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2016 03 22 PCV90LI 09, M#= Planning Commission agendas and staff reports are now available on the City's web page: www.la-quint" PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, MARCH 22, 2016 at 7:00 P.M. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Executive Assistant prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PLANNING COMMISSION AGENDA 1 MARCH 22 , 2016 Beginning Resolution No. 2016-006 1. Appeal 2016-0001 submitted by Mr. George Bushala seeking reversal of Design and Development Director's decision regarding the approval of Tentative Parcel Map 2015-0009 (TPM 36964) and Minor Adjustment 2016-0001. CEQA: Categorically exempt from environmental review pursuant under the California Environmental Quality Act Section 15315, Class 15 (Minor Land Divisions). Location: southeast corner of Calle Quito and Avenida La Jarita. BUSINESS SESSION - NONE COMMISSIONER ITEMS - NONE DIRECTOR'S ITEMS - NONE ADJOURNMENT The next regular meeting of the Planning Commission will be held on April 12, 2016, commencing at 7:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Wanda Wise -Latta, Executive Assistant of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the inside of the north entry to the La Quinta Civic Center at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on March 18, 2016. DATED: March 17, 2016 WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PUBLIC NOTICES The La Quinto City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. PLANNING COMMISSION AGENDA 2 MARCH 22, 2016 Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Community Development Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION AGENDA 3 MARCH 22, 2016 PH 1 STAFF REPORT PLANNING COMMISSION DATE: MARCH 22, 2016 CASE NO: APPEAL 2016-0001 [TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) AND MINOR ADJUSTMENT 2016-00011 APPLICANT: MR. GEORGE BUSHALA PROPERTY OWNER: MR. RICK MORRIS REQUEST: APPEAL OF DIRECTOR'S APPROVAL OF TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) AND MINOR ADJUSTMENT 2016-0001 TO SUBDIVIDE A 19,943 SQUARE FOOT LOT INTO TWO LOTS OF 10,000 AND 9,943 SQUARE FEET EACH AND TO ALLOW A REDUCTION IN LOT SIZE OF 57 SQUARE FEET. CEQA: THE LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15315, CLASS 15 (MINOR LAND DIVISIONS), SECTION 15303, CLASS 3 (NEW CONSTRUCTION), AND SECTION 15332, CLASS 32 (IN -FILL DEVELOPMENT). LOCATION: SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA LEGAL: APN: 770-145-001 RECOMMENDED ACTION Sustain the Design and Development Department Director's decision for the approval of Tentative Parcel Map 2015-0009 (TPM 36964) and Minor Adjustment 2016-0001. EXECUTIVE SUMMARY • The land owner proposes the subdivision of a 19,943 square foot lot into two lots of 10,000 and 9,943 square feet in an existing neighborhood (Attachment 1). The parcel is located in the Low Density Residential (RL), 10,000 square foot minimum lot size, zone at the southeast corner of Calle Quito and Avenida La Jarita (Attachment 2) • The applicant has filed a Minor Adjustment (MA) requesting a reduction in size of the second lot by 57.3 square feet. • On February 17, 2016, the Design and Development Director approved Tentative Parcel Map 2015-0009 (TPM 36964) and MA 2016-0001 (Attachment 3). • On February 29, 2016, Mr. George Bushala filed an appeal of the Director's approval with the City. BACKGROUND The property in question is located in an existing neighborhood that is mostly built out. The proposed subdivision will result in two lots, and ultimately will add two single- family homes to the neighborhood. PROPOSAL AND ANALYSIS The project site is currently 19,943 square feet. The subdivision would result in two lots of 10,000 and 9,943 square feet. The General Plan land use designation for the property is Low Density Residential. The Zoning designation for the property is Low Density Residential, 10,000 square foot minimum (RL/10,000). The site is surrounded by RL/10,000 lands. The existing parcel is a corner lot, which because of adjacent roadway improvements, is irregular in shape and has a "clipped" or rounded corner. The resulting parcel is 57.3 feet short of 20,000 square feet, which would result in two conforming lots. The City allows the reduction of development standards through the consideration of a Minor Adjustment. Under the requirements of the Zoning Ordinance, a reduction of up to 10% of any numerical development standard can be considered. In this case, the applicant is requesting a reduction of 57.3 square feet, which represents a reduction of 0.5% of the numerical development standard. Because of the irregular shape of the parcel, and the corner lot condition, staff is comfortable with the request, and believes that it is justified. The subdivision of the parcel into two lots will be consistent with the surrounding lots, and will not represent a perceptible difference when compared to adjacent lots. The findings for approval can be made, and are attached to this staff report. The site is located in an existing neighborhood, and all utilities and services are available in surrounding streets. APPEAL OF DESIGN AND DEVELOPMENT DIRECTOR'S DETERMINATION: Mr. Bushala has appealed the Director's approval of the proposed TPM and MA. The opposition letters document the appellant's grounds for appealing the Director's decision (Attachments 4 and 5). The grounds for the appeal by the appellant are listed below and include responses from staff: 1. The proposed project is not exempt from the California