Loading...
2016 04 05 CCT.,,dT 414P City Council agendas and staff reports are now available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, APRIL 5, 2016 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED IN PROXIMITY TO CALLE TAMPICO AND AVENIDA LA FONDA, WEST OF THE LA QUINTA PUBLIC LIBRARY AND WELLNESS CENTER (APNS: 770-123-011, 770-123-012 AND 770-124- 010) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: CITY OF LA QUINTA AND MARVIN INVESTMENTS, INC. UNDER CONSIDERATION: PRICE AND TERMS OF PAYMENT 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNS 770-200-026; 776-150-021; 776-150-023; 770- 060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060- CITY COUNCIL AGENDA 1 APRIL 5, 2016 062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTY: SILVERROCK DEVELOPMENT COMPANY, LLC. UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF MARCH 15, 2016 2. ADOPT ORDINANCE NO. 534 ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA [ORDINANCE 5341 3. AUTHORIZE THE DISBANDMENT OF THE AD -HOC ADVISORY COMMITTEE 4. EXCUSE ABSENCE FOR COMMUNITY SERVICES COMMISSION MEMBER ENGEL 5. APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT WITH LA QUINTA FARMS, LLC. FOR PM10 STABILIZATION AT SILVERROCK RESORT CITY COUNCIL AGENDA 2 APRIL 5, 2016 PAGE 6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED FEBRUARY 29, 2016 7. AMEND THE PLANNING COMMISSION'S REGULAR MEETINGS START TIME TO 6:00 P.M. 8. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36855 WITHIN THE MADISON CLUB DEVELOPMENT ERESOLUTION 2016-0081 9. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36856 WITHIN THE MADISON CLUB DEVELOPMENT ERESOLUTION 2016-0091 10. AUTHORIZE OVERNIGHT TRAVEL FOR THE PUBLIC WORKS CONSTRUCTION MANAGER AND PUBLIC WORKS INSPECTOR TO ATTEND GEOGRAPHIC INFORMATION SYSTEMS SOFTWARE TRAINING ON APRIL 20-21, 2016, IN APPLE VALLEY, CALIFORNIA 11. ACCEPT LA QUINTA LIBRARY PARKING LOT IMPROVEMENTS AND LANDSCAPE AND IRRIGATION IMPROVEMENTS 12. APPROVE DEMAND REGISTERS DATED MARCH 11, 18, 22 AND 25, - 2016 13. APPROPRIATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ACCEPT THE CONSTRUCTION IMPROVEMENTS FOR THE MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT, AND RATIFY PURCHASE OF PLAYGROUND EQUIPMENT FROM DAVE BANG ASSOCIATES, INC. OF CALIFORNIA BUSINESS SESSION - NONE STUDY SESSION 1. DISCUSS THE DEVELOPMENT OF LA QUINTA XPARK 121 2. ECONOMIC DEVELOPMENT STRATEGIES 173 CITY COUNCIL AGENDA 3 APRIL 5, 2016 PUBLIC HEARINGS — 5:00 P.M. PAGE For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council 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. 1. INTRODUCE FOR FIRST READING ORDINANCES TO STREAMLINE THE DEVELOPMENT REVIEW PROCESS AMENDING SEVERAL CHAPTERS OF MUNICIPAL CODE TITLES 2, 7, 8, 9, AND 13 [ORDINANCE 535, 536, 537, 538, 5391 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4 COMMUNITY RESOURCES - 2016 GOLDENVOICE CONCERTS AT 433 EMPIRE POLO CLUB IN INDIO 5. DESIGN AND DEVELOPMENT - FAIRWAYS VILLAS' PARKWAY 435 LANDSCAPING MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 11. SUNLINE TRANSIT AGENCY (Franklin) 12. AD HOC COMMITTEE TO EVALUATE CITY CANNABIS OPTIONS (Franklin and Pena) 13. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 14. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne and Franklin) 15. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 16. EAST VALLEY COALITION (Osborne) 17. ANIMAL CAMPUS COMMISSION (Pena) 18. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Pena) CITY COUNCIL AGENDA 4 APRIL 5, 2016 19. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 21. CVAG TRANSPORTATION COMMITTEE (Radi) 22. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Franklin and Radi) 23. COMMUNITY SERVICES COMMISSION MINUTES DATED FEBRUARY 8, 2016 24. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION - ADJOURNMENT The next regular meeting of the City Council will be held on April 19, 2016 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on April 1, 2016. DATED: April 1, 2016 SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7103, 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 City Council, arrangements should be made in advance by contacting the City Clerk's office at 777- 7103. A one (1) week notice is required. • If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 5 APRIL 5, 2016 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, MARCH 15, 2016 A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None CONFIRMATION OF AGENDA Councilmember Franklin requested that Consent Calendar Item No. 8 be moved to Business Session No. 4 for discussion and separate vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNS 770-200-026; 776-150-021; 776-150-023; 770- 060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060- 062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTY: SILVERROCK DEVELOPMENT COMPANY, LLC. UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR ACQUISITION AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1). ALVERIZ ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1503161; BARTON ET AL. V. CITY OF LA QUINTA ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1505200 COUNCIL RECESSED THE OPEN SESSION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:01 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES 1 MARCH 15, 2016 7 REPORT ON ACTIONS) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in closed session that require reporting pursuant to Government Code section 54957.1 (Brown Act). Councilmember Pena led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKERS: The following people spoke proposed for Washington Street and Avenue 50: 1. Diane Barrett, La Quinta 2. Kate Sorenson, La Quinta 3. Dennis Lubas, La Quinta 4. Debi Brewer, La Quinta 5. Michael Elliott, La Quinta 6. Scott Doyle, La Quinta 7. Lisa Blodgett, La Quinta 8. Michael Harrington, address not provided against the commercial project PUBLIC SPEAKER: Kate Sorenson, La Quinta - Ms. Sorenson spoke in favor of establishing La Quinta as an art community by attracting art -related businesses and activities to the City. PUBLIC SPEAKER: Michael Harrington, no address - Mr. Harrington addressed crime in the east Coachella Valley and concern about the Chandi Group. PUBLIC SPEAKER: Susie Harvey, Board Member, Family YMCA of the Desert - Ms. Harvey thanked the City Council for their continued support and provided information on the varied services the organization provides throughout the City. PUBLIC SPEAKERS: Sylvia Corsini, La Quinta - Ms. Corsini, the property manager at Fairway Villas, stated the City issued a Notice of Violation resulting from the homeowners' association's (HOA) removal of oleander plants. She requested financial assistance from the City to cover the cost to design and replant the area with desertscape plants after which the HOA would maintain it. I_1�I�L�1�P►[l�ul�����ad*14,kir_ 11SUhV_1IN11RIV RIa1i[o1_A1[91&i 1. PROCLAMATIONS RECOGNIZING ADVISORY COMMITTEE MEMBERS Mayor Evans and Councilmembers Franklin, Osborne, Pena and Radi presented proclamations to nine Advisory Committee Members in attendance in recognition and appreciation of the time, talents and resources they voluntarily contributed to the benefit of the La Quinta community. CITY COUNCIL MINUTES 2 MARCH 15, 2016 2. Councilmember Osborne announced that Mayor Evans was recognized as Woman -of -the -Year for the 42nd Assembly District with a ceremony March 14, 2016 in Sacramento. CONSENT CALENDAR 1. APPROVE MINUTES OF MARCH 1, 2016 2. APPROVE SPECIAL MEETING MINUTES OF FEBRUARY 24, 2016 3. ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152; AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION 2016-0061 4. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND ADVERTISE THE EISENHOWER DRIVE SOIL STABILIZATION IMPROVEMENT PROJECT FOR BID 5. AWARD CONTRACT TO THREE PEAKS CORP FOR CONSTRUCTION OF LA QUINTA PARK RESTROOM PROJECT 6. ADOPT RESOLUTION URGING THE GOVERNOR, LEGISLATURE, AND JUDICIAL COUNCIL TO WORK TOGETHER TO REALLOCATE JUDICIAL RESOURCES TO ENSURE EQUAL ACCESS TO JUSTICE FOR ALL CALIFORNIANS [RESOLUTION 2016- 0071 7. APPROVE DEMAND REGISTERS DATED FEBRUARY 26, MARCH 3 AND 4, 2016 8. pulled by Councilmember Franklin and moved to Business Session No.4 for discussion and separate vote >>> APPROVE A MITIGATION IMPLEMENTATION AGREEMENT WITH THE BUREAU OF RECLAMATION AND CORAL CANYON, LLC. FOR THE CORAL CANYON PROJECT AND RELATED PUBLIC ROADWAY AND MULTI -PURPOSE TRAIL PUBLIC SPEAKER: Michael Harrington, attorney, no address - Regarding Consent Calendar item No. 6, Mr. Harrington said that more judges will not solve the problem of the backlog in family and juvenile courts, instead, community courts need to be established. MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to approve the Consent Calendar Item Nos. 1 through 7 as recommended, with Item Nos. 3 and 6 adopting Resolutions No. 2016-006 and 2016-007 respectively. Motion passed unanimously. CITY COUNCIL MINUTES 3 MARCH 15, 2016 9 BUSINESS SESSION 1. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA [ORDINANCE No. 5341 Code Compliance Supervisor Moreno and Public Safety Manager Mendez presented the staff report, which is on file in the City Clerk's Office. PUBLIC SPEAKERS: The following people spoke in favor of the Ordinance: 1. Lisa Blodgett, La Quinta 2. Tiffani La Boe, La Quinta 3. Deborah Hardy -Godley, La Quinta MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to take up Ordinance No. 534 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the title of Ordinance No. 534 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to introduce Ordinance No. 534 on first reading. Motion passed unanimously. 2. UPDATE ON SILVERROCK RESORT DEVELOPMENT AND APPROVAL OF THE MASTER SITE DESIGN City Consulting Economist McMillen presented the staff report, which is on file in the City Clerk's Office. Robert Green, Silverrock Development Company presented details of the site plan. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to approve the master site design as recommended by the SilverRock Development Company for development of the Silverrock property. Motion passed unanimously. 3. APPROVE LEGISLATIVE POLICY GUIDE Management Assistant Villalpando presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 4 MARCH 15, 2016 10 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to approve the Legislative Policy Guide as amended to add references to the Salton Sea. Motion passed unanimously. 4. APPROVE A MITIGATION IMPLEMENTATION AGREEMENT WITH THE BUREAU OF RECLAMATION AND CORAL CANYON, LLC. [moved from Consent Calendar Item No. 8] Design and Development Director Jonasson presented the staff report, which is on file in the City Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to approve the Mitigation Implementation Agreement with the U.S. Bureau of Reclamation (BOR) and Coral Canyon, LLC with the following added to, and accepted as part of the motion: Council understands that the developer has agreed to BOR terms and Council does not wish to stall development but for the record, Council does not support the BOR's requirement for the developer/HOA to install sheep fencing if Big Horn Sheep are sited on the property because fencing is a great expense, and this portion of the Sheep's route to Valley land is ineffective. Furthermore, the Council does not approve of the one-sidedness of the Agreement in the BOR's favor or the burden of enforcement placed on the City. Motion passed unanimously as amended. MAYOR EVANS CALLED A FIVE MINUTE RECESS MAYOR EVANS RECONVENED THE MEETING WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS TITLES 8 AND 9 OF MUNICIPAL CODE DEVELOPMENT REVIEW PROCESS Planning Manager Perez presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the proposed changes and advised staff to bring proposed Municipal Code Title changes to Council as action items. PUBLIC HEARINGS - None DEPARTMENT REPORTS All reports are on file in the City Clerk's Office. CITY COUNCIL MINUTES 5 MARCH 15, 2016 11 MAYOR'S AND COUNCIL MEMBER'S ITEMS Mayor Evans and Members of the City Council gave verbal reports on recent events and items of interest. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2016, Mayor Evans reported on her participation in the following organizations' meeting: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta's representative for 2016, Councilmember Osborne reported on his participation in the following organization's meeting: • EAST VALLEY COALITION La Quinta's representative for 2016, Councilmember Pena reported on his participation in the following organizations' meeting: • CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE • CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE La Quinta's representative for 2016, Councilmember Radi reported on his participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Osborne to adjourn at 7:01 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California NOTE: Due to equipment malfunction, this meeting was not recorded and City Clerk notes taken during the meeting were minimal due to other demands. CITY COUNCIL MINUTES 6 MARCH 15, 2016 12 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE- ADOPT ORDINANCE NO. 534 ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA RECOMMENDATION Adopt Ordinance No. 534 on second reading. EXECUTIVE SUMMARY • On March 15, 2016, the Council introduced Ordinance No. 534, which adds Chapter 5.82 to the Municipal Code and prohibits certain dog and cat retail sales in the City. Pet stores would not be allowed to sell dogs and cats, but could offer adoptions of shelter, humane society, or non-profit rescue organizations' animals. • Bylaw, a second reading of an ordinance must occur, followed by a vote to adopt and a 30-day posting period before an ordinance may take effect. If adopted on April 5, 2016, this ordinance will take effect on May 5, 2016. FISCAL IMPACT - None. BACKGROUND/ANALYSIS In an effort to decrease the number of unwanted dogs and cats and increase the adoption rates, residents have requested that all Coachella Valley Cities adopt ordinances prohibiting the retail sale of dogs and cats. Ordinance No. 534 will: • Ban retail sales of dogs or cats in pet stores, • Allow stores to offer dogs and cats for adoption, • Ensure animals are obtained from city or county shelters, the humane society, or a non-profit rescue organization, and • Require source certificates that identify the adopted animal's origin. The intent is to discourage substandard breeding practices and promote animal welfare. ALTERNATIVES: As Council approved this ordinance at first reading, an alternative is not recommended. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk 13 14 ORDINANCE NO.534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 5.82 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CERTAIN RETAIL SALES OF DOGS AND CATS IN THE CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta recently adopted amendments to the animal code provisions of the City's municipal code to provide a greater level of safety to the community after receiving feedback from residents at community outreach meetings; WHEREAS, the amended animal code currently bans the backyard breeding (as defined) of dogs; WHEREAS, the City Council finds that the backyard breeding and subsequent sales of dogs and cats from such breeders contributes to the proliferation of homeless or unwanted animals that end up in public animal shelters and humane societies; WHEREAS, existing state and federal laws, including the Lockyer-Polanco-Farr Pet Protection Act (California Health and Safety Code section 122125, et seq.), the Polanco-Lockyer Pet Breeder Warranty Act (California Health and Safety Code section 122045, et seq.), the Pet Store Animal Care Act (California Health and Safety Code section 122350, et seq.), and the Animal Welfare Act (7 U.S.C. § 2131, et seq.), illustrate society's trend towards promoting the humane treatment of animals by regulating dog and cat breeders, as well as pet shops and stores; WHEREAS, the need exists to regulate pet shops, retail businesses, and other commercial establishments that sell dogs and cats from backyard breeding practices or from other substandard breeding practices, such as inhumane, commercial breeding facilities where the health of dogs or cats is disregarded in order to maintain a low overhead and maximize profits; WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at these substandard breeding facilities, known as "puppy mills" or "kitten factories," which mass-produce animals for sale to the public, and many of these animals are sold at retail pet stores; WHEREAS, due to the lack of proper animal husbandry practices at these facilities, animals born and raised at these "puppy mills" or "kitten factories" are more likely to have genetic disorders and lack adequate socialization, and animals bred at such facilities are often subject to inhumane housing conditions and indiscriminately disposed of when they reach the end of their profitable breeding cycle; 15 Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 2 of 8 WHEREAS, according to the Humane Society of the United States, American consumers purchase dogs and cats from pet stores that the consumers believe to be healthy and genetically sound, but in reality the animals often face an array of health problems, including communicable diseases or genetic disorders that become apparent immediately after sale or may not become apparent until several years later, which may lead to costly veterinary bills and distress to consumers; WHEREAS, prohibiting the unregulated sale of dogs and cats in pet shops, retail businesses, or other commercial establishments may lower the sale of dogs and cats from inhumane backyard breeding practices or substandard breeding facilities like "puppy mills" or "kitten factories," may lower the shelter animal euthanasia rate, and may lead to a greater adoption rate of shelter animals; WHEREAS, the homeless pet problem notwithstanding, the City Council recognizes there are many reputable dog and cat breeders who refuse to sell through pet stores, who refuse to engage in backyard breeding, and who work carefully to screen families and ensure good, lifelong homes for dogs and cats; WHEREAS, there has been significant community activity within the City of La Quinta and across the Coachella Valley to convince local pet store operators to convert from unregulated puppy sales to humane business models for offering adoptable homeless dogs and cats to their customers; WHEREAS, across the country, thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats, and many of these stores collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; WHEREAS, the City Council recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a "puppy mill" or "kitten factory," but the City Council also recognizes that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores; WHEREAS, the City Council seeks to prohibit the retail sale of dogs and cats in pet stores, retail businesses, and commercial establishments unless the animals are obtained from a reputable breeder who has not engaged in backyard breeding or from a city or county animal shelter or animal control agency, humane society, or non- profit rescue organization so as to prevent to the maximum extent possible any incentive for backyard breeding, puppy mills, and kitten factories; WHEREAS, the City Council believes that eliminating the retail sale of dogs and cats in pet stores in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; i[ Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 3 of 8 WHEREAS, the City Council of the City of La Quinta believes that elimination of the retail sale of dogs and cats in pet stores in the City will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals; and WHEREAS, the City Council of the City of La Quinta finds that, in addition to state and federal laws, the City of La Quinta has a local responsibility to promote animal welfare. The City Council believes that a community that promotes animal welfare will be a healthier community. NOW THEREFORE, the City Council of the City of La Quinta does hereby ordain as follows: The above recitals are true and correct and incorporated herein. This Ordinance shall be known and may be cited as the "La Quinta Prohibition of the Retail Sale of Dogs and Cats Ordinance." Chapter 5.82 shall be added to the La Quinta Municipal Code as written in Exhibit A attached hereto. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. This Ordinance shall be in full force and effect thirty (30) days after its adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, 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 5th day of April, 2016 by the following vote: AYES: NOES: ABSENT: 17 Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 4 of 8 ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) I_1».1TSIN 417_�12 111l MO R8; WILLIAM H. IHRKE, City Attorney City of La Quinta, California iE: Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 5 of 8 EXHIBIT A CHAPTER 5.82 Prohibition of certain retail sales of dogs and cats. 5.82.010 Purpose and intent. The purpose and intent of this chapter is to promote animal welfare and encourage best practices in the breeding and purchasing of dogs and cats offered for retail sale in the City of La Quinta. 5.82.020 Definitions. The following definitions shall govern the meaning of words and phrases used in this chapter, unless it is plainly evident from the context that a different meaning is intended: "Animal shelter" means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered animals, and which does not breed animals. "Backyard breeding" has the same meaning in Section 10.04.160 of the La Quinta Municipal Code, as may be amended from time to time. "Cat" means an animal of the Felidae family of the order Carnivora. "Certificate of source" means a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat. "Dog" means any member of the canine family. "Pet store" means a retail or commercial establishment open to the public and engaging in the business of, or having as a component of a business, the offering for sale and/or selling animals at retail. "Pet store operator" means a person who or entity (whether for -profit or nonprofit, corporation, limited liability company, unincorporated association or any other type of organization) that owns and/or operates a pet store. "Retail sale" includes display, offer for sale, sell, deliver, offer for adoption, barter, auction, give away, or otherwise transfer any cat or dog. 19 Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 6 of 8 5.82.030 Prohibition of the retail sale of dogs and cats. A. No pet store operator shall offer for retail sale any live dog or cat in any pet store located in the City of La Quinta, unless the dog or cat was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. In no event shall any pet store operator offer for retail sale any live dog or cat in any pet store from a source that has engaged in backyard breeding as prohibited pursuant to Section 10.24.140 of the La Quinta Municipal Code, as may be amended from time to time. All pet stores selling dogs or cats shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement personnel, code enforcement officials, or any other City employee charged with enforcing the provisions of this chapter. It shall be the responsibility of the pet store operator to ensure compliance with this provision. 5.82.040 Exemptions. This chapter does not apply to: A. A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment, provided that the person or establishment has not engaged in prohibited backyard breeding pursuant to Section 10.24.140; An animal shelter, as defined in this chapter; A private, charitable, nonprofit humane society or animal rescue organization; or A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. 5.82.050 Adoption of shelter and rescue animals. Nothing in this chapter shall prevent a pet store operator or pet store located in the City of La Quinta from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of public adoption. 20 Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 7 of 8 5.82.060 Public Nuisance. Any violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the city pursuant to Section 731 of the California Code of Civil Procedure or any other remedy available at law. 5.82.070 Civil Penalties. In addition to any other enforcement permitted by the La Quinta Municipal Code, the city attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party. 21 Ordinance No. 534 Add Chapter 5.82 to Prohibit Certain Retail Sales of Dogs and Cats Adopted: Page 8 of 8 STATE OF CALIFORNIA COUNTY OF RIVERSIDE 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. 534 which was introduced at a regular meeting on the 15th day of March, 2016, and was adopted at a regular meeting held on the 5th 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 City Council Resolution No. 2014-013. 