ORD 537ORDINANCE NO.537
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 8 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, the City Council of the City of La Quinta, California did, on the 51h day
of April 2016, hold a duly noticed public hearing for review of a City -initiated request
of a Zoning Ordinance Amendment to modify Title 8 (Buildings and Construction) of
the La Quinta Municipal Code; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 8th day of March 8, 2016, hold a duly noticed Public Hearing for review of a Zoning
Ordinance Amendment to amend Title 8 of the La Quinta Municipal Code, as identified
by Title of this Ordinance; and
WHEREAS, subsequent to said Public Hearing, the Planning Commission of the
City of La Quinta did adopt Planning Commission Resolution 2016-005 to recommend
to the City Council adoption of said Zone Ordinance Amendment; and
WHEREAS, the Design -and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on March 25, 2016, as prescribed
by the Municipal Code; and
WHEREAS, Title 8 of the Municipal Code contains the chapters that address
landscaping improvements and grading; and
WHEREAS, a comprehensive review of Title 8 was undertaken to examine each
chapter for streamlining of the development review process; and
WHEREAS, amendments to several chapters of Title 8 are needed as a result of
the comprehensive review for the Development Code Tune Up; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons wanting to be heard, the City Council
did make the following mandatory findings to justify adoption of said Zoning
Ordinance Amendment:
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and policies of the
General Plan. The proposed amendments are supported by Program LU-3.3.a,
to provide incentives in the Zoning Ordinance for creative and high quality
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 2 of 8
development; Policy LU-5.2, Consider changes in market demand in residential
product type to meet the needs of current and future residents.
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The amendment
streamlines the development review process and does not incorporate any
changes that affect the :regulation and/or provision of public services, utility
systems, or other foreseeable health, safety and welfare considerations
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 8.13 WATER EFFICIENT LANDSCAPING shall be amended as
written in Exhibit A attached hereto.
SECTION 2. CHAPTER 8.80 GRADING shall be amended as written in Exhibit A
attached hereto.
SECTION 3. The proposed zone text amendment is exempt from environmental
review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions — General
Rule, in that it can be seen with certainty that there is no possibility for this action to
have a significant effect on the environment, and individual development plans will be
reviewed under CEQA as they are proposed.
SECTION 4. That the City Council does hereby approve Zoning Ordinance
Amendment 2016-0001, as set forth in attached Exhibit "A," for the reasons set forth
in this Ordinance.
SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 6. 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.
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 3 of 8
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 19th of April, 2016 by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cl k
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 4 of 8
EXHIBIT A
8.13.030 Provisions for new or rehabilitated landscapes.
A. Applicability.
1. Except as provided in subsection (A)(3) of this section, this section shall
apply to:
a. All new construction and rehabilitated landscaping for private, public,
commercial and governmental development projects; and
b. All new construction and rehabilitated landscaping in single-family
tracts and multifamily projects.
2. Projects subject to this section shall conform to the provisions in this
section.
This -section shall not apply to: -
Single -family residential landscaping projects on individual lots/parcels with a total
project landscape area less than five thousand square feet;
Homeowner -provided landscaping within individually -maintained patio areas,
courtyards, or private gardens at a condominium, townhome, or similar multifamily
project;
Turf-reduction/replacement landscaping projects, with no new or expansion of
existing landscaped area(s) involved;
Registered local, state, or federal historic sites;
Ecological restoration projects that do not require a permanent irrigation system;
Mined -land reclamation projects that do not require a permanent irrigation system;
Plant collections, as part of botanical gardens and arboretums open to the public.
B. Final Landscaping Plan Application Submittal Requirements.
1. Each final landscaping plan submittal shall include the following elements:
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 5 of 8
Water conservation concept statement;
Calculation of the maximum applied water allowance;
Calculation of the estimated applied water use;
Calculation of the estimated total water use;
Landscape design plan;
Irrigation design plan;
Grading design plan; and
Soil analysis.
2. The final landscaping plan application shall be submitted to the city in
accordance with the requirements and information as stipulated on the city
application form. No city approval shall, be issued until the city and the local
water purveyor have reviewed and accepted the landscape documentation
package. If applicable, the final landscape plan submittal shall substantially
conform to the project's preliminary landscape plan as approved for the
project.
3. A copy of the approved final landscaping plan submittal shall be provided to
the property owner or site manager along with the record drawings and any
other information normally forwarded to the property owner or site
manager.
C. Elements of Final Landscaping Plan Submittal.
Chapter 8.80 GRADING
8.80.010 Purpose and intent.
A. Generally. The purpose of this chapter is to safeguard life, limb, health, property
and public welfare by establishing minimum requirements for regulating
grading and procedures by which these requirements may be enforced.
