, 24 private garages at-grade facing
Calle Tampico, and 13 off street parking spaces to be built in the right of way. There do exist
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surface lots immediately west of the site owned by Old Town La Quinta and a large parking lot,
which is being expanded immediately east of the site owned by the City of La Quinta.
The parking required and the parking proposed for this project is addressed in the Carl Walker
Parking Study, which has been submitted to the City as part of this application. However,
during the entitlement process, the City adopted an ordinance that allows for a 50% reduction in
required parking for new development within the Village Commercial zoning district. The
reduced parking calculation applicable to the Villas shall be calculated from the required parking
as listed in Ordinances 505, 361, 325, and 284.
SECTION 4 DESIGN GUIDELINES
4.1 ARCHITECTURAL GUIDELINES
The architecture of the Villas pays tribute to the Santa Barbara and Carmel Spanish styled
architecture of Old Town, while updating that style to a more stylish modern interpretation.
Great effort has been made not to duplicate Old Town, but to make the Villas the perfect blend
of traditional architecture with the modern architecture and vernacular style of the exiting City
Hall buildings, City Library and the Wellness Center. It is similar to the modern interpretation of
Spanish architecture used in the City Library. It is a comfortable style of architecture with lots of
“movement”. This means lots of shade, archways, balconies, and varied wall planes so as one
walks down the sinuous Main Street the building continually evolve and delight the visitor. The
use of both tile and flat roofs and many different roof heights makes the building both interesting
and functional.
The guiding principle of the design effort has been to reward the senses of the pedestrian. The
scale, pace, details and landscaping will create an environment where one is sheltered from the
harsh influences of most commercial centers, while providing very inviting residences to live in
harmony with their commercial neighbors below or beside them. The goal is to create the mix of
excitement and comfort that were once common on Main Streets across America, but which
were forgotten in the latter half of the 20th Century.
The most distinctive features of Main Street in the Villas section are the scale and spatial
definition of the street. These are accomplished through several mutually reinforcing elements:
1) The sinuous, gently curving design which was historically done in the Village; 2) Parallel
parking provides an edge to the street that offers protection to the pedestrian; 3) The regular
pattern of street trees creates a rhythm and their height creates an implied “vehicle corridor”; 4)
The sidewalks are gracious allowing two couples to pass one another; 5) The buildings come
right up to the sidewalk, and their parapet heights (min of 16’) reinforce the vertical definition of
the street space; 6) Cornices at the top of parapets create an edge where the building meets the
sky; 7) Arcades, awnings, and trellises provide shade in the summer and create an intimate
scale adjacent to the stores and condos.
The attention to detail, street trees, and the combination of three story buildings with second
and third floor balconies create an old downtown mood.
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The automobile, delivery trucks and emergency vehicles will all be accommodated within the
project, but the scale of the street will be pedestrian.
The principles that guide the architectural design of the Villas section of the project derive from
several sources, which have been harmoniously blended. One source is California Mission
Revival; the second is the architecture of the La Quinta Hotel with the more modern style of the
La Quinta Civic Center buildings including the Library and City Hall. They also relate to the
more modern style of the shopping center across Tampico. California Mission Revival
architecture – also referred to as “Santa Barbara” or “Monterey” architecture – is defined by
aspects such as relationship of wall to window (windows as openings in walls) and the surface
treatments of stone, tile and plaster that embellish the parapet walls. Building forms are often
articulated because of sloped roofs, residential character, and the frequent stand-alone
placement.
Locally, the original buildings at the La Quinta Hotel offer many examples of detailing, proportion
and scale that will be emulated while being updated to include elements of the last century and
this century. The building forms, where possible, shall exhibit some stepping both in plan and
elevation, including the extensive use of covered pedestrian areas and patios.
Details and Materials
Plaster
At the ground floor, the plaster should be a three-coat Portland cement system on wood frame
or a two-coat system on CMU. The finish generally should be a smooth – “mission” finish with
gentle rounded corners and edges. However, details such as cornices, windowsills, belt
cornices and opening surrounds shall be crisp.
Wood
Exposed “wood”, which should be used sparingly for maximum effect. Posts of ground floor
arcades should be roughly square in section, with a minimum dimension of nominal 8”.
Chamfers and routed details are encouraged. Posts at the second floor should have a minimum
dimension of nominal 6”. Beams should be close to square in section with a width: depth ratio
approximately 6” x 8” or 8” x 12”. This will limit the spans to approximately 12’ – 14’. Corbels
with a width:depth ratio of 1:1 or less is encouraged. Exposed rafter tails should have a width:
depth ratio of 3” x 4”, 4” x 6” or 6” x 8” and in no case more than 1:2. Decorative metal should be
no less than 3/16” in thickness and 2 1/2" in width, but proportional to which the beam/post
connects. Decorative ends are encouraged, but not required.
