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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 Click here to return to Agenda CITY COUNCIL AGENDA 2 NOVEMBER 3, 2015 Click here to return to Agenda CITY COUNCIL AGENDA 3 NOVEMBER 3, 2015 Click here to return to Agenda CITY COUNCIL AGENDA 4 NOVEMBER 3, 2015 Click here to return to Agenda CITY COUNCIL AGENDA 5 NOVEMBER 3, 2015     . Click here to return to Agenda Click here to return to Agenda 7 Click here to return to Agenda 8 Click here to return to Agenda 9 Click here to return to Agenda 10 Click here to return to Agenda 11 Click here to return to Agenda 12 Click here to return to Agenda 13 Click here to return to Agenda 14 Click here to return to Agenda 15 Click here to return to Agenda 16 Click here to return to Agenda CITY COUNCIL MINUTES 1 OCTOBER 20, 2015 17 Click here to return to Agenda CITY COUNCIL MINUTES 2 OCTOBER 20, 2015 18 Click here to return to Agenda CITY COUNCIL MINUTES 3 OCTOBER 20, 2015 19 Click here to return to Agenda CITY COUNCIL MINUTES 4 OCTOBER 20, 2015 20 Click here to return to Agenda CITY COUNCIL MINUTES 5 OCTOBER 20, 2015       21 Click here to return to Agenda CITY COUNCIL MINUTES 6 OCTOBER 20, 2015  22 Click here to return to Agenda 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. 23 Click here to return to Agenda 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 24 Click here to return to Agenda 25 Click here to return to Agenda 26 Click here to return to Agenda 27 Click here to return to Agenda 28 Click here to return to Agenda 29 Click here to return to Agenda 30 Click here to return to Agenda 31 Click here to return to Agenda 32 Click here to return to Agenda 33 Click here to return to Agenda 34 Click here to return to Agenda 35 Click here to return to Agenda 36 Click here to return to Agenda 37 Click here to return to Agenda 38 Click here to return to Agenda 39 Click here to return to Agenda 40 Click here to return to Agenda 41 Click here to return to Agenda 42 Click here to return to Agenda 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. 43 Click here to return to Agenda 44 Click here to return to Agenda 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.” 45 Click here to return to Agenda 2 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. 46 Click here to return to Agenda 3 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. 47 Click here to return to Agenda 4 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 48 Click here to return to Agenda 5 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. 49 Click here to return to Agenda 6 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 50 Click here to return to Agenda 7 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. 51 Click here to return to Agenda 8 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. 52 Click here to return to Agenda 9 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) 53 Click here to return to Agenda 10 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) 54 Click here to return to Agenda 11 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 55 Click here to return to Agenda 12 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 56 Click here to return to Agenda 13 EXHIBIT A GOALS AND MEASURED OUTCOMES (behind this page) 57 Click here to return to Agenda 58 Click here to return to Agenda 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. 59 Click here to return to Agenda 60 Click here to return to Agenda 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. 61 Click here to return to Agenda 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 62 Click here to return to Agenda At t a c h m e n t  1  –L o c a t i o n  Ma p Pr o j e c t  No .  20 1 3 ‐02 La  Qu i n t a  Mi s c e l l a n e o u s  Pa r k s   AD A  Im p r o v e m e n t s 1. V e l a s c o  Pa r k 2. E i s e n h o w e r  Pa r k 3. S e a s o n s  Pa r k 4 Sa g u a r o Pa r k 56 4 . Sa g u a r o  Pa r k 5. D e s e r t  Pr i d e  Pa r k 6. A d a m s  St r e e t  Pa r k 7. F r i t z  Bu r n s  Pa r k 8. L a  Qu i n t a  Mu s e u m 1 2 7 4 3 8 ATTACHMENT 1 63 Click here to return to Agenda 64 Click here to return to Agenda 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. CONSENT CALENDAR ITEM NO. 65 Click here to return to Agenda 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 66 Click here to return to Agenda 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. 67 Click here to return to Agenda 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 68 Click here to return to Agenda 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 69 Click here to return to Agenda 70 Click here to return to Agenda 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. 71 Click here to return to Agenda 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 72 Click here to return to Agenda 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 73 Click here to return to Agenda 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. 74 Click here to return to Agenda 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) 75 Click here to return to Agenda 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) 76 Click here to return to Agenda 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. 77 Click here to return to Agenda 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 78 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 9 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 79 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 10 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 80 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 11 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 81 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 12 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. 82 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 13 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) 83 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 14 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 84 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 15 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 85 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 16 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 86 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 17 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. 