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 , 2016 pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California City of La Quinta CONSENT CALENDAR ITEM NO. 3 CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: AUTHORIZE THE DISBANDMENT OF THE CITIZEN AD -HOC ADVISORY COMMITTEE RECOMMENDATION Authorize the disbandment of the Citizen Ad -hoc Advisory Committee. EXECUTIVE SUMMARY • On June 16, 2016, the City Council established an Ad -hoc Advisory Committee (Committee) to review the City's finances and provide recommendations. • The Committee presented their findings and recommendations to the City Council on February 16, 2016, completing their mission. FISCAL IMPACT - None. BACKGROUND/ANALYSIS On June 16, 2015, the Council appointed 14 citizens to serve on the Committee, which began holding public open meetings in July 2015; their mission, to evaluate the City's long-term fiscal health and offer recommendations. The Committee presented its findings to the Council, and to the City's Boards and Commissions in January and February 2016, respectively. At the March 15, 2016 Council meeting, Committee members received proclamations as a token of appreciation. Unless the Council provides further direction for the Committee, staff recommends disbanding the Committee. ALTERNATIVES, As the Advisory committee has completed the mission directed by Council, staff does not recommend an alternative. Prepared by: Ted Shove, Business Analyst Approved by: Frank J. Spevacek, City Manager 23 24 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCE FOR COMMUNITY SERVICES COMMISSIONER ENGEL RECOMMEDATION Approve request from Commissioner Engel to be excused from the April 11, 2016 Community Services Commission Meeting. EXECUTIVE SUMMARY Commissioner Engel requested to be excused from the April 11, 2016 Community Services meeting due to a personal matter. She has had no other absences during this fiscal year. FISCAL IMPACT No meeting attendance compensation is paid to absent members. BACKGROUND/ANALYSIS The Municipal Code states: "If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences." ALTERNATIVES Council may deny the request, which would result in the absence being counted toward the commissioner's limitation on absences as noted above. Prepared by: Teresa Thompson, Deputy City Clerk Approved by: Susan Maysels, City Clerk W W CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT WITH LA QUINTA FARMS, LLC. FOR PM10 STABILIZATION AT SILVERROCK RESORT RECOMMENDATION Approve Amendment No. 2 to the Contract Services and Revocable License Agreement with La Quinta Farms, LLC. to extend the term for one year. EXECUTIVE SUMMARY The City and La Quinta Farms, LLC. (Contractor) entered into a three year Contract Services and Revocable License Agreement (Agreement) in 2012 for PM10 services at SilverRock Resort (SRR). The Agreement allows the City and Contractor to extend the term for two additional one-year terms upon mutual agreement. The first additional one-year term extended the agreement through June 30, 2016. A second and final additional term (Attachment 2) will extend the Agreement through June 30, 2017. FISCAL IMPACT The annual cost is $285,000 and is included in the Public Works operating budget for PM10 services at SRR. BACKUKUUND/ANALYSIS Approximately 290 acres of the SRR property remain undeveloped. Since 2004, PM10 measures have been in place for dust control and Air Quality Management District (AQMD) compliance. In 2005 staff consulted AQMD to determine the best options to stabilize the undeveloped property, which included water truck service, chemical stabilization, vegetative stabilization (at AQMD's suggestion), and contracting the property for agricultural use. The City entered into an Agreement with the Contractor, which included farming, on July 1, 2012. The Contractor intended to grow and sell fruits and vegetables on the corner of Jefferson Street and Avenue 52. However, this section of the Agreement was discontinued after the first year due to residents' complaints about dust at the neighboring Codorniz development, at which time the area was treated for long term PM10 stabilization. 27 The current Agreement includes: Plant and grow 45 acres of rye grass for tournament parking each year. Install above -ground irrigation as needed throughout the property. Plant 80 acre sections of Sudan grass each year. Remove tumble weeds and debris. Daily water truck operation. Remove aquatic and riparian weeds from the storm channel retention area. AL1 LKNA f YVE Another farmer has expressed interest in a multi -year agreement to utilize the undeveloped property for a hay farm operation. City Council may direct staff to develop new specifications and solicit bids. Staff is not recommending this option at this time due to the pending development at SRR. Once the development schedule is set, staff will recommend PM 10 options for Council consideration; these may include soliciting bids for PM 10 soil stabilization services or assigning this responsibility to the SRR developer. Prepared by: Steve Howlett, Facilities Director Approved by: Frank Spevacek, City Manager Attachment: 1. Amendment No. 2 N ATTACHMENT 1 AMENDMENT NO.2 TO CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT WITH LA QUINTA FARMS,, LLC FOR PM10 SERVICES AT SILVERROCK RESORT THIS AMENDMENT NO. 2 TO THE CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT WITH LA QUINTA FARMS 'FOR PM10 SERVICES AT .SILVERROCK RESORT ("Amendment No. I") is mode and entered into as of the 1;t day of July, 2016 ("Effective Date"), by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and LA QUINTA FARMS, LLC ('Contractor"). RECITALS A. On or about July 1, 2012 the City and Contractor entered into a Contract Services and Revocable License Agreement for PM10 services at SilverRock Resort. The term of this original agreement expires June 31, 2015F. B. Pursuant to Article 3, 3..4 Term of the original Agreement, the City and Contractor may extend the term of the agreement for two (2) additional one-year terms. upon mutual agreement by both parties. The first one-year extension was entered on July 1, 2015. C. -Contractor and City now ;wish to again amend the original Agreement for the second and final (1.) one-year extension, July 1, .201.E through June 31,:2017. .AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable. consideration*_ the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:„ n- As provided in Article 3, 3.4 Term ofthe existing Contract Services and Revocable _ License Agreement, the City- of La Quinta and La Quinta Fdrms, LLC have agreed to extend th.e term of the agreement for the final (1) one-year extension, commencing m July 1, 2016 through June 31, 2017. ;,i I In all other respects, the original agreementshall remain in effect. .01 ce IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 2 to the Agreement on thee respective; dates set forth below. CITY CITY OF LA, QUTNTA a California municipal corporation Frank J. Spevocek, City Manager Dated :ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM -.- William Irke, City Attorney CONTRACTOR: LXQUINTA FARMS, LLC /if /� - Dot i GQ Title 30 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 29, 2016 RECOMMENDATION Receive and file revenue and expenditure report dated February 29, 2016. EXECUTIVE SUMMARY Revenue and expenditure reports are submitted monthly for City Council review. The reports summarize the City's year-to-date (YTD) revenues and expenditures for February 29, 2016 (Attachment 1). FISCAL IMPACT - None. BACKGROUND/ANALYSIS REVENUES: Below is a summary of the column headers used on the Revenue Summary Report All Funds: Original Total Budget- represents the revenue budget the Council adopted in June 2015 for Fiscal Year (FY) 2015/16. Current Total Budget - includes original adopted revenue budget, plus carryovers, from the prior FY and Council -approved budget amendments. The bulk of the carryovers are related to Capital Improvement Project (CIP) matters. Each year total CIP projects are budgeted; however, project length may span over multiple years. Therefore, unfinished projects from the prior year are carried over (along with associated revenue reimbursements). Period Activity - represents actual revenues received in the reporting month. FiscalActivity- presents actual revenues collected YTD. For example, the February report shows revenues collected in February in the Period Activity column, but revenues collected from the beginning of the FY through the end of the reporting month for 2015/16 are presented in the Fiscal Activity column. Variance Favorable/ (Unfavorable) - represents the difference between YTD collections and the budgeted amount. Percent Used - represents the percentage of budgeted revenues collected YTD. 31 The revenue report includes revenues and transfers into funds from other funds (income items). Unlike expenditures, revenues are not received uniformly throughout the year, which results in peaks and valleys depending upon large payments that are received throughout the year. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. February Revenues Just over $4.1 million in General Fund revenue was collected in February bringing the total YTD collections to 47.16 percent ($18 million). Total collections for all funds were $5.3 million, bringing total collections to 41.11 percent ($38.3 million). The bulk of General Fund payments consisted of: $1.8 million in Motor Vehicle in Lieu $604,100 in sales tax $702,910 in Transient Occupancy Taxes (TOT) The larger non -General Fund payment received in February consisted of: $642,171 in SilverRock revenues $63,232 in Gas Tax $69,160 in Measure A funds EXPENDITURES: Below is a summary of the column headers used on the Expenditure Summary Report All Funds: Original Total Budget - represents the expenditure budget adopted by Council in June 2015 for FY 2015/16. Current Total Budget - includes the original adopted expenditure budget plus any carryovers from the prior FY, and any Council approved budget amendments. The bulk of the carryovers are related to CIP matters. Each year total CIP projects are budgeted; however, project length can span over multiple years. Therefore, unfinished projects from the prior year are carried over (along with associated revenue reimbursements). Period Activity- represents actual expenditures made in the reporting month. FiscalActivity-presents actual expenditures made YTD. For example, the February report shows expenditures made in the Period Activity column (February), but expenditures made during the fiscal year from July through the end of the reporting period are presented in the Fiscal Activity column. Variance Favorable/ (Unfavorable) - represents the difference between YTD expenditures and the budgeted amount (the amount yet to be expended). Percent Used - represents the percentage of budget spent to date. The expenditure report includes expenditures and transfers out to other funds. Unlike 32 revenues, expenditures are fairly consistent month to month. However, large debt service payments or CIP expenditures can cause swings. February Expenditures General Fund expenditures in February total $1.2 million bringing the total YTD expenditures to 37.68 percent. Of the $1.2 million, $620,177 is related to monthly personnel costs (salaries, benefits, etc.). In addition to personnel costs, the other larger General Fund expenditures in February were: $57,150 for landscape maintenance services $52,342 for earthquake/flood insurance premiums $23,669 related to dust control at SilverRock Total expenditures for all funds in December were $2.2 million. The larger non -General Fund expenditures were: $321,531 for SilverRock contract golf management costs $44,769 for contract project management -various CIP projects $76,532 for Park ADA improvements Summary All funds are generally on target or under budget with regard to expenditures. Revenue collections appear low due to timing issues discussed in the revenue section above. The timing imbalance of revenues receipts versus expenditures is funded from the City's cash flow reserve. Prepared by: Rita Conrad, Finance Director Approved by: Frank J. Spevacek, City Manager Attachments: 1. Revenue and Expenditure Reports for February 2016 33 34 ATTACH M ENT 1 City of La Quinta February 2016 Revenue and Expenditure Reports 35 M. REVENUE SUMMARY REPORT ALL FUNDS City of La Quinta, CA February 2016 For Fiscal: 2015-2016 Period Ending: 02/29/2016 L= Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101- GENERAL FUND 38611700.00 38,421,300.00 4,121,284.96 18,119,750.48 -20,301,549.52 47.16 % 201- GAS TAX FUND 1438700.00 1,438,700.00 63,232.49 509,204.07 -929,495.93 35.39 % 202 - LIBRARY FUND 2206000.00 2,206,000.00 0.00 277,982.64 -1,928,017.36 12.60 % 210- FEDERAL ASSISTANCE FUND 145000.00 145,000.00 0.00 0.00 -145,000.00 0.00 % 212 - SLESF (COPS) FUND 100100.00 100,100.00 8,333.33 81,651.06 -18,448.94 81.57 % 213 - JAG FUND 12000.00 12,000.00 0.00 5,000.00 -7,000.00 41.67 % 215 - LIGHTING & LANDSCAPING FU 1452800.00 1,452,800.00 0.00 509,461.58 -943,338.42 35.07 % 218 - CV VIOLENT CRIME TASK FOR 0.00 23,086.00 0.00 18,022.35 -5,063.65 78.07 % 219 - ASSET FORFEITURE 0.00 0.00 0.00 24.41 24.41 0.00 % 220-QUIMBYFUND 87000.00 87,000.00 0.00 30,835.19 -56,164.81 35.44% 221- AB 939 2500.00 2,500.00 0.00 1,964.79 -535.21 78.59 % 223 - MEASURE A 749500.00 749,500.00 69,159.56 429,940.66 -319,559.34 57.36 % 224 - TUMF 0.00 0.00 0.00 141.45 141.45 0.00 % 225 - INFRASTRUCTURE FUND 0.00 0.00 0.00 62.33 62.33 0.00 % 231- SUCCESSOR AGCY PA 1 RORF 0.00 0.00 29.23 7,475,703.91 7,475,703.91 0.00 % 235 - SO COAST AIR QUALITY FUND 45300.00 45,300.00 0.00 25,486.69 -19,813.31 56.26 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0.00 0.00 0.00 221,122.00 221,122.00 0.00 % 241- HOUSING AUTHORITY PA1 245900.00 245,900.00 23,916.83 215,898.49 -30,001.51 87.80 % 242 - HOUSING AUTHORITY PA2 620300.00 620,300.00 52,214.44 422,158.94 -198,141.06 68.06 % 249 - SA 2011 LOW/MOD BOND FUND 0.00 0.00 130.74 1,033.26 1,033.26 0.00 % 250-TRANSPORTATION DIF FUND 657700.00 657,700.00 31,262.00 375,798.16 -281,901.84 57.14% 251- PARKS & REC DIF FUND 350000.00 350,000.00 22,528.00 167,936.00 -182,064.00 47.98 % 252 - CIVIC CENTER DIF FUND 200000.00 200,000.00 10,216.00 85,638.05 -114,361.95 42.82 % 253 - LIBRARY DEVELOPMENT DIF 65000.00 65,000.00 3,784.00 28,208.00 -36,792.00 43.40 % 254 - COMMUNITY CENTER DIF 39700.00 39,700.00 1,419.00 10,833.69 -28,866.31 27.29 % 255 - STREET FACILITY DIF FUND 35000.00 35,000.00 1,276.00 17,476.88 -17,523.12 49.93 % 256 - PARK FACILITY DIF FUND 7000.00 7,000.00 440.00 3,280.78 -3,719.22 46.87 % 257 - FIRE PROTECTION DIF 80000.00 80,000.00 4,696.00 39,377.36 -40,622.64 49.22 % 270 - ART IN PUBLIC PLACES FUND 98500.00 98,500.00 3,772.60 32,908.48 -65,591.52 33.41 % 275 - LQ PUBLIC SAFETY OFFICER 2100.00 2,100.00 0.00 91.04 -2,008.96 4.34 % 299 - INTEREST ALLOCATION FUND 0.00 0.00 24,674.52 58,007.87 58,007.87 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 671000.00 671,000.00 0.00 621,740.08 -49,259.92 92.66 % 401- CAPITAL IMPROVEMENT PROGR 14697718.00 39,008,234.17 11,425.31 4,831,200.24 -34,177,033.93 12.39 % 501- EQUIPMENT REPLACEMENT 533000.00 533,000.00 43,440.00 382,134.14 -150,865.86 71.69 % 502 - INFORMATION TECHNOLOGY 758400.00 758,400.00 43,583.00 350,334.70 -408,065.30 46.19 % 503 - PARK EQUIP & FACILITY FND 548300.00 548,300.00 45,608.00 371,118.27 -177,181.73 67.69 % 504 - INSURANCE FUND 608000.00 608,000.00 67,475.01 539,800.08 -68,199.92 88.78 % 601- SILVER ROCK RESORT 3942500.00 3,942,500.00 642,171.14 2,159,724.43 -1,782,775.57 54.78 % 602 - SILVERROCK GOLF RESERVE 68500.00 68,500.00 0.00 998.68 -67,501.32 1.46 % Report Total: 69,079,218.00 93,222,420.17 5,296,072.16 38,422,051.23 -54,800,368.94 41.22 % 37 EXPENDITURE SUMMARY REPORT ALL FUNDS City of La Quinta, CA February 2016 For Fiscal: 2015-2016 Period Ending: 02/29/2016 Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101-GENERAL FUND 42065500.00 44,057,890.27 1,240,827.30 16,599,317.07 27,458,573.20 37.68% 201-GAS TAX FUND 1286200.00 1,323,100.00 99,595.16 836,851.40 486,248.60 63.25% 202 - LIBRARY FUND 1761400.00 2,697,659.37 43,932.89 1,564,972.17 1,132,687.20 58.01 % 210- FEDERAL ASSISTANCE FUND 0.00 422,706.00 0.00 0.00 422,706.00 0.00 % 215 - LIGHTING & LANDSCAPING FU 1452800.00 1,452,800.00 92,270.31 756,477.48 696,322.52 52.07 % 218 - CV VIOLENT CRIME TASK FOR 55650.00 46,634.00 2,134.29 20,860.07 25,773.93 44.73 % 220- QUIMBY FUND 3620000.00 4,408,248.14 0.00 98,759.50 4,309,488.64 2.24 % 221- AB 939 61500.00 61,500.00 806.25 15,857.40 45,642.60 25.78 % 223 - MEASURE A 1105500.00 1,228,640.55 0.00 452,924.35 775,716.20 36.86 % 231- SUCCESSOR AGCY PA 1 RORF 0.00 0.00 0.00 5,671,324.13 -5,671,324.13 0.00 % 235 - SO COAST AIR QUALITY FUND 0.00 0.00 15,067.68 15,067.68 -15,067.68 0.00 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0.00 0.00 6,443.00 42,151.00 -42,151.00 0.00 % 241- HOUSING AUTHORITY PA1 384000.00 384,000.00 21,217.43 285,640.95 98,359.05 74.39 % 242 - HOUSING AUTHORITY PA2 621000.00 621,000.00 44,820.48 343,896.25 277,103.75 55.38 % 248 - SA 2004 LO/MOD BOND FUND 0.00 27,996,401.00 7,500.00 25,098.00 27,971,303.00 0.09 % 250-TRANSPORTATION DIF FUND 1731400.00 3,111,776.26 0.00 522,813.46 2,588,962.80 16.80 % 252 - CIVIC CENTER DIF FUND 0.00 0.00 0.00 31,961.28 -31,961.28 0.00 % 253 - LIBRARY DEVELOPMENT DIF 0.00 0.00 0.00 7,466.27 -7,466.27 0.00 % 255 - STREET FACILITY DIF FUND 0.00 0.00 0.00 8,618.50 -8,618.50 0.00 % 256 - PARK FACILITY DIF FUND 0.00 0.00 0.00 2,562.30 -2,562.30 0.00 % 257 - FIRE PROTECTION DIF 0.00 0.00 0.00 2,841.26 -2,841.26 0.00 % 270-ART IN PUBLIC PLACES FUND 129000.00 329,000.00 30,240.00 74,942.00 254,058.00 22.78 % 310 - LQ FIN AUTHORITY DEBT SVC 678076.00 678,076.00 0.00 624,171.75 53,904.25 92.05 % 401- CAPITAL IMPROVEMENT PROGR 190400.00 37,740,801.10 203,554.38 4,387,015.52 33,353,785.58 11.62 % 405 - SA PA 1 CAPITAL IMPRV FU 0.00 5,733,021.40 0.00 0.00 5,733,021.40 0.00 % 501- EQUIPMENT REPLACEMENT 705700.00 898,065.00 39,276.85 520,843.19 377,221.81 58.00 % 502 - INFORMATION TECHNOLOGY 637600.00 753,600.00 23,114.81 371,579.59 382,020.41 49.31 % 503 - PARK EQUIP & FACILITY FIND 704500.00 704,500.00 0.00 40,129.61 664,370.39 5.70 % 504 - INSURANCE FUND 608000.00 817,000.00 0.00 600,431.00 216,569.00 73.49 % 601- SILVER ROCK RESORT 4375100.00 4,375,100.00 334,104.36 2,760,450.08 1,614,649.92 63.09 % Report Total: 62,173,326.00 139,841,519.09 2,204,905.19 36,685,023.26 103,156,495.83 26.23 % City of L o Q u i n to CONSENT CALENDAR ITEM NO. CITY COUNCIL MEETING; April 5, 2016 STAFF REPORT AGENDA TITLE: AMEND THE PLANNING COMMISSION'S REGULAR MEETINGS START TIME TO 6:00 P.M. RECOMMENDATION Set 6:00 p.m. as the new start time for the Planning Commission's regularly scheduled meetings. EXECUTIVE SUMMARY • The regularly scheduled Planning Commission (Commission) meetings start at 7:00 p.m. • The Commission unanimously supports changing the start time to 6:00 p.m. FISCAL IMPACT - None. BACKGROUND/ANALYSIS On March 8, 2016, the Commission recommended that the City Council change the Commission's meeting start time from 7:00 p.m. to 6:00 p.m. This change will allow participants and the general public sufficient time to prepare for and travel to Commission meetings after regular work hours. It is expected this start time will reduce the number of future Commission meetings that end after 9:00 p.m., thus minimizing time constraints which could impact participation by project applicants, and the general public. ALTERNATIVES City Council may elect not to approve the time change and leave the meeting start time at 7:00 p.m. Prepared by: Gabriel Perez, Planning Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 39 EI CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING° April 5, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36855 WITHIN THE MADISON CLUB DEVELOPMENT RECOMMENDATION Adopt a resolution granting conditional approval of Final Parcel Map and Subdivision Improvement Agreement for Parcel Map No. 36855; and authorize the City Manager to execute said agreement. EXECUTIVE SUMMARY • East of Madison, LLC (Developer), the developer of Parcel Map No. 36855 located within the Madison Club, has requested conditional approval of a Final Parcel Map. • This ministerial action completes the subdivision process. The Developer has either satisfied all conditions or will secure them through agreements within 30 days. FISCAL IMPACT - None. BACKGROUND/ANALYSIS Parcel Map No. 36855 is within the Madison Club residential development located north of Avenue 54 and east of Madison Street (Attachment 1). The Final Parcel Map subdivides two existing lots into three residential lots. The site was previously rough graded and on -site street improvements were completed by the Developer. The Developer seeks conditional approval of the Final Parcel Map (Attachment 2) and Subdivision Improvement Agreement (Attachment 3). Thereafter, the Developer has 30 days to obtain all necessary signatures, execute the Subdivision Improvement Agreement, and submit securities for the on -site improvements. If these activities are not completed within 30 days, the map will be rescheduled for Council consideration only after all items are complete. ALTERNATIVES The Council could deny conditional approval and require the Developer to complete all items; however, this would unnecessarily burden the Developer and delay the project, and is therefore not recommended. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Final Parcel Map 36855 3. Subdivision Improvement Agreement 41 WIA RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36855 AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present a map for consideration of approval when the requisite items necessary for a final map approval are nearly, but not completely, finished; thus, yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by City staff within a reasonable period of time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Final Parcel Map 36855 is conditionally approved provided the subdivider submits all required item(s) on or before May 5, 2016. SECTION 2. The City Council's approval of the Final Parcel Map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act, and all ordinances of the City. SECTION 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirement and any other requirements not expressly described here to the City Engineer's satisfaction: 43 Resolution No. 2016- Parcel Map No. 36855 Adopted: April 5, 2016 Page 2 of 2 A. Finalize the Final Parcel Map and obtain all necessary signatures B. Provide executed Subdivision Improvement Agreement C. Submit securities for on -site improvements SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. SECTION 5. The time extension for satisfying the requirements of the conditional approval for this Final Parcel Map shall expire when City offices close for regular business on May 5, 2016. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the Final Parcel Map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the Final Parcel Map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of April 2016, 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 ATTACHMENT 1 PARCEL MAP NO. 36855 F-:I cn z 0 cn Of W LL- LL- W SITE F2 cn W O AVE. 50 V) AVE. 52 AVE. 53 AVE. 54 0 AIRPORT BLVD. VICINITY MAP NOT TO SCALE W ATTACH M ENT 2 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RECORDER'S STATEMENT: DAY AT PARCEL MAP NO. 36855 .M. IN BOOK OF PARCEL MAPS. ATEPAGES - TFTNE REQUEST BEING A SUBDIVISION OF LOTS 78 AND 79 OF TRACT NO. 33076-2, AS SHOWN BY MAP FILED IN BOOK 393, OF THE CITY OF LA QUINTA. NO_ PAGES 61 THROUGH 80, OF MAPS, AND A PORTION OF LETTERED LOT "P" OF TRACT NO. 33076-1, AS SHOWN BY FEE: MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF PETER ALDANA RIVERSIDE COUNTY, CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN COUNTY ASSESSOR -CLERK -RECORDER BY: RALPH W. GUIDA, IV L.S. 7076 DEPUTY DATE OF SURVEY: OCTOBER, 2015 9UBDIMSICN GUARANTEE: FIDEUTY NATIONAL TPE COMPANY OWNERS STATEMENT l HEREBY STATE THAT I AM THE OWNER OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT I AM THE ONLY PERSON WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT I CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. EAST OF MADISON, LUG, A DELAWARE LIMITED LIABILITY COMPANY BY.. DATED: 2016 BRIAN J ELLIS - PRESIDENT AND CHIEF OPERATING OFFICER TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THIS MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE WHICH ARE ESTIMATED TO BE $ DATED , 2016 DON KENT, COUNTY TAX COLLECTOR TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF 9 HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA. CONDITIONED UPON THE PAYMENT OF ALL TAXES STATE, COUNTY, MUNICIPAL OR LOCAL AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATED . 2016 KECIA HARPER -THEM CLERK TO THE BOARD OF SUPERVISORS BY. CASH TAX BOND DON KENT COUNTY TAX COLLECTOR BY NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA SS COUNTY OF ON , BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) ISPARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITYGES), AND THAT BY HIS/HER/THEIR SIGNATURES ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS MAP CONSISTING OF TWO (2) SHEETS CORRECTLY REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AT THE REQUEST OF EAST OF MADISON, LLC, DURING OCTOBER OF 2015, THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE SET WITHIN ONE YEAR OF MAP RECORDATION THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. THIS MAP COMPLIES WITH THE CONDITIONALLY APPROVED TENTATIVE PARCEL MAP. CD ` 7fi 313116RALPH W. GUIDA, lV L 7076 CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT/ HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 36855 CONSISTING OF TWO (2) SHEETS AND I AM SATISFIED THAT SAID MAP 15 TECHNICALLY CORRECT. SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS DATED , 2076 NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY MY COMMISSION NO, # ERIC A (NAME PRINTED) MY COMMISSION EXPIRES: ERIC A. NELSON, P.L.S. 5563, EXP. 9-30-17 ACTING CITY SURVEYOR SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED: UNITED STATES OF AMERICA, HOLDER OF WATER RIGHTS RECORDED DULY 31, 1905 IN BOOK 3, PAGE 228; APRIL 1, 1912 IN BOOK 6, PAGE 112, FEBRUARY 16, 1917 IN BOOK 7, PAGE 225, AND FEBRUARY 21, 7917 IN BOOK 7, PAGE 226, ALL OF PATENTS. IMPERIAL IRRIGATION DISTRICT, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES PER TRACT NO. 33076-2 FILED 11129105 IN BOOK 393, PAGES 61-80, OF MAPS. GENERAL TELEPHONE COMPANY OF CALIFORNIA, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES PER DOCUMENT RECORDED JANUARY 21, 1982 AS INSTRUMENT NO. 12273, OF OFFICIAL RECORDS. CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP N0. 36855 CONS/STING OF TWO (2) SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATED , 2016 TIMOTHY R. JONASSON, R.C.E. 45843, EXP. 12-31-16 CITY ENGINEER, CITY OF LA QUINTA CITY CLERK'S STATEMENT T SUSAN MAYSELS, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT A REGULAR MEETING HELD ON THE DAY OF , 2016, APPROVED SAID MAP OF PARCEL MAP NO. 36855. DATED , 2016 SUSAN MAYSELS CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA SHEET 1 OF 2 SHEETS 47 AVE. 50 AVE.N 52 AVE. 53 AVE 11 SITE VICINITY MAP Na SCALE / / 4 / Y IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36855 BEING A SUBDIVISION OF LOTS 78 AND 79 OF TRACT NO, 33076-2, AS SHOWN BY NAP FILED IH BOOK 393, PAGES 61 THROUGH 80, OF MAPS, AND A PORTION OF LETTERED LOT "P" OF TRACT NO. 33076-1, AS SHOWN BY MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN RALPH W. GUIDA, IV L.S. 7076 DATE OF SURVEY: OCTOBER, 2015 EASEMENT DESCRIPTIONS BASIS OF BEARINGS OINDICATES 1200 FOOT WIDE PRIVATE EASEMENT RESERVED TO THE OWNERS FOR LANDSCAPE AND DRAINAGE PURPOSES PER TRACT N0. BEARINGS HEREON ARE BASED ON THE CENTERLINE OF PIKE PLACE BEING N 22'5738" E AS SHOWN ON A MAP OF TRACT NO.. 33076-2 33016-2, MEE 393/61-80 MB. 393/61-80 O2 INDICATES 2200.FOOT WIDE EASEMENT TO THE CITY OF LA QUINTA FOR PUBLIC UTILITY PURPOSES PER TRACT NO. 33016-Z. M.B. 393/61-80 /O3 I I INDICATES 2200 FOOT WIDE EASEMENT TO THE IMPERIAL IRRIGATION DISTRICT TRICT FOR UTILITY PURPOSES PER TRACT NO. 330]6-2. M.B. 393/61-80 MONUMENT DESCRIPTIONS / O GO CA ED 1500 EASEMENTTO GENERAL COMPONVY IC Oj FOUND 1" IRON PIPE AND TAG STAMPED "LS ]55]" PER TRACT NO 33076-Z / / FOR PUBLFOOT CALT UT PURPOSES RECOROLEDHOED UARY 21, 1982 AS INSTRUMENT NO. 12273, OF OFFICIAL RECORDS AID 393/61-80, FLUSH, ACCEPTED AS CORNER / 87 / 5O INDICATES 26. 