Windows
The general principle of fenestration is that windows are holes in walls. Windows are not part of
a storefront or window-wall system that dominates the surface of walls as is common in “strip-
center” buildings. Rather they are openings within the wall; the amount of wall surface is
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important to convey a sense of substance and permanence in the architecture. Store windows
will be set in walls in a regular pattern, with the stores being 20’ to 30’ in width.
Windows at the second and third floors generally should be more vertical than horizontal (e.g. 3’
x 5’), which should be operable. The sill should be low enough to allow a person seated at a
desk to view the street below – approximately 24” – 30”. The head should be generally higher
than 80” - approximately 84” – 90.” The window should recess from the face of the wall, and
should have a projecting sill on the exterior.
Doors
Wherever possible, use wood “French” or decorative entry doors. These doors may be set in
aluminum storefront frames.
The doors into mechanical and utility rooms that are visible to the pedestrian traffic should be
metal doors and painted in accent color.
Roof
Tile roofs will be used as indicated to reinforce the stylistic character and lend a hand-wrought
texture to the streetscape. Only at important corners and balconies will tile be used on the third
floor. Instead most of the buildings will be parapeted. This allows roof-mounted equipment to
be hidden, and is a more urban type building.
Tile should be clay tiles laid with variation in courses to create hand-wrought texture.
Fencing and Walls
Generally walls will be plaster over wood frame. The wall will appear substantial in depth, and
the windows will interrupt the wall.
During construction, temporary chain link fence with windscreen will be used.
Site Lighting
All lighting shall be designed and located so as to confine direct light within the project
boundaries (including landscape buffer areas located along the street frontages). The lighting
fixtures shall be in character with the village like atmosphere of the architecture.
General:
All lighting will comply with the City's lighting ordinance.
Lighting for parking lot lighting shall be low level but provide enough visibility for safety.
Lighting levels shall be an average of one-foot candle with a ratio of average light to
minimum light of three to one (3:1).
4.2 LANDSCAPE GUIDELINES
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The landscape design will complement the Spanish-Mediterranean theme of the Village at La
Quinta and the existing Old Town. Plant material choices will be attractive and suitable to the
desert climate.
The selection of shrubs will be based upon moderate to low water use and ease of
maintenance. Desert shrubs such as Texas Ranger hybrids, Cassias, Yuccas, and
Bougainvillea will interplay with rugged sub-tropical shrubs, including Bird of Paradise, Aloe,
Agave, Gardenia, Carissa, and Boxwood. Maintenance specifications will direct pruning
techniques towards a natural, non-sheared appearance.
Accent color will be provided, where appropriate, through the use of vines such as
Bougainvillea, Pink Powder Puff, and Trumpet Vines. Perennial ground cover planting will be
utilized where additional color is necessary to enhance project focal points and entries. The
landscape material will be designed such that plants with similar water requirements are
grouped together. Detailed landscape plans and renderings have been provided.
Washingtonian Robusta planted in a formal pattern that enhances the pedestrian areas and
architectural style of the buildings will line the main internal street. Tree heights will be the
same as the perimeter streets and planter areas will be created to provide additional planting
including the use of accent vines on trellis structures. (See Exhibit 10)
Irrigation Systems
All irrigation systems (with the exception of drip systems) shall be designed with head-to-head
100% double coverage at a minimum time setting of one minute, and be capable of providing
multiple repeat and start times. Drip systems will be utilized as much as possible and water will
be applied directly to plant roots. All irrigation heads adjacent to walks, drives, and curbs will be
of the pop-up type.
All irrigation systems will be automatically timed to reduce day-to-day operational requirements.
The location of controller boxes, valves and other above ground equipment will be incorporated
into the overall landscape design and screened from public view.