Environmental Quality Act (CEQA) pursuant to 15315, Class 15 (Minor Lands Divisions). Response (1): The City has determined that the MA is exempt from CEQA under Section 15315, Class 15 (Minor Land Divisions) as the project is a division of property in an urbanized area zoned for residential into fewer than four parcels and consistent with the General Plan and Zoning. The City has determined that the project is exempt from CEQA under 15303, Class 3 (New Construction) and 15332, Class 32 (In -fill Development Projects) as the proposed subdivision will facilitate the development of future single-family residential units, is on a site that is no more than five acres and substantially surrounded by urban uses. 2. That the project application fails to state fully the justification for the exemption. Response (2): The MA process procedures in Chapter 9.210.040 of the La Quinta Municipal Code (Code) require findings for consistency with the General Plan, Zoning Code, CEQA, and Surrounding Uses. The consistency findings were identified in the February 17, 2016, Director's Hearing staff report. 3. The proposed project is inconsistent with the General Plan or the City's Official Zoning Map. Response (3): The proposed subdivision includes a new lot size less than the 10,000 square foot minimum lot size required in the RL-10,000 zone. The Zoning Code permits a 10 percent deviation from this development standard, subject to the approval of a MA as permitted in Chapter 9.210.040 of the La Quinta Municipal Code. The applicant's request for a lot size reduction of 57.3 square feet, represents a reduction of 0.5% of the numerical development standard and therefore eligible for the MA subject to the Director's approval. 4. The Zoning District RL-10,000 requires the subject properties in the district to be a minimum lot area of 10,000 square feet. Response (4): Same as Response 3. 5. That there is nothing irregular about the property as corner properties in the vicinity have clipped or rounded corners. Response (5): The MA process consistency findings in Chapter 9.210.040 of the La Quinta Municipal Code have been satisfied. Variance findings for special circumstances, preservation of property rights, and no special privileges as specified in Chapter 9.210.030 (Variances) are not required as the proposed project does not deviate more than 10 percent from the minimum lot size approved by the Design and Development Department Director through the MA process. 6. Approving the subdivision would create a more irregular parcel with respect to lot size than currently exists. No other lot is less than 10,000 square feet. Response (6): The approval of the subdivision would allow one of the proposed lots to be less than 10,000 square feet. The building envelope is identified for each lot that is consistent with the building setback standards of the RL-10,000 zone (Attachment 3). There are existing lots within the vicinity of the project site that are less than 10,000 square feet and within the RL 10,000 zone at the following locations: • 78600 Avenida La Fonda • 51150 Calle Tampico • 78650 Calle Tampico The location of these lots is further identified in Attachment 6. 7. The Subdivision Code does not allow Minor Adjustments to subdivisions. The City Zoning Code does not apply to subdivisions. Response (7): The appellant states that the Subdivision Code (Title 8) does not allow a MA and therefore does not apply in this case. The MA requested is a deviation from the lot size development standard of the Code (Title 9). 8. The approval of the application would grant the subject property owner a special privilege that has not been granted to any other property owner in the tract. Response (8): The MA process is available to property owners citywide and is not a special privilege exclusively granted to the applicant. ANALYSIS: Staffs position has not changed. The proposed subdivision includes a new lot size that is less than the 10,000 square foot minimum lot size, but within the 10 percent numerical deviation permitted with the approval of a minor adjustment. The appellant states that findings similar to those required for a variance procedure are required for the approval of this project. The MA process procedures in Chapter 9.210.040 of the La Quinta Municipal Code do not require variance findings for special circumstances, preservation of property rights, and no special privileges. The appellant states that the Subdivision Code (Title 8) does not allow a MA for a subdivision of property and therefore does not apply in this case. Minimum lot sizes are development standards of the Zoning Code (Title 9) and therefore a MA is appropriate. AGENCY AND PUBLIC REVIEW Public Agency Review: This request was sent to all applicable City departments and affected public agencies on October 20, 2015. All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been incorporated in the recommended Conditions of Approval. Public Notice: The notice of the appeal of the project was advertised in The Desert Sun newspaper on March 11, 2016, 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 Design and Development Department has determined that this project is exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15 (Minor Land Divisions). Report prepared by: Gabriel Perez, Planning Manager Report approved for submission by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Project Information 2. Project Area Site Map 3. Tentative Parcel Map 37010 4. January 20, 2016 letter from George Bushala 5. Appeal letter from George Bushala dated February 29, 