00 FOOT WIDE PRIVATE EASEMENT RESERVED TO THE OWNERS FOR STORM DRAIN PURPOSES PER TRACT N0. 330J6-1, M.B. 388/57-79 2O FOUND LEAD AND TAG STAMPED 15 ]55]" AT C00 FOOT OFFSET FROM FRONT LOT CORNER IN TOP OF CURB ON SIDE LINE PROJECTED PER /�. CERTIFICATE OF CORRECTION RECORDER MAY 04, 2010 AS INSTRUMENT N0. 2010-0204535, OFFICIAL RECORDS \ h / 1/tr / O3 FOUND LEAD AND TAG STAMPED "L8 ]55]" AT 1.00 FOOT OFFSET FROM \ _? P 86 LQ / FRONT LOT CORNER IN TOP OF CURB PROJECTED RADIAL FROM CENTERLINE �p J •fJ\ 4 \ / \ % R,a PER CERTIFICATE OF CORRECTION RECORDED MAY 04, 2010 AS INSTRUMENT NO 2010-0204536 OFFICIAL RECORDS FOUND 1" IRON PIPE AND TAG STAMPED "LS ]55]" PER TRACT NO 33076-2 T P i \ \ \ \ \ \ / ME 393/61-80, FLUSH, ACCEPTED AS CENTERLINE OF P/KE PLACE 40' 80' 120' 160' /, / / �,..3 \ \ \ \ A' 85 1/Q / 5O SET I" IRON PIPE ANO TAG STAMPED "LS ]0]6 FLUSH. r ,e\ \ \ \ %, SET LEAD AND TAG STAMPED "LS ]0]6", FLUSH, IN TOP OF CURB ON SIDE SCALE 1"=40' LINE PROJECTED \ \ ,9 / 33 �7 (2i i3 Taz p/�� v v / �V 67 84 / cuR�E TAetE \ O 0. 0£LTA RADIUS LENGM / 09'a)'33" 238.00" a026" (C3) 06-6 1 23800G55T FT / REMAINDER PARCEL/ 12' WIDE �b s• J\ / / TRACT NO. 33076/ 1 78 82 DE ��� Va ��s �� \ \ �!q / Y _ M.B. 388 / 57-79 o�i� \J� \ 4V /�� / 81 GOLF couRse/ PARCEL 3 33.382 SQACRES /zo \ 0.I66 ACRES RR 26 WIDE / �, PARCEL 2 / �a., 2G— SOFT LEGEND 0 61E ACRES FOUND MONUMENT AS NOTED IN MONUMENT DESCRIPTIONS, l l '� ie \ T 9'\6� O 183 B9J N T926A2 E HEREON, UNLESS OTHERWISE NOTED. l l \ 79 5'/Q. '�>l•R_� `-0 RAD. 1 O SET MONUMENT AS NOTED IN MONUMENT DESCRIPTIONS, / l B 2 n 3)a, \ 80 HEREON, UNLESS OTHERWISE NOTED. PARCEL 1 () INDICATES MEASURED AND RECORD PER l l \ 93 20,401 SOFT. TRACT NO 33076-Z M6 393/61-80 / l m 0.468 ACRES P.R.C. POINT OF REVERSE CURVE l / 6/_ ^N 21 b)O \ \ 190 RA —RADIAL BEARING l l ` TN O ^E� 21� \ _ 1 Q1 REMAINDER PARCEL 112.00' �V� [N or'oa 2a"E 21z 13) a 11549'— LOT P 5 N O15]'O2" E 22549' TRACT NO. 33076-1 1 s' wiDE N ae's4> 21 T I 5 5 s E etas a j6a6a7 "' M.B. 388 / 57-79 S GOLF COURSE THE AREA ENCOMPASSING ALL PARCELS FOR THIS MAP (PARCEL MAP NO. 36855) IS 1.852 ACRES. THIS MAP IS COMPRISED OF 3 NUMBERED PARCELS. SHEET 2 OF 2 SHEETS 48 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36855 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 120 , by and between East of Madison, a Delaware limited liability company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 36855 (the "Parcel") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Parcel has been approved subject to the Subdivision Laws and to the requirements and conditions adopted at the Director's Hearing on August 25, 2015 (the "Conditons of Approval"). The Conditions of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Parcel by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Parcel. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Parcel shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit 1 of 9 49 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Parcel map or waiver of Parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 4 of 52 9 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Jury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. IN 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Jury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 54 6 of 9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Accent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk East of Madison, LLC, a Delaware limited liability company 80-955 Avenue 52 La Quinta, CA 92253 By: Brian Ellis Date Title: President By: Date Title: Reviewed and Approved: Timothy R. Jonasson, P.E., City Engineer Date Approved as to Form: William H. Ihrke, City Attorney Date IN Exhibit A SECURITY — PARCEL MAP NO. 36855 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Parcel and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Storm Drain Lateral $ 2,000 -- Totals $ 2,000 -- Standard 10% Contingency $ 200 -- Total Construction Cost $ 2,200 -- Professional Fees, Design 10% $ 220 -- Professional Fees, Const 10% $ 220 -- Bond Amount $ 2,640 -- 58 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36856 WITHIN THE MADISON CLUB DEVELOPMENT RECOMMENDATION Adopt a resolution granting conditional approval of Final Parcel Map and Subdivision Improvement Agreement for Parcel Map No. 36856; and authorize the City Manager to execute said agreement. EXECUTIVE SUMMARY • East of Madison, LLC (Developer), the developer of Parcel Map No. 36856 located within the Madison Club, has requested conditional approval of a Final Parcel Map. • This ministerial action completes the subdivision process. The Developer has either satisfied all conditions of development or will secure them through agreements within 30 days. FISCAL IMPACT — None. BACKGROUND/ANALYSIS Parcel Map No. 36856 is within the Madison Club residential development located north of Avenue 54 and east of Madison Street (Attachment 1). The Final Parcel Map subdivides one existing lot into two residential lots. The site was previously rough graded and on -site street improvements were completed by the Developer. The Developer seeks conditional approval of the Final Parcel Map (Attachment 2) and Subdivision Improvement Agreement (Attachment 3). Thereafter, the Developer has 30 days to obtain all necessary signatures, execute the Subdivision Improvement Agreement, and submit securities for the on -site improvements. If these activities are not completed within 30 days, the map will be rescheduled for Council consideration only after all items are complete. ALTERNATIVES The Council could deny conditional approval and require the Developer to complete all items; however, this would unnecessarily burden the Developer and delay the project, therefore is not recommended. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Parcel Map 36856 3. Subdivision Improvement Agreement 59 .X RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL MAP NO. 36856 AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present a map for consideration of approval when the requisite items necessary for a final map approval are nearly, but not completely, finished; thus, yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by City staff within a reasonable period of time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Final Parcel Map 36856 is conditionally approved provided the subdivider submits all required item(s) on or before May 5, 2016. SECTION 2. The City Council's approval of the Final Parcel Map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. SECTION 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirement and any other requirements not expressly described here to the City Engineer's satisfaction: 61 Resolution No. 2016- Parcel Map No. 36856 Adopted: April 5, 2016 Page 2 of 2 A. Finalize the final parcel map and obtain all necessary signatures B. Provide executed Subdivision Improvement Agreement C. Submit securities for on -site improvements SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. SECTION 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 5, 2016. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the Final Parcel Map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of April 2016, 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 M ATTACHMENT 1 PARCEL MAP NO. 36856 F-:I cn z 0 cn Of W LL- LL- W SITE F2 cn W O AVE. 50 V) AVE. 52 AVE. 53 AVE. 54 0 AIRPORT BLVD. VICINITY MAP NOT TO SCALE 63 64 ATTACHMENT 2 N THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RECORDER'S STATEMENT: FILEDTHIS_ DAY OF AT PARCEL MAP NO. 36856 .M. IN BOOK OF PARCEL MAPS. AT THE REQUEST OF THE CITY OF LA QUINTA. BEING A SUBDIVISION OF LOT 88 OF TRACT NO. 33076-2, AS SHOWN BY MAP FILED IN BOOK 393, PAGES 61 NO THROUGH 80, OF MAPS, AND A PORTION OF LETTERED LOT "P" OF TRACT NO. 33076-1, AS SHOWN BY MAP FILED FEE: IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE PETER ALDANA COUNTY, CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN COUNTY ASSESSOR -CLERK -RECORDER BY: RALPH W. GUIDA, IV L.S. 7076 DEPUTY DATE OF SURVEY: OCTOBER, 2015 SUBDIMSav GUARANTEE: FIDE11TY NATIONAL TTLE COMPANY OWNERS STATEMENT NOTARY ACKNOWLEDGMENT SURVEYOR'S STATEMENT I HEREBY STATE THAT/ AM THE OWNER OF, OR HAVE SOME RIGHT, TITLE OR /N TEREST A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE I HEREBY STATE THAT/ AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA IN AND TO THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT/ AM IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS AND THAT THIS MAP CONSISTING OF TWO (2) SHEETS CORRECTLY REPRESENTS A THE ONLY PERSON WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID ATTACHEDAND N07 THE TRUTHFULNESSACCURACY, OR VALIDITY OF THAT DOCUMENT SURVEY MADE UNDER MY SUPERVISION AT THE REQUEST OF EAST OF MADISON, LLC, LAND, THAT I CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS , , DURING OCTOBER OF 2015, THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND SHOWN WITHIN THE DISTINCTIVE BORDER LINE STATE OF CALIFORNIA THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE SET WITHIN ONE YEAR OF MAP RECORDATION. THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY COMPANY SS RETRACED. THE SURVEY lS TRUE AND COMPLETE AS SHOWN. THIS MAP COMPLIES WITH COUNTY OF THE CONDITIONALLY APPROVED TENTATIVE PARCEL MAP BY: DATED: 2016 BRIAN J ELLIS — PRESIDENT AND CHIEF OPERATING OFFICER TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THIS MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE WHICH ARE ESTIMATED TO BE $ DATED , 2016 DON KENT, COUNTY TAX COLLECTOR BY DEPUTY TAX BOND CERTIFICATE l HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA. CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPEC/AL ASSESSMENTS COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS DATED . 2016 KECIA HARPER —THEM CLERK TO THE BOARD OF SUPERVISORS BY DEPUTY CASH TAX BOND DON KENT COUNTY TAX COLLECTOR BY DEPUTY SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED: UNITED STATES OF AMERICA, HOLDER OF WATER RIGHTS RECORDED JULY 31, 1905 IN BOOK 3, PAGE 228, APRIL 1, 1912 IN BOOK 6, PAGE 172; FEBRUARY 16, 1917 IN BOOK 7, PAGE 225, AND FEBRUARY 21, 7917 IN BOOK 7, PAGE 225, ALL OF PATENTS IMPERIAL IRRIGATION DISTRICT, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES PER TRACT NO. 55076-2 FILED 11129105 IN BOOK 393, PAGES 61-8N OF MAPS GENERAL TELEPHONE COMPANY OF CALIFORNIA, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES PER DOCUMENT RECORDED JANUARY 21, 1982 AS INSTRUMENT NO. 12273, OF OFFICIAL RECORDS. ON , BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITHHES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE NOTARY PUBLIC IN AND FOR SAID STATE (NAME PRINTED) MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY MY COMMISSION N0, MY COMMISSION EXPIRES: Ap ryP� LANp U 313116 a q Ralpuh W. 1 RALPH W. GUIDA, IV 77.7076 * Guid Iv it 2 sF OF CAl\E�`t CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 36856 CONSISTING OF TWO (2) SHEETS AND / AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATED , 2016 ERIC A. NELSON, P.L.S. 5563, EXP. 9—JO-77 ACTING CITY SURVEYOR CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 36856 CONSISTING OF TWO (2) SHEETS THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATED , 2016 TIMOTHY R. JONASSON, R.CE 45843, EXP. 12-31-16 CITY ENGINEER, CITY OF LA QUINTA CITY CLERK'S STATEMENT L SUSAN MAYSELS, CITY CLERK AND EX—OFFICAO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT A REGULAR MEETING HELD ON THE DAY OF , 2076, APPROVED SAID MAP OF PARCEL MAP NO. 36856. DATED , 2016 SUSAN MA YSELA CITY CLERK AND EX—OFFCCAO CLERK OF THE CITY COUNCIL OF THE CITY OF LA GUINEA SHEET i OF 2 SHEETS 65 NiQHWAY TI1 o AVE. 50 AVE N 52 LL AVE. 54 SITE VICINITY MAP NO SCALE LEGEND FOUND MONUMENT AS NOTED IN MONUMENT OESCRIPTYONS, HEREON, UNLESS OTHERWISE NOTED. SET MONUMENT AS NOTED IN MONUMENT DESCRIPTIONS, HEREON, UNLESS OTHERWISE NOT£0. () INDICATES MEASURED AND RECORD PER TRACT NO 33075-2, M.B. 393/61-80 PRO, POINT OF REVERSE CURVE RAD RADIAL BEARING BASIS OF BEARINGS BEARINGS HEREON ARE BASED ON THE CENTERLINE OF TREMONT WAY BEING N 00'5651" E AE SHOWN ON A MAP OF TRACT NO. 33076-2, MB 393/61-80 EASEMENT DESCRIPTIONS Oi INDICATE5 12.00 FOOT WE PRIVATE EASEMENT RESER UED TO THE OWNERS FOR LANDSCAPE AND DRAINAGE PURPOSES PER TRACT NO. 35076-2, MR 393/61-80 O2 INDICATES 22. 00 FOOT WIDE EASEMENT TO THE CITY OF LA QUINTA FOR PUBLIC UTILITY PURPOSES PER TRACT NO. —6-2, M.B. 393/61-80 O3 INDICATES 22. 00 FOOT WIDE EASEMENT TO THE IMPERIAL IRRIGATION DISTRICT FOR PUBLIC UTILITY PURPOSES PER TRACT NO. 330]6-2, M.B. 393/61-80 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36856 BEING A SUBDIVISION OF LOT 88 OF TRACT NO. 33076-2, AS SHOWN BY MAP FILED IN BOOK 393, PAGES 61 THROUGH 80, OF MAPS, AND A PORTION OF LETTERED LOT "P" OF TRACT NO. 33076-1, AS SHOWN BY MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN RALPH W. GUIDA, IV L.S. 7076 DATE OF SURVEY: OCTOBER, 2015 / aAOQz�3se f I / PAS 1, 95 N a Y�' %/ MONUMENT DESCRIPTIONS OFOUND 1" IRON PIPE AND TAG STAMPED "LS E55Y' PER TRACT NO 33076-2. a MB 393/61-80, FLUSH, ACCEPTEDTEDAS CORNER PO FOUND LEAD AND TAG STAMPED "LS ]55]" AT TOO FOOT OFFSET FROM 96 / / J / ` REMAINDER PARCEL FRONT LOT CORNER IN TOP OF CURB ON SIDE LINE PROJECTED PER CERTIFICATE OF CORRECTION RECORDED MAY 04, 2D10 AS INSTRUMENT / / 6 / LOT P NO. 2010-0204536, OFFICIAL RECORDS .,6/ / /2 Pj TRACT NO. 33076-1 STAMPED OFFSET FROM"j O 'LS 7557 AT 1.00 TFROM OCORNERAND AIN O // / M.B. / 57-79 FRONT LOT TOP OFCURB PROJECTED RADIALCENTERLINE PER CERTIFICATE OF CORRECTION RECORDED MAY 04. 2070 AS INSTRUMENT _ \ // / /4. " GOLF COURSE OLF SE NO. 2010-0204536, OFFICIAL RECORDS. �2 , \ O4 FOUND 1" IRON PIPE AND TAG STAMPED ]55]" PER TRACT NO. 330]6-2, MB. 393/61-80, FLUSH, ACCEPTED AS CENEN TERLINE OF FREMONT WAY. // _\Q� \ / KE 22 5O SET I" IRON PIPE AND TAG STAMPED "LS 7076", FLUSH. \ \ // / / ya 1 5 O6 SET LEAD AND TAG STAMPED "LS 7076", FLUSH, IN TOP OF CURB ON SIDE LINE PROJECTED 0 ><F� 97 / / aP a1e R� h9 6 98 I °O" 63 3 \ 6 LOT 14' --- Q2 /-'q9 j 12' w1DE 9� PARCEL 1- --------_- _ � pc2a 2 3 8,S7 ACRES / �' \ 4— � � p' 6 / 22' WIUE ,-k \>, PARCEL 2 \ /\ 29,257 SQ.FT. n oh I 0.672 ACRES I z I j REMAINDER PARCEL �� \ I LOT P Z)= TRACT N0. 33076-1 iz M.B. 388 / 57-79 I m I GOLF COURSE \ // 14j 79 \65 W`j3 65 BC N 2} THE AREA ENCOMPASSING ALL PARCELS FOR THIS MAP (PARCEL MAP NO. 36856) IS 1.330 ACRES. THIS MAP IS COMPRISED OF 2 NUMBERED PARCELS. SHEET 2 OF 2 SHEETS CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36856 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 120 , by and between East of Madison, a Delaware limited liability company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 36856 (the "Parcel") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Parcel has been approved subject to the Subdivision Laws and to the requirements and conditions adopted at the Director's Hearing on August 25, 2015 (the "Conditons of Approval"). The Conditions of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Parcel by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Parcel. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Parcel shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit 67 1 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 29 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Parcel map or waiver of Parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 4 of 9 70 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Jury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 71 5 of 9 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Jury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 72 6 of 9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Accent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk East of Madison, LLC, a Delaware limited liability company 80-955 Avenue 52 La Quinta, CA 92253 By: Brian Ellis Date Title: President By: Date Title: Reviewed and Approved: Timothy R. Jonasson, P.E., City Engineer Date Approved as to Form: William H. Ihrke, City Attorney Date 74 8 of 9 Exhibit A SECURITY — PARCEL MAP NO. 36856 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Parcel and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel improvements are complete and accepted by the City Council. Improvement Description Storm Drain Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 14,640 -- $ 14,640 -- $ 1,464 -- $ 16,104 -- $ 1,610 -- $ 1,610 -- $ 19,324 W. CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING: APRIL 5, 2016 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE PUBLIC WORKS CONSTRUCTION MANAGER AND PUBLIC WORKS INSPECTOR TO ATTEND GEOGRAPHIC INFORMATION SYSTEMS SOFTWARE TRAINING, APRIL 20-21, 2016, IN APPLE VALLEY, CALIFORNIA RECOMMENDATION Authorize overnight travel for the Public Works Construction Manager and Public Works Inspector to attend Geographic Information Systems Software Training, April 20-21, 2016, in Apple Valley, California. EXECUTIVE SUMMARY One City initiative is to enhance staff knowledge through continuous learning. This free training provides an opportunity to gain knowledge of Geographic Information Systems (GIS) software and map making techniques for various public works projects. FISCAL IMPACT Estimated expenses are $700, which include travel, lodging, and meals. Funds are available in the department's Travel and Training budget. BACKGROUND/ANALYSIS The Southern California Association of Governments is offering a free introductory "hands on" GIS class. Students will learn how to use ArcGIS 10.3x for ArcMap navigation, basic and advanced queries, ArcCatalog navigation, map creation, map books, data creation, and geocoding. This course is designed for users with little or no GIS skills and will prepare staff for the upcoming free, intermediate and advanced courses offered locally. ALTERNATIVES The Council could deny this travel request; however, this would not allow the City to develop in-house GIS capabilities nor would it position the City to take advantage of more advanced local training. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 77 78 CONSENT CALENDAR ITEM NO. City of La Quinta CITY COUNCIL MEETING° April 5, 2016 STAFF REPORT AGENDATITLE: ACCEPT LA QUINTA LIBRARY PARKING LOT IMPROVEMENTS AND LANDSCAPE AND IRRIGATION IMPROVEMENTS RFCOMMFNDATION Accept the La Quinta Library Parking Lot Improvements and Landscape and Irrigation Improvements Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $20,805 thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY • This project included removing and replacing existing concrete, asphalt, and landscape with new improvements, as well as constructing new parking lot area, storm drains, and a retention basin. Staff requests City Council acceptance to complete the contract and allow final payment. FISCAL IMPACT The following is the accounting for this project: Original Contract Amount $ 420,350 Contract Change Order No. 1 (4,260) Final Contract Amount $ 416,090 Project Budget $ 711,908 Final Contract Amount ($ 416,090) Design, Professional, & Personnel Costs ($ 69,593) Inspection, Survey, Testing Plans, & Other Construction Costs ($ 43,794) Anticipated Funds Remaining* $ 1821431 ' All costs to date have been accounted for and no turther costs are anticipated. 79 BACKGROUND/ANALYSIS On August 4, 2015, Council awarded a $420,350 contract to Golden Valley Construction for Project No. 2014-13A located at 78275 Calle Tampico (Attachment 1). On August 19, 2015, a Notice to Proceed was issued; work commended on September 1, 2015, and ended on October 27, 2015. The project was deemed substantially complete on October 27, 2015. However, the subcontractors and material suppliers filed several Stop Notices on the project, which have taken several months for the contractor to satisfactorily address. The construction effort is in compliance with the plans and specifications, and all of the contractor's outstanding bills have now been paid. Per project specifications, no liquidated damages or early completion incentives are recommended. Contract Change Order No.1 was issued for a contract quantity adjustment between the bid quantities and the actual quantities installed, which resulted in a credit to the City. ALTERNATIVES Since the project has been constructed and reviewed for conformance to the plans and specifications, and since all of the contractor's outstanding invoices have been paid, staff does not recommend an alternative to the recommended action. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map % I-M Ot y of La Qu i n t a CONSENT CALENDAR ITEM NO. CI TY COUNO L MEETI NG. April 5, 2016 STAFF REPORT AGENDA TI TLE: APPROVE DEMAND REGI STERS DATED MARCH 11, 18, 22 AND 25, 2016 RECOM M FDATI ON Approve demand registers dated March 11, 18, 22 and 25, 2016. EXECUTIVE SUMMARY - None. FI SCAL I M PACT Demand of Cash: -- City $ 2,797,256.73 -- Successor Agency of RDA $ 3,723.50 -- Housing Authority $ 8,613.68 -- Housing Authority Commission $ 0.00 2,809,593.91 BACKGROUND/ANALYST S Between City Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers from March 5 through March 25, 2016. Warrants I ssued: 110324 - 1103611 $ 288,864.90 110362 - 1104041 $ 48,450.09 110405 - 1104601 $ 1,288,413.51 110461 - 1104631 $ 178,871.48 110464 - 1105781 $ 320,296.16 Voids} $ (0.00) Wire Transfers) $ 282,570.50 P/RCheck No. 37106 and Direct Deposit} $ 317,113.35 Payroll Tax Transfers} $ 85,013.92 2,809,593.91 The most significant expenditures on the demand registers listed above are as follows: Vendor: Account Name: Amount: Purpose: Rverside Co. Sheriff Various $ 956,057.86 Police Services 11 /12/15-12/09/15 Dave Bang Inc. Construction $ 140,226.40 CMASPIayground E, Roadway Engineering Construction $ 103,021.80 ParksADAlmprovement Golden Valley Construction Construction $ 76,531.81 Library Parking/Landscaping Wire Transfers: Twelve wire transfers totaled$282,570.50. Of this amount,$151,747.31 to Landmark for golf course management; $67,125.98 to CaIPERSfor retirement costs; and $51,336.06 was to USBank Debt Service payment (see Attachment 2 for a full listing). ALTERNATI VES Council may approve, partially approve, or reject the demand registers. Prepared by: Sandra Mancilla, Account Technician Approved by: Rta Conrad, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers EI ATTACHMENT 1 r Demand Register 1 liveCity of La Quinta, CA Packet: APPKT00675 - SHM 3/11/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ALLIANT INSURANCE SERVIC 110324 03/11/2016 APR -DEC FACILITY RENTALS 1 101-3003-60157 928.00 BOYS & GIRLS CLUB OF COAC 110327 03/11/2016 '15-'16 CDBG FUNDING 101-3001-60135 5,610.00 CALPERS LONG-TERM CARE 110329 03/11/2016 LONG TERM CARE 101-0000-20949 144.16 CHAUDHRY, ELIZABETH 110330 03/11/2016 KITCHEN SUPPLIES 101-1001-60400 3.23 CHAUDHRY, ELIZABETH 110330 03/11/2016 KITCHEN SUPPLIES 101-1002-60400 22.68 CHAUDHRY, ELIZABETH 110330 03/11/2016 KITCHEN SUPPLIES 101-1007-60403 6.63 CHAUDHRY, ELIZABETH 110330 03/11/2016 KITCHEN SUPPLIES 101-3001-60400 22.67 CLASSIC PARTY RENTALS 110331 03/11/2016 EQUIP -JOINT COUNCIL MTG 101-3007-60461 320.55 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-2002-61200 45.90 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3002-61200 361.00 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3005-61203 27.96 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3005-61204 583.12 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3005-61205 29.08 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3005-61206 94.06 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3005-61210 443.48 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-3008-61200 223.48 COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 101-7006-43132 30.36 DESERT C A M 110334 03/11/2016 COUNCIL MTG 3/1/16 101-3008-60108 122.50 FRANCHISE TAX BOARD 110335 03/11/2016 GARNISHMENT 101-0000-20985 125.00 FUN SERVICES 110336 03/11/2016 DEP-CITY PICNIC 101-3003-60149 1,620.12 GARDAWORLD 110337 03/11/2016 MAR -ARMORED TRANSPORT 101-1006-60103 101.03 HR GREEN CALIFORNIA INC 110340 03/11/2016 JAN-PLAN CHECK SVC 101-7002-60183 14,415.00 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY 101-2002-61101 417.54 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY 101-3005-61103 2,597.48 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY 101-3005-61105 1,116.74 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY 101-3005-61106 4,034.46 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY 101-3008-61101 5,325.41 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-2002-61101 489.38 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61102 13.50 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61104 55.61 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61109 4,334.43 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61110 66.13 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61111 17.01 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61113 20.53 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SERVICE 101-3005-61114 13.50 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY -WELLNESS CTR 101-3002-61101 1,546.35 LASALLE LIGHTING SERVICES 110343 03/11/2016 CAMPUS LIGHTING 101-3005-60424 964.10 MUSCO CORPORATION 110344 03/11/2016 SPORTS CMPLX CNTRL LINK 101-3001-60136 425.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 101-7001-60104 2,610.