Landscape Palette
Type Scientific Name Common Name Size
Palms
Washingtonia robusta Mexican Fan Palm 15”-20” BTH
Chamaerops humilis Mediterranean Fan Palm 24” Box
Cycas revoluta Sago Palm 24” box
Trees
Prosopsis chilensis Chilean Mesquite 24” Box
Acacia farnesiana Sweet Acacia 24” Box
Rhus Lancea African Sumac 24” Box
Cercidium praecox Sonoran Palo Verde 24” Box
Schinus molle California Pepper 24” Box
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Type Scientific Name Common Name Size
Accents
Agave species Agave species 5 Gallon
Yucca species Yucca species 5 Gallon
Aloe species Aloe species 5 Gallon
Dasylerion wheeleri Desert Spoon 5 Gallon
Strelitzia nicolai Giant Bird of Paradise 5 gallon
Strelitzia reginae Bird of Paradise 5 Gallon
Shrubs
Bougainvillea “Oo La la” Bougainvillea 5 Gallon
Bougainvillea “Rosenka” Bougainvillea 5 Gallon
Carissa g. prostrata Natal Plum 5 Gallon
Cassia nemophila Bushy senna 5 Gallon
Hibiscus rosa-sinensis Hibiscus 5 Gallon
Leucophyllum species Texas Ranger 5 Gallon
Nandina domestica Heavenly bamboo 5 Gallon
Nerium oleander ‘Petite” Dwarf Oleander 5 Gallon
Pittosporum t. species Mock orange species 5 Gallon
Raphiolepis indica Indian Hawthorne 5 Gallon
Salvia greggii Red sage 5 Gallon
Thevitia peruviana Yellow oleander 5 Gallon
Xylosma congestum Xylosma 5 Gallon
Vines and
Groundcover
Bougainvillea “Barbara
Karst”
Bougainvillea 15 Gallon
Calliandra Inaequilatera Pink Powder Puff 15 Gallon
Tecoma capensis Cape Honeysuckle 5 Gallon
Lantan montevidensis Trailing Lantana 5 Gallon
Trachelospermum
jasminoides
Star Jasmine 5 Gallon
Desert Dust 2” Depth
Cobble ‘Del Rio” 3’-6” dia.
Landscape Maintenance
The landscape shall be under a single maintenance contract managed by the center.
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Exhibit 1
La Quinta Spe
0: Landscap
cific Plan Ame
pe Concepts
endment 1 (SP2
s
2002‐058 Ame
endment 1) Paage 43
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Exhibit 11: Pedestrian Crossing areas to Villas from Existing Old Town
Exhibit 12: Architectural vocabulary and sections
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Old Town
Exhibit 1
La Quinta Spe
3: Typical A
cific Plan Ame
Architectural
endment 1 (SP2
Elevations
2002‐058 Ameendment 1) Paage 45
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Old Town
Exhibit 1
La Quinta Spe
4: Architectu
cific Plan Ame
ural Concept
endment 1 (SP2
t
2002‐058 Ameendment 1) Paage 46
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SECTION 5 PLAN ADMINISTRATION
5.1 AMENDMENT
This chapter describes the procedures for administration and implementation of the Specific
Plan.
The Specific Plan establishes the general intent and comprehensive framework for development
of the community. However, prior to construction, various implementing approvals with greater
design detail are required, as noted below. Minor modifications that are consistent with the
purpose and intent of the current, Old Town Specific Plan are allowed at the discretion of the
Community Development Director or designee. Therefore, it is intended that this Specific Plan
provide City Staff with the flexibility to interpret the details of project development as well as
those items discussed in general terms in the Specific Plan without requiring a Specific Plan
Amendment.
Requests for administrative changes shall be made in writing. If and when it is determined that
changes or adjustments are necessary or appropriate, the Community Development Director or
designee shall approve these administratively. After approval, any such amendment will be
attached to the Specific Plan as an addendum and may be further changed and amended from
time to time as necessary.
Administrative Changes
Representative examples of such changes may include, but are not limited to:
The addition of new information to the Specific Plan maps or text that do not
substantially change the effect of any regulation. The new information may include more
detailed, site- specific information.
Adjustment of Planning Area boundaries identified in this Specific Plan.
Changes to community infrastructure such as drainage systems, roads, water and sewer
systems, etc.
Modification of architectural or landscape design criteria or details. - All uses not
specifically listed in this Specific Plan are prohibited. However, the Community
Development Director may determine that a use not listed is included within or
comparable to a listed use and, once so determined; it shall be treated in the same
manner as a listed use.
5.2 INTERPRETATION
Where there is ambiguity between the Specific Plan and the Zoning Code, the Director of
Community Development shall review pertinent information and make a determination as to
which code or standard applies. All determinations shall be in writing and shall be attached to
the Specific Plan as noted under Administrative Changes, earlier in this section
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5.3 ENFORCEMENT
The City of La Quinta shall administer the provisions of the Old Town Specific Plan in
accordance with the State of California Government Code, Subdivision Map Act, the City of La
Quinta General Plan, and the City of La Quinta Municipal Code.
The Specific Plan development procedures, regulations, standards, and specifications shall
supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be
amended in the future.
All regulations, conditions, and programs contained herein shall be deemed separate distinct
and independent provisions of this Specific Plan. In the event that any such provision is held
invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall
not be affected.