2016 6. Vicinity Map - parcels less than 10,000 square feet in area PLANNING COMMISSION RESOLUTION 2016 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, SUSTAINING THE DIRECTOR DECISION FOR THE APPROVAL OF A REQUEST TO SUBDIVIDE EXISTING 19,943 SQUARE FOOT LOT INTO 2 LOTS OF 10,000 AND 91943 SQUARE FEET EACH, AND MINOR ADJUSTMENT TO ALLOW A REDUCTION IN LOT SIZE OF 57 SQUARE FEET SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA CASE NUMBERS: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 APPLICANT/PROPERTY OWNER: RICK MORRIS WHEREAS, the Design and Development Director of the City of La Quinta, California did, on the 17th day of March, 2016, hold a duly noticed Public Hearing and approved a request by Mr. Rick Morris, for the proposed subdivision of a 19,943 square foot site into 2 lots, Tentative Parcel Map 36964, more particularly described as: APN: 770-145-001 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 22nd day of March, 2016, hold a duly noticed Public Hearing to consider an appeal by Mr. George Bushala for Tentative Parcel Map 36964. WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on March 11, 2016 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, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Minor Adjustment 2016-0001: 1. Consistency with General Plan The project is consistent with the General plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot Planning Commission Resolution 2016 - Tentative Parcel Map 2015-0009 and Minor Adjustment 2016-0001 Applicant: Rick Morris Adopted: March 22, 2016 Page 2 of 4 of 10,000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with California Environmental Quality Act (CEQA) Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development). 4. Surrounding Uses Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Tentative Parcel Map 2015-009: 1. Consistency with General Plan The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single-family homes in an existing single-family home neighborhood. 2. Consistency of Design of Proposed Subdivision with General Plan and Zoning Code The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Planning Commission Resolution 2016 - Tentative Parcel Map 2015-0009 and Minor Adjustment 2016-0001 Applicant: Rick Morris Adopted: March 22, 2016 Page 3 of 4 Density Reside ntial/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. 3. Compliance with California Environmental Quality Act (CEQA) The design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development). 4. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. 5. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size and shape with surrounding existing single- family home lots in this neighborhood. 6. As conditioned, the proposed tentative parcel map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, as adjusted, any other applicable provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: Planning Commission Resolution 2016 - Tentative Parcel Map 2015-0009 and Minor Adjustment 2016-0001 Applicant: Rick Morris Adopted: March 22, 2016 Page 4of4 SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development) of the CEQA Guidelines. SECTION 3. That it does hereby sustain the Director's decision approving Minor Adjustment 2016-0001, for the reasons set forth in this Resolution. SECTION 4. That it does hereby sustain the Director's decision approving Tentative Parcel Map 2015-0009, 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 City of La Quinta Planning Commission, held on this the 22nd day of March, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROBERT WILKINSON, Chairperson City of La Quinta, California ATTEST: GABRIEL PEREZ, Planning Manager City of La Quinta, California FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 1 of 7 FINDINGS, MINOR ADJUSTMENT 2016-0001 1. Consistency with General Plan. The project is consistent with the general plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code. The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot of 10, 000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA under Section 15315, Class 15, Minor Land Division. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. FINDINGS, TENTATIVE PARCEL MAP 2015-0009 1. The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single family homes in an existing single family home neighborhood. 2. The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Density Residential/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 2 of 7 3. The design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 Class 15 (Minor Land Divisions). 4. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. 5. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size and shape with surrounding existing single family home lots in this neighborhood. 6. As conditioned, the proposed tentative parcel map is consistent withal[ applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, as adjusted, any other applicable provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that none presently exist and access is provided within the project and to adjacent public streets. CONDITIONS OF APPROVAL 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 Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its FINDINGS AND CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 3 of 7 defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, 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. 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 • 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 improvement plans for City approval. 