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 101-7006-60104 2,175.00 NATIONAL COMMUNITY FEN 110346 03/11/2016 '14-'15 CDBG FUNDING 101-3001-60135 12,785.75 NI GOVERNMENT SERVICES 1 110347 03/11/2016 SEP-SATELLITE PHONES 101-2002-61304 154.75 NI GOVERNMENT SERVICES 1 110347 03/11/2016 OCT-SATELLITE PHONES 101-2002-61304 154.75 NI GOVERNMENT SERVICES 1 110347 03/11/2016 NOV-SATELLITE PHONES 101-2002-61304 154.75 NI GOVERNMENT SERVICES 1 110347 03/11/2016 DEC -SATELLITE PHONES 101-2002-61304 154.75 NI GOVERNMENT SERVICES 1 110347 03/11/2016 JAN-SATELLITE PHONES 101-2002-61304 154.75 POWERS AWARDS INC 110348 03/11/2016 NAME PLATES 101-1005-60400 53.16 RIVERSIDE DEPARTMENT OF 110349 03/11/2016 GARNISHMENT 101-0000-20985 200.00 ROMERO, PETER REY 110351 03/11/2016 REFUND CITATION LQ111015 101-0000-42706 65.00 SUNSPLASH SCREEN PRINTIN 110353 03/11/2016 YOUTH OLYMPICS SHIRTS 101-3003-60149 656.32 SWANK MOTION PICTURES 110354 03/11/2016 MOONLIGHT MOVIES 3/31/1 101-3003-60149 2,902.00 TORRES, JAIME 110355 03/11/2016 FITNESS CTR REIMB 101-1004-60104 40.00 UNITED WAY OF THE DESERT 110356 03/11/2016 CONTRIBUTION 101-0000-20981 40.00 3/28/2016 2:24:11 PM Page 1 of 4 85 Demand Register Packet: APPKT00675 - SHIM 3/11/16 Vendor Name Payment Number Payment Date Description (Payable) Acco{ant Number Ampunt US DEPARTMENT OF EDUCAT 110357 03/11/2016 GARNISHMENT 101-0000-20985 192.52 VERIZON WIRELESS 110358 03/11/2016 CITY FLEET 1/14-2/13 101-1007-61301 1,503.97 WISE-LATTA, WANDA P 110360 03/11/2016 REIMB-STAFF LUNCHEON 101-6002-60400 178.20 YOUNG ENGINEERING SVC 110361 03/11/2016 FEB-BLDG PLAN CHECK 101-6003-60118 1,557.50 Fund 101- GENERAL FUND Total: 72,450.35 Fund: 201- GAS TAX FUND GRANITE CONSTRUCTION CO 110338 03/11/2016 SINK HOLE REPAIR AVE 58 201-7003-56430 55.94 GRANITE CONSTRUCTION CO 110338 03/11/2016 SINK HOLE REPAIR AVE 58 201-7003-56490 525.77 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SVC 201-7003-61101 714.01 Fund 201- GAS TAX FUND Total: 1,295.72 Fund: 202 - LIBRARY FUND IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY 202-3004-61101 1,883.09 Fund 202 - LIBRARY FUND Total: 1,883.09 Fund: 215 - LIGHTING & LANDSCAPING FU COACHELLA VALLEY WATER 110332 03/11/2016 WATER SVC 215-7004-61211 11,289.16 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SVC 215-7004-61116 7,008.51 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SVC 215-7004-61117 3,697.79 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SVC 215-7004-61116 172.67 IMPERIAL IRRIGATION DIST 110341 03/11/2016 ELECTRICITY SVC 215-7004-61117 170.83 LASALLE LIGHTING SERVICES 110343 03/11/2016 FEB-LANDSCAPE LIGHTING 215-7004-60104 6,930.00 Fund 215 - LIGHTING & LANDSCAPING FU Total: 29,268.96 Fund: 241- HOUSING AUTHORITY PA1 CAHA, BECKY 110328 03/11/2016 PA1 HA CONSULTANT SVC 241-9101-60103 _ 6,281.25 Fund 241- HOUSING AUTHORITY PA1 Total: 6,281.25 Fund: 248 - SA 2004 LO/MOD BOND FUND STUDIO E ARCHITECTS 110352 03/11/2016 ARCH SERVICES 248-0000-60185 10,874.00 STUDIO E ARCHITECTS 110352 03/11/2016 ARCH SERVICES 248-0000-60185 1,288.94 Fund 248 - SA 2004 LO/MOD BOND FUND Total: 12,162.94 Fund: 270-ART IN PUBLIC PLACES FUND CUSH TILE 110333 03/11/2016 REPAIR CAMPUS MOSAIC 270-0000-43550 1,600.00 CUSH TILE 110333 03/11/2016 MOSAICCLEANING 270-0000-43550 2,000.00 CUSH TILE 110333 03/11/2016 REPAIR CAMPUS MOSAICS 270-0000-43550 1,350.00 CUSH TILE 110333 03/11/2016 REPAIR CAMPUS SIDEWALK 270-0000-43550 400.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 5,350.00 Fund: 401- CAPITAL IMPROVEMENT PROGR BAKER, MICHAEL INTERNATI 110325 03/11/2016 DRAINAGE STUDY 2014-04 401-0000-60103 6,979.92 BENGAL ENGINEERING INC 110326 03/11/2016 DESIGN 1/9/16-2/5/16 401-0000-60185 1,538.32 GRANITE CONSTRUCTION CO 110339 03/11/2016 FINAL FROG PAY 2012-07B 401-0000-60188 47,329.45 LANDMARK GEO-ENGINEERS 110342 03/11/2016 CONST SVC 2013-12 401-0000-60108 1,345.00 LANDMARK GEO-ENGINEERS 110342 03/11/2016 CONT SVC TEST 2013-12 401-0000-60108 1,742.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 2,787.50 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 3,670.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 937.50 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 7,319.99 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 3,835.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 1,885.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONAL SVC 401-0000-60103 435.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONAL SVC 401-0000-60103 580.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 97.50 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60103 760.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONAL SVC 401-0000-60103 1,595.00 NAI CONSULTING INC 110345 03/11/2016 FEB-PROFESSIONALSVC 401-0000-60185 870.00 ROADWAY ENGINEERING & C 110350 03/11/2016 CONT SVC 2013-02 401-0000-60188 75,091.71 VOLZ DESIGN, DAVID 110359 03/11/2016 DESIGN-MADISON 401-0000-60185 1,373.70 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 160,172.59 Grand Total: 288,864.90 3/28/2016 2:24:11 PM W. Page 2 of 4 Demand Register Packet: APPKT00675 - SHM 3/11/16 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 241 - HOUSING AUTHORITY PAl 248 - SA 2004 LO/MOD BOND FUND 270 - ART IN PUBLIC PLACES FUND 401 - CAPITAL IMPROVEMENT PROGR Account Number 101-0000-20949 101-0000-20981 101-0000-20985 101-0000-42706 101-1001-60400 101-1002-60400 101-1004-60104 101-1005-60400 101-1006-60103 101-1007-60403 101-1007-61301 101-2002-61101 101-2002-61200 101-2002-61304 101-3001-60135 101-3001-60136 101-3001-60400 101-3002-61101 101-3002-61200 101-3003-60149 101-3003-60157 101-3005-60424 101-3005-61102 101-3005-61103 101-3005-61104 101-3005-61105 101-3005-61106 101-3005-61109 101-3005-61110 101-3005-61111 101-3005-61113 101-3005-61114 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61206 101-3005-61210 101-3007-60461 101-3008-60108 101-3008-61101 101-3008-61200 101-6002-60400 101-6003-60118 101-7001-60104 101-7002-60183 Grand Total: Account Summary Account Name LT Care Insurance Pay United Way Deductions Garnishments Payable Parking Violations Office Supplies Office Supplies Consultants Office Supplies Professional Coffee Mobile/Cell Phones Utilities - Electricity Utilities - Water Mobile/Cell Phones Boys & Girls Club Health Department Office Supplies Utilities - Electricity Water- Inside Special Events Rental Expense Materials - Irrigation & L Utilities - Electric - Monti Utilities - Electric - Civic Utilities - Electric - Pione Utilities - Electric - Fritz Utilities - Electric - Sport Utilities - Electric - Com Utilities - Electric -Adam Utilities - Electric - Velas Utilities - Electric - Eisen Utilities - Electric- Deser Utilities - Water -Eisenho Utilities - Water -Fritz Bu Utilities - Water -Velasco Utilities - Water -Desert Utilities - Water -Adams Economic Development/ Technical Utilities - Electricity Utilities - Water Office Supplies Plan Check Consultants Map/Plan Checking Expense Amount 72,450.35 1,295.72 1,883.09 29,268.96 6,281.25 12,162.94 5,350.00 160,172.59 288,864.90 Expense Amount 144.16 40.00 517.52 65.00 3.23 22.68 40.00 53.16 101.03 6.63 1,503.97 906.92 45.90 773.75 18,395.75 425.00 22.67 1,546.35 361.00 5,178.44 928.00 964.10 13.50 2,597.48 55.61 1,116.74 4,034.46 4,334.43 66.13 17.01 20.53 13.50 27.96 583.12 29.08 94.06 443.48 320.55 122.50 5,325.41 223.48 178.20 1,557.50 2,610.00 14,415.00 Report Summary 3/28/2016 2:24:11 PM Page 3 of 4 87 Demand Register Packet: APPKT00675 - SHM 3/11/16 Account Summary Account Number Account Name Expense Amount 101-7006-43132 Vacant Land Dust Contro 30.36 101-7006-60104 Consultants 2,175.00 201-7003-56430 Barricades 55.94 201-7003-56490 Asphalt 525.77 201-7003-61101 Utilities - Electricity 714.01 202-3004-61101 Utilities - Electricity 1,883.09 215-7004-60104 Consultants 6,930.00 215-7004-61116 Utilities - Electric - Signal 7,181.18 215-7004-61117 Utilities - Electric - Medi 3,868.62 215-7004-61211 Utilities - Water - Media 11,289.16 241-9101-60103 Professional 6,281.25 248-0000-60185 Design 12,162.94 270-0000-43550 APP 5,350.00 401-0000-60103 Professional 30,882.41 401-0000-60108 Technical 3,087.00 401-0000-60185 Design 3,782.02 401-0000-60188 Construction 122,421.16 Grand Total: 288,864.90 Project Account Summary Project Account Key Expense Amount **None** 116,529.37 060706P 937.50 091002D 870.00 091004D 1,538.32 091004P 2,787.50 111205P 3,835.00 121307CT 47,329.45 121307P 3,670.00 131402CT 75,091.71 131402P 1,595.00 131412T 3,087.00 141504P 6,979.92 141512P 435.00 151602P 1,885.00 151603P 580.00 151604D 1,373.70 151604P 7,319.99 151606P 760.00 151613P 97.50 999901D 12,162.94 Grand Total: 288,864.90 3/28/2016 2:24:11 PM :: Page 4 of 4 Demand Register �`- City of La Quinta, CA Packet: APPKT00677 - SHM 3/11/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND AGUILERA'S LANDSCAPE 110362 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 250.00 AMERICAN AWNING INC 110364 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 40.00 AMERICAN FORENSIC NURSE 110365 03/11/2016 BLOOD ALCOHOL 101-2001-36310 100.00 BAGGETTA, MICHAEL 110368 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 15.00 BIO-TOX LABORATORIES 110369 03/11/2016 BLOOD ALCOHOL 101-2001-36310 221.80 BIO-TOX LABORATORIES 110369 03/11/2016 BLOOD ALCOHOL 101-2001-36310 452.00 BUCATINI LA QUINTA LLC 110370 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 100.00 CARSON CORBETT LLC 110372 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 46.00 CONSERVE LANDCARE 110373 03/11/2016 FB PARK -MAIN LINE REPAIR 101-3005-60424 354.26 D & T REMODELING 110374 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 180.00 DAIOHS FIRST CHOICE SERVI 110375 03/11/2016 COFFEE SUPPLIES 101-1007-60403 106.99 DEPARTMENT OF JUSTICE 110376 03/11/2016 BLOOD ALCOHOL 101-2001-36310 35.00 DEPARTMENT OF JUSTICE 110376 03/11/2016 BLOOD ALCOHOL 101-2001-36310 35.00 DIAN CABINET COMPANY 110377 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 40.00 DOOR TECH, LLC 110378 03/11/2016 PERVENTATIVE MAINT 101-3002-60691 350.00 DRIVER, DARRELL & AMBER 110379 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 15.00 HERNANDEZ-GAONA, ALICE 110380 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 15.00 LIFELOC TECHNOLOGIES 110383 03/11/2016 ALCOHOL BREATH TESTERS 101-2001-60175 255.41 MAPLE LEAF PLUMBING 110384 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 50.00 OFFICE DEPOT 110386 03/11/2016 OFFICE SUPPLIES 101-3001-60400 35.63 OFFICE DEPOT 110386 03/11/2016 OFFICE SUPPLIES 101-6001-60400 117.07 OFFICE DEPOT 110386 03/11/2016 PAPER 101-1007-60402 118.67 RESORT PARKING SERVICES 110389 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 36.00 SHARK POOLS INC 110390 03/11/2016 MAR-FB POOL 101-3001-60184 488.75 SHARK POOLS INC 110390 03/11/2016 FB POOL HYPOCLORIDE TBLT 101-3001-60184 407.90 SHARK POOLS INC 110390 03/11/2016 MAR-LQ PARK WATER FT 101-3005-60554 295.00 STAPLES ADVANTAGE 110393 03/11/2016 PRINTER INK 101-2001-60420 70.19 STAPLES ADVANTAGE 110393 03/11/2016 OFFICE SUPPLIES 101-1006-60400 32.93 TYCO INTEGRATED SECURITY 110396 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 30.00 UTOPHIAN LVH INC 110397 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 25.00 VALLEY GLASS CO 110398 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 4.00 VERIZON CALIFORNIA 110399 03/11/2016 FEB-LQ PARK 101-3005-60554 91.21 VERIZON CALIFORNIA 110399 03/11/2016 T1 POLICE SUB 2/4-3/3 101-2001-61300 304.51 VINTAGE E & S INC 110401 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 175.00 WATERLOGIC USA FINANCE I 110402 03/11/2016 FEB-WATER COOLER 101-1007-60404 226.80 WELLNESS WORKS 110403 03/11/2016 FEB-EAP 101-1004-60104 231.00 WHITEHEAD SCOTT, SAMUEL 110404 03/11/2016 REFUND OVERPAYMENT 101-0000-42300 18.00 Fund 101- GENERAL FUND Total: 5,369.12 Fund: 201- GAS TAX FUND AMERICAN TRAFFIC SAFETY 110366 03/11/2016 TRFF REG 43917/43918 201-7003-60320 740.00 AUTOZONE 110367 03/11/2016 MATERIAL 201-7003-60431 13.82 CAL STRIPE INC 110371 03/11/2016 CALLE MADRID STRIPING 201-7003-60141 5,425.00 INLAND POWER EQUIPMENT 110381 03/11/2016 TAMPER REPAIR 201-7003-60431 109.46 Fund 201- GAS TAX FUND Total: 6,288.28 Fund: 202 - LIBRARY FUND ALL VALLEY APPLIANCE INC 110363 03/11/2016 LIBRARY FRIG REPAIRS 202-3004-60691 194.78 VERIZON CALIFORNIA 110399 03/11/2016 MUSEUM 2/13-3/12 202-3006-61300 112.96 Fund 202 - LIBRARY FUND Total: 307.74 Fund: 215 - LIGHTING & LANDSCAPING FU AUTOZONE 110367 03/11/2016 IRRIGATION 215-7004-60431 7.98 SMITH PIPE & SUPPLY CO 110392 03/11/2016 IRRIGATION MATERIAL 215-7004-60431 73.15 3/28/2016 2:23:38 PM Page 1 of 3 :' Demand Register Packet: APPKT00677 - SHM 3/11/16 Vendor Name Payment Number Payment Date Description (Payable) Accpunt Number Amount VINTAGE ASSOCIATES 110400 03/11/2016 PLANT REPLACEMENT 215-7004-60420 100.84 Fund 215 - LIGHTING & LANDSCAPING FU Total: 181.97 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN TALL MAN GROUP INC 110394 03/11/2016 DEC -SA REAL ESTATE SVC 237-9001-60104 787.50 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 787.50 Fund: 248 - SA 2004 LO/MOD BOND FUND TALL MAN GROUP INC 110394 03/11/2016 WASHINGTON ST APR 248-0000-60185 990.00 TALL MAN GROUP INC 110394 03/11/2016 WASHINGTON ST APT 248-0000-60185 6,305.00 Fund 248 - SA 2004 LO/MOD BOND FUND Total: 7,295.00 Fund: 401- CAPITAL IMPROVEMENT PROGR KIRKPATRICK LANDSCAPING 110382 03/11/2016 YMCASOD 401-0000-60188 13,427.72 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 13,427.72 Fund: 501- EQUIPMENT REPLACEMENT MOUNTAIN VIEW TIRE 110385 03/11/2016 '06 DODGE -BRAKE SVC 501-0000-60676 848.05 PALM SPRINGS MOTORSPOR 110387 03/11/2016 '05 HONDA MAINT 501-0000-60679 763.53 Fund 501- EQUIPMENT REPLACEMENT Total: 1,611.58 Fund: 502 - INFORMATION TECHNOLOGY PLUG & PAY TECHNOLOGIES I 110388 03/11/2016 JAN-CREDIT CARD FEES 502-0000-60420 33.82 SIGMANET 110391 03/11/2016 FEB-RIM MANAGE 502-0000-60104 13,050.00 TIME WARNER CABLE 110395 03/11/2016 MAR -CITY HALL CABLE 502-0000-60108 97.36 Fund 502 - INFORMATION TECHNOLOGY Total: 13,181.18 Grand Total: 48,450.09 3/28/2016 2:23:38 PM Page 2 of 3 90 Demand Register Fund Summary Fund Expense Amount 101- GENERAL FUND 5,369.12 201 - GAS TAX FUND 6,288.28 202 - LIBRARY FUND 307.74 215 - LIGHTING & LANDSCAPING FU 181.97 237 - SUCCESSOR AGCY PA 1 ADMIN 787.50 248 - SA 2004 LO/MOD BOND FUND 7,295.00 401- CAPITAL IMPROVEMENT PROGR 13,427.72 501- EQUIPMENT REPLACEMENT 1,611.58 502 - INFORMATION TECHNOLOGY 13,181.18 Grand Total: 48,450.09 Account Summary Account Number Account Name Expense Amount 101-0000-42300 Cash Over/Short 1,039.00 101-1004-60104 Consultants 231.00 101-1006-60400 Office Supplies 32.93 101-1007-60402 Forms 118.67 101-1007-60403 Coffee 106.99 101-1007-60404 Bottled Water 226.80 101-2001-36310 Blood/Alcohol Testing 843.80 101-2001-60175 Special Enforcement Fun 255.41 101-2001-60420 Operating Supplies 70.19 101-2001-61300 Utilities -Telephone 304.51 101-3001-60184 Fritz Burns Park 896.65 101-3001-60400 Office Supplies 35.63 101-3002-60691 Repair & Maintenance 350.00 101-3005-60424 Materials - Irrigation & L 354.26 101-3005-60554 LQ Park Building 386.21 101-6001-60400 Office Supplies 117.07 201-7003-60141 Street Striping 5,425.00 201-7003-60320 Travel &Training 740.00 201-7003-60431 Materials 123.28 202-3004-60691 Repair & Maintenance 194.78 202-3006-61300 Utilities - Telephone 112.96 215-7004-60420 Operating Supplies 100.84 215-7004-60431 Materials 81.13 237-9001-60104 Consultants 787.50 248-0000-60185 Design 7,295.00 401-0000-60188 Construction 13,427.72 501-0000-60676 Vehicle Repair & Mainte 848.05 501-0000-60679 Motorcycle Repair & Ma 763.53 502-0000-60104 Consultants 13,050.00 502-0000-60108 Technical 97.36 502-0000-60420 Operating Supplies 33.82 Grand Total: 48,450.09 Project Account Summary Project Account Key Expense Amount **None** 27,727.37 141501CT 13,427.72 999901D 7,295.00 Grand Total: 48,450.09 Packet: APPKT00677 - SHM 3/11/16 Report Summary 3/28/2016 2:23:38 PM 91 Page 3 of 3 Demand Register City of La quinta, CA Packet: APPKT00681- SHM 3/18/16 A. Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ANSAFONE CONTACT CENTE 110406 03/18/2016 FEB-ANSWERING SVC 101-7006-60104 248.28 AUDIO VISUAL MEETING PR 110408 03/18/2016 COUNCIL MEETING AUDIO 101-3007-60461 1,600.00 CALDERON, CHRISTINA 110411 03/18/2016 REIMB-CPRSC LONG BEACH 101-3007-60320 328.90 CALIFORNIA GOVERNOR'S 0 110412 03/18/2016 EMERG PLANNING TUITION 101-2002-60320 500.00 CARTER, ANDREA & ASSOCIA 110413 03/18/2016 DEC-JAN MKTING/PR SVC 101-3007-60462 800.00 CARTER, ANDREA & ASSOCIA 110413 03/18/2016 FEB-PUBLIC RELATIONS SVC 101-3007-60462 1,500.00 CARTER, ANDREA & ASSOCIA 110413 03/18/2016 MAR -PUBLIC RELATIONS SVC 101-3007-60462 2,250.00 COACHELLA VALLEY CONSER 110416 03/18/2016 MITIGATION FEE 101-0000-20310 11,709.00 COACHELLA VALLEY CONSER 110416 03/18/2016 MITIGATION FEE 101-0000-43631 -117.09 COACHELLA VALLEY WATER 110417 03/18/2016 WATER SERVICES 101-3005-61201 2,147.55 COACHELLA VALLEY WATER 110417 03/18/2016 WATER SERVICES 101-3005-61202 4,350.10 COACHELLA VALLEY WATER 110417 03/18/2016 WATER SERVICES 101-3005-61207 209.89 COACHELLA VALLEY WATER 110417 03/18/2016 WATER SERVICES 101-3005-61209 2,948.08 COACHELLA VALLEY WATER 110417 03/18/2016 WATER SERVICES 101-7006-60146 412.85 CONSERVE LANDCARE 110418 03/18/2016 MAR -LANDSCAPING MAINT 101-3005-60108 28,575.00 DAIOHS FIRST CHOICE SERVI 110419 03/18/2016 COFFEE SUPPLY 101-1007-60403 172.49 DE MARCO, CHRISTIAN 110421 03/18/2016 REIMB TUITION 101-1004-60322 2,500.00 FIRST CHOICE A/C & HEATIN 110424 03/18/2016 FS#32 BLOWER FAN MOTOR 101-2002-60670 713.00 GAS COMPANY, THE 110426 03/18/2016 FS#32 GAS 1/25-2/24 101-2002-61100 225.01 GAS COMPANY, THE 110426 03/18/2016 CITY HALL 1/25-2/24 101-3008-61100 652.61 GAS COMPANY, THE 110426 03/18/2016 WELLNESS CTR 1/25-2/24 101-3002-61100 195.43 GAS COMPANY, THE 110426 03/18/2016 FS#93 GAS 2/1-3/2 101-2002-61100 76.37 GOLDEN TOUCH CLEANING 1 110427 03/18/2016 FEB-JANITORIAL 101-3008-60115 8,385.00 IMPERIAL IRRIGATION DIST 110429 03/18/2016 ELECTRICITY SERVICE 101-3005-61108 539.14 INNOVATIVE DOCUMENT SO 110431 03/18/2016 DEC-FEB CONTRACT CHARGE 101-1007-60662 6,670.89 JNS MEDIA SPECIALISTS 110432 03/18/2016 MARKETING SERVICE 101-3007-60461 10,000.74 LA QUINTA FARMS LLC 110433 03/18/2016 MAR-SRR LNDSCP/PM10 101-7006-60146 23,339.46 LEAGUE OF CALIFORNIA CITI 110434 03/18/2016 STREETS/ROADS NEEDS ASSE 101-1002-60351 400.00 LOVARC 110435 03/18/2016 EMERG PLN-MEALS 101-2002-60320 22.00 OFFICE DEPOT 110438 03/18/2016 BCARDS-GIL V 101-1002-60410 60.54 PSOMAS INC 110440 03/18/2016 JAN-CONST INSPECTIONS 101-7006-60104 18,110.40 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60161 562,525.52 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60162 11,622.12 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60163 143,418.62 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60164 45,720.04 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60166 11,132.80 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60167 11,132.80 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60169 68,850.41 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60170 31,254.40 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60171 17,584.00 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60172 34,734.88 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60178 300.42 RIVERSIDE COUNTY SHERIFF 110441 03/18/2016 POLICE SVC 11/12/15-12/09/ 101-2001-60179 17,781.85 ROJAS, MIGUEL ANGEL 110443 03/18/2016 INSTRUCTOR PAYMENT 101-3003-60107 1,855.01 STAPLES ADVANTAGE 110448 03/18/2016 OFFICE SUPPLIES 101-1004-60400 21.59 STAPLES ADVANTAGE 110448 03/18/2016 OFFICE SUPPLIES 101-3001-60400 11.87 STAPLES ADVANTAGE 110448 03/18/2016 OFFICE SUPPLIES 101-6001-60400 134.98 STAPLES ADVANTAGE 110448 03/18/2016 OFFICE SUPPLIES 101-1004-60400 67.38 TURN OF THE CENTURY PEST 110454 03/18/2016 REFUND OVERPAYMENT 101-0000-42300 36.00 VERIZON CALIFORNIA 110456 03/18/2016 MAR -LA QUINTA PARK 101-3005-60554 47.00 VIATRON SYSTEMS INC 110457 03/18/2016 SCANNING 101-1005-60103 5,409.55 VINTAGE ASSOCIATES 110458 03/18/2016 SEELY ROUNDABOUT ART LN 101-3005-60113 1,600.00 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-1002-60320 532.13 3/28/2016 2:23:00 PM Page 1 of 5 92 Demand Register Packet: APPKT00681- SHM 3/18/16 Vendor Name, Payment Number Payment Date Description (Payable) Account Number Amount WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-1002-60400 185.44 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-1002-60410 380.43 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-1002-60420 609.81 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-1004-60320 121.59 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-1004-60450 -30.00 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-2001-60175 1,674.00 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-3001-60400 13.50 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-3007-60320 1,223.51 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-3007-60352 50.00 WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 101-7002-60320 30.00 WILSON, RICHARD ELECTRIC 110460 03/18/2016 WALKWAY LIGHT 101-3008-60691 387.42 Fund 101- GENERAL FUND Total: 1,099,944.71 Fund: 201- GAS TAX FUND AUTOZONE 110409 03/18/2016 VACUUM CAP 201-7003-60431 2.37 HD SUPPLY CONSTRUCTION 110428 03/18/2016 MATERIAL 201-7003-60431 112.42 HD SUPPLY CONSTRUCTION 110428 03/18/2016 MATERIAL 201-7003-60431 23.64 HD SUPPLY CONSTRUCTION 110428 03/18/2016 STRIPING 201-7003-60141 1,228.09 MOWERS PLUS INC 110437 03/18/2016 CHAIN SAW LOOPS 201-7003-60431 151.29 PROPER SOLUTIONS INC 110439 03/18/2016 TEMP STAFFING WKEND 2/1 201-7003-60125 255.30 SOUTHWEST BOULDER & ST 110446 03/18/2016 BASIN RETENTION 201-7003-60431 12,342.82 SPARKLETTS 110447 03/18/2016 DRINKING WATER 201-7003-60400 225.79 SPARKLETTS 110447 03/18/2016 DRINKING WATER 201-7003-60400 67.66 TOPS'N BARRICADES INC 110452 03/18/2016 SIGNS/BARRICADES 201-7003-60429 540.74 TOPS'N BARRICADES INC 110452 03/18/2016 SIGNS 201-7003-60429 328.70 TOPS'N BARRICADES INC 110452 03/18/2016 STRIPING 201-7003-60141 275.40 TOPS'N BARRICADES INC 110452 03/18/2016 PAINT LEGENDS 201-7003-60433 192.78 TOPS'N BARRICADES INC 110452 03/18/2016 SIGNS 201-7003-60429 154.22 TOPS'N BARRICADES INC 110452 03/18/2016 PAVEMENT MARKER 201-7003-60431 183.60 TOPS'N BARRICADES INC 110452 03/18/2016 SIGN MATERIAL 201-7003-60429 178.20 Fund 201- GAS TAX FUND Total: 16,263.02 Fund: 202 - LIBRARY FUND CONSERVE LANDCARE 110418 03/18/2016 MAR -LANDSCAPING MAINT 202-3004-60112 1,575.00 CONSERVE LANDCARE 110418 03/18/2016 MAR -LANDSCAPING MAINT 202-3006-60108 1,115.00 GAS COMPANY, THE 110426 03/18/2016 LIBRARY 1/25-2/24 202-3004-61100 441.24 MAGIK ENTERPRISES, INC. 110436 03/18/2016 LIBRARY DOOR REPAIR 202-3004-60665 362.00 Fund 202 - LIBRARY FUND Total: 3,493.24 Fund: 215 - LIGHTING & LANDSCAPING FU AUTOZONE 110409 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 11.97 AUTOZONE 110409 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 38.96 AUTOZONE 110409 03/18/2016 ELECTRICAL BULBS 215-7004-60431 12.46 CONSERVE LANDCARE 110418 03/18/2016 MAR -LANDSCAPING MAINT 215-7004-60189 5,815.00 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 98.28 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 17.60 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 51.73 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 72.12 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 116.70 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 189.96 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 14.45 DESERT ELECTRIC SUPPLY 110423 03/18/2016 ELECTRICAL MATERIAL 215-7004-60431 106.95 VERIZON CALIFORNIA 110456 03/18/2016 VERIZON 2/7-3/6 215-7004-60189 56.67 VERIZON CALIFORNIA 110456 03/18/2016 VERIZON 2/10-3/9 215-7004-60189 36.73 VERIZON CALIFORNIA 110456 03/18/2016 TRFF SIGNAL 2/25-3/24 215-7004-61116 38.33 VERIZON CALIFORNIA 110456 03/18/2016 MAR-TRFF SIGNAL 215-7004-61116 49.42 VINTAGE ASSOCIATES 110458 03/18/2016 PLANTS 215-7004-60420 20.47 VINTAGE ASSOCIATES 110458 03/18/2016 SEELY ROUNDABOUT ART LN 215-7004-60189 6,000.00 VINTAGE ASSOCIATES 110458 03/18/2016 PLANTS 215-7004-60420 243.49 Fund 215 - LIGHTING & LANDSCAPING FU Total: 12,991.29 Fund: 218 - CV VIOLENT CRIME TASK FOR AREVALOS CAMPOS, ROSAU 110407 03/18/2016 FEB-JANITORIAL 218-0000-60115 200.00 3/28/2016 2:23:00 PM _ _ ........ __.__ Page 2 of 5 93 Demand Register Packet: APPKT00681- SHIM 3/18/16 Vendor Name Payment Numl;er Payment Date Description (Payable) Account Number Amount BURRTEC WASTE & RECYCLI 110410 03/18/2016 MAR -TRASH SVC 218-0000-61501 85.61 CLASSIC AUTO TRANSPORT 110414 03/18/2016 TIRE CHANGE JABG VAN 218-0000-60665 75.00 IMPERIAL IRRIGATION -GANG 110430 03/18/2016 ELECTRICITY 1/28-2/29 218-0000-61101 278.09 STAPLES GANG TASK FORCE 110449 03/18/2016 OFFICE SUPPLIES 218-0000-60400 357.80 STAPLES GANG TASK FORCE 110449 03/18/2016 OFFICE SUPPLIES 218-0000-60400 353.14 TAPP, MICHAEL 110451 03/18/2016 EVIDENCE/INFO EXP 218-0000-60420 140.00 VERIZON CA - GANG TASK FO 110455 03/18/2016 PHONE SVC 2/22-3/21 218-0000-61300 402.92 Fund 218 - CV VIOLENT CRIME TASK FOR Total: 1,892.56 Fund: 224 - TUMF COACHELLA VALLEY ASSOC 0 110415 03/18/2016 FEB-TUMF FEE 224-0000-20320 20,211.84 Fund 224 - TUMF Total: 20,211.84 Fund: 241- HOUSING AUTHORITY PA1 STUDIOCARPRARO.COM 110450 03/18/2016 PA1 HOUSING SUCESSOR RP 241-9101-60103 337.50 Fund 241- HOUSING AUTHORITY PA1 Total: 337.50 Fund: 248 - SA 2004 LO/MOD BOND FUND ALTUM GROUP, THE 110405 03/18/2016 ENGINEERING SVC 248-0000-60185 9,640.00 Fund 248 - SA 2004 LO/MOD BOND FUND Total: 9,640.00 Fund: 270 - ART IN PUBLIC PLACES FUND VINTAGE ASSOCIATES 110458 03/18/2016 SEELY ROUNDABOUT ART LN 270-0000-74800 4,500.