Any development regulation and building requirement not addressed in this Specific Plan shall
be subject to all relevant City of La Quinta ordinances, codes, and regulations.
The enforcement of the provisions of this Specific Plan shall be by the following: City of La
Quinta Community Development Department shall enforce the development standards and
design guidelines set forth herein.
Any administrative decision or interpretation of this Specific Plan may be appealed to the
Planning Commission. Likewise, any decision by the Planning Commission may be appealed to
the City Council per 9.200.120 LQMC provisions.
SECTION 6 GENERAL PLAN CONSISTENCY
6.1 OVERVIEW
The General Plan of the City of La Quinta includes Goals, Policies and Programs that were
deemed by the City necessary to properly implement the plan. Following is an evaluation of the
key policies and programs (in Italics) that affect the development of the subject property and
project compliance.
6.2 CONSISTENCY ANALYSIS.
Village Commercial
“The Village Commercial designation applies specifically to the traditional commercial core of
the city, and allows specialty retail – such as boutiques and art galleries – as well as
restaurants, professional offices and services, and hotels. Apartments, condominiums, and live-
work space is also appropriate in this designation. As established in Policy LU-7.1, mixed use
development is allowed in this designation. Mixed use projects can include vertical or horizontal
combinations of land uses that are integrated through pedestrian connections and common
areas; or can be residential units added to existing commercial development.”
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The proposed Villas at Old Town are the essence of this land use designation.
Designed around Main Street, Old Town and the Villas will provide a shopping dining,
work venues as well as residences for La Quinta.
“In areas where Specific Plans are required, adjacent property owners shall be encouraged to
work together to create a single Specific Plan which incorporates all properties within a block or
neighborhood.”
Old Town La Quinta is a Specific Plan for approximately six acres comprising the
existing Old Town, with this amendment; another new three-acre Villas at Old Town will
be added. Although owned by three different entities they share common purpose and
leadership through Marvin Investments, Inc and Wells L. Marvin.
“The City will encourage an integration of a wide range of support services at employment
centers, including child care, occupational health, fitness facilities and convenience retail
shops.”
“Strip commercial development will be discouraged. The Development Code shall establish and
maintain minimum lot depth standards in all commercial zones.”
The Villas will encourage a mixture of uses, food, office, retail and residences allowing
downtown employees and residents to reduce vehicle trips and combine trips.
The three story buildings are much lower than the four stories of the Embassy suites,
which is over ten feet higher than the highest point on any building in the Villas. The
scale and uses of Villas are a valuable addition to the fabric of the Village.
Circulation Element
The circulation uses existing streets and is in compliance with latest (2013) General Plan
Open Space Element
Old Town La Quinta and the Villas are located in a developed urban area of the City and do not
impact existing or proposed open space areas.
Parks and Recreation Element
In addition to the event lawn which acts as the central square of the village and host the City
tree lighting, Art under the Umbrellas, Taste of La Quinta to name a few. The Villas will offer its
residents and tenants access to a hot tub, pool, putting green, and fitness center.
Natural Resources Element
Old Town La Quinta and The Villas are mixed-use developments designed to reduce
vehicle trips, and also vehicle miles, generated by combining work, housing and services
in close proximity. Its location in the downtown should be considered infill development
and will make use of existing street patterns and transit services.
The development will comply with the City’s Fugitive Dust Control Policies by submitting
a PM-10 Plan for approval prior to the issuance of a grading permit.
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The unique design of parking in close proximity to uses maximizes pedestrian
opportunities.
The covered pedestrian arcades provide protection for customers and workers and will
provide solar protection for ground floor spaces. Upper floors will utilize energy efficient
building materials and recessed windows for reducing heat gain and roof mounted solar
panel to generate electricity.