4. Developer shall reimburse the City, within thirty (30) days of presentment of the FINDINGS AND CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 4 of 7 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. 5. 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 6. 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. MAPS 7. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. IIuI91MOITH&MOIA»_101[.bi 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. 8. 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). 9. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City FINDINGS AND CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 5 of 7 Engineer. Improvement plans shall be stamped and signed by engineers and other professionals registered in California. 10. The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official 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 Residential Precise Grading Plant" = 30' 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. 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. 11. 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- guinta.orq). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 12. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). GRADING 13. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 14. Prior to occupancy of the project site for any construction, the applicant shall obtain a grading or building permit. 15. All grading shall conform with the recommendations contained in the Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist FINDINGS AND CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 6 of 7 registered in the State of California. 16. Building pad elevations on the 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. 17. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 18. 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 Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 19. 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 20. The applicant shall comply with applicable provisions for best management practices (BMPs) 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. R7-2013-0011. UTILITIES 21. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 7 of 7 22. 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, or as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. MAINTENANCE 23. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 24. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb. FEES AND DEPOSITS 25. 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. 26. 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). ATTACHMENT 1 Project Information CASE NUMBER: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 APPLICANT: MR. RICK MORRIS PROPERTY OWNER: MR. RICK MORRIS REQUEST: SUBDIVIDE EXISTING 19,943 SQUARE FOOT LOT INTO 2 LOTS OF 10,000 AND 9,943 SQUARE FEET EACH LOCATION: SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL/10,000 ZONING DESIGNATION: LOW DENSITY RESIDENTIAL/10,000 SURROUNDING ZONING/LAND USES: NORTH: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES SOUTH: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES EAST: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES WEST: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES ATTACHMENT: tv a "il�r �oa e , 42t. a _ a 701PR` Www"M Kill, , n -I � I _ I . Y IMun + , - _r r • - Y , I t. 55 � � I , , , er >iv • , , Y � - I . 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L - a , '�- - 3 a, hpr7 c� L '_ r p , g} I•' ' ' � x y _ „ t { �- ^� ■ lip r- LOW .� r I p a �+ 4 ;, e �►� •, •' ,swa a I � I � I � '•i. •r6ii 4dl, +�ri„1.� � 14-' , , � IFFF� TPM 2015-0009 ProjectArea Site Map W E S December 30, 2015 City of La Quinta Qw,K& Planning Division —GEN1gjihc.DESERE— Community Development Department ATTACHMENT 3 CONTACT INFORMATION OWNER/DEVELOPER: MR. RICK MORRIS 51-525 AVENIDA JUAREZ LA QUINTA, CA 92253 (760)774-8825 morrisam1@hotmail.com ENGINEER: ESSI ENGINEERING 77-570 SPRINGFIELD LANE, SUITE "C" PALM DESERT, CA 92211 760-772-8400 OFFICE 760-772-8421 FAX CONTACT: ESSI SHAHANDEH essi.shahahndeh@eeicompany.com UTILITY COMPANIES SEWER AND WATER BY CVWD ELECTRIC BY IMPERIAL IRRIGATION DISTRICT TELEPHONE BY VERIZON GAS BY THE GAS CO. CATV BY WARNER CABLE DESERT SANDS UNIFIED SCHOOL DISTRICT IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA rY NTATIVIE PARCELAIAP 36964 GENERAL NOTES 1) THERE NO OTHER CONTIGUOUS OWNERSHIP 2) GROSS AREA = 19,942 SF (0.46 AC), PARCEL 1=10,000 SF (0.23 AC.), PARCEL 2 = 9,942 SF (0.23 AC.) 3) LAND IS NOT SUBJECT TO OVERFLOW, INUNDATION OR FLOOD HAZARD 4) EXISTING ZONING LOT 133 = RL PROPOSED ZONING PARCELS 1 AND 2 = RL SURROUNDING ZONING = RL 5) EXISTING USE LOT 133 = VACANT SURROUNDING USE = SINGLE FAMILY RESIDENTIAL PROPOSED USE PARCEL 1 AND 2 = SINGLE FAMILY RESIDENTIAL LEGAL DESCRIPTION LOT 133 OF TRACT 28470-2 AS SHOWN IN BOOK 21 OF MAPS AT PAGES 61-62, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. ASSESSOR'S PARCEL NUMBER: 770-145-001 ADDRESS: 78-6 AVENIDA LA JARITA LA QUINTA, CA 92253 BENCHMARK -LOCAL BENCHMARK BENCHMARK: CITY OF LA QUINTA BM 255 B3.5" BRASS DISK FLUSH IN CURB 70' WEST OF THE ECR OF THE NORTHWEST CURB RETURN AT THE INTERSECTION OF CALLE TAMPICO AND WASHINGTON STREET. ELEV: 38.947 DATUM: NAVD88 BASIS OF BEARINGS BASIS OF BEARINGS: THE CENTERLINE OF AVENIDA LA FONDA PER MB 21 /61-62 BEING: NORTH 89'46'00" EAST TITLE INFORMATION: REPORT #: 00034961-991-IEI-BS2 TITLE COMPANY: FIDELITY NATIONAL TITLE COMPANY CONTACT PERSON: BRIAN JON SMITH PHONE: (909)890-0601 EXT 237 FAX: (760)890-3609 EMAIL: bsmith®nf.com MAP 06065C2241G AUGUST 28, 2008 SHADED ZONE X: AREAS OF 0.2% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. SOIL TYPE: Is - TYPE B PER LA QUINTA ENGINEERING BULLETIN 06-16 PREPARED UNDER THE SUPERVISION OF: ESFANDIAR SHAHANDEH RCE NO. 47834 SEAL ESS, R SygO No. 47834 = m DATE: -ESSI ENGINEERING it 77.540 SPRINGFIELD LANE, SUITE "C" PALM DESERT, CA 9221 1 (760) 772-8400 OFFICE (760) 772-8421 FAX CIVIL AND STRUCTURAL ENGINEERING - PLANNING - SURVEYING BEING A SUBDIVISION OF LOT 133 OF THE DESERT CLUB TRACT NO. 5 AS SHOWN IN BOOK 21 OF MAPS AT PAGES 61-62, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. IN THE SE 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. AIM 770=1 OO= o01 /// / / LOT I I I O o Q a o 0 o0 4 yy 4 ❑ �/ ` � / \\ \ � I � � 1 � - `�� _ sir I1-2 _ ISTING SEWER LATERAL;� # v --_— AVENID / - — _ LA JAR I I n EXISTING 6H CURB &GUTTER — ., — I _ L����j] jJ / / EXISTING 6 _ - - - - + I I LI [I Oo ��'�?O�Oo oO / / / EXISTING DIA ACP WATER M I-f'I----------- // ' (GC 37.84 8 DIA VCP SEWER MAIN +. / 7)EX►57- 6» CURB & o--} I I ------ UTTER (TC 37.43 ---- - (TC' - .35 cJ G 36_92` G 36.86 „ „ / G m i� (G) EXISTIN TER r N FL 38.40 GB FL 38.00 GB J SERVICE - //�o m FL 37.60 GB i` 4v j/ 4 `L i N pro G� L4 +, / E ti PROPOSED SEWER i + V LATERAL �• ,�� ��, PARCEL 1 40 PARCEL2* s 5' o nD a •o o Q 10,000.33 SF (0.23 AC) 11 9,942.68 SF (O.�L3 AC11 LP H Ll Cl 0=1 O5= PE 39.30 I PE 38.90 II"�m O a Oo0 ,x L 00100 - 5 Xi BSL O Ili II / 0 II v / a FL 39.00 ~� FL-38� o / „co GB -HP i I ry 10' PUBLIC III P ,`�' FL 38.60 CCD UTILITY EASEMENT IJ �'' 4 4 ` C� / FL 38.40 c I GB -HP U) PER MB 21 /6 - M1 00 — — —-.� r �, EXISTING BLOCK WALL } 64~ '1 FG 38.2) 1 (CA)_ �;pp ,tv► N' {J / CO^ LPN 777nn-i /AmOo(n-N i I,n non �`z7 nn %I 1 n lo)nn /Aln1, n SFIF 00�� 'it r Ia �--rs J GRAPHIC SCALE 20 0 ,o 20 40 80 ( IN FEET ) I inch = 20 ft. R/W 60' R/W 30, C/L 30, 12' 1st' i 1st' 12' I 2% EXIISTING1 AC PAVEMENT 2_ 2�. -MIN. % 2� -� MIN.'-'_ III III=1111,111- ��T EXISTING 6" 6" CURB &GUTTER— TYPICAL SECTION- CALLE QUITO, AVENIDA LA JARITA NTS d VICINITY MAP NTS 01/20/2016 09:52 7145260296 BUSHALA BROTHERS INC PAGE 02/02 1 ATTACHMENT 4 CITY OF LA QUINTA LA QUINTA CITY HALL 78-495 CALLE TAMPICO LA QU I NTA, CA PUBLIC WORKS DIRECTOR / ADMINISTRATIVE HEARING OFFICER REGARDING TENTATIVE PARCEL MAP 2015.0009 (TPM 36964) COMMUNITY DEVELOPMENT DEPARTMENT, RECEIVED JAN 2 0 2016 CITY OF LA +QUINTA COMMUNITY DEVELOPMENT I OBJECT TO THE ABOVE REFERENCED APPLICATION TO SUBDIVIDE ON THE FOLLOWING GROUNDS; YOU DO NOT HAVE THE AUTHORITY TO CONSIDER THIS REQUEST. THE NOTICE OF PUBLIC HEARING AND THE STAFF REPORT ARE FRAUDULENT AND CONDITIONAL. THE PROPOSED PROJECT IS NOT EXEMPT FROM FURTHER CECIA ENVIRONMENTAL REVIEW PERSUANT TO SECTION 15315 (CLASS 15- MINOR LAND DIVISION). THE PROPOSED PROJECT DOES NOT COMPLY WITH THE APPLICABLE PROVISIONS OF CALIFORNIA GOVERNMENT CODE, THE STATE SUBDIVISION MAP ACT, THE GENERAL PLAN OF THE CITY, THE OFFICAL ZONING MAP, THE CITY ZONING CODE 9.10 ET SEQ. , THE CITY SUBDIVISION CODE 13.04.010 ET SEQ., THE APPLICABLE CITY SPECIFIC PLANS AND/OR THE CITY SPECIAL ZONING DISTRICT SYMBOL DESIGNATION OF RL-10,000 . SINCERELY, 51205 CALLE QUITO LA QU I NTA, CA ATTACHMENT 5 CITY OF LA QUINTA LA QUINTA CITY HALL COMMUNITY DEVELOPMENT DEPARTMENT 78-495 CALLE TAMPICO LA QUINTA, CA FEBRUARY 15, 2016 RE: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) and MINOR ADJUSTMENT 2016-0001 DEAR ADMINISTRATIVE HEARING OFFICER, I OBJECTTO THE ABOVE REFERENCED APPLICATIONS ON THE FOLLOWING GROUNDS; THE PROPOSED.PROJECT IS NOT EXEMPT FROM FURTHER CEQA ENVIRONMENTAL REVIEW PERSUANT TO SECTION 15315 (CLASS 15- MINOR LAND DIVISION), TO WIT; THE PROPOSED LAND DIVISION IS ACCOMPANIED BY ABOVE REFERENCED "MINOR ADJUSTMENT". THE CEQA DETERMINATION IS FALSE ON ITS FACE. THE APPLICATION FAILS TO STATE FULLY THE REASONS AND JUSTIFICATION FOR THE REQUESTED EXEMPTION. THE PROPOSED PROJECT IS NOT CONSISTENT WITH THE GENERAL PLAN OF THE CITY OR THE OFFICIAL ZONING MAP OR THE CITY ZONING ORDINANCE. THE APPLICABLE CITY SPECIFIC PLAN AND/OR THE CITY SPECIAL ZONING DISTRICT SYMBOL DESIGNATION OF RL-10,000 REQUIRES THE SUBJECT LANDS TO BE A MINIMUM LOT AREA OF 10,000 SQUARE FEET. THERE ARE NO SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERY, TO WIT; THE PROPERTY DIRECTLY TO THE REAR, THE PROPERTY ACROSS THE STREET AND ALL THE PROPERTIES AT THE ENDS OF EVERY STREET IN THE TRACT HAVE "CLIPPED OR ROUNDED CORNERS". THERE IS NOTHING IRREGULAR ABOUTTHE "TURNING RADIUS" Off THE CORNER. THE PROPERTY IS NOT OF `IRREGULAR SHAPE". IT IS VIRTUALLY A RECTANGLE. APPROVING THE SUBDIVISION WOULD CREATE AN EVEN MORE IRREGULARLY SHAPED PARCEL THAN EXISTS. MANY PARCELS IN THE TRACT HAVE CURVED OR ANGULAR PROPERTY LINES AT THE STREETS. APPROVING THE SUBDIVISION WOULD CREATE A MORE IRREGULAR (IN TERMS OF SIZE) PARCEL THAN CURRENTLY EXISTS. NO OTHER PARCEL IN THE VICINITY IS LESS THAN 10,000 SQUARE FEET IN AREA. RECEIVED FED 2 9 2016 CITY OF LA QUINTA COMMUNITY DEVELOPMENT THE CITY SUBDIVISION CODE TITLE 13 ET SEQ. DOES NOT ALLOW "MINOR ADJUSTMENTS" TO SUBDIVISIONS. CONVERSLY, THE CITY ZONING CODE 9.210 ET SEQ. DOES NOT APPLY TO SUBDIVISIONS. APPROVAL OF THE APPLICATIONS WOULD GRANT THE SUBJECT PROPERTY OWNER A SPECIAL PRIVILEGE THAT HAS NEVER BEEN GRANTED TO ANY OTHER PROPERTY OWNER IN THE TRACT AND IS UNAVAILABLE TO ANY OTHER PROPERTY OWNER IN THE TRACT. THE STRICT APPLICATION OF THE CODES (REQUIRING ALL PARCELS TO BE 10,000 SQ. FT. MINIMUM) AND HENCE DENIAL OF THE APPLICATIONS, DOES NOT DENY THE APPLICANT ANY PRIVILEGE THAT IS ENJOYED BY OTHER PROPERTY OWNERS IN THE VICINITY, THE TRACTOR WITHIN THE SAME ZONING DISTRICT. THE FINDINGS FOR APPROVAL ARE DEFICIENT, CONTRIVED AND FALSE. SINCERELY, GEORGE BUSHALA 51205 CALLE QUITO LA QUINTA, CA Mailing address; P.O. Box 125 La Quinta, CA 92247 ATTACHMENT 6 Parcels less than 10,000 square feet 1330 1.2885 12828 12135 12668 7381, .