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 4,500.00 Fund: 401- CAPITAL IMPROVEMENT PROGR DDL TRAFFIC INC. 110420 03/18/2016 BATTERIES BERMUDAS/52 401-0000-60188 756.00 DDLTRAFFIC INC. 110420 03/18/2016 BATTERIES-DPALMS/VCORAL 401-0000-60188 756.00 DESERT CONCEPTS CONSTRU 110422 03/18/2016 RECEPTION SWING GATE 401-0000-60185 2,100.00 DESERT CONCEPTS CONSTRU 110422 03/18/2016 SUBSTATION SWINGGATE 401-0000-60185 2,380.00 DESERT CONCEPTS CONSTRU 110422 03/18/2016 SUBSTATION COUNTER TILE 401-0000-60185 550.00 PSOMAS INC 110440 03/18/2016 JAN-CONST INSPECTIONS 401-0000-60108 5,913.60 ROADWAY ENGINEERING & C 110442 03/18/2016 PARKS ADA IMPROVEMENTS 401-0000-60188 103,021.80 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 115,477.40 Fund: 501- EQUIPMENT REPLACEMENT FU E LMAN 110425 03/18/2016 FEB-FUEL 501-0000-60674 459.80 RON'S TOWING & STORAGE 110444 03/18/2016 TK#42TOWING 501-0000-60675 115.00 SOUTHERN CALIFORNIA GAS 110445 03/18/2016 FEB-FUEL 501-0000-60678 240.76 TOWER ENERGY GROUP 110453 03/18/2016 FUEL 2/1-15/16 501-0000-60674 1,599.85 Fund 501- EQUIPMENT REPLACEMENT Total: 2,415.41 Fund: 502 - INFORMATION TECHNOLOGY WELLS FARGO BUSINESS CAR 110459 03/18/2016 VISA CARD PYMT 1/26-2/29 502-0000-80100 1,246.54 Fund 502 - INFORMATION TECHNOLOGY Total: 1,246.54 Grand Total: 1,288,413.51 3/28/2016 2:23:00 PM Page 3 of 5 94 Demand Register Packet: APPKT00681- SHIM 3/18/16 Fund Summary Fund 101-GENERAL FUND 201 - GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 218 - CV VIOLENT CRIME TASK FOR 224 - TUMF 241- HOUSING AUTHORITY PA1 248 - SA 2004 LO/MOD BOND FUND 270-ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20310 101-0000-42300 101-0000-43631 101-1002-60320 101-1002-60351 101-1002-60400 101-1002-60410 101-1002-60420 101-1004-60320 101-1004-60322 101-1004-60400 101-1004-60450 101-1005-60103 101-1007-60403 101-1007-60662 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60166 101-2001-60167 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-2001-60175 101-2001-60178 101-2001-60179 101-2002-60320 101-2002-60670 101-2002-61100 101-3001-60400 101-3002-61100 101-3003-60107 101-3005-60108 101-3005-60113 101-3005-60554 101-3005-61108 101-3005-61201 101-3005-61202 101-3005-61207 Grand Total: Account Summary Account Name MSHCP Mitigation Fee Cash Over/Short CVMSHCP Admin Fee Travel & Training Membership Dues Office Supplies Printing Operating Supplies Travel & Training Training & Education/M Office Supplies Advertising Professional Coffee Copiers Sheriff - Patrol Patrol Deputy Overtime Target Team Community Services Offi Gang Task Force Narcotics Task Force Motor Officer Dedicated Sargeant Dedicated Lieutenant Sheriff - Mileage Special Enforcement Fun COPS Robbery Preventio COPS Burglary/Theft Pre Travel & Training Fire Station Utilities - Gas Office Supplies Utilities - Gas Instructors Technical Landscape Improvement LQ Park Building Utilities - Electric - Colon Utilities - Water -Montic Utilities - Water - Civic C Utilities - Water -Pioneer Expense Amount 1,099,944.71 16,263.02 3,493.24 12,991.29 1,892.56 20,211.84 337.50 9,640.00 4,500.00 115,477.40 2,415.41 1,246.54 1,288,413.51 Expense Amount 11,709.00 36.00 -117.09 532.13 400.00 185.44 440.97 609.81 121.59 2,500.00 88.97 -30.00 5,409.55 172.49 6,670.89 562,525.52 11,622.12 143,418.62 45,720.04 11,132.80 11,132.80 68,850.41 31, 254.40 17,584.00 34,734.88 1,674.00 300.42 17,781.85 522.00 713.00 301.38 25.37 195.43 1,855.01 28,575.00 1,600.00 47.00 539.14 2,147.55 4,350.10 209.89 Report Summary 3/28/2016 2:23:00 PM 95 Page 4 of 5 Demand Register Packet: APPKT00681- SHM 3/18/16 Account Summary Account Number Account Name Expense Amount 101-3005-61209 Utilities - Water-Commu 2,948.08 101-3007-60320 Travel & Training 1,552.41 101-3007-60352 Subscriptions & Publicati 50.00 101-3007-60461 Economic Development/ 11,600.74 101-3007-60462 Media 4,550.00 101-3008-60115 Janitorial 8,385.00 101-3008-60691 Repair & Maintenance 387.42 101-3008-61100 Utilities - Gas 652.61 101-6001-60400 Office Supplies 134.98 101-7002-60320 Travel & Training 30.00 101-7006-60104 Consultants 18,358.68 101-7006-60146 PM 10 SilverRock 23,752.31 201-7003-60125 Temporary Agency Servi 255.30 201-7003-60141 Street Striping 1,503.49 201-7003-60400 Office Supplies 293.45 201-7003-60429 Signs 1,201.86 201-7003-60431 Materials 12,816.14 201-7003-60433 Paint/Legends 192.78 202-3004-60112 Landscape Contract 1,575.00 202-3004-60665 Maint-Other Equipment 362.00 202-3004-61100 Utilities - Gas 441.24 202-3006-60108 Technical 1,115.00 215-7004-60189 Technical 11,908.40 215-7004-60420 Operating Supplies 263.96 215-7004-60431 Materials 731.18 215-7004-61116 Utilities - Electric - Signal 87.75 218-0000-60115 Janitorial 200.00 218-0000-60400 Office Supplies 710.94 218-0000-60420 Operating Expenses 140.00 218-0000-60665 Maint.-Other Equipment 75.00 218-0000-61101 Electricity 278.09 218-0000-61300 Utilities -Telephone 402.92 218-0000-61501 Refuse Collection 85.61 224-0000-20320 TUMF Payable to CVAG 20,211.84 241-9101-60103 Professional 337.50 248-0000-60185 Design 9,640.00 270-0000-74800 Art Purchases 4,500.00 401-0000-60108 Technical 5,913.60 401-0000-60185 Design 5,030.00 401-0000-60188 Construction 104,533.80 501-0000-60674 Fuel & Oil 2,059.65 501-0000-60675 Parts & Maintenance Su 115.00 501-0000-60678 Street Sweeper 240.76 502-0000-80100 Machinery & Equipment 1,246.54 Grand Total: 1,288,413.51 Project Account Summary Project Account Key Expense Amount **None** 1,172,936.11 131402CT 103,021.80 131407CT 1,512.00 141501T 5,913.60 999903D 5,030.00 Grand Total: 1,288,413.51 3/28/2016 2:23:00 PM Page 5 of 5 96 ,•--� 1, City of La Quinta, CA Vendor Name Payment Number Fund: 101-GENERAL FUND SILVERROCK RESORT 110463 SILVERROCK RESORT 110463 SILVERROCK RESORT 110463 SILVERROCK RESORT 110463 SILVERROCK RESORT 110463 Fund: 215 - LIGHTING & LANDSCAPING FU KIRKPATRICK LANDSCAPING 110462 Fund: 401- CAPITAL IMPROVEMENT PROGR BANG INC, DAVE 110461 BANG INC, DAVE 110461 BANG INC, DAVE 110461 Demand Register Packet: APPKT00683 - SHM 3/22/16 Payment Date Description (Payable) Account Number Amount 03/22/2016 FEB'16 SALES TAX 101-0000-20304 61.00 03/22/2016 FEB'16 SALES TAX 101-3002-60420 89.00 03/22/2016 FEB'16 SALES TAX 101-3003-60149 15.00 03/22/2016 FEB'16 SALES TAX 101-3007-60461 178.00 03/22/2016 FEB'16 SALES TAX 101-7002-60320 91.00 Fund 101- GENERAL FUND Total: 434.00 03/22/2016 MAR -LANDSCAPING SVC 215-7004-60189 38,211.08 Fund 21S - LIGHTING & LANDSCAPING FU Total: 38,211.08 03/22/2016 CMAS PLAYGROUND EQUIP 401-0000-60188 69,495.21 03/22/2016 CMAS PLAYGROUND EQUIP 401-0000-60188 32,156.38 03/22/2016 CMAS PLAYGROUND EQUIP 401-0000-60188 38,574.81 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 140,226.40 Grand Total: 178,871.48 3/28/2016 2:22:36 PM Page 1 of 2 97 Demand Register Fund Summary Fund Expense Amount 101- GENERAL FUND 434.00 215 - LIGHTING & LANDSCAPING FU 38,211.08 401- CAPITAL IMPROVEMENT PROGR 140,226.40 Grand Total: 178,871.48 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 61.00 101-3002-60420 Operating Supplies 89.00 101-3003-60149 Special Events 15.00 101-3007-60461 Economic Development/ 178.00 101-7002-60320 Travel & Training 91.00 215-7004-60189 Technical 38,211.08 401-0000-60188 Construction 140,226.40 Grand Total: 178,871.48 Project Account Summary Project Account Key Expense Amount **None** 38,645.08 131402CT 140,226.40 Grand Total: 178,871.48 Packet: APPKT00683 - SHIM 3/22/16 Report Summary 3/28/2016 2:22:36 PM Page 2 of 2 Demand Register City of La Quinta, c,4 Packet: APPKT00688 - SHM 3/25/16 4 h Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND 12MILESOUT.COM 110464 03/25/2016 COUNCIL MTG VIDEO 101-3008-60108 800.00 41MPRINT 110465 03/25/2016 PROMO ITEMS 101-3001-60134 377.36 ALVAREZ, MARIA ISABEL 110468 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 753.90 AMERICAN PUBLIC WORKS A 110469 03/25/2016 CORP YARD TOUR 101-7003-60320 100.00 AMERIPRIDE SERVICES INC 110470 03/25/2016 JANITORIAL EOW 3/3/16 101-3002-60115 151.58 AMERIPRIDE SERVICES INC 110470 03/25/2016 JANITORIAL EOW 3/17/16 101-3002-60115 151.58 BARNES-NEWSOME,JACQUE 110472 03/25/2016 REFUND 101-0000-42214 7.00 BAUER, FARA 110473 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 112.00 BID CLEAR WATER SOLUTION 110475 03/25/2016 CIVIC CTR LAKE MAINT 101-3005-60117 770.09 BODDEN, RENATE 110476 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 70.00 BUSINESS LICENSES LLC 110478 03/25/2016 REFUND OVERPAYMENT 101-0000-42300 100.00 CALPERS LONG-TERM CARE 110479 03/25/2016 LONG TERM CARE 101-0000-20949 144.16 CANON FINANCIAL SERVICES 110480 03/25/2016 MAR -CONTRACT CHARGE 101-1007-60662 293.54 CANON FINANCIAL SERVICES 110480 03/25/2016 MAR -CONTRACT CHARGE 101-1007-60662 1,572.94 CAPITAL ONE COMMERCIAL 110481 03/25/2016 SP-YOUTH OLYMPICS WATER 101-3003-60149 30.57 CAPITAL ONE COMMERCIAL 110481 03/25/2016 PROCLAMATION FRAMES 101-1001-60420 151.12 CASSEL, LLORA 110482 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 156.80 CASSEL, LLORA 110482 03/25/2016 INSTRUCTOR PYMT 101-3003-60107 112.00 COACHELLA VALLEY WATER 110483 03/25/2016 WATER SERVICE 101-2002-61200 59.25 COACHELLA VALLEY WATER 110483 03/25/2016 WATER SERVICE 101-7006-60146 410.54 DAIOHS FIRST CHOICE SERVI 110484 03/25/2016 COFFEE SUPPLIES 101-1007-60403 18.00 DAIOHS FIRST CHOICE SERVI 110484 03/25/2016 COFFEE SUPPLIES 101-1007-60403 17.34 DAVID, MIRIAM 110485 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 577.50 DAVID, MIRIAM 110485 03/25/2016 REFUND OVERPAYMENT 101-0000-42300 3.00 DESERT C A M 110487 03/25/2016 COUNCIL MTG 3/15/16 101-3008-60108 122.50 DESERT SANDS UNIFIED SCH 110488 03/25/2016 FACILITY RENTAL FEES 101-3001-60157 210.00 DIEBOLD INC 110489 03/25/2016 REFUND OVERPAYMENT 101-0000-42300 15.00 DUNE, CLARE 110491 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 63.00 EISENHOWER OCCUPATIONA 110492 03/25/2016 PRE -EMPLOYMENT SCREENI 101-1004-60104 115.00 ELLIOTT, MARY 110493 03/25/2016 REFUND 101-0000-42214 45.00 ENCHANTED MEMORIES PAR 110494 03/25/2016 SP EVENT -EGG HUNT BOUNC 101-3003-60149 180.00 FRANCHISE TAX BOARD 110496 03/25/2016 GARNISHMENT 101-0000-20985 125.00 GONSALVES, JOE A & SON 110500 03/25/2016 APR -LEGISLATIVE SVC 101-1002-60101 3,500.00 GUMMER, BRAD 110501 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 252.00 GUNTERSON, KRISTOPHER 110502 03/25/2016 FITNESS CTR REIMB 101-1004-60104 40.00 HALUM, AMIRAH REAL ESTAT 110503 03/25/2016 REFUND OVERPAYMENT 101-0000-41400 311.67 HEIN, SHERI 110504 03/25/2016 INSTRUCTOR PAYMENT 101-3002-60107 147.00 HINDERLITER DE LLAMAS & 110506 03/25/2016 1ST QTR SALES TAX 101-1006-60104 1,019.11 HINOS, KRISTINE 110507 03/25/2016 REFUND 101-0000-42214 21.00 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 101-2001-60175 83.59 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 101-2002-60670 25.03 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 101-3008-60691 10.77 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 101-3008-60691 5.37 INTEGRITY ELEVATOR INC 110510 03/25/2016 REFUND OVERPAYMENT 101-0000-42300 60.00 IRC INC 110511 03/25/2016 FACILITIES MAINT WERKER X 101-1004=60104 161.25 JERNIGAN'S, INC 110512 03/25/2016 SAFEY BOOSTS-VISCARRA 101-3008-60690 188.99 INS MEDIA SPECIALISTS 110513 03/25/2016 POV VIDEO COMMERCIAL#2 101-3007-60461 7,000.00 KEPLER, KRISTOFFER 110515 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 224.00 KLEIN, SANDRA 110517 03/25/2016 INSTRUCTOR PYMT 101-3003-60107 392.00 LA QUINTA ARTS FOUNDATI 110519 03/25/2016 REFUND 101-0000-22830 500.00 LA QUINTA CHAMBER OF CO 110520 03/25/2016 APR -GEM ADS 101-3007-60461 2,250.00 LASARZIG, BRENDA 110522 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 235.20 LEVINE, DAN 110523 03/25/2016 INSTRUCTOR PAYMENT 101-3003-60107 220.50 3/28/2016 2:22:03 PM Page 1 of 8 Demand Register Packet: APPKT00688 - SHIM 3/25/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/2S-2/16 101-2002-60670 1,081.34 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 101-2002-60670 15.37 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 101-3002-60116 4.06 LOWE'S HOME IMPROVEME 110524 03/2S/2016 LOWES 1/25-2/16 101-3002-60691 119.60 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 101-3004-60691 8.49 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 101-3008-60665 10.24 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 101-3008-60691 4.32 MEEDS, WAYNE 110525 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 160.00 MICHAELS, CRAIG PRODUCTI 110526 03/25/2016 SP EVENT -DJ SERVICES 101-3003-60149 550.00 MOLLINDO, RICK 110527 03/25/2016 INSTRUCTOR PYMT 101-3003-60107 175.00 OFFICE DEPOT 110531 03/25/2016 OFFICE SUPPLIES 101-1005-60400 107.99 OLALDE, MIKISHA 110532 03/25/2016 REFUND 101-0000-22830 100.00 ONTRAC 110533 03/25/2016 OVERNIGHT MAIL 101-1007-60470 37.20 RADEVA, MONIKA 110536 03/25/2016 MILEAGE/LODGING/MEALS 101-1005-60320 389.59 RADEVA, MONIKA 110536 03/25/2016 MILEAGE/LODGING/MEALS 101-1005-60330 79.16 RASA/ERIC NELSON 110538 03/25/2016 LLA 2016-001 101-7002-60183 380.00 RASA/ERIC NELSON 110538 03/25/2016 FPM 2016-0002 101-7002-60183 1,138.00 RASA/ERIC NELSON 110538 03/25/2016 LLA 2015-0012 101-7002-60183 285.00 RASA/ERIC NELSON 110538 03/25/2016 LLA 2016-0001 101-7002-60183 285.00 RIVERSIDE COUNTY SHERIFF 110540 03/25/2016 ANN'L RPT PICS 11/12/15-12 101-2001-60175 169.86 RIVERSIDE COUNTY SHERIFF' 110541 03/25/2016 ADMIN FEE/FIL 2015301706 101-0000-20985 36.00 RIVERSIDE DEPARTMENT OF 110542 03/25/2016 GARNISHMENT 101-0000-20985 200.00 ROJAS, MIGUEL ANGEL 110544 03/25/2016 INSTRUCTOR PYMT 101-3003-60107 577.33 ROYAL GYM SERVICES 110546 03/25/2016 PREVENTIVE MAINT 101-3002-60420 315.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60153 5,553.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60153 100.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60153 64.50 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60153 6,969.96 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60153 2,000.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60153 1,612.50 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60154 7,736.12 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60154 835.15 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60154 720.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60154 1,056.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60154 4,184.74 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 101-1003-60154 4,224.50 SALCEDO, KATHLEEN 110548 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 433.30 SALVADOR, YESENIA 110549 03/25/2016 REFUND OVERPAYMENT 101-0000-42300 15.00 SAM'S FENCE COMPANY 110550 03/25/2016 GATE-EISENHOWER PARK 101-3005-60423 1,500.00 SANCHEZ, LUZ IRENE 110551 03/25/2016 INSTRUCTOR PAYMENT 101-3003-60107 63.00 SCENTAIR TECHNOLOGIES IN 110552 03/25/2016 OPERATING SUPPLIES 101-3002-60420 192.25 SHIRY, TERESA 110554 03/25/2016 INSTRUCTOR PYMT 101-3003-60107 560.00 SHOVE, TED 110555 03/25/2016 TUITION REIMB 101-1004-60322 665.34 SHRED -IT USA -SAN BERNAD 110556 03/25/2016 FEB-RECYCLING LQPD 101-2001-60109 17.95 SKILL PATH SEMINARS 110558 03/25/2016 EDUCATION/TRAINING-HAN 101-3001-60320 79.60 SNYDER, JANICE 110559 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 163.20 STAPLES ADVANTAGE 110560 03/25/2016 PORTABLE PA SYSTEM 101-3003-60149 28.07 STAPLES ADVANTAGE 110560 03/25/2016 OFFICE SUPPLIES 101-1004-60400 4.83 STAPLES ADVANTAGE 110560 03/25/2016 OFFICE SUPPLIES 101-3002-60400 556.16 TAG/AMS INC 110563 03/25/2016 RANDOM DOT TESTING 101-1004-60103 84.00 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-1007-61300 570.06 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-1007-61300 499.63 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-1007-61300 50.34 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-1007-61300 395.52 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-1007-61300 284.22 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-3001-60184 47.37 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-3005-60554 236.85 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-3005-61204 47.37 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 101-6005-61300 1,084.38 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-1007-61300 570.18 3/28/2016 2:22:03 PM Page 2 of 8 100 Demand Register Packet: APPKT00688 - SHIM 3/25/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-1007-61300 284.46 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-1007-61300 500.72 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-1007-61300 398.80 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-1007-61300 50.37 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-3001-60184 47.41 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-3005-60554 237.05 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-3005-61204 47.41 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 101-6005-61300 1,085.30 TRAFFEX ENGINEERS INC 110567 03/25/2016 FEB-TRAFFIC ENGINEER 101-7006-60144 21,807.00 TRUE, ARTHUR ALLEN 110568 03/25/2016 INSTRUCTOR PYMT 101-3003-60107 199.50 ULRICH, MARGARET 110569 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 171.50 UNITED WAY OF THE DESERT 110571 03/25/2016 CONTRIBUTION 101-0000-20981 10.00 UNITED WAY OF THE DESERT 110571 03/25/2016 CONTRIBUTION 101-0000-20981 30.00 US DEPARTMENT OF EDUCAT 110572 03/25/2016 GARNISHMENT 101-0000-20985 216.18 VALLEY LOCK & SAFE 110573 03/25/2016 REFUND OVERPAYMENT 101-0000-42300 18.00 VERIZON CALIFORNIA 110574 03/25/2016 SPORTS COMPLEX 2/28-3/27 101-3005-61303 39.36 VIELHARBER, KAREN 110575 03/25/2016 INSTRUCTOR PYMT 101-3002-60107 942.38 XPRESS GRAPHICS 110578 03/25/2016 MAPS -REPRINT 101-3007-60461 621.22 Fund 101- GENERAL FUND Total: 100,603.55 Fund: 201- GAS TAX FUND FASTENAL COMPANY 110495 03/25/2016 BOLTS & NUTS 201-7003-60431 5.40 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-56490 84.48 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 36.35 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 21.57 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 17.56 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 48.56 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 34.50 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 81.55 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 32.34 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60431 35.29 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60432 29.71 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60432 48.54 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 201-7003-60433 47.27 JOHNSON MACHINERY CO. 110514 03/25/2016 EQUIPT RENTAL 201-7003-61701 749.47 MOWERS PLUS INC 110529 03/25/2016 GRINDER REPAIR 201-7003-60431 167.51 TOPS'N BARRICADES INC 110566 03/25/2016 SIGNS 201-7003-60429 86.29 UNDERGROUND SERVICE AL 110570 03/25/2016 DIG ALERTS-47 201-7003-60431 70.50 Fund 201- GAS TAX FUND Total: 1,596.89 Fund: 202 - LIBRARY FUND COACHELLA VALLEY WATER 110483 03/25/2016 WATER SERVICE 202-3006-61200 88.63 SIGMANET 110557 03/25/2016 MUSEUM WIFI ACCESS 202-3006-80100 1,950.00 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 202-3006-61300 47.37 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 202-3006-61300 47.41 Fund 202 - LIBRARY FUND Total: 2,133.41 Fund: 215 - LIGHTING & LANDSCAPING FU AIR & HOSE SOURCE, INC. 110466 03/25/2016 IRRIGATION 215-7004-60431 267.62 ALSCO INC 110467 03/25/2016 UNIFORM RENTAL EOM 2/26 215-7004-60690 88.05 ALSCO INC 110467 03/25/2016 UNIFORM RENTAL EOM 3/11 215-7004-60690 88.05 FULTON DISTRIBUTING 110497 03/25/2016 DOGGIE WASTE BAGS 215-7004-60431 70.07 FULTON DISTRIBUTING 110497 03/25/2016 DOGGIE WASTE BAGS 215-7004-60431 700.70 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60423 31.02 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60423 77.46 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60423 10.12 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60431 48.43 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60431 32.29 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60431 78.61 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60431 28.65 HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 215-7004-60431 54.31 KIRKPATRICK LANDSCAPING 110516 03/25/2016 LANDSCAPE/TREES 215-7004-60189 1,350.00 3/28/2016 2:22:03 PM Page 3 of 8 101 Demand Register Packet: APPKT00688 - SHM 3/25/16 Vendor Name , Payment Number Payment Date Description (Payable) Account Number Amount KIRKPATRICK LANDSCAPING 110516 03/25/2016 LANDSCAPE/TREES 215-7004-60189 2,970.00 LANDMARK GOLF MANAGE 110521 03/25/2016 SILVERROCK PERIMETER 215-7004-60143 5,278.00 SHARK POOLS INC 110553 03/25/2016 VONS WATER FT DRAINING 215-7004-60104 75.00 SHARK POOLS INC 110553 03/25/2016 LG'S FT DRAINING 215-7004-60104 75.00 SHARK POOLS INC 110553 03/25/2016 ESTADO/FONDA DRAINING 215-7004-60104 150.00 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 215-7004-60189 47.37 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 1/23-2/22 215-7004-60189 47.37 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 215-7004-60189 47.41 TELEPACIFIC COMMUNICATI 110564 03/25/2016 TELEPACIFIC 2/23-3/22 215-7004-60189 47.41 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 123.82 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 39.48 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 123.82 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 183.65 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 32.51 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 44.49 WALTERS WHOLESALE ELECT 110576 03/25/2016 ELECTRICAL MATERIAL 215-7004-60431 43.59 Fund 215 - LIGHTING & LANDSCAPING FU Total: 12,254.30 Fund: 221- AB 939 STAPLES ADVANTAGE 110560 03/25/2016 OFFICE SUPPLIES 221-0000-33220 67.39 Fund 221- AB 939 Total: 67.39 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 237-9001-60153 936.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 237-9001-60153 2,000.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 2,936.00 Fund: 241- HOUSING AUTHORITY PA3 RIVERSIDE ASSESSOR 110539 03/25/2016 RECORDING FEES 241-9101-60103 296.00 RIVERSIDE ASSESSOR 110539 03/25/2016 RECORDING FEES 241-9101-60103 785.00 RIVERSIDE ASSESSOR 110539 03/25/2016 RECORDING FEES 241-9101-60103 63.00 RIVERSIDE ASSESSOR 110539 03/25/2016 RECORDING FEES 241-9101-60103 360.00 RUTAN & TUCKER 110547 03/25/2016 JAN-LEGAL FEES 241-9101-60153 490.93 Fund 241- HOUSING AUTHORITY PA1 Total: 1,994.93 Fund: 270 - ART IN PUBLIC PLACES FUND BRECEDA ARROYO, RICARDO 110477 03/25/2016 ART PURCHASE 270-0000-74800 14,800.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 14,800.00 Fund: 401- CAPITAL IMPROVEMENT PROGR BENGAL ENGINEERING INC 110474 03/25/2016 DESIGN 401-0000-60185 11,120.76 DDL TRAFFIC INC. 110486 03/25/2016 EVP SENSORJEFF/VISTA GRD 401-0000-60188 459.00 DDL TRAFFIC INC. 110486 03/25/2016 EVP SENSOR ADAMS/BLKHA 401-0000-60188 459.00 GDI COMMUNICATIONS INC 110498 03/25/2016 ANTENNA CABLE 52/CETINO 401-0000-60188 316.45 GOLDEN VALLEY CONSTRUCT 110499 03/25/2016 LIBRARY PKING/LNDSCP 201 401-0000-60188 99,573.21 HEPTAGON SEVEN CONSULTI 110505 03/25/2016 DESIGN 401-0000-60185 8,882.60 HEPTAGON SEVEN CONSULTI 110505 03/25/2016 DESIGN 401-0000-60185 8,988.60 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 401-0000-60188 39.54 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 401-0000-60188 23.79 LOWE'S HOME IMPROVEME 110524 03/25/2016 LOWES 1/25-2/16 401-0000-60188 29.70 NOLTE ASSOCIATE INC 110530 03/25/2016 JAN-FB PARK ADA 2013-02 401-0000-60108 4,870.00 PLANIT REPROGRAPHICS SYS 110534 03/25/2016 CAMPUS/FS#70 2015-05/20 401-0000-60188 132.50 PLANIT REPROGRAPHICS SYS 110534 03/25/2016 CAMPUS/FS#70 2015-05/20 401-0000-60188 309.16 PLANIT REPROGRAPHICS SYS 110534 03/25/2016 FB TURF CONV. 2015-13 401-0000-60188 401.90 PLANIT REPROGRAPHICS SYS 110534 03/25/2016 MADISON MEDIANS 401-0000-60188 415.36 ROADWAY ENGINEERING & C 110543 03/25/2016 CONST SVC 2013-02 401-0000-60188 21,355.74 WALTERS WHOLESALE ELECT 110576 03/25/2016 LIGHTING SUPPLIES 401-0000-60188 202.86 Fund 401- CAPITAL IMPROVEMENT PROGR Total: 157,580.17 Fund: 501- EQUIPMENT REPLACEMENT DRTTRANSPORT 110490 03/25/2016 TK#64SWEEPER 501-0000-60678 770.10 L & L AUTOMOTIVE 110518 03/25/2016 TK#46 LOF 501-0000-60676 64.10 L & L AUTOMOTIVE 110518 03/25/2016 TK#28 LOF/TIRES/AC 501-0000-60676 1,726.28 MOUNTAIN VIEW TIRE 110528 03/25/2016 TK#48 TIRES 501-0000-60676 701.50 3/28/2016 2:22:03 PM Page 4 of 8 102 Demand Register Packet: APPKT00688 - SHM 3/25/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount POWERPLAN 110535 03/25/2016 310 BACKHOE BRAKES R&M 501-0000-60675 2,508.16 RAN AUTO DETAIL 110537 03/25/2016 CAR WASH 2/20/16 501-0000-43430 642.00 RAN AUTO DETAIL 110537 03/25/2016 CAR WASH 3/5/16 501-0000-43430 526.00 RON'S TOWING & STORAGE 110545 03/25/2016 TK#42 TOW 501-0000-60676 90.00 STONES, CAM AUTOMOTIVE 110561 03/25/2016 TK#42 WATER PUMP R&R 501-0000-60676 467.95 STONES, CAM AUTOMOTIVE 110561 03/25/2016 TK#44 LOF/SERVICE 501-0000-60676 407.53 STONES, CAM AUTOMOTIVE 110561 03/25/2016 TK#55 LOF 501-0000-60676 222.47 STONES, CAM AUTOMOTIVE 110561 03/25/2016 TK#46 RADIATOR/BRAKES 501-0000-60676 775.16 SWEEPER SHOP 110562 03/25/2016 TK#64 SWEEPER PARTS/SVC 501-0000-60678 2,119.50 SWEEPER SHOP 110562 03/25/2016 TK#64SWEEPER 501-0000-60678 67.76 Fund 501- EQUIPMENT REPLACEMENT Total: 11,088.51 Fund: 502 - INFORMATION TECHNOLOGY APPLE FINANCIAL SERVICES 110471 03/25/2016 MAR -LEASE 502-0000-80100 429.70 CAPITAL ONE COMMERCIAL 110481 03/25/2016 TV MOUNTS 502-0000-80100 938.01 HP INC 110509 03/25/2016 PLOTTER MAINTAGREEMEN 502-0000-60300 529.00 SIGMANET 110557 03/25/2016 MAR -RIM MGMT 502-0000-60104 13,050.00 TIME WARNER CABLE 110565 03/25/2016 WELLNESS CTR CABLE 3/15-4 502-0000-60108 119.52 Fund 502 - INFORMATION TECHNOLOGY Total: 15,066.23 Fund: 601- SILVER ROCK RESORT HOME DEPOT CREDIT SERVIC 110508 03/25/2016 HOME DEPOT 1/28-2/26 601-0000-60556 22.12 Fund 601- SILVER ROCK RESORT Total: 22.12 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIAL SERVIC 110577 03/25/2016 AD97-1 ADMIN 735-0000-23410 152.66 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: 152.66 Grand Total: 320,296.16 3/28/2016 2:22:03 PM Page 5 of 8 103 Demand Register Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FU 221 - AB 939 237 - SUCCESSOR AGCY PA 1 ADMIN 241 - HOUSING AUTHORITY PA1 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGR 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVER ROCK RESORT 735 - 97-1 AGENCY REDEMPTION FUND Account Number 101-0000-20949 101-0000-20981 101-0000-20985 101-0000-22830 101-0000-41400 101-0000-42214 101-0000-42300 101-1001-60420 101-1002-60101 101-1003-60153 101-1003-60154 101-1004-60103 101-1004-60104 101-1004-60322 101-1004-60400 101-1005-60320 101-1005-60330 101-1005-60400 101-1006-60104 101-1007-60403 101-1007-60470 101-1007-60662 101-1007-61300 101-2001-60109 101-2001-60175 101-2002-60670 101-2002-61200 101-3001-60134 101-3001-60157 101-3001-60184 101-3001-60320 101-3002-60107 101-3002-60115 101-3002-60116 101-3002-60400 101-3002-60420 101-3002-60691 101-3003-60107 101-3003-60149 101-3004-60691 Grand Total: Account Summary Account Name LT Care Insurance Pay United Way Deductions Garnishments Payable Miscellaneous Deposits Transient Occupancy Tax Senior Center Leisure En Cash Over/Short Operating Supplies Contract Services - Admi Attorney Attorney/Litigation Professional Consultants Training & Education/M Office Supplies Travel & Training Mileage Reimbursement Office Supplies Consultants Coffee Postage Copiers Utilities - Telephone LQ Police Volunteers Special Enforcement Fun Fire Station Utilities - Water Promotional Rent Expense Fritz Burns Park Travel & Training Instructors Janitorial Pest Control Office Supplies Operating Supplies Repair & Maintenance Instructors Special Events Repair & Maintenance Expense Amount 100,603.55 1,596.89 2,133.41 12,254.30 67.39 2,936.00 1,994.93 14,800.00 157,580.17 11,088.51 15,066.23 22.12 152.66 320,296.16 Expense Amount 144.16 40.00 577.18 600.00 311.67 73.00 211.00 151.12 3,500.00 16,299.96 18,756.51 84.00 316.25 665.34 4.83 389.59 79.16 107.99 1,019.11 35.34 37.20 1,866.48 3,604.30 17.95 253.45 1,121.74 59.25 377.36 210.00 94.78 79.60 4,461.78 303.16 4.06. 