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INDEX
CIVIL PLANS
C-1
C-2
C-3 - C-6
C-7
C-8
C-9
C-10
C-11 - C-12
LANDSCAPE PLANS
LP-1
LP-2
LP-3
LP-4
ARCHITECTURAL PLANS
1.0
1.1
3.0
4.0
PHASE 1
5.1
5.2
5.3
5.4
5.5
5.5-2
5.6
5.7
6.1
6.2
6.3
6.4
6.5
6.6
6.7
3D VIEWS
12.1
12.2
12.3
12.4
12.5
SITE PLAN PHASE 1
UNDERGROUND SITE PLAN PHASE 1
PRELIMINARY GRADING & DRAINAGE PLAN
SITE CROSS SECTION
SEWER SERVICE PLAN
WATER SERVICE PLAN
PHASING PLAN
STREET CROSS SECTIONS
PRELIMINARY PLANTING PLAN
PRELIMINARY PLANTING PLAN - RECREATION AREA
PRELIMINARY PLANTING PLAN - LANDSCAPE CONCEPTS
CONTINGENCY PLANTING PLAN
PHASE 1 SITE PLAN
FIRE ACCESS STUDY
SITE SECTION
PARKING GARAGE PLAN PHASE 1
BUILDING A - GROUND LEVEL
BUILDING A - SECOND LEVEL
BUILDING A - THIRD LEVEL
BUILDING A - ROOF LEVEL
BUILDING A - NORTH AND EAST ELEVATIONS
BUILDING A - NORTH AND EAST ELEVATIONS (NO PLANTING)
BUILDING A - SOUTH AND WEST ELEVATIONS
BUILDING A - UNIT PLANS
BUILDING B - GROUND LEVEL
BUILDING B - SECOND LEVEL
BUILDING B - THIRD LEVEL
BUILDING B - ROOF LEVEL
BUILDING B - NORTH AND EAST ELEVATIONS
BUILDING B - SOUTH AND WEST ELEVATIONS
BUILDING B - UNIT PLANS
MAIN STREET VIEW 1
MAIN STREET VIEW 2
MAIN STREET VIEW 3
STREET PERSPECTIVE
CALLE TAMPICO VIEW
PROJECT INFORMATION
PROJECT ADDRESS
OWNER / APPLICANT
ARCHITECT
CIVIL ENGINEER
LANDSCAPE ARCHITECT
-
-
-
MARVIN INVESTMENTS
78100 MAIN STREET, SUITE 203
LA QUINTA, CA
760.771.2567
DANIELIAN ASSOCIATES
CONTACT: MIKE BOYD
mboyd@danielian.com
SIXTY CORPORATE PARK
IRVINE, CA 92606
949.474.6030
COACHELLA VALLEY ENGINEERS
CONTACT: DAVID TURNER
77-933 LAS MONTANAS ROAD, SUITE 201
PALM DESERT, CA 92211
760.360.4200
HERMANN DESIGN GROUP
CONTACT: CHRIS HERMAN
77772 FLORA ROAD, SUITE A
PALM DESERT, CA 92211
760.777.9132
LEGAL DESCRIPTION
APN 770-123-010, 770-123-011
Lots 62-66 except the northerly 20 feet, lots 68-71 and lots 76-77, all of the Desert Club tract unit no. 4, in the
City of La Quinta, County of Riverside, State of California, as per map recorded in Book 21, page 60, records
of Riverside County, California
PROJECT DESCRIPTION
Mixed use with 13,000 sqft of commercial space and 40 two-bedroom condos ranging from 1,219 sqft - 2,140
sqft with underground parking
ZONING
Village Commercial
AREA DATA
SITE ACREAGE 73,000 SQFT
BUILDING A 11,000 SQ FT
BUILDING B 21,000 SQFT
___________________________
TOTAL 32000 SQFT
44% NET TOTAL
HARDSCAPED AREA 33,700 SQFT
46% NET SITE AREA
LANDSCAPED AREA 7,300 SQFT
10% NET SITE AREA
PARKING DATA
Parking provided in phase one is 89 spaces.
Parking required in phase one (not including allowances for reciprocal parking or shared parking with adjoining
lots, 138 under current standards.
Parking required under revised standards pending
before Planning commission and City Council 69 spaces.
BUILDING DATA
OCCUPANCY
TYPE OF CONSTRUCTION
SPRINKLERED
STORIES
MAXIMUM HEIGHT
BUILDING AREA TABULATIONS
M, R2
VA
YES
3
44’ 2”
THE VILLAS AT OLD TOWN - VILLAGE USE PERMIT
ATTACHMENT 4
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City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madam Mayor and Members of the City Council
FROM: City Attorney’s Office
Bill Ihrke
DATE: November 3, 2015
SUBJECT: MEDICAL MARIJUANA REGULATION AND SAFETY ACT OF 2015
This report provides an overview of the Medical Marijuana Regulation and
Safety Act (“MMRSA” or “Act”), which implements a variety of changes to State
and local laws related to medical marijuana, and informs the City Council of
potential official actions relating to marijuana cultivation, which, if to be taken,
should be in place by March 1, 2016.
1. The MMRSA Establishes a State Licensing Scheme for all
“Commercial Cannabis Activities.”