B. Scope. No person shall make, alter or maintain any excavation or fill except as
provided by this chapter.
Exception: The provisions of this chapter shall not apply to the following:
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 6 of 8
Work accomplished under the auspices of land owned and controlled by the United
States of America or by the State of California. Work in a public right of way, drains
and drainage structures constructed by or under contract with the city or county flood
control district unless the structure forms a portion of the support for a building or a
structure coming within the jurisdiction of the building and safety department.
C. Permissive Provisions. The permissive provisions of this chapter do not waive,
and shall not be presumed to waive, any limitations imposed by other statutes
or ordinances of the state or city.
D. Limitations. If two or more pertinent limitations are not identical, those
limitations shall prevail which provide the greater safety to life, limb, health,
property, and public welfare.
8.80.050 Grading bonds.
A. Requirements. A permit will not be issued for excavation or fill of more than five
hundred cubic yards (three hundred eighty cubic meters) in hillside areas, more
than one thousand cubic yards (seven hundred sixty cubic meters) in other
areas, or for any work which requires retaining walls, until the permittee shall
post with the' city engineer a bond for the benefit of the city. The' bond shall be
executed by the owner and a corporate surety authorized to do business in this
state as surety in an amount sufficient to cover the cost of the project,
including corrective work necessary to remove and eliminate geological
hazards. All bonds shall be in a form acceptable to the city engineer.
Exception: The city engineer may waive the requirement that a bond be posted before
a permit is issued as provided in this section if the city engineer determines that no
potential hazard would exist if the grading is not completed.
B. Cash or Deposit Agreement in Lieu of Bond. In lieu of a surety bond the
applicant may file a deposit agreement or deposit cash with the city engineer
upon the same terms and conditions and in an amount equal to that which
would be required in the surety bond. The deposit submitted with the cash bond
may be in the form of cash or negotiable United States securities. The deposit
agreement shall be on forms approved by the city engineer.
C. Application of Bond to Adjacent Property. Where grading is required on property
adjacent to the grading site under permit to complete a project satisfactorily,
written consent must be obtained from the adjacent owner and a copy of the
written consent submitted to the city engineer prior to commencement of
grading on the adjacent property. The owner of such adjacent property need
not provide an additional grading bond, if the original is of sufficient amount to
include such additional grading.
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 7 of 8
D. Conditions of the Bond, Deposit Agreement, or Cash Deposit. Every bond,
deposit agreement or cash deposit shall be conditioned that the permittee
shall:
1. Comply with all of the provisions of this chapter and all other applicable
laws and ordinances.
2. Comply with all of the terms and conditions of the permit for excavation and
fill to the satisfaction of the city engineer.
E. Period and Termination of Bond, Deposit Agreement, or Cash Deposit.
1. The term of each security shall begin upon the date of filing with and shall
remain in effect until the completion of the work to the satisfaction of the
city engineer, plus an additional period of one year. Such completion shall
be evidenced by inspection and acceptance of the work by the city engineer
or his/her designee. In the event of failure to complete the work and failure
to comply with all of the conditions and terms of the permit, the city
engineer may order the work to be completed as required by the permit and
to the satisfaction of the city engineer's office. The surety executing such
bond or such deposit, shall continue to be firmly bound under a continuing
obligation for the payment of all necessary costs and expenses that may be
incurred or expended by the city in causing any and all of such required
work to be accomplished and that said surety or the depositor assents to
any lawful extensions of time within which to construct and complete such
work. In the case of a cash deposit or deposit agreement, any unused
portion shall be refunded to the permittee.
2. After the work has been completed to the satisfaction of the city engineer,
the city engineer may release or exonerate the bond, deposit agreement, or
cash deposit earlier than the additional one-year period if the city engineer
determines that the public health and welfare is not jeopardized. In no case
shall the security be released earlier than four months after the grading
work has been completed to the satisfaction of the city engineer.
F. Amount of Security. The amount of the security shall be determined by the
method outlined in Engineering Bulletin #04-09, as may be amended from time
to time, which shall be available on the City's official internet web site and upon
request to the city clerk's office.
Ordinance No. 537
Amendment to Title 8 Buildings and Construction
Adopted: April 19, 2016
Page 8 of 8
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. 537 which was
introduced at a regular meeting? on the 5th day of April, 2016, and was adopted at a
regular meeting held on the 19t day of April, 2016 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. 2014-013.
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SUSAN MAYSELS, City Cl
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on April?, W. 2016, pursuant to Council Resolution.
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SUSAN MAYSELS, City Cleiq
City of La Quinta, California