87 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 18 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. 88 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 19 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; 89 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 20 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. 90 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 21 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, 91 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 22 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. 92 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 23 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. 93 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 24 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 94 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 25 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. 95 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 26 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 96 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 27 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. 97 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 28 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 98 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 29 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) 99 Click here to return to Agenda Ordinance No. Amendment to Title 10 Animals Adopted: November 3, 2015 Page 30 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 100 Click here to return to Agenda 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 1 101 Click here to return to Agenda 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 102 Click here to return to Agenda 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. 103 Click here to return to Agenda “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. 104 Click here to return to Agenda 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 105 Click here to return to Agenda 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. 106 Click here to return to Agenda 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) 107 Click here to return to Agenda 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 108 Click here to return to Agenda 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) 109 Click here to return to Agenda 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 110 Click here to return to Agenda 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) 111 Click here to return to Agenda 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) 112 Click here to return to Agenda 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 113 Click here to return to Agenda 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 114 Click here to return to Agenda 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 115 Click here to return to Agenda 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 116 Click here to return to Agenda 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. 117 Click here to return to Agenda (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) 118 Click here to return to Agenda 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. 119 Click here to return to Agenda 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. 120 Click here to return to Agenda 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; 121 Click here to return to Agenda 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. 122 Click here to return to Agenda 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 123 Click here to return to Agenda 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. 124 Click here to return to Agenda 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 125 Click here to return to Agenda 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. 126 Click here to return to Agenda 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 127 Click here to return to Agenda 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) 128 Click here to return to Agenda 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 129 Click here to return to Agenda 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 130 Click here to return to Agenda 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 131 Click here to return to Agenda 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) 132 Click here to return to Agenda     133 Click here to return to Agenda 134 Click here to return to Agenda 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. 1 135 Click here to return to Agenda 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 136 Click here to return to Agenda 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 137 Click here to return to Agenda 138 Click here to return to Agenda 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 1 / 12 Code Compliance Community Outreach SurveyMonkeyATTTACHMENT 1 139 Click here to return to Agenda 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% 2 / 12 Code Compliance Community Outreach SurveyMonkey 140 Click here to return to Agenda 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) 3 / 12 Code Compliance Community Outreach SurveyMonkey 141 Click here to return to Agenda 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) 4 / 12 Code Compliance Community Outreach SurveyMonkey 142 Click here to return to Agenda 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% 5 / 12 Code Compliance Community Outreach SurveyMonkey 143 Click here to return to Agenda 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% 6 / 12 Code Compliance Community Outreach SurveyMonkey 144 Click here to return to Agenda 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) 7 / 12 Code Compliance Community Outreach SurveyMonkey 145 Click here to return to Agenda 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% 8 / 12 Code Compliance Community Outreach SurveyMonkey 146 Click here to return to Agenda 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 9 / 12 Code Compliance Community Outreach SurveyMonkey 147 Click here to return to Agenda 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 10 / 12 Code Compliance Community Outreach SurveyMonkey 148 Click here to return to Agenda 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 11 / 12 Code Compliance Community Outreach SurveyMonkey 149 Click here to return to Agenda 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 12 / 12 Code Compliance Community Outreach SurveyMonkey 150 Click here to return to Agenda 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. 