The MMRSA consists of three bills, AB 643, AB 266, and SB 643, all signed
by the Governor. Generally, the MMRSA sets up a state licensing system for all
“commercial cannabis activities” throughout California that will be overseen by
a newly-created Bureau of Medical Marijuana Regulation. Although the Act is
effective January 1, 2016, the State estimated it will not be ready to issue
licenses until January 2018.1
The Act defines “commercial cannabis activities” broadly to include the
“cultivation, possession, manufacture, processing, storing, laboratory testing,
labeling, transporting, distribution, or sale of medical cannabis or a medical
cannabis product” by any individual or organization, except a qualified patient
or a primary caregiver.2 It generally requires all cultivators, manufacturers,
1 The delay is due to the Act’s directive to several State agencies to issue regulations
and standards relating to a variety of areas of concern before licenses can be issued.
(Bus. & Prof. Code § 19332, as enacted by the MMRSA.)
2 Under the MMRSA, qualified patients are generally exempt from license requirements
as long as they only possess, grow, or transport medical marijuana for their own
personal uses, and cultivation is limited to 100 square feet or less. (Bus. & Prof. Code
§ 19319, as enacted by the MMRSA.) Likewise, primary caregivers are exempt so long
DEPARTMENT REPORT ITEM NO.
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testers, dispensaries, distributers, and transporters to obtain both a State
license and local permit (if one is required) prior to commencing operations.
(§ 19320.)3 In some circumstances, entities must obtain a local permit before
applying for their State license (see, § 11362.777(b)(2) [cultivation licenses]),
and in other cases, a local permit is only required prior to commencing
operations (§ 19320).
State licenses must be renewed annually. (§ 19321(b).) The type of
license required depends both on the type of activity in which the entity is
engaged (i.e., cultivation, distribution, etc.) and the size of the operation.
(§§ 19300.7, 19331(g).) The MMRSA establishes restrictions that prevent an
individual or entity from possessing multiple license types that, if permitted,
would allow it to monopolize the stream of commerce. (§§ 19328, 19326.)
Licenses may be suspended or revoked after notice and hearing. (§§ 19311-
19314.) If a local permit is revoked, the ability of a business to operate in that
jurisdiction will be “unilaterally terminated” unless and until the local permit is
either re-issued or reinstated. (§ 19320(b).)
2. Current City Law Related to Medical Marijuana.
La Quinta currently bans medical marijuana dispensaries in all zones.
(La Quinta Mun. Code § 9.20.050.) The City’s code defines “medical marijuana
dispensary” as a “facility or location which provides, makes available or
distributes medical marijuana to a primary caregiver, a qualified patient, or a
person with an identification card, in accordance with California Health and
Safety Code Section 11362.5 et seq.” (Id.)
3. MMRSA General Rule and Exceptions to Local Control.
While the MMRSA directs State agencies to adopt regulations relating to
commercial marijuana (e.g., labeling and production of edibles, use of
pesticides, environmental impacts of cultivation, and cumulative impacts of
water diversion (§ 19332)), those regulations (once adopted) and the MMRSA
establish only minimum statewide standards relating to commercial cannabis
activities. As a result, the City retains the ability to enact and enforce additional
(and potentially more strict) standards relating to marijuana. (§§ 19315, 19316,
19320.) For La Quinta, however, there is one exception, and possibly two
exceptions, to MMRSA’s general protection of local control: Cultivation and
“mobile dispensaries.”
With respect to cultivation, the MMRSA provides that the State will
become the sole licensing authority for all cultivation permits if a local agency
does not have “land use regulations or ordinances regulating or prohibiting the
as they only serve five or fewer patients, and cultivation is limited to 500 square feet or
less. (Ibid; Health & Saf. Code §§ 11362.765, 11362.777(g).)
3 References to “section” or “§” are to the Business and Professions Code, as enacted
under the MMRSA, unless otherwise noted.
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cultivation of marijuana, either expressly or otherwise under the principles of
permissive zoning” by March 1, 2016. (Health & Saf. Code § 11362.777(c)(4).)
With respect to “mobile dispensaries” or marijuana deliveries, the
MMRSA provides that “[d]eliveries, as defined in this chapter, can only be made
by a dispensary and in a city, county, or city and county that does not explicitly
prohibit it by local ordinance.” (§ 19340.) “Deliveries” generally means
commercial transfers of marijuana or marijuana products from a dispensary to
a caregiver, patient, or testing laboratory. (§ 19300.5(m).)
The MMRSA does not prevent a local jurisdiction that enacts land use
regulations or ordinances, either banning or otherwise regulating cultivation or
mobile dispensaries, from changing that ban or other regulation at some future
point, as long as an initial regulation or ordinance (at least for cultivation) is in
place by March 1, 2016. Indeed, the expressed authority for dual State and
local laws in the MMRSA confirms that the City would have authority to change
a law it may enact on or before March 1, 2016.
4. Direction from City Council.
The City Attorney’s Office seeks direction from the City Council as to what
action, if any, our office and staff should pursue in light of the March 1, 2016
deadline for regulations or ordinances relating to marijuana cultivation.