� 1� - 385428 12644 a, � � �• 13 263 13555 \ 1,1216 14910 G`. 11962 ,� 3 9540:I 11618 11760 11819 �'� 55 = 232 CALLE TAMPICO - _ - 230297 - 62942 - t -_ - " 68529 .- 14017 1167 � . k � 9n. T4 4 - 1 r 11835 �.,..� o ,. 15330- t , � "964�° '' 1�17��5 � 117�,Q. 11593 . 13447 Z A�i "1088 Z O 12 R A O "j 134 (D i 51 14904 1272 1266 � 8 13008 J Q 10 Site _ (n x Q C 127 ' _ err ` AVENIDA LA JARITA� Q U aZ �.- .13040 1 9� /�0 - 271061 7696�.355$ .l r , �— VV A �� 20554 ,� �10336 1 254 13392 18987 v 2245 10 r 1462.6 15111 - �� 13540 ' 1 11714 11693 ` 13286 �- 9642 a , ,r 104750 AVENIDA LA FONDA6. As., 294743 5251 11920 '"1 13261 ff—U41 122 55 11627 11 2629 CITY OF LA Q UINTA OF PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on March 22, 2016, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78495 Calle Tampico, La Quinta, California, on the following item: APPLICATION: APPEAL 2016-0001 APPLICANT: MR. GEORGE BUSHALA LOCATION: SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA REQUEST: APPEAL DIRECTOR'S APPROVAL OF TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) AND MINOR ADJUSTMENT 2016-0001 TO SUBDIVIDE A 19,943 SQUARE -FOOT LOT INTO TWO LOTS OF 10,000 AND 9,943 SQUARE FEET EACH AND TO ALLOW A REDUCTION IN LOT SIZE OF 57 SQUARE FEET. LEGAL: APN: 770-145-001 The La Quinta Design and Development Department has determined that this proposal is exempt from further environmental review under the California Environmental Quality Act (CEQA), Section 15315 (Class 15 - Minor Land Divisions). Any person may submit written comments on this case to the Design and Development Department prior to the Hearing and/or may appear and be heard in support of or opposition to the project at the time of the Hearing. If you challenge the decision on this case in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Design and Development Department at, or prior to, the Public Hearing. The proposed file(s) may be viewed by the public Monday through Thursday, 7:30 a.m. to 5:30 p.m., and Fridays, 8:00 a.m. to 5:00 p.m., at the Design and Development Department, La Quinta City Hall, 78495 Calle Tampico, La Quinta, California. The public comment period will continue through the Public Hearing date. For more information or assistance, please contact Gabriel Perez, Planning Manager at 760-777-7062. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act Of 1990, the Design and Development Department requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting inform the Design and Development Department a minimum of 72 hours prior to the scheduled meeting. PUBLISH ONCE ON MARCH 11, 2016 RECEIVED MAR 22Z916 CITY OP LA OUINTA COMMUNITY DEVELOPMENT View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/IE492087OD488 I I DEBC... California Code of Regulations Home Table of Contents § 15315. Minor Land Divisions. 14 CA ADC § 15315 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Barclays Official California Code of Regulations Currentness Title 14. Natural Resources Division 6. Resources Agency Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article i9. Categorical Exemptions 14 CCR § 15315 § 15315• Minor Land Divisions. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Note: Authority cited: Section 21083, Public Resources Code, Reference: Section 21084, Public Resources Code. HISTORY 1. Change without regulatory effect amendingNote filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40). This database is current through 3/11/16 Register 2016, No. 11 14 CCR § 15315, 14 CA ADC § 15315 END OF DOCUMENT © 201G Thomson Reuters © 2016 Thomson Reuters No claim to original U.S. Government Works. I of 1 3/21/2016 7:53 PM 3.04.050.Conformance with existing city plans and development criteria. http://gcode.us/codes/laquinta/view.php?topic=l3-13_04-13_04_050&... (T La Quinta Municipal Code up Preyious Next Main Search print No Frames Title_13 5ti$��111;5?S ;toter 13 rt RAS1 13.04.050 Conformance with existing city plans and development criteria. A. All land divisions shall conform with the general plan of the city, with all applicable specific plans, with the requirements of the land use ordinance and other ordinances, with the requirements of this title except as hereinafter provided, and with the State Subdivision Map Act, all as may be revised from time to time. B. Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted only when it is determined that there are special circumstances applicable to the property, such as, but not limited to, size, shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety, welfare, or other property in the vicinity. C. Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be filed with the tentative map. (Ord. 272 § 1, 1995) View the mobile version. I of 1 3/22/2016 12:49 PM City ®f La Quinta 78-495 Calie Tampico La Quinta, California 92253 PHONE:760.777.7125 FAX:760.777.1233 Office Use Only Case Number Accepted Assigned 30-Day By To -Deadline Y Zo I oUv � ��� I N b I Z- I D- t o N®tese TPM201-5-0009 —I MINOR ADJUSTMENT APPLICATION RECEIVED JAN 12 2016 CITY ®F LA QUINTA COMMUNITY DEVELOPMENT 11111111rncl r.