151 Click here to return to Agenda 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 152 Click here to return to Agenda 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 Click here to return to Agenda 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) 154 Click here to return to Agenda 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 Click here to return to Agenda 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 156 Click here to return to Agenda 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 157 Click here to return to Agenda 158 Click here to return to Agenda 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 Page 1 of 28 159 Click here to return to Agenda 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. Page 2 of 28 160 Click here to return to Agenda 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. Page 3 of 28 161 Click here to return to Agenda 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)). Page 4 of 28 162 Click here to return to Agenda 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) Page 5 of 28 163 Click here to return to Agenda 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): Page 6 of 28 164 Click here to return to Agenda 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 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 Page 7 of 28 165 Click here to return to Agenda 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 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, Page 8 of 28 166 Click here to return to Agenda 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 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). Page 9 of 28 167 Click here to return to Agenda 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 Page 10 of 28 168 Click here to return to Agenda 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 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. Page 11 of 28 169 Click here to return to Agenda 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 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 Page 12 of 28 170 Click here to return to Agenda 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 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. Page 13 of 28 171 Click here to return to Agenda 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 Page 14 of 28 172 Click here to return to Agenda 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 Page 15 of 28 173 Click here to return to Agenda 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 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. Page 16 of 28 174 Click here to return to Agenda 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 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. Page 17 of 28 175 Click here to return to Agenda 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 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. Page 18 of 28 176 Click here to return to Agenda 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 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 Page 19 of 28 177 Click here to return to Agenda 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 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 Page 20 of 28 178 Click here to return to Agenda 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. Page 21 of 28 179 Click here to return to Agenda 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 Page 22 of 28 180 Click here to return to Agenda 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 Page 23 of 28 181 Click here to return to Agenda 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 Page 24 of 28 182 Click here to return to Agenda 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. Page 25 of 28 183 Click here to return to Agenda 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 Page 26 of 28 184 Click here to return to Agenda 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 Page 27 of 28 185 Click here to return to Agenda 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. Page 28 of 28 186 Click here to return to Agenda ATTACHMENT 1 187 Click here to return to Agenda 188 Click here to return to Agenda ATTACHMENT 2 A T T A C H M E N T 2 189 Click here to return to Agenda 190 Click here to return to Agenda 191 Click here to return to Agenda 192 Click here to return to Agenda 193 Click here to return to Agenda 194 Click here to return to Agenda 195 Click here to return to Agenda 196 Click here to return to Agenda 197 Click here to return to Agenda 198 Click here to return to Agenda 199 Click here to return to Agenda 200 Click here to return to Agenda 201 Click here to return to Agenda 202 Click here to return to Agenda 203 Click here to return to Agenda 204 Click here to return to Agenda 205 Click here to return to Agenda 206 Click here to return to Agenda 207 Click here to return to Agenda 208 Click here to return to Agenda 209 Click here to return to Agenda 210 Click here to return to Agenda 211 Click here to return to Agenda 212 Click here to return to Agenda 213 Click here to return to Agenda 214 Click here to return to Agenda 215 Click here to return to Agenda 216 Click here to return to Agenda 217 Click here to return to Agenda 218 Click here to return to Agenda 219 Click here to return to Agenda 220 Click here to return to Agenda 221 Click here to return to Agenda 222 Click here to return to Agenda 223 Click here to return to Agenda 224 Click here to return to Agenda 225 Click here to return to Agenda 226 Click here to return to Agenda 227 Click here to return to Agenda 228 Click here to return to Agenda 229 Click here to return to Agenda 230 Click here to return to Agenda 231 Click here to return to Agenda 232 Click here to return to Agenda 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. 233 Click here to return to Agenda 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. 234 Click here to return to Agenda 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 235 Click here to return to Agenda 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 26 163 236 Click here to return to Agenda 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 237 Click here to return to Agenda 238 Click here to return to Agenda 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 239 Click here to return to Agenda 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. 