Furthermore, while the March 1, 2016 deadline does not apply to mobile
dispensaries/deliveries, direction is sought for this item because the City’s
current dispensary ban, while arguably sufficient to prohibit mobile dispensaries
while in the City, does not address the MMRSA’s newly enacted provisions
concerning marijuana deliveries. Therefore, as a starting point, and by no
means limitation, direction on the following items is sought with respect to
cultivation and mobile dispensaries/deliveries:
Ban, less-than-full ban but regulated, or no regulation;
Potential future ordinances and regulations;
Adoption of a business ordinance, zoning ordinance, or
other ordinance.
5. Conclusion – Likely More Reports to Come.
While not the focus of this report, the City Attorney’s Office advises the
City Council that the MMRSA includes other provisions governing “commercial
cannabis activities,” including distribution and testing requirements, cultivation
limitations that apply (if not banned), and priority for existing dispensaries. As
the Act is implemented and State agencies adopt regulations and standards in
the future, our office will provide department reports to the City Council, as
necessary.
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,,SIAVERY
and HUMAN TRAFFICKING
If you or someone you know is being forced to engage in
any activity and cannot leave •• whether it is commercial
sex, housework, farm work, construction, factory, retail,
or restaurant work, or any other activity ...
Si a usted, o a alguien que conoce, lo estan forzando a hacer a/go y
no lo dejan ir --ya sea sexo por dinero, trabajo de casa, campo
agricola, construcci6n, fabrica, en una tienda minorista o restaurante,
o cualquier otra actividad.
Las vi ctimas de esclavitud y trata de personas es tan protegidas bajo las
/eyes de California y los Estados Unidos.
L/ame al Centro Nacional de Recursos para la Trata de Personas
(National Human Trafficking Resource Center) al 1-888-373-7888
o a la Coalici6n de California para Abolir la Esclavitud y la Trata de
Personas (California Coalition to Abolish Slavery and Trafficking, CAST)
al 1-888-KEY-2-FRE(EDOM) o 1-888-539-2373
para obtener ayuda y servicios.
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City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madam Mayor and Members of the City Council
FROM: Gabriel Perez, Planning Manager
DATE: November 3, 2015
SUBJECT: COACHELLA VALLEY WIND UP - SAXONY CONVENTION CENTER
A Minor Use Permit was approved on August 20, 2015 for use of the former Sam’s
Club building as a convention center (Saxony Convention Center, located at 79315
Highway 111 within the Centre at La Quinta). On October 13, 2015, Mr. Martin
Dolemo submitted a Temporary Use Permit (TUP) Application on behalf of Saxony
Group, LP for music festival events (Coachella Valley Wind Up) to be held there on
April 14, 21, and 28, 2016. The event website (www.coachellavalleywindup.com )
identifies Snoop Dogg as a headliner on April 14 and 28, 2016, and Electronic
Dance Music DJs are advertised to perform on April 21, 2016.
A music festival is an allowable use in the Minor Use Permit, conditional on the
applicant notifying the Community Development Director of all ticketed events or
functions with an anticipated attendance of 500 or more and/or scheduled to
operate past 11:00 p.m. The TUP application was submitted for a maximum
capacity of 10,500 attendees for each date, scheduled between 9:30 p.m. and 4:30
a.m.
City staff, including fire and police representatives, met with Mr. Dolemo on
September 29, 2015 to review event plans and to outline City requirements for
these events. Required plans and supporting documents are due by December 1,
2015 in order to allow sufficient time to assess the application and identify
measures to mitigate any potential impacts. The TUP application was missing the
following information, which was identified in an October 20, 2015 completeness
letter (Attachment 1):
• Site Plan with Parking Plan
• Traffic Control Plan
• Noise Control Plan
• Waste Reduction Plan
• Tenant Improvement Plans
• Operations Plan
DEPARTMENT REPORT ITEM NO. __
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The existing site includes other retailers such as Petco, Marshalls and the Walmart
Supercenter. The proposed events will take place after typical business hours, but
will coincide with the business hours of the Walmart Supercenter, which the Police
Department identifies as a popular destination for arriving Coachella Music Festival
attendees (the festival runs from April 15-17, and April 22-24, 2016). Parking
spaces required for the events (5,400) exceed the number of spaces available in
the shopping center. A Site Plan and Parking Plan are required to determine if the
events have adequate parking and minimize impacts to the adjacent businesses
and residential neighborhoods. The applicant has identified the possibility of a
remote parking location at an approximately 9-acre vacant parcel at the northeast
corner of Dune Palms Avenue and Highway 111 on a temporary basis. The
Community Development Director has the ability to determine the number of
parking spaces required for the Convention Center as it is a use not listed in the
parking ordinance. The applicant has requested that the Community Development
Director determine that the requirements for clubs, lodge halls and union halls
apply to the convention center and therefore reduce the parking requirement to
3,857 parking spaces.