-,1allm I 7t 0 jj j,n�V Sections A, Q arici C are to be completed by the ap2licant in Their entirety and shall be accompanied by ell &ted pla s. studies. lame d exhibits lisped In Section Q unless is lI wain b th a i s emb ran noted thereon, SECTION A - PROJECT INFORMATION Project Name: Requested Adjustment: APN #(s): Site Address/ Location General Plan: Specific Plan ,5' 7.3z s.m 770-- I45--yo/ Proposed Phases: , V 41een., Ld ? rr Nei Minor Adjustment Application City of La Quinta Planning Department - 760.777.7125 R; Application Submittal Forms\ApplicationsWAMA Application - 05.20.13.dcc Zoning: Proposed Use: Related Cases: Page 1 of 7 05.20.13 N :DTI N E^ STATEMENT OF FINDINGS The purpose of this form is to provide a detailed statement addressing the required findings that must be made in order for a minor adjustment to be granted. Please use a separate sheet if needed. Surrounding Uses. Why will approval of the adjustment not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity? -- r SECTION C - APPLICANT/OWNER INFORMATION Applicant: (Name) (Phone) (Mailing Address) 92Z.v 3 (eiail) Owner(s): (Name) Architect: (Phone) �� .Y�e,% ��s.r.�.�--,-.�.—.i��.u:�....- f.�:ti � �3--cx.�a 1 ��s.:, rr •G«, (Mailing Address) (Email) (Name) Ad (Mailing Address) (California State License #) Applicant Certification tom'- (Phone (Email) 1 certify that 1 have read this application packet in its entirety and understand the City's submittal and review process and the requirements for this application. I further certify that each application item submitted as part of this application is consistent with the minimum required contents for that item as described in Section D of this application. I understand and agree That if during the processing of the application, it is determined the information does not strictly meet such standards or contains errors or omissions, clarification and/or supplemental information may be required and the preparation of such information may be considered, in the Planning Director's judgment, an unreasonable delay and will result in a syspensiorr of processing time limits in accordance with the California Code of Regulatid s, Title 14, Section 15109. Applicant's Signature: _- Print Name: Minor Adjustment Application City of La Quints - Planning Department - 760.777.7125 R Application Submittal Forms\ApplicationsWINNiA Application - 05.20.13.doc - - Date:__.`"` Page 2 of 7 05.20.13 Owner Certification I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and / am authorizing and hereby do consent to the filing of this application and acknowledge that the final approval by the City of La Quinta, if any, may resul in restrictions, limitations and construction obligations being imposed on this real prop y. Owner/Authorized Agent Signature*: �= -' Date: Print Name(s): L I,11,- V V- ``yii *An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Any off -site work identified on the plans must be accompanied by a statement of authorization with a notarized signature of the subject property owner. SECTION D - APPLiCATION SUBMITTAL REQUIREMENTS Additional information may be required based on review of the project description. Submittal waivers may be obtained through staff consultation, a pre -submittal meeting, or a preliminary review application. No 61212lications will be accepted by -mall. APPLICATION SUBMITTAL REQUIREMENTS - INITIAL O BE COMPLETED BY CITY STAFF Each of the following items is required for submittal # of E- 90 a .waiver is granted by City Staff. Any waiver copies must be confirmed by initialing of this form by the # of In PDF Waiver E m >_ person granting the waiver prior to submittal. Please see paper format OK'd by � Section D for the description and completion copies Ion CD- (initials) requirements of each Item. ROM) FS = Full Size Y R = Reduced to 1 "x 17" FILING FEES Filing Fees Receipt 1 NA APPLICATION INFORMATION 0 0 Application w/Statement of Findings 1 1 _ NA 0 Site Photographs 1 1 PLAN SET 0 0 Index Sheet 5FS/1 OR 1 NA 0 0 Site Plan 5FS/1OR 1 NA 0 0 Floor Plan 5FS/1 OR 1 PRIMARY REPORTS/STUDIES/EXHIBITS 0 0 Preliminary Title Report 1 1 Minor Adjustment Application Page 3 of 7 City of La Quinta - Planning Department v 760.777.7125 05.20.13 P:1Application Submittal Forms\ApplicationsWA1MA Application - 05.20.13.doc ).210.040,Minor adjustments. http://qcode.us/codes/laquinta/view.php?topic=9-9-210-9-210 T La Quinta Municipal Code 1Vp Pregious Next Main lea [p� .210 UE'vc�:1 R V1 W' F MST 9.210.040 Minor adjustments. Search Print No Frames A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards set forth in this code. B. Defmition. Minor adjustments are deviations in standards which have little or no potential for adverse impacts on the surrounding community and which are reviewed administratively. C. Applicability. A minor adjustment permit may be approved only for deviations of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten -foot setback requirement) or for deviations specifically identified in this code. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Only one setback adjustment per lot shall be allowed. Example —an adjustment of the front and rear yard shall not be approved. D. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the director pursuant to Section 9.200.020 unless combined with another application which requires discretionary review by the planning commission or city council pursuant to Section 9.200.030. E. Conditions of Approval. If a minor adjustment is approved, conditions maybe placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. F. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. The following findings shall be made by the decision -making authority�a�to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the general plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.120. I. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the minor adjustment permit as defined in Section 9.200.080. Time extensions may be granted pursuant to Section 9.200.080. J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100. K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) View the mobile version. I of 1 3/22/2016 1:18 PM of the second lot by 57.3 square feet. On February 17, 2016, the Design and Development Director approved Tentative Parcel Map 2015-0009 (TPM 36964) and MA 2016-0001 (Attachment 3). On February 29, 2016, Mr. George Bushala filed an appeal of the Director's approval with the City. BACKGROUND The property in question is located in an existing neighborhood that is mostly built out. The proposed subdivision will result in two lots, and ultimately will add two single- family homes to the neighborhood. PROPOSAL AND ANALYSIS The project site is currently 19,943 square feet. The subdivision would result in two lots of 10,000 and 9,943 square feet. The General Plan land use designation for the property is Low Density Residential. The Zoning designation for the property is Low Density Residential, 10,000 square foot minimum (RL/10,000). The site is surrounded by RL/10,000 lands. The existing parcel is a corner lot, which because of adjacent roadway improvements, is irregular in shape and has a "clipped" or rounded corner. The resulting parcel is 57.3 feet short of 20,000 square feet, which would result in two conforming lots. The City allows the reduction of development standards through the consideration of a Minor Adjustment. Under the requirements of the Zoning Ordinance, a reduction of up to 10% of any numerical development standard can be considered. In this case, the applicant is requesting a reduction of 57.3 square feet, which represents a reduction of 0.5% of the numerical development standard. Because of the irregular shape of the parcel, and the corner lot condition, staff is comfortable with the request, and believes that it is justified. The subdivision of the parcel into two lots will be consistent with the surrounding lots, and will not represent a perceptible difference when compared to adjacent lots. The findings for approval can be made, and are attached to this staff report. The site is located in an existing neighborhood, and all utilities and services are available in surrounding streets. APPEAL OF DESIGN AND DEVELOPMENT DIRECTOR'S DETERMINATION: Mr. Bushala has appealed the Director's approval of the proposed TPM and MA. The opposition letters document the appellant's grounds for appealing the Director's decision (Attachments 4 and 5). The grounds for the appeal by the appellant are ).90.060 Irregular lots. http://gcode. us/codes/laquinta/view.php?topic=9-9_90-9_90_060&fra... 0 La Quinta Municipal Code up Previous Next Main 01 le 9 ZONIN6 Chapter .90 11 NCl RE$IDENTTAL DEVELOPM'EiVT STANDARDS 9.90.060 Irregular lots. Search Print No Frames A. Purpose. The purpose of this section is to provide standards for the establishment and measurement of setbacks on irregular lots. B. Perimeter Setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback. C. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. D. Flag or Panhandle Lots. 1. Definition. For purposes of this section, "panhandle lot," "flag lot," "panhandle building site," and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than forty feet wide and more than twenty feet long. 2. Setbacks. All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. E. Determination by Director. Where a building site is situated such that any of the property lines are not readily detenninable, required setbacks shall be as determined by the director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. (Ord. 284 § 1, 1996) View the mobile uersiout, I of 1 3/21/2016 12:22 AM 9.280.039 Definition of terms- h ttp://qcode.us/codes/laquinta/view.php?topic=9-9 280-9 280 030&... code. Types of lots and their definitions are as follows: 1. "Corner lot" means a lot abutting two streets intersecting at an angle of not more than one hundred thirty-five degrees. If the angle of intersection is more than one hundred thirty-five degrees, the lot is an "interior lot." 2. "Flag or panhandle lot" means a lot connected to the street with a narrow access portion less than forty feet wide and more than twenty feet long and situated so that another lot is located between the main portion of the flag lot and the street. Lot Ttipes and Lot Lines 3. "Interior lot" means a lot abutting only one street or abutting two streets which intersect at an angle greater than one hundred thirty-five degrees. 4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. 5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot. 6. "Through lot" means a lot with frontage on two parallel or approximately parallel streets. "Lot area" means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. "Lot coverage" or "building site coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. "Lot frontage" means the length of the front lot line. "Lot line or property line" means any boundary of a lot. The classifications of lot lines and their definitions are as follows: 1. "Front lot line" means the following: a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); c. On a through lot, the lot line abutting the street providing primary access to the lot. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot 1Z of 17 3/20/2016 10:42 PM