240 Click here to return to Agenda 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 Click here to return to Agenda 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. 242 Click here to return to Agenda 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 243 Click here to return to Agenda 244 Click here to return to Agenda 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 245 Click here to return to Agenda 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. 246 Click here to return to Agenda 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 247 Click here to return to Agenda 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, 248 Click here to return to Agenda 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. 249 Click here to return to Agenda 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. 250 Click here to return to Agenda 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. 251 Click here to return to Agenda 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 252 Click here to return to Agenda 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: 253 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 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: 254 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 11 of 19 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 255 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 12 of 19 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 256 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 13 of 19 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. 257 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 14 of 19 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 258 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 15 of 19 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. 259 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 16 of 19 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 260 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 17 of 19 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. 261 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 18 of 19 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 262 Click here to return to Agenda CITY COUNCIL RESOLUTION 2015- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2015-0001 VILLAS AT OLD TOWN (MARVIN INVESTMENTS, INC.) NOVEMBER 3, 2015 Page 19 of 19 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. 263 Click here to return to Agenda 264 Click here to return to Agenda 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 1 265 Click here to return to Agenda 266 Click here to return to Agenda CALLE TAMPICO AVENIDA LA FONDA DE S E R T C L U B D R MAIN S T CALLE ESTADO CALLE FORTUN A SE A S O N S W A Y OLD TOWN LN L I N D E N L N CALLE CADIZ CA L L E G U A T A M A L A 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 A T T A C H M E N T 2 267 Click here to return to Agenda 268 Click here to return to Agenda 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 3 269 Click here to return to Agenda 270 Click here to return to Agenda 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: 271 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 3  Part A: Old Town La Quinta 272 Click here to return to Agenda 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 273 Click here to return to Agenda 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 274 Click here to return to Agenda 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. 275 Click here to return to Agenda Old Town  Exhibit 1 1.2 P The purp guideline project. This Spe law. The impleme programs the Gene general g such as (Section A Specifi detail: La Quinta Spe : Aerial phot PURPOSE & pose of this S es, and prog ecific Plan is e State auth nting their G s, and any p eral Plan. goals and p zoning ord 65451) sets ic Plan shall cific Plan Ame tograph dep & INTENT Specific Plan grams to fac s intended to horizes cities General Plan proposed leg The Specif policies of th dinances, su s forth the m include a te endment 1 (SP2 icting the sit n Amendme cilitate the r o meet the re s and counti s. Such a p gislation tha fic Plan pro he City, and ubdivision o inimum requ ext and diag 2002‐058 Ame te and existin nt is to set fo redevelopme equirements es to adopt plan is to inc at is necessa ovides the li the detailed ordinances, uirements of ram or diagr endment 1)  ng developm orth the deta ent of the e s for a Spec Specific Pla clude the det ary for the s inkage betw d implemen and the lik f a Specific P rams, which ment ailed develo existing Old cific Plan as ans as an a tailed regula systematic im ween the G tation of tha ke. The Go Plan and sta specify all o P pment princ Town La Q set forth in ppropriate to ations, condit mplementati eneral Plan at plan with overnment ates: of the follow Page 7  ciples, Quinta State ool in tions, on of n, the tools Code ing in 276 Click here to return to Agenda 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 277 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 9  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. 278 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 10  Exhibit 2: Existing land use Exhibit 3: Existing zoning 279 Click here to return to Agenda Old Town  Exhibit 4 La Quinta Spe : Old Town L cific Plan Ame La Quinta O endment 1 (SP2 Overall Site P 2002‐058 Ame Plan endment 1) Paage 11  280 Click here to return to Agenda 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. 281 Click here to return to Agenda 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. 282 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 14  Exhibit 5: Plaza Plans 283 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 15  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 284 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 16  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 285 Click here to return to Agenda 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. 286 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 18  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. 