A Noise Control Plan has been requested in order to ensure that the proposed
events can maintain noise levels below La Quinta Municipal Code limits. Nearby
communities include Wolff Waters Place, Watercolors, and Coral Mountain.
The Building Division and Fire Department require the submittal of Tenant
Improvement Plans for the proposed change in use of the building (from
Mercantile ‘‘M Occupancy group’’ to Assembly ‘‘A-2 Occupancy Group’’). A
California Building Code Chapter 34 Analysis is required to evaluate structural, fire
code, mechanical, electrical, plumbing, energy, accessibility and green code
requirements for the building in accordance with the new proposed building use.
The applicant’s website identifies a mezzanine structure that requires issuance of a
building permit.
Once the above plans have been submitted, City staff and outside agencies can
complete their review of the TUP. The applicant has been advised to discuss public
and fire safety plans with the Police and Fire Departments to ensure sufficient
police and fire staffing will be available(both departments will be impacted by the
Coachella Valley Music and Arts Festival). The approval requirements and
timeframe for the Coachella Valley Wind Up is attached for review (Attachment 2).
Attachments: 1. Completeness Letter for TUP 2015-0030
2. Coachella Valley Wind Up approval requirements and
timeframe
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ATTACHMENT 1
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Sept
29
Preliminary
meeting
held
between
Martin
Dolemo
and City
staff
Oct
9
Tickets
for
event
on sale
Oct 13
Martin
Dolemo
Submits
TUP
application
Oct 20
Letter Sent
to Mr.
Dolemo
identifying
missing
plans
Dec 1
Deadline to
Submit Site Plan,
Parking Plan,
Traffic Control
Plan, Tenant
Improvment Plans,
Noise Control Plan,
Trash Reduction
Plan, Operations
Plan. Site plan and
grading plans shall
also be submitted
for any remote
temporary parking
area.
Jan 5
4-5
week
review
process
for
grading
and PM
10 plans
for
temp.
remote
parking
Jan 15
Obtain
Building
Permit
Feb 29
Approved
public
safety plan
and
staffing
deposit
required
by Police
March
1
Provide
$25,000
deposit to
the City
of La
Quinta
April
1-7
Final Bldg
Inspections ,
Certificate
of
Occupancy,
Issuance of
TUP
April
14,
21,
28
CV
Wind
Up
2015 2016
*Fire Department
time frames to be
determined when
plans are submitted
to the Building
Division
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Reports/Informational Items: ______________
Report to La Quinta City Council
Palm Springs International Airport Commission Meeting
October 21, 2015
Finance: The 1st Quarter numbers are right on plan, with both revenue and expenses
within 0.5% of their targets. Car rentals were up by $100,000 from last year.
Unrestricted cash is only $3.5 million, but we have over $8m in reserves to be used for
ongoing projects. We’re still on track for approximately $6m in unrestricted funds by
year-end.
Passenger Activity: September’s passenger activity was down 10.1% from last year: a
difficult comparison, as the last three years were record-breaking years.
General Observations: Several improvements in or around the terminal building are
underway:
1. California Vintages Wine Bar has opened
2. The runway refurbishment is complete, and should have a 20-year life.
3. The Airport has received a waiver to plant and water rye grass on the airport
frontage. The City considered the approach to the airport to be too important
in the overall image to let it go brown.
4. The re-building of the escalators is complete, and testing/certification should
be done within 30 days.
5. The new flight information displays and PA system are 75% complete.
6. The TSA security point is being rotated by 90 degrees to accommodate better
traffic flow. It will also match the flow of incoming passengers when the new
entry door is completed.
Additional items:
1. The RFP for the 5-year Parking Management contract has been issued.
2. Master Plan: The Airport Commission held a Special Meeting at the Palm
Springs City Hall on September 30. The purpose of the meeting was to
review changes to the 5-year plan that were required to comply with the
California Environmental Quality Act (CEQA). The revisions were approved,
and we submitted the revised plan to the City Council for approval.
3. The Palm Springs Art Commission requested permission to re-locate a
memorial bust of John F. Kennedy from a city median to somewhere on the
airport. The Commission approved the move, with the Staff authorized to
decide on the location.
Submitted: _________________________
Robert G. Teal, Commissioner
Palm Springs International Airport
Email: bob@teal.us.com
Phone: 760-899-4171
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