556.16 507.25 119.60 2,299.33 788.64 8.49 Packet: APPKT00688 - SHIM 3/25/16 Report Summary 3/28/2016 2:22:03 PM 104 Page 6 of 8 Demand Register Packet: APPKT00688 - SHIM 3/25/16 Account Number 101-3005-60117 101-3005-60423 101-3005-60554 101-3005-61204 101-3005-61303 101-3007-60461 101-3008-60108 101-3008-60665 101-3008-60690 101-3008-60691 101-6005-61300 101-7002-60183 101-7003-60320 101-7006-60144 101-7006-60146 201-7003-56490 201-7003-60429 201-7003-60431 201-7003-60432 201-7003-60433 201-7003-61701 202-3006-61200 202-3006-61300 202-3006-80100 215-7004-60104 215-7004-60143 215-7004-60189 215-7004-60423 215-7004-60431 215-7004-60690 221-0000-33220 237-9001-60153 241-9101-60103 241-9101-60153 270-0000-74800 401-0000-60108 401-0000-60185 401-0000-60188 501-0000-43430 501-0000-60675 501-0000-60676 501-0000-60678 502-0000-60104 502-0000-60108 502-0000-60300 502-0000-80100 601-0000-60556 735-0000-23410 Project Account Key **None** 111205D 131402CT 131402T 131407CT 141512D Account Summary Account Name Civic Center Lake Mainte Supplies -Graffiti LQ Park Building Utilities - Water -Fritz Bu Phone - Sports Complex Economic Development/ Technical Maint.-Other Equipment Uniforms Repair & Maintenance Utilities - Telephone Map/Plan Checking Travel & Training Contract Traffic Engineer PM 10 SilverRock Asphalt Signs Materials Small Tools/Equipment Paint/Legends Equipment Rental Water- Inside Utilities - Telephone Machinery & Equipment Consultants SilverRock Way Landsca Technical Supplies -Graffiti Materials Uniforms AB 939 Recycling Attorney Professional Attorney Art Purchases Technical Design Construction Car Washes Parts & Maintenance Su Vehicle Repair & Mainte Street Sweeper Consultants Technical Maintenance Agreemen Machinery & Equipment SilverRock Buildings AD Administrative fees Grand Total: Project Account Summary Expense Amount 770.09 1,500.00 473.90 94.78 39.36 9,871.22 922.50 10.24 188.99 20.46 2,169.68 2,088.00 100.00 21,807.00 410.54 84.48 86.29 551.13 78.25 47.27 749.47 88.63 94.78 1,950.00 300.00 5,278.00 4,509.56 118.60 1,872.04 176.10 67.39 2,936.00 1,504.00 490.93 14,800.00 4,870.00 28,991.96 123,718.21 1,168.00 2,508.16 4,454.99 2,957.36 13,050.00 119.52 529.00 1,367.71 22.12 152.66 320,296.16 Expense Amount 162,715.99 11,120.76 21,355.74 4,870.00 1,530.34 8,882.60 3/28/2016 2:22:03 PM Page 7 of 8 105 Demand Register Packet: APPKT00688 - SHM 3/25/16 Project Account Summary Project Account Key Expense Amount 141513CT 99,573.21 151604CT 415.36 151605CT 309.16 151606D 8,988.60 151613CT 401.90 151614CT 132.50 Grand Total: 320,296.16 3/28/2016 2:22:03 PM Page 8 of 8 106 ATTACHMENT 2 CITY OF LA QUINTA BANK TRANSACTIONS 03/05/16 - 03/25/16 03/07/16 WIRE TRANSFER - PERS/WALLY 03/10/16 WIRE TRANSFER - PERS/HYLTON 03/11 /16 WIRE TRANSFER - ICMA 03/11/16 WIRE TRANSFER - LQCEA 03/14/16 WIRE TRANSFER - DEBT SERVICE PAYMENT 03/15/16 WIRE TRANSFER - TASC 03/16/16 WIRE TRANSFER - PERS 03/18/16 WIRE TRANSFER - ICMA/DEERINGER 03/21/16 WIRE TRANSFER - LANDMARK 03/25/16 WIRE TRANSFER - ICMA 03/25/16 WIRE TRANSFER - PERS 03/25/16 WIRE TRANSFER - LQCEA TOTAL WIRE TRANSFER OUT $318.94 $1,066.18 $ 5,404.00 $391.00 $51,336.06 $754.15 $32,574.37 $ 300.00 $151,747.31 $ 5,104.00 $33,166.49 $408.00 $282,570.50 107 108 CONSENT CALENDAR ITEM NO. City of La Quinto CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: APPROPRIATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ACCEPT THE CONSTRUCTION IMPROVEMENTS FOR THE MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT, AND RATIFY PURCHASE OF PLAYGROUND EQUIPMENT FROM DAVE BANG ASSOCIATES, INC. OF CALIFORNIA RECOMMENDATION A. Appropriate $6,524.25 of Community Development Block Grant funds; B. Ratify Americans with Disabilities Act compliant playground equipment purchase for Velasco, Eisenhower and Saguaro Parks from Dave Bang Associates, Inc. in the amount of $140,226.40; C. Accept the construction improvements of the Miscellaneous Parks Americans with Disabilities Act Improvements project as 100 percent complete; D. Authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; E. Authorize staff to release retention in the amount of $14,527, thirty-five days after the Notice of Completion is recorded; and F. Authorize use of remaining Quimby funds to install the playground equipment. EXECUTIVE SUMMARY • The Miscellaneous Parks Americans with Disabilities Act (ADA) Improvements project involves seven City parks and the Museum (Attachment 1). The project entailed installing site furnishings, and reconstructing parking stalls and walkways. • On December 15, 2015, Council approved the award of contract to Roadway Engineering and Contracting, Inc. and the use of Community Development Block Grant (CDBG) funds to replace non -compliant ADA playground equipment for Velasco, Eisenhower and Saguaro Parks with the Miscellaneous Parks ADA Improvements Project. • In March 2016, staff was notified an additional $6,524.25 CDBG funds was available from the Vista Dunes Lighting Project. Staff obtained County approval to reprogram the funds to the Miscellaneous Parks ADA Improvements Project for purchasing new playground equipment. 109 Since Roadway Engineering does not have a specialty license for installing public playground equipment, staff recommends accepting the ADA improvements as complete and hiring a separate contractor to install the playground equipment (Attachment 2). FISCAL IMPACT The Miscellaneous Parks ADA Improvements Project $627,550 budget contains $204,844 of Quimby funds and $422,706 of CDBG funds. The appropriation would increase the CDBG fund balance by 1.7 percent to $429,230. The following is the accounting for this project: Original Contract Amount $ 268,048 Contract Change Order No. 1 22,480 Final Contract Amount $ 290,528 Project Budget $ 634,074 Final Contract Amount ($ 290,528) Anticipated Projected Design, Professional, & Personnel Costs ($ 65,524) Anticipated Inspection, Plans, & Other Misc. Construction Costs ($ 43,920) Playground Equipment Purchase Costs ($ 140,227) Anticipated Quimby Funds Remaining $ 93,875 * All costs to date have been accounted for and no further costs are anticipated BACKGROUND/ANALYSIS On December 15, 2015, Council awarded a contract in the amount of $268,048 to Roadway Engineering and Contracting Inc., for Project No. 2013-12. The project entailed removal and replacement of existing asphalt, concrete, sidewalks, benches, and drinking fountains at the Museum and seven parks with ADA compliant improvements and furnishings. The Notice to Proceed was issued on January 12, 2016, work commenced on January 19, 2016, and work ended on March 22, 2016. The project was deemed substantially complete on March 22, 2016, and no liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for the additional removal and replacement of existing sidewalk and asphalt, the installation of drinking fountain drywells, and a contract quantity adjustment between the bid quantities and the actual quantities installed. The project's plans, specifications and engineer's estimate did not include installation of playground equipment, thus no specialty license was required. In February 2016, staff purchased the playground equipment in order to meet the March 31, 2016 CDBG funding deadline (expend these funds by then or lose the funds). The playground equipment was scheduled for replacement in the 2016/17 CIP using City General Funds. A special license is required to install playground equipment; a contractor will be retained who has this license to install this equipment once the ADA improvements are accepted. Staff 110 recommends using the project's remaining Quimby funds to procure a licensed playground contractor(s), as CDBG funds cannot be used for equipment installation. ALTERNATIVES Since this project is funded with CDBG funds that have certain time limitations and restrictions on their use, and since the project has been constructed and reviewed for conformance to the plans and specifications, staff does not recommend any alternatives. Prepared by: Edward J. Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E. Design and Development Director/City Engineer Attachments: 1. Playground Renderings 2. Vicinity Map 111 112 — v r � Fred Wafing lDr �' Fred wiling IDr •6 Miles Aye •�:� 111 ndian Wells ountry Club Miles Age •5 Aye 48 IU 4ydPr Dr 5 La Quinta Resort & Club La Quinta• 4 M1== Gauntry Club • 3 �'� 4 ,U Red Miring Cyr l Heritage Palnls Golf Club Miles Awe 4" Indian Springs Golf Club Avenue 50 Avenue 50 T Ave eF 7f Ie Citrus rn • 8 dyverme52_ - • Avenue 52 t r. Lo Quinta °° } � Cal lerhillan Avenue 54 Calf 6ladrid Cal leTee•ci2a Celle Porrero P caIle Aei',810- v Attachment 1— Location Map Project No. 2013-02 La Quinta Miscellaneous Parks ADA Improvements 1. Velasco Park 2. Eisenhower Park 3. Seasons Park 4. Saguaro Park 5. Desert Pride Park 6. Adams Street Park 7. Fritz Burns Park 8. La Quinta Museum D t J m 113 114 ATTACHMENT 2 Since 1979 RLA"ORLD Valesco Park dave b�nq■ OPTION #1 associates, Inc■ 115 116 Aadolllon Z1�' as"= Bale eroon e C6oeaiaio/8el�e mood Oman Chocdeft w t 03904 1s r Mk Asoelate Mldmn qpL $43 Si,,,, 1979 ' PLAYWORLD Eisenhower Park slave bung r a ,rridiuedtipl.iy assoc anc.�¢S� � OPTION #2 117 118 Shown with: Posts: Bottle Green Components: Green Rotomolded Plastics: Medall Sheet Plastics: Green 2-Color Plastics: Chocol Decks: Brown Steppers: Medallion/Green Shade: Green Rope: Green a Drawing 0 C16036CH January 29, 2016 o lony Pulkrobek, Associafa Designed for children ages: 5-12 i r r o rJ c� 979 19 ' A"ORLD Saguaro Park dave ban'fhe worldneeds �ily. OPTION #1 associates, inc. 119 120 STUDY SESSION ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: DISCUSS THE DEVELOPMENT OF THE LA QUINTA XPARK RECOMMENDATION Discuss the La Quinta XPark project in north La Quinta. City Council approved exploring a state-of-the-art skate park and BMX facility (XPark) in the 2015/16 Capital Improvement Plan (CIP). In September 2015 the City distributed a Request for Qualifications (RFQ) to design, build, and operate the XPark. The RFQ responses were submitted on January 4, 2016.Only two teams provided qualified responses. The XPark selection committee (Committee) ranked the Spohn Ranch Team as the top respondent. Quimby Funds, which are generated from developer fees, in the amount of $3.4 million were approved in the 2015/16 CIP to develop the XPark. These fees can only be used for capital costs associated with park and recreational facilities, and cannot be used for maintenance and operations; staff analysis of other southern California skate parks indicate that annual operating costs may be $100,000. BACKGROUND/ANALYSIS There has been considerable discussion in the community about additional youth recreation opportunities. The City currently has two small skate parks - La Quinta Park and Fritz Burns Park - that are in need of refurbishment due to heavy usage. In 2015, a group of residents approached the Council regarding building a larger, state-of-the-art skate park. In reviewing possible locations, the Council found that City owned properties located in the neighborhoods north of Highway 111 could accommodate a larger skate park. Further, the City has Quimby Funds that were once reserved for a regional park that could be used to build a skate park. Staff posted an RFQ for the XPark on November 23, 2015. In addition, 50 RFQs were distributed to skate park developers and name brand companies. The intention was to ascertain if a private entity would lease/purchase a City site, and build and operate a facility. 121 Spohn Ranch, Grindline, and California Skate Parks expressed interest; these firms are among the top skate park development companies in the world. All three companies contacted City staff with intent to submit Statements of Qualifications (SOQ) for the RFQ. However, California Skate Parks was unable to meet the January 4, 2016, deadline. After individual review of the two submittals (Spohn Ranch and Grindline) the Committee met, reviewed, and ranked the SOQ's. Spohn Ranch was rated the top respondent based upon their development team and operations experience. Staff is currently meeting with Spohn Ranch to develop a project scope and identify suitable locations in north La Quinta. There are two possible locations; La Quinta Park, using the property reserved by the Coachella Valley Water District for a future well site and La Quinta Housing Authority property located southeast of the Westward Ho/Dune Palms Road intersection. During this phase, the City would retain Spohn Ranch to evaluate these sites and prepare concept plans; this work would be performed for less than $50,000, within the City Manager's contract authority. Upon completion of the project scoping, staff will report back to the City Council regarding the preferred site, design concepts, and contracting approach. One option entails a design/build approach. The City employed this approach when the Senior Center was expanded, refurbished and converted into the Wellness Center. Staff will also be pursuing sponsorship opportunities. This would provide revenue to fund operations and reduce City funding. Prepared by: Steve Howlett, Facilities Director Approved by: Frank Spevacek, City Manager Attachments: 1. Spohn Ranch Statement of Qualifications 2. Grindline Statement of Qualifications 122 123 GROUP DESCRIPTION SPOHN RANCH AT A GLANCE Spohn Ranch began as a community, anchored by Aaron Spohn's backyard half -pipe, and grew into an award -winning skatepark design/build firm. A cornerstone of action sports progression for over 20 years, Spohn Ranch's backyard roots have spread globally, culminating in hundreds of cutting -edge creations. From permanent skateable landscapes to innovative installations for high -profile events, Spohn Ranch has played an invaluable role in the exponential growth of action sports. In the private sector, Spohn Ranch became a household name by designing/building courses for film, television and world -class action sports competitions. In the municipal world, Spohn Ranch has consistently been a pioneering firm, most recently taking a lead role in transforming skateparks into vibrant community spaces with architectural finesse and sculptural elements that double as visual focal points. SPOHN RANCH — HISTORY The roots of Spohn Ranch date back to the days of backyard ramp building in the late 1980's, but the company was officially founded in 1992 and later incorporated in 1998. 124 SPOHN RANCH - PRESENT DAY Headquartered in Los Angeles — birthplace and continued epicenter of skateboarding industry/culture 14 in -office staff — drafters/designers, project managers, estimators and support staff 30 in -the -field staff —shotcrete nozzlemen, concrete craftsmen, carpenters and equipment operators East LA fabrication shop — 25,000 square foot space for steel fabrication and equipment/tool storage Licensed general contractor in multiple states (CA #761475) PROFESSIONAL AFFILIATIONS National Recreation & Park Association (NRPA) American Shotcrete Association (ASA) American Society of Landscape Architects (ASLA) Concrete Specifications Institute (CSI) U.S. Green Building Council (USGBC) American Society for Testing & Materials (ASTM) American Concrete Institute (ACI) World Skateboarding Federation (WSF) INSURANCE Spohn Ranch maintains, at a minimum, the following coverage. Certificates are available upon request. Errors and Omissions / Professional Liability - $2,000,000 per occurrence, $2,000,000 aggregate Workers Compensation and Employers Liability - $1,000,000 Automobile Liability for owned, non -owned and hired vehicles - $1,000,000 per occurrence, $2,000,000 aggregate Comprehensive General Liability or Commercial General Liability covering all operations or job specific - $1,000,000 per occurrence, $2,000,000 aggregate Excess Liability / Umbrella - $9,000,000 FINANCIAL STABILITY 2015 marks twenty-three years of uninterrupted service, focused solely on skatepark design and construction. We take pride in being a passionate and responsible family -owned business Zero bankruptcies, changes of ownership or operation under a different name Zero liquidated damages Zero instances of E&O insurance being used We are currently bonded with Travelers Casualty and Surety Company of America, with a bonding capacity in the amount of $6 million aggregate. We have a spotless bonding history over 20+ years of business — none of our bonds or sureties have ever been called upon for any reason. LITIGATION HISTORY Spohn Ranch has neither litigation history associated with project performance nor any past or pending litigation against an Owner with whom we've contracted. 125 EXPERIENCE 20+ YEARS OF PROFESSIONAL & PROGRESSIVE SKATEPARK DESIGN/BUILD SPOHN RANCH, INC. CLIENT REFERENCES PLANZ PARK SKATEPARK — BAKERSFIELD, CALIFORNIA (2014) Client Contact: Dianne Hoover, Director of Recreation and Parks Email: Dhoover@bakersfieldcity.us I Phone: (661) 326-3014 ROWLEY & JOHNSON PARK SKATEPARKS — GARDENA, CALIFORNIA Client Contact: Kelly Fujio, Recreation & Human Services Director Email: Kfujio@ci.gardena.ca.us I Phone: (310) 217-9537 ERNEST MCBRIDE SKATEPARK — LONG BEACH, CALIFORNIA (2012) Client Contact: Anna Mendiola, Park Development Officer Email: Anna.mendiola@longbeach.gov I Phone: (562) 570-3165 SPOHN RANCH, INC. CLIENT TESTIMONIALS THE SUMMIT BECHTEL RESERVE — GLEN JEAN, WEST VIRGINIA (2013) Client Contact: Tom Wagner, Trinity Works Email: Wagnertew@frontier.com I Phone: (304) 573-3978 CAPE MAY COUNTY SKATEPARK — OCEAN CITY, NEW JERSEY (2015) Client Contact: Michael DeVlieger, City of Ocean City Email: Mdevlieger@ocnj.us I Phone: (609) 231-8987 COLTON SKATEPARK—COLTON, CALIFORNIA (2013) Client Contact: Bill Smith, City Manager Email: Bsmith@ci.colton.ca.us I Phone: (909) 777-3351 "The McBride Skatepark in Long Beach, California is an excellent street -plaza design, with just enough transitions to make it well-rounded. It has something for all skill levels, and is exactly the type of project, area, and advocacy that we want to get involved with. It should be an example for other communities to follow." - Tony Hawk, Professional Skateboarder & Founder of Tony Hawk Foundation "In addition to being a pro skater for over 20 years, I am the creative director for the Dew Tour. The Dew Tour needed a professional class competition bowl that would showcase the best of modern Vert and transition skateboarding. The team at Spohn Ranch was able to take my ideas and deliver a finished product that was not only the world's first portable bowl, but one of the best pieces of skate -able terrain ever built." - Chris Miller, Professional Skateboarder "From the initial group meeting with the local skaters, through conceptual/final design and construction, Spohn Ranch brought their "A" game. Spohn Ranch's knowledge and experience in the design and construction of skatepark is beyond words. I do not hesitate in recommending Spohn Ranch to design and construct your skatepark. Spohn Ranch's attitude and passion in skateparks is so contagious that it makes everyone love the sport of skateboarding." - Edward Balderrama, City of Alamogordo "Trinity Works and the Boy Scouts of America selected Spohn Ranch for the Summit Bechtel Reserve because we expected that we would need the full attention of the best team in the industry to design and build the world's largest skateboard and BMX facility. After an exhaustive search of the world's top action sports companies, your firm was a clear choice due to unique capabilities, experience and personal involvement of the owners. Throughout the three years of work on the project, Spohn was consistently attentive, dedicated and professional. Beyond the fact that you designed an incredible facility and completed construction in the most harsh conditions possible (on the side of mountain, in the middle of winter, battered by two 100-year storms), Aaron Spohn and his team exceeded our 126 expectations in every regard by always personally answering our calls, working long hours, and doing whatever it took to get the work done and get it done well. Given the tight timeline that we were under during the course of this project, it was extremely impressive to be involved with a firm that not only understood the importance and scope of the work that needed to be performed in this space, but was also able to overcome so many obstacles with innovative and cost-efficient solutions. You demonstrated patience and superior communication skills with the many stakeholders involved. Truly, you did the impossible when you completed twenty-one different courses for full use at the Jamboree this summer. I can't wait to see what you do next and enthusiastically recommend Spohn Ranch for any action sports project." - Tom Wagner, Trinity Works, Inc. "Spohn Ranch demonstrated again and again a passion for skating, a willingness to work with multiple players, follow agency protocol and a commitment to make this BIG project run smoothly. I can say wholeheartedly we are overwhelming pleased with the results and would recommend Spohn Ranch with no reservations." - Angela Chambers, Board of Child Care "Having the opportunity to work with Spohn Ranch was truly a dream relationship. From day one, we talked about a vision of a grand skatepark that would be considered one of the premier facilities in North Central Florida and every which way beyond. A class facility that would cater to young and old, boys and girls and beginners to the highly skilled. A venue that could hold events and tournaments for all the community to enjoy, as well as for those from out of town. With the excitement, dedication and love shown by Spohn Ranch, it's no wonder the facility turned out to be a gorgeous skatepark. Night and day your team worked to make the City's dream skatepark a reality. As we've all heard time and time again, the proof is in the pudding. It's by far the most amazing skatepark we could have possibly wished for." - Patrick Byrne, City of Gainesville SPOHN RANCH, INC. AWARDS & RECOGNITION NEW JERSEY RECREATION AND PARKS ASSOCIATION Award for Excellence in Design, 2013 (Holland Park Skate Plaza — Elizabeth, NJ) IOWA READY MIXED CONCRETE ASSOCIATION Excellence in Concrete Award, 2012 (Oskaloosa Skatepark — Oskaloosa,lA) NEW JERSEY SOCIETY OF MUNICIPAL ENGINEERS Municipal Project of the year, 2013 (Dealy Field Skatepark — Sea Isle City, NJ) AMERICAN PUBLIC WORKS ASSOCIATION — KENTUCKY CHAPTER Project of the year, 2014 (Chautauqua Park Skatepark — Owensboro, KY) LOUISIANA MUNICIPAL ASSOCIATION 2014 Community Development Award, 2014 (Fireman's Skate & Bike Park— Houma, LA) CITY OF SPARTANBURG, SOUTH CAROLINA Award for Excellence in Design, 2010 (Hot Spot Skatepark) CALIFORNIA PARK AND RECREATION SOCIETY Award of Excellence for Recreation/ Community Services, 2009 (Fontana, CA) WORLD OF CONCRETE Finalist for "Crews that Rock" Award, 2011 & 2013 (Dew Tour Bowl & BSA Summit) SKATEPARK ASSOCIATION OF USA Award for Design and Manufacturing Excellence, 2004 AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS/URBAN LAND INSTITUTE Award for Excellence Nominee, 2010 (Daybreak Skatepark —South Jordan, UT) HUCK MAGAZINE "The Future of Skatepark Design", 2008 (Daybreak Skatepark—South Jordan, UT) INC. MAGAZINE Honoree of Nation's 5,000 Fastest Growing Private Companies, 2009-2013 127 128 129 130 DESIGN & DEVELO CONSTRUCTION OPERATION ACTION PARK ALLIANCE TEAM OVERVIEW SPOHN RANCH ACTION SPORTS TERRAIN DESIGNER HERMANN DESIGN GROUP LANDSCAPE ARCHITECT McAULIFFE & COMPANY ARCHITECT ENGINEERING SUB -CONSULTANTS THE PINYON GROUP DEVELOPMENT CONSULTANT DOUG WALL CONSTRUCTION GENERAL CONSTRUCTION & CONSTRUCTION MANAGEMENT SPOHN RANCH ACTION SPORTS TERRAIN BUILDER MARK LAUE EXECUTIVE DIRECTOR TORT RAMBERG ADMINISTRATIVE & ORGANIZATION AARONSPOHN PROJECT MANAGER CHARUE WILKINS DESIGNER & DRAFTSMAN KIRSTEN DERMER ADMINISTRATIVE B.G. STRUCTURAL ENGINEERING STRUCTURAL ENGINEER THE ALTUM GROUP CIVIL ENGINEER EQUITY SPEC MECHANICAL & ELECTRICAL ENGINEER PETRA GEOSCIENCES GEOTECHNICAL ENGINEER MARKBRADFORD SITE SUPERINTENDENT SPOHN RANCH FIELD CREW EQUIPMENT OPERATORS, CARPENTERS, SHOTCRETE NOZZLEMEN, CONCRETE FINISHERS, IRON WORKERS, ETC. 131 132 PERSONNEL LOCAL RESOURCES & WORLD -CLASS ACTION SPORTS SPECIALISTS SPOHN RANCH, INC. - ACTION SPORTS TERRAIN DESIGNER & BUILDER Aaron Spohn — Spohn Ranch President & Founder Role: Project Vision & Management Experience: 40+years skateboarding, 20+years in skatepark industry Aaron is the embodiment of the entrepreneurial spirit. When he used a carpentry background to start Spohn Ranch in the early '90's, he had no back-up plan — he put everything he had behind his passion for action sports. That passion culminated in a backyard half -pipe that not only gave birth to a community, but eventually an award -winning skatepark design/build firm. After Aaron helped launch skateparks into the mainstream when he partnered with ESPN to develop the X-Games, Spohn Ranch's backyard roots spread globally in the form of hundreds of cutting -edge creations. From permanent skateable landscapes to innovative installations for high -profile events, Aaron and Spohn Ranch have played an invaluable role in the exponential growth and development of action sports. Hailed by insiders as a pioneer of the modern municipal skatepark, Aaron has also spent considerable effort promoting the industry as a whole and sharing his extensive knowledge. Featured expert on Spike TV's "Playbook 360" dedicated to skatepark design/construction (2014) Consultant for Atlanta Olympics tribute to action sports (1996) Educational speaker at Global Skateboarding Summit in Istanbul, Turkey (2015) Educational speaker at ASLA, NRPA & various State Park/Rec Conferences (2000-present) Founding member of ASTM sub -committee that established skatepark safety guidelines (2002-2006) The heart of Spohn Ranch for over 20 years, Aaron will be our team's primary visionary and project manager. He will be the main point of contact for City staff and our A/E team, shepherding the project through pre -construction stages, coordinating work and delegating tasks to Spohn Ranch's deep roster of support staff. Charlie Wilkins — Spohn Ranch Skatepark Designer Role: Lead Designer & Draftsman for action sports terrain Experience: 15+years as professional skateboarder, 10+years in skatepark design and construction Born and raised in Massachusetts, Charlie became a professional skateboarder in 1996 and helped pioneer the Boston skateboarding scene. While he gained fame with magazine photo spreads and video parts, his passion for Mass skateboarding transcended way beyond flip tricks and grinds — he spent considerable effort organizing events, participating in the design and construction of municipal skatepark projects and he was a regular instructor at the Rye Airfield indoor skateboarding camp. After making the transition to the West Coast in 2011, Charlie connected with Spohn Ranch through our event work for the Mountain Dew Tour. He had honed his AutoCAD skills as Alli Sports & NBC's lead designer since the Dew Tour's inception in 2005 — a role in which he designed dozens of world -class event courses for our industry's premiere athletes. Charlie's CAD expertise and ability to work with tight spaces and timelines made him a perfect fit for Spohn Ranch and he's since enjoyed a seamless transition into our design department. In addition to a full-time position as one of Spohn Ranch's lead designers, Charlie continues a 15+ year career as a highly - respected professional skateboarder. Charlie also maintains a well-rounded perspective as head judge for World Cup Skateboarding — one of our industry's sanctioning bodies for professional competitions. 