287 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 19  Part B: Villas at Old Town 288 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 20  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 289 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 21  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 290 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 22  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 291 Click here to return to Agenda 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. 292 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 24  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. 293 Click here to return to Agenda Old Town  Exhibit 2 La Quinta Spe : Existing lan cific Plan Ame nd use endment 1 (SP22002‐058 Ameendment 1) Paage 25  294 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 26  Exhibit 3: Existing zoning 295 Click here to return to Agenda 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  296Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 28  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. 297 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 29  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. 298 Click here to return to Agenda Old Town  Exhibit 6 La Quinta Spe : Street Cros cific Plan Ame ss Sections endment 1 (SP22002‐058 Ameendment 1) Paage 30  299 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 31  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 300 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 32  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. 301 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 33  Exhibit 7: Sewer Service Plan 3 0 2 C l i c k h e r e t o r e t u r n t o A g e n d a Old Town  Exhibit 8 La Quinta Spe : Water Serv cific Plan Ame vice Plan endment 1 (SP22002‐058 Ameendment 1) Pa age 34  3 0 3 C l i c k h e r e t o r e t u r n t o A g e n d a 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. 304 Click here to return to Agenda Old Town  Exhibit 9 La Quinta Spe : Phasing Pl cific Plan Ame lan endment 1 (SP22002‐058 Ameendment 1) Pa age 36  3 0 5 C l i c k h e r e t o r e t u r n t o A g e n d a 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 306 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 38  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. 307 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 39  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 308 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 40  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 309 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 41  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 310 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 42  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. 311 Click here to return to Agenda Old Town  Exhibit 1 La Quinta Spe 0: Landscap cific Plan Ame pe Concepts endment 1 (SP2 s 2002‐058 Ame endment 1) Paage 43  312 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 44  Exhibit 11: Pedestrian Crossing areas to Villas from Existing Old Town Exhibit 12: Architectural vocabulary and sections 313 Click here to return to Agenda Old Town  Exhibit 1 La Quinta Spe 3: Typical A cific Plan Ame Architectural endment 1 (SP2 Elevations 2002‐058 Ameendment 1) Paage 45  314 Click here to return to Agenda Old Town  Exhibit 1 La Quinta Spe 4: Architectu cific Plan Ame ural Concept endment 1 (SP2 t 2002‐058 Ameendment 1) Paage 46  315 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 47  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 316 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 48  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.” 317 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 49   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. 318 Click here to return to Agenda Old Town La Quinta Specific Plan Amendment 1 (SP2002‐058 Amendment 1)  Page 50   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. 319 Click here to return to Agenda 320 Click here to return to Agenda 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 A T T A C H M E N T 4 321 Click here to return to Agenda 322 Click here to return to Agenda 323 Click here to return to Agenda 324 Click here to return to Agenda 325 Click here to return to Agenda 326 Click here to return to Agenda 327 Click here to return to Agenda 328 Click here to return to Agenda 329 Click here to return to Agenda 330 Click here to return to Agenda 331 Click here to return to Agenda 332 Click here to return to Agenda 333 Click here to return to Agenda 334 Click here to return to Agenda 335 Click here to return to Agenda 336 Click here to return to Agenda 337 Click here to return to Agenda 338 Click here to return to Agenda 339 Click here to return to Agenda 340 Click here to return to Agenda 341 Click here to return to Agenda 342 Click here to return to Agenda 343 Click here to return to Agenda 344 Click here to return to Agenda 345 Click here to return to Agenda 346 Click here to return to Agenda 347 Click here to return to Agenda 348 Click here to return to Agenda 349 Click here to return to Agenda 350 Click here to return to Agenda 351 Click here to return to Agenda 352 Click here to return to Agenda 353 Click here to return to Agenda 354 Click here to return to Agenda 355 Click here to return to Agenda 356 Click here to return to Agenda 357 Click here to return to Agenda 358 Click here to return to Agenda 359 Click here to return to Agenda 360 Click here to return to Agenda 361 Click here to return to Agenda 362 Click here to return to Agenda 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. 363 Click here to return to Agenda 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. 364 Click here to return to Agenda 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. 365 Click here to return to Agenda 366 Click here to return to Agenda       367 Click here to return to Agenda ,,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. 368 Click here to return to Agenda 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. __ 369 Click here to return to Agenda 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 370 Click here to return to Agenda ATTACHMENT 1 371 Click here to return to Agenda 372 Click here to return to Agenda 373 Click here to return to Agenda 374 Click here to return to Agenda 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 ATTACHMENT 2 A T T A C H M E N T 2 375 Click here to return to Agenda 376 Click here to return to Agenda 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 377 Click here to return to Agenda 378 Click here to return to Agenda