133 Mark Bradford — Spohn Ranch COO & Co -Owner Role: Construction Superintendent for action sports terrain Experience: 20+ years in skatepark industry, ACI-certified shotcrete nozzleman In the fields of municipal skatepark and professional action sports competition construction, Mark Bradford is the most respected and in -demand construction foreman. He has spent his life eating and breathing the world of specialty construction for wheeled sports, developing an unparalleled breadth of experience. As the primary leader of all of Spohn Ranch's major builds, Mark is often on the road over 250 days per year — flying from critical shotcrete placement to Mountain Dew Tour arena set-up to supervising coping fabrication at Spohn Ranch's shop. He is Spohn Ranch's Superman. Certified by the American Concrete Institute and American Shotcrete Association, Mark has completed projects in 11 countries, including Japan, Brazil and Guantanamo Bay, Cuba. As Co -Owner of Spohn Ranch, Mark has the authority and responsibility to make sure that every park is perfect. He calls the shots and holds both sub- contractors and Spohn Ranch's veteran crew to his industry -defining standards. As the site information and user input begin to roll in, we waste no time in looping Mark into design discussions. By tapping into Mark's years of in -the -field expertise early on in the process, we foster a holistic approach and set the stage for a unified and seamless transition from design to construction. Kirsten Dermer — Spohn Ranch CEO/CFO Role: Administrative Experience: 20+ years in skatepark industry, 2-time President of Los Angeles Chapter of Entrepreneurs Organization Kirsten is Southern California born and raised. While attending Venice High in the early'90s she and her brother Mark befriended their new neighbor Aaron Spohn, joining him in his relentless pursuit of skating and building ramps at his house. It wasn't long before that house transformed into a community dubbed "Spohn Ranch". And with innate ambition and drive, it wasn't long before Kirsten transformed from one of Aaron's first employees into the CEO/CFO that would help Spohn Ranch evolve from a small family business into an award -winning, nation-wide design/build firm. The counterweight to Aaron's free -spirit, Kirsten steered the ship through good times and bad, always keeping the company on course for success. Intimately involved in the action sports industry for 20+ years, the breadth of Kirsten's experience is vast. In addition to earning a bachelor's degree in environmental science from UCLA, she has developed expertise in every facet of skatepark design, construction and operations — with a focus on executing all financial, contractual and insurance - related matters. Kirsten has also twice served as President of the Los Angeles Chapter of the Entrepreneurs Organization, an internationally renowned association of successful business owners. Through this affiliation, she is able to interact with many of the world's top minds on a regular basis, leveraging this knowledge of business best practices to every project Spohn Ranch undertakes. Kirsten is truly the glue that holds the company together. While under her leadership, Spohn Ranch has earned a number of awards and industry recognition, including being named to Inc. Magazine's list of 5,000 fastest -growing private companies 5 years in a row — climbing the ranks every year. For this project, Kirsten will oversee all financial, legal and administrative matters, ensuring our design/build team is freed up to do what they do best. This includes review and execution of contracts, insurance certificates, cash -flow management, payroll, invoicing and sub -contractor documentation. 134 HERMANN DESIGN GROUP - LANDSCAPE ARCHITECT Hermann Design Group, Inc. (dba Hermann & Associates) was founded in 1995 in Palm Desert, California. Their founding philosophy was to create a firm by which they are able to select projects that are unique and allow for Mr. Hermann to lead the design process and build relationships with clients that will last for a lifetime. They evaluate the unique needs and desires of their clients through creative thinking, and they provide the right solutions for individual projects. In the desert environment, design solutions have to consider the sustainability of the environment that they value so much. They have extensive experience designing projects that are LEED certified and include sustainable practices. Their team has worked on projects for a number of public agencies including CVAG, CVEP, County of Riverside, and most of the Cities in the Coachella Valley. They have thorough knowledge of the approval process required by these agencies as well as CVWD and Riverside County Agricultural Commission. Hermann Design Group was also recently awarded the contract for on -call services with the City of La Quinta, an honor that culminates their long-term relationship with the City. Chris Hermann — Principal -in -Charge, California Landscape Architect (#2754) McAULIFFE & COMPANY - ARCHITECT McAuliffe & Company, Inc. is a full service architecture firm located in Palm Desert, California founded by its President, Michael T. McAuliffe, AIA. McAuliffe & Company has been serving its clients since 2006. They specialize in professional services from pre -design through construction administration for municipal, commercial, tribal, and private clients in the inland and desert communities of Southern California. Their professional experience includes civic, commercial, retail, mixed -use, hospitality, tenant improvement, and custom residential projects. McAuliffe & Company has cultivated a collaborative, program -based working relationship with their clients to jointly establish a firm definition of their project and project parameters. They endeavor to assist their clients with understanding, clarifying and documenting their project goals and vision before they begin design work. They believe knowing 'what' to design is far better served when the "why" behind it and 'how' it is to be achieved are firmly understood. McAuliffe & Company has a strong history of repeat clients and personal referrals, attesting to the client's experience, their design approach and the quality of their built work. Michael T. McAuliffe — President, State of California Registered Architect (C 27929) Milo Rivera — Architectural Associate THE PINYON GROUP - DEVELOPMENT CONSULTANT The Pinyon Group is a full -service real estate investment and advisory firm headquartered in Los Angeles, California. They excel at untangling and delivering complex urban projects through their coordinated interdisciplinary approach to problem solving and strategy development. Their Advisory and Consulting business provides sophisticated and reliable "on -demand" capacity to the planning, land -use, development, financing, and management activities of both institutional and non -institutional real estate investors, as well as non-profit and government agencies. Since the firm's founding in 2010, Pinyon has advised clients on the acquisition, entitlement, development, and/or disposition of over $500 million of urban and infill real estate consisting of roughly two million square feet on over 100 acres of urban and infill land. Robert T. DeForest — Founder & Managing Principal, Master of Arts in Urban Planning from UCLA 135 THE ALTUM GROUP - CIVIL ENGINEER The Altum Group is a multi -discipline consulting firm located in the Coachella Valley in Riverside County. Their professionals have developed refined skills providing public and private clients with consulting services in support of city general plans, annexations, environmental analysis, CEQA, NEPA, TEPA, zoning, growth management, infrastructure management, civil engineering design of public infrastructure and private development (including residential, commercial, industrial, and resort/golf design), institutional design, energy projects (wind, solar, etc.), parks and recreational planning, and subdivision design. Their professionals' presence in the Inland Empire and desert communities of Southern California extends back to 1972. Michael A. Peroni — President, Bachelor of Science in Urban Planning from CalPoly Pomona Doug Franklin — Vice President, Bachelor of Science in Civil Engineering from CalPoly Pomona B.G. STRUCTURAL ENGINEERING - STRUCTURAL ENGINEER B. G. Structural Engineering, Inc., was established in 1981 in the Coachella Valley. Offices are currently located in Palm Desert, California and Costa Mesa, California. The firm has two licensed civil engineers, two staff engineers and one licensed structural engineer, specializing in structural design, and three structural draftsmen. B. G. Structural Engineering provides structural engineering services for projects in the $100 thousand to the $35 million dollar range. The firm's principal, Brian Gottlieb, has 30 years of experience in structural engineering and is a licensed civil engineer in California and Nevada. He will be the design engineer and principal participant through construction. EQUITY SPEC - MECHANICAL & ELECTRICAL ENGINEER EquitySpec Consulting Engineers is a full service firm which offers mechanical, electrical, and energy engineering services for commercial, institutional, industrial, and residential projects. EquitySpec has designed over 300 projects in over 50 cities and local jurisdictions in Southern California, as well as projects requiring design and permitting and/or certification by various regulatory agencies including USGBC/LEED, DPH, DSA and OSHPD. EquitySpec was founded in 1988 by David A. Celmer. Mr. Celmer remains the principal and is the Director of Engineering. La Quinta City Hall — central mechanical system upgrade La Quinta Museum — mechanical systems upgrade La Quinta Senior Center— mechanical systems upgrade PETRA GEOSCIENCES - GEOTECHNICAL ENGINEER Petra is a geotechnical engineering and environmental consulting firm founded in 1975 as Earth Research Associates, and incorporated in 1988 as Petra. Our workforce consists of an interdisciplinary group of professionals including licensed engineers, geologists, environmental scientists, hydrogeologists, technicians, and administrative support staff. Their experience comprises 28 years of performing and managing geotechnical and environmental investigations for proposed development of parks, roads, pipelines and tunnels, landfill improvements and residential/industrial projects. These investigations addressed the potential effects of adverse geologic conditions (active faulting, landslides, slope stability, suitability of fill/foundation materials, depth to bedrock and groundwater). They also performed geotechnical construction management of large earthwork projects involving several million cubic yards of compacted fills. Alan Pace — Senior Associate Geologist 136 DOUG WALL CONSTRUCTION - GENERAL CONSTRUCTION & CONSTRUCTION MANAGEMENT As one of Riverside Counties' leading construction, project and construction management firms, DWC has provided millions of dollars of construction services since its inception in 1993. Their services span numerous industries, including public works, education, hospitality, and healthcare projects. Headquartered locally in Bermuda Dunes, their public facilities experience includes city halls, community centers, libraries, fitness centers, fire stations, museums, and corporate yards. They have had a major role in managing programs and projects from inception to completion. Through each phase of planning, design, construction and start-up, they continuously focus on achieving their client's goals for cost, schedule and quality. Their ability to listen, plan, execute and attention to detail is what has allowed them to come within budget or under budget, saving their clients money at the end of the project. They take great pride in being capable of exceeding their client's expectations and develop long standing relationships involving multiple repeat projects. DWC offers professional construction management and general construction services on both public and private sector projects. Their highly -diversified professionals are experienced providing agency construction management, multiple prime delivery, construction management at -risk, and design -build services. Our techniques combined with a builder approach adds value to every project as it enables the team to manage budgets, drive schedules, and ensure the quality of the built product, while maintaining strong relationships with project team members. Jessie Frescas Jr. — Construction Manager ACTION PARK ALLIANCE - FACILITY OPERATION, PROGRAMMING & INSURANCE As Executive Director, Mark Laue oversees the day-to-day operations and serves as the public face of the Action Park Alliance — the nation's first and only skatepark management company. The APA currently operates four skateparks and five retail stores in Texas, California and Washington. By engaging in unique public -private partnerships with municipalities, the APA serves over one million action sports athletes each year— conducting skate camps, individual lessons and hosting contests such as the WCMX World Championships. A respected leader in the action sports industry for over 17 years, Mark has developed a broad range of connections across skateboarding and BMX that enable him to create world -class events and engaging programming for APA skatepark users. Prior to his pioneering work with the APA, Mark operated the 30,000 SQ FT Real Ride Skatepark in Salt Lake City, Utah and the 100,000 SQ FT Real Ride Skatepark in Lake Perris, California —the largest facility in the country at the time. He also produced and hosted major televised action sports events including Tony Hawk's Gigantic Skatepark Tour, the ASA Pro Tour, the Dave Mirra Super Tour and the DK Pro Circuit. His most recent production is the D-Town Throw Down — the premiere action sports event series in the State of Texas. A fixture in the Coachella Valley action sports scene, Mark will also tap into longstanding relationships to help achieve design consensus and rally community support for the project. 137 PROJECT APPROACH CORNERS ARE MEANT TO BE CARVED, NOT CUT PHASE 1 - DEVELOPMENT (ESTIMATED TIMELINE: 4-12 MONTHS) Task 1.1 Project Kick -Off Meeting — Key staff from the City and Spohn Ranch's team will be introduced to one another via an in -person meeting. We will conduct a site tour, review the project goals and refine the scope of work and schedule. We will compile and distribute a contact sheet with contact information for all persons from Spohn Ranch's team and the City who will be involved with the project. We'll also launch an online portal for the project accessible by project team members and City staff. The online site will provide a server for all project files, as well as have a project schedule tracking progress and identifying key milestones - ensuring everyone is on the same page and has access to the same information. Task 1.2 Entitlement — Spohn Ranch will collaborate with the City, County/State agencies and our development consultant, The Pinyon Group, to facilitate entitlement of the land for the purpose of developing a state-of-the-art action sports facility. The specific requirements and applications will be refined as we move through the process, but are likely to include zoning, variances, permits, air quality analysis, noise analysis, traffic study, cultural resources study, biological resources study, CEQA (California Environmental Quality Act), EIR (Environmental Impact Report), etc. The process will be broken down into the following phases: 1.2a — Due Diligence Process 1.2b — Pre -Entitlement Process 1.2c — Entitlement Process Task 1.3 Commission Site Studies — During the kick-off meeting, Spohn Ranch and City staff will take stock of existing site data, studies and any other information pertinent to the project and project site. Spohn Ranch will tap into our team of local sub -consultants to commission additional site studies vital to both the entitlement and design processes. Site survey in AutoCAD format indicating spot elevations, topography, benchmark and/or control point locations, drain inlets and their invert elevations, location of existing structures/features such as trees, asphalt/concrete pathways, walls, curbs, light poles, sign posts, fire hydrants, manhole covers, fences, gates, irrigation system components, visible utilities, known buried utilities, known easements, etc. Geotechnical investigation analyzing sub -surface conditions. Report will discuss water table depth, soil composition and provide recommendations for site preparation, drainage, and concrete construction. We hold a strong belief that a thorough analysis of the site conditions at the beginning of the project is vital to a successful end result. Developing an in-depth understanding of our canvas ensures responsible design work and helps us avoid surprises down the road that cost both time and money. Task 1.4 Launch Website & Social Media Channels — Spohn Ranch will purchase an online domain for the project, build out the website and create associated social media channels. A robust online presence will not help the community stay up-to-date with the project, it will also prove valuable during the public input process where traditional in -person meetings can be intimidating for youth and difficult for busy adults to attend. 138 PHASE 2 - SCHEMATIC DESIGN & DESIGN DEVELOPMENT (ESTIMATED TIMELINE: 3 MONTHS) Task 2.1 Public Design Workshop #1— Spohn Ranch will host a public meeting to give a "Skateparks 101" presentation and gather preliminary input from the community. After years of educational lectures at parks and recreation conferences, Spohn Ranch's staff have become experts in public speaking and know how to connect with an audience — whether it's a young skateboarder or an elderly community member with NIMBY concerns. The first meeting will be structured as follows: Project Introduction Spohn Ranch Background Skatepark Evolution & Typology Analysis of Regional Skateparks (Pros/Cons) Community Input o Surveys O Feature/terrain ranking o Small group sketching & 3D model exploration Task 2.2 Schematic Design — Incorporating feedback from the first workshop (and Facebook page), Spohn Ranch will prepare three alternate schematic designs. The schematic designs will address sections of terrain, circulation, access and identify rough elevations, but not detail the dimensions of every single obstacle. Task 2.3 Public Design Workshop #2 — Spohn Ranch will return to La Quinta to present the alternate schematic designs and solicit feedback. The presentation will begin with a video fly -through that navigates through the designs and highlights the various features. Spohn Ranch will narrate the video explaining the terrain and what factors influenced the designs. The designs will also be showcased on 24" x 36" poster boards with high -end 3D renderings and labeled/dimensioned drawings. The second workshop will follow a more organic, free -flowing format, with Spohn Ranch leading a discussion about the schematic designs and seeking input from the skateboarding community. 2D line drawings of the designs will be available for participants to sketch out suggested revisions. Prior to the public workshop, the Spohn Ranch design team will attend a closed meeting with City staff to discuss the designs and present a detailed construction cost estimate highlighting opportunities for in -kind material/service donations from community. The alternate schematic designs will also be posted to the website and Facebook group following the meeting for review by stakeholders unable to attend the workshop. Task 2.4 Design Development —The Spohn Ranch team will incorporate feedback from the second design workshop and Facebook group in order to finalize design development. With access, elevations and circulation established, this step will allow us to begin focusing on some of the finer details of the preferred schematic design - such as color pallets and the exact dimensions of specific obstacles. PHASE 3 - CONSTRUCTION DOCUMENTS (ESTIMATED TIMELINE: 2-3 MONTHS) Task 3.1 60% Construction Documents —The Spohn Ranch team will prepare a 60% Construction Documents submittal — beginning to detail the complete build out of the action sports facility. 60% submittal will include the following: Title Sheet Erosion & Sediment Control Plan 3D Perspective Improvement Plan Demolition Plan Materials Plan 139 Color Plan Layout Plan Jointing Plan Grading & Drainage Plan Landscaping Plan Irrigation Plan Lighting Plan Horizontal Control Plan Architectural Plans — Interior, Exterior, etc. Sections Details Specifications Construction Cost Estimate Task 3.2 60% Construction Documents Review — City staff and various County/State agencies will review the 60% Construction Documents submittal and prepare redline comments. Spohn Ranch's design team and City staff will discuss via teleconference or in -person meeting the redline comments and identify actions needed to address the comments. Task 3.3 90% Construction Documents — The Spohn Ranch team will incorporate feedback from the 60% review meeting and prepare a 90% Construction Documents submittal. 90% submittal will include the following: Plans Specifications Construction Cost Estimate Task 3.4 90% Construction Documents Review — City staff and various County/State will review the 90% Construction Documents submittal and prepare redline comments. Spohn Ranch's design team and City staff will discuss via teleconference or in -person meeting the redline comments and identify actions needed to address the comments. Task 3.5 100% Construction Documents — The Spohn Ranch team will incorporate feedback from the 90% review meeting and prepare a 100% Construction Documents submittal. 100% submittal will include the following and be delivered via compact disc and hard -copy 2436 prints: Plans (stamped/signed by CA -licensed engineer) Specifications Construction Cost Estimate PHASE-4 - CONSTRUCTION (ESTIMATED TIMELINE: 6-10 MONTHS) Task 4.1 Pre -Construction Kick Off Meeting — Spohn Ranch's construction team, including Spohn Ranch COO Mark Bradford and sub -contractor Doug Wall Construction, will meet with City staff on -site to provide an overview of the process and discuss any outstanding opportunities/constraints prior to starting construction. Prior to beginning construction, we will submit a detailed construction schedule, as well as our proposed Quality Control (QC) Master Plan for all testing of materials and compaction during the build. We will also notify utility companies of on - site work getting underway. During the build, there will be daily communication between Mark and the project manager, Aaron Spohn. They will resolve any problem areas and review the project schedule and budget. Mark will also lead weekly on -site meetings with City staff to provide an update on construction progress. Task 4.2 Site Preparation — Spohn Ranch and Doug Wall Construction will prepare the site for construction, with the first step being the establishment of a safe and organized job site. This includes installing construction fencing, sediment control fencing, establishing an entrance for vehicles and heavy equipment and coordinating temporary amenities like restrooms, dumpster, etc. With the construction footprint established, Spohn Ranch and Doug Wall Construction will lead the team clearing the site, installing drainage and grading the terrain. 140 Task 4.3 Forming, Rebar & Steel Edging/Coping for Action Sports Terrain — With the earthwork substantially complete, Mark will lead the Spohn Ranch team in preparing the action sports elements/terrain for concrete. Spohn Ranch is the only skatepark builder that uses state-of-the-art CNC technology to cut all screeds and framing lumber, ensuring the exact radii, angles and dimensions as specified in the construction drawings. Task 4.4 Place Shotcrete & Concrete for Action Sports Terrain — Mark Bradford, an ACI-certified shotcrete nozzleman, will lead the Spohn Ranch team in shooting and placing concrete for the action sports elements/terrain. A concrete mix design will be refined as we develop a better understanding of the site's soil conditions and collaborate with a local plant. Task 4.5 Building, Parking Lot & Road Construction — While Mark and Spohn Ranch's action sports specialists are progressing the skate and BMX components, Doug Wall Construction will simultaneously be executing construction of non -specialty improvements such as the retail store, restroom, parking lot and access roads. Task 4.6 Landscaping & Site Amenities — With construction of the action sports components and surrounding infrastructure substantially complete, Doug Wall Construction and additional local contractors will complete the finishing touches including landscaping and site amenities such as lighting fixtures, shade sails and fencing. Task 4.7 Construction Closeout — Upon completion of construction, Spohn Ranch will present the City with warranty documentation, as -built drawings, an owner's manual and an acceptance letter to complete the construction closeout. Mark will also lead an educational training session with the City and our operations partner, the Action Park Alliance — discussing inspection schedules and maintenance routines. Spohn Ranch offers a 2-year materials and workmanship warranty for cast -in -place concrete and 15-year warranty for pre -cast concrete elements. The warranty is effective upon the date of substantial completion or first use by Client. PHASE-5 - OPERATIONS (ESTIMATED TIMELINE: ONGOING Task 5.1 Local Hiring & Training— With construction complete, Spohn Ranch will begin transitioning the project to our operations partner — Mark Laue and the Action Park Alliance. A key first step for Mark will be hiring and training local staff, many of whom will be respected leaders within the Coachella Valley skate/BMX scene. Task 5.2 Grand Opening Celebration — Spohn Ranch and the APA will both tap into longstanding connections within the professional skateboarding industry to create an unforgettable grand opening celebration. Skatepark demonstration by professional skateboarders Autograph signing and photo session Skateboarding instruction and tips for beginner skateboarders "Product Toss" — giveaway of skateboarding equipment and apparel for the community such as helmets, decks, trucks, wheels, shirts, hats, etc. Task 5.3 Ongoing Operations —The Action Park Alliance will be actively involved in the project throughout the planning process to ensure the facility is optimally designed for operations. This includes a focus on access points to the facility, lines of sight from the pro shop to all areas of the park for ease of monitoring and responding to any potential injuries. APA will then be contracted to professionally manage the park, with a focus on programming and developing youth within the community. Management includes full-time staff to monitor all activities in the park, real-time tracking of all park users including attendance history and waivers, tracking and dealing with all injuries, safety gear rentals, retail operations at the pro shop, liability insurance to cover all operations, and a robust calendar of special events throughout the year. 141 CONCEPTUAL DESIGN 20+ YEARS OF PROFESSIONAL & PROGRESSIVE SKATEPARK DESIGN 142 2U) wo w ACCESS ROAD Q 0�a oa< CONCRETE BMX ZONE Zw o BMX DIRT TRACK =~ m= Oa =w- aYo �n t FM IT 7 7-1 v� g : f� � 'ms r f�I�,1jIJ7I'ljjl�'IjJIj s � & • 40 e. `sue • ~r W Z W �• ' • J ui U Z - a CONCRETE RETAIL STORE & SKATE ZONE RESTROOM BUILDING PARKING LOT 1431 S�EF of 144 pp,- -qmmmmq ✓._ T4 fy -'ram- ' - �"'S CITY OF LA REQUEST FOR QUALIFICATIONS WJ-�XPARK 4619 14TH AVE SW SEATTLE, WA 98106 PH. 206.932.6414 FAX 206.932.6840 • WWW.GRINDLINE.COM 146 January 4, 2016 Steve Howlett City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 effIN4161ut CONCRETE SKATEPARK DESIGN & CONSTRUCTION REQUEST FOR QUALIFICATIONS: LA QUINTA XPARK EXTREME SKATEPARK, CITY OF LA QUINTA, CA - Description of Group Dear Mr. Howlett, Grindline Skateparks appreciates the opportunity to submit this proposal to the City of La Quinta for Design -Build Services for the skatepark facilities planned at the corner of Dune Palms Road and Blackhawk Way in La Quinta, CA. We are a skatepark design -build firm exclusively engaged in the planning, design and construction of cast -in -place concrete skateparks. Grindline was founded in 1990, incorporated in Washington State on April 8, 2002, and registered as a foreign corporation in the State of California on October 11, 2006. Since our beginnings, Grindline has been evolving the science of skatepark design and construction, resulting in a redefinition of the sport. When it comes to skatepark specialists, our ability to translate the needs of a community into new landscapes of skateboard terrain is unrivaled by any other company in the world. Grindline will lead the team as the Prime Consultant and Contractor and our staff of 3 principals and 2 associates will all perform key roles in the success of this project. For professional engineering and landscape architecture, we have asked our associates at ADKAN Engineering and Community Works Design Group to offer support services required for the project. Together, we combine internationally renowned skatepark design services with State of California licensed professional knowledge. Grindline has experience in planning, designing and constructing a full spectrum of skateparks including Street Plazas, Bowl Complexes, Snakeruns, Hobbit Trails, Skate - able Sculptures and everything in between. Our experience and dedication to skateboarding is unmatched in the industry. We have worked with communities, organizations, municipalities, and non-profit entities to create hundreds of world class skatepark facilities across the globe. At Grindline, we have always been inspired by a community wanting to bring a skatepark to their residents and, in turn, we feel it is our responsibility to use our talents and resources to make that happen. Within our submission you will find information about our team, previous project experience and our project methodology. Collectively, we are enthusiastic about the prospect of delivering skatepark facilities that will serve as an active recreation destination for the youth and families of the community. Kind Regards, Micah Shapiro Lead Designer Grindline Skateparks (206) 932-6414 micah@grindline.com 4619 14th Ave SW Seattle, WA 98106 • phone 206.932.6414 • fax 206.932.6840 • www.grindline.com 147 Grindline Skateparks provides a bridge by connecting local youth who have a passion for skateboarding with the City's goal of providing a safe, durable park, which also enhances the community it will serve. Grindline produces the most innovative, original skatepark designs out there today - building custom recreational experiences for skateboarders and residents alike. Grindline is skater -owned and operated so as life-long skateboarders, Grindline can translate the needs of local skaters into a skatepark design that works for them now and into the future. Our reputation is based on the close connection we have with skateboarders as we always put the enjoyment of the skateboarding experience first. We have had the pleasure of planning, designing and constructing all types of skate terrain including street plazas, bowl complexes, and hybrid -parks that include both transitional and street features. Our parks range in size from the largest skatepark in North America all the way down to a single skate obstacle. Regardless of square footage, skaters are riding our parks from dawn to dusk. Our team is the most qualified for this project because we are: Experienced in design and construction of all types of skate terrain, whether a street plaza, a bowl complex or a hybrid -park with both transitional and street features. Our diverse resume includes over 250 projects to date. • Pioneers of unique skate experiences. Whether it is for a professional skate competition or a beginners' skate camp, we create designs for the enjoyment of the full spectrum of skate enthusiasts. • We are not only skatepark designers, but skatepark builders specializing exclusively in custom, cast -in - place concrete construction. Our vast experience of over 200 skatepark construction projects provides us with intimate knowledge of construction costs as they relate to intricate Grindline Skateparks. For Skateboarders, By Skateboarders 148 1 TOWN PARK SKATEPARK In the fall of 2014, Levi's Skateboarding teamed up artist, teacher and activist Keith "K-Dub" Williams and the community of West Oakland to transform and rebuild Town Park Skate Park. Grindline was invited to be the General Contractor based on our reputation for being highly skilled, highly ethical and highly motivated to work with a team of volunteers, donations and in kind services to make this project happen. Partnering with the Oakland Parks & Recreation Foundation and the City of Oakland, Grindline provided the knowledge of how to bring together all the invested parties and maximize the project funding being provided by Levi's. The result is a skatepark worth twice its cost for a deserving community. Defremery Park has long been a hub of activity in Oakland and now has a legendary skatepark to be enjoyed by the next generations of skate enthusiasts. d 4r.. 149 2 Grindline was selected as the design firm to renovate the legendary Hilltop Skatepark (aka "the Dish") in San Francisco. The existing skatepark was built in the early 80's yet the design is dated and the park is in disrepair. The project goal was to develop a concept capturing the heritage of the existing park and provide an updated design. The skate spot had to integrate with other planned park improvements. Grindline conducted a collaborative community workshop with the community and the non profit organization Trust for Public Land and came up with 2 preferred concepts to be used for grant and funding applications. Each concept was created with different construction budget scenarios so final design can proceed based on the success of fund raising. Post funding, the design will be finalized and construction will commence in 2015. CONCEPT 3 - $340,000 HILL IOF FARK - SbN FXANU.SCO, CA, ip 150 3 Grindline was selected by the project owner for both design and construction based on our extensive resume as well as recommendations from the local skateboarding community. The skatepark was to be implemented in an existing active use park. Baseball fields, bocci ball courts, a playground, and a parking lot surrounded the skatepark site. The adjacent parking lot also hosted a farmers market every Friday morning, making job site security and safety key factors for successful completion. Other site constraints included a water table with high fluctuation and poorly compacted soils that had to removed and compacted back into place. The City of St. Helena also has an entire committee dedicated to protecting the existing trees throughout town, and held Grindline to these strict requirements on the trees adjacent to the site. Grindline worked with several local vendors throughout the project who offered in kind donations and Grindline was able to reduce the contract by $120,000, Integral concrete color was used throughout the park. 151 4 - A- r MELBA BISHOP SKATEPARK J The City of Oceanside selected Grindline's multi -disciplinary team for the design of three skateparks at strategic locations previously determined by the City staff. The nature of this project required Grindline and it's team to research demographics as well as physical site conditions for each site, and determine which type of skatepark would be the most successful at each designated space. The City had preselected a skatepark committee which consisted of a local skate shop employees, several skateboard company owners, other skate industry personnel, as well as the Tony Hawk Foundation's Director, Miki Vukovich. Grindline and it's team worked closely with the committee and the city throughout conceptual design and construction document submittals. Two of the three parks have since been constructed and are receiving high praise from the skateboarding community. During the construction phase on the Bishop Skatepark a last minute challenge arose. Due to maintenance issues, the city had to change a centrally located mandated green space to standard flatwork. Grindline stepped forward and suggested making this area a centerpiece of the park and designed a "volcano" feature which brought the skate ability of the park to a new level. The "volcano" has since become the focal point of the park. MLK SKATEPARK iItr.00111 LE OAD KAT ARK Neighborhood kids and skateboarders from around the city flock to Potrero del Sol for its beautifully designed skate park - San Francisco's largest - which opened in 2008. Grassy lawns provide space for picnicking and ball -playing; other features include a playground, a performance space, and, nearby, a community garden. Grindline's analysis of the project site identified two major physical constraints: steep sloping topography and unfavorable soil conditions. The park is located in a seismic "D" zone, meaning special structural considerations were required and implemented. The community meetings garnered large turnouts with attendees voicing wide differences of opinions in regard to the skateable elements that should be in the park. Grindline brokered consensus among end users to come up with a design working though the site limiations while maintaining the design the stakeholders requested. During construction Grindline performed construction support services inlcuding reviews and reporting, site inspections and final walk through. As a testament to Grindline's timeless design philosophy, the park has been in operation since 2007 and is still a major skateboarding attraction within the City of San Francisco. Thrasher Magazine wrote, "San Francisco finally got a good skatepark... Grindline came down and did it up proper." ILI 153 6 The Pitcher Park Foundation, led by Mary Pitcher, was created in memory of Mary's two sons lost their lives in a tragic accident. They were active, engaged young men and the foundation set out to bring a state-of-the- art skatepark to the deserving Carnegie community. Grindline offered support at the very beginning to secure a site for the project. When an initial location fell through, the Borough of Carnegie stepped up and offered a local Park. The site has a gentle slope nestled among mature trees creating an ideal setting, however, this slope presented a challenge during the design process. A shelf was created running across the hillside to accommodate the skatepark and grading had to avoid disturbing any of the mature trees. Also, the drainage required onsite retention so as not to overload the city's storm water system downstream in the event of a major storm event. The skatepark committee and local skating community desired a signature feature that would make the skatepark stand out in the region. Grindline delivered a 20' fullpipe, the only full pipe within a 500 mile radius. Grindline assisted the Pitcher Park Foundation in fund raising and soliciting in -kind donations by providing 3D concepts as well as detailed cost estimates and material take offs throughout the design process. As material donations came in, Grindline could value engineer the skatepark to stretch every available dollar. The result was a $600,000 budget funded with almost 60% from local donors and businesses. The story of the Pitcher Park Foundation quickly drew attention from important figures in skateboarding because of Mary's tenacity and the amazing gift she was giving to the community. The Tony Hawk Foundation awarded a significant grant towards the project and another private foundation made a large donation to make this park a reality. Tony Hawk with his Birdhouse Crew and the Grindline Team made personal appearances in Carnegie for a special christening and the red carpet event made headlines across the nation. 2014 P.A.C.A. (Pennsylvania Aggregates and Concrete Association) Project of the Year 154 7 Spring Park is the largest public skatepark in the Western Hemisphere. The City of Houston requested to push the limits and create a facility that would not only attract skateboarders internationally, but would also be able to accommodate professional televised contest events. This 76,000 sq. ft. destination has 6 bowls of different skill levels, 2 snake runs, and a large street area. The entire facility is connected by a "transportainment" system that allow users to skate through the park to reach the different areas. Some of the unique features include a texas shaped bowl with a fullpipe in the middle of it, a ditch style snake run, and the use of integral colored concrete throughout the park. Skaters, Facebookers and Bloggers around the world are considering Spring Park as the most epic skatepark ever constructed. Along with Jamail Skatepark and others, the City of Houston is quickly becoming known as the skateboarders mecca of the southeast. r 155 8 As a centerpiece within metropolitan Philadelphia, Paine's Park demonstrates the premier level of artistry in skatepark design while integrating skateboarding into a dense urban setting. Since the project was first conceptualized in 2002, it has become a model for a new kind of dialogue between skateboarding, landscape architecture, and city planning. Set along the banks of the Schuylkill River, adjacent to the Philadelphia Museum of Art, Paine's Park innovative design accommodates skateboarding as an important energizing force behind the life and movement of public space. Throughout the design process, Grindline provided design of skateable elements, review of overall architectural skateablity and value engineering of skateable surfaces. During construction, Grindline's signature smooth concrete finish, intricate brick bank stamping and stainless steel edging have already generated acclaim for Paine's Park as the highest level of concrete craftsmanship in skatepark construction to date. 156 9 GRINDLINE SKATEPARKS, INC 4619 14th Ave SW, Seattle WA 98106 - (206) 932-6414 Grindline will serve as the Prime Design Consultant & Contractor on this project and assign our senior principals to manage all deliverables of the project throughout its' lifespan. This veteran team has collaborated on design and construction projects since 2005 - longer than any other team in the industry. Individuals Assigned to Project: MATT FLUEGGE, CHIEF OPERATIONS OFFICER, PRINCIPAL As Grindline's Senior Project Manager for 11 years, Matt oversees all of Grindline's design and construction projects and will act as the Project Manager devoting 6 hours (15%) during design and 12 hours (30%) during construction per week to this project. He develops project scope and budgets, generates accurate cost estimates, oversees preparation of project documents, communicaties with clients, and manages site scope. Matt has extensive interdisciplinary experience from leading design teams and working with architects, engineers, surveyors, and artists. Matt reviews and approves all project deliverables, attends site meetings, handles changes in the scope of contracts and gets final acceptance of the projects. MICAH SHAPIRO, LEAD DESIGNER Micah Shapiro will serve as the community liaison and lead designer for this project, devoting an average of 20 man hours (50%) per week to this project. He has served as the lead designer on over 200 Grindline projects and is well versed in the intricacies of working on a project of this type and scale. Mr. Shapiro has extensive experience in coordinating community input as well as balancing the needs of different user groups in order to provide a facility designed to accommodate all ages and abilities. His responsibilities include managing the community meetings for the project, coordination between the members of the design team and the client, and design of the skatepark elements. MARK "MONK" HUBBARD, PRINCIPAL - FIELD SUPERINTENDENT As the CEO and one of the founders of Grindline Skateparks, Mark has a personal stake in every skatepark we complete. This project has special meaning to him as the skate terrain in Southern California defined his passion and drive to explore skateboarding and eventually create the company that is Grindline Skateparks today. During construction, Mark will be the Field Superintendent for the skatepark dedicating 40 hours per week (100% of his time) to coordinating our employees and local subcontractors. Mark's skateboard knowledge combined with his 20+ years of concrete construction experience allows him to offer value engineering recommendations which translate into a superior skate experience for the end user. COMMUNITY WORKS DESIGN GROUP 4649 Brockton Avenue, Riverside, CA 92506 - (951) 369-0700 Community Works Design Group (CWDG), Landscape Architect for this project. CWDG was established in 1985 and provides municipal planning services throughout the State of California. The firm focuses on Park, Recreation and Trails Planning projects. CWDG has a ready and available staff of eight highly professional individuals. Principals Tim Maloney and Scott Rice have designed many park projects across the Coachella Valley,with a thorough understanding of the unique needs of the harsh climate and the proper use of desert -friendly plant materials. CWDG has worked on numerous projects for the City of La Quinta, including Fritz Burns Park as well as Avenue 52 and 54 Medians, just to name a few. CWDG recently earned the 2014 APWA Award of Merit for Park Planning for the Bagdouma Park Expansion project in Coachella. 157 10 Individual Assigned to Project: SCOTT RICE, ASLA LEED AP - PROJECT MANAGER, LANDSCAPE ARCHITECT Scott Rice is a Project Manager with Community Works Design Group and graduated with Honors from Cal Poly Pomona, with a Bachelor of Science Degree in Landscape Architecture. Mr. Rice will serve as the Project Manager for Community Works Design Group and would be responsible for coordinating design of any landscaping, irrigation, amenities, and ADA connections dedicating 10 hours per week (25%) towards the project. Mr. Rice has worked on over 50 skatepark projects since 2002 and has a proven track record of successfully managing multiple projects simultaneously from initial stages through completion. ADKAN ENGINEERS, INC. 6879 Airport Drive, Riverside, CA 92504 -(951) 688.0241 Adkan Engineers was created in 1983 by its founding partner, Ed Adkison. Adkan Engineers is the dba name of a corporation, which was initially established as a Union Survey Company; however, as a result of the growing need for civil engineering support, a civil engineering & planning division was created. Adkan Engineers has evolved into a mid -size Civil Engineering, Land Planning and Land Surveying firm that provides professional services throughout Southern California. Adkan Engineers are innovators & leaders in the field of Civil Engineering, Planning, Land Surveying and Construction Staking. Individuals Assigned to Project: ('HI,ARISSA I_F.ACH, P.E_ 0-SD/P, PRINCIPAL Charissa Leach will serve as the Principal Lead for Adkan's scope of work and will be the Engineer of Record for the project. She will be responsible for all civil, stormwater, and erosion control plans and devote 5% of her weekly resources to those tasks. Mrs. Leach has over 24 years of progressively responsible experience in all areas of project development and management, ranging from the initial feasibility of a project through to the construction phase. Since coming to Adkan Engineers in 1988, she has demonstrated the ability to estimate the scope of a project, determine the time requirements and complete the project on schedule. MITCHELL J. ADKISON, P.E.,P.L.S., QSD/P, PROJECT ENGINEER Mitch Adkison will serve as the Project Engineer for this project and his responsibilities will include the design and processing of infrastructure plans, grading plans, and water quality management plans. He will devote 5% of his weekly resources to the project. With 6 years in the Land Surveying department of Adkan and 11 years in the Civil Design Area, Mr. Adkison has a broad knowledge of many different aspects of both civil engineering and land surveying. GEOSOILS, INC. 5741 Palmer Way, Carlsbad, CA 92010 - (760) 438-3155 GeoSoils, Inc. (GSI) will provide any geotechnical work and soils testing needed for the project. GSI is a geotechnical and environmental engineering consulting firm founded in 1974. For four decades, their reputation for high quality and timely service at competitive prices has established GSI as a recognized leader in the industry. GSI currently has offices in Orange, Riverside, and San Diego Counties. GSI's offices are fully equipped, and laboratories can be set up on an as -needed basis at project locations. Each office in GSI is organized and staffed to meet the needs of our clients. GSI's technical staff is a multi -disciplinary team of geotechnical and environmental professionals, which includes geologists, civil/geotechnical engineers, coastal engineers and geologists, hydrogeologists, environmental engineers, and environmental technicians. Principals in the firm have been consulting in their disciplines since the early 1960's and are experienced in geotechnical, geological, coastal, environmental, engineering, and related fields. 158 11 Individual Assigned to Project: JOHN P. FRANKLIN, CEG, CHG, REA John P. Franklin is the president and pricipal geologist for GeoSoils, Inc. and will be responsible for any soil testing and geotechnical reports necessary for the success of the project. Mr. Franklin has extensive experience in geologic and geophysical investigations in such diverse areas as California, Utah, Nevada, Alaska, Baja California, and mainland Mexico, as well as offshore areas of California. He has performed detailed geotechnical work throughout southern California, including Los Angeles, Orange, Ventura, San Bernardino, Riverside, San Diego, and Imperial counties, and many projects included park sites and other such amenities as clubhouses, lakes, golf courses, etc. Mr. Franklin also has performed numerous Phase I and Phase II Environmental Site Assessments for developers, real estate transfers, and bank loan requirements. MUSCO LIGHTING 100 1 st Avenue West, Oskaloosa, IA 52577 - (800) 825-6030 Since 1976, Musco has focused on the design and manufacture of sports -lighting systems, from hometown Little League"' fields to professional sports stadiums around the globe. Offering solutions for both permanent and temporary lighting needs, Musco has attained first-hand knowledge of lighting issues that affect participants, spectators, and television. Thousands of schools, cities, and facility owners have counted on Musco as part of their team, while providing the most value for their sports -lighting budget. ORGANIZATIONAL CHART CITY OF LA QUINTA LA QUINTA XPARK EXTREME SKATEPARK GRINDLINE SKATEPARKS Matt Fluegge, Project Manager GRINDLINE SKATEPARKS Micah Shapiro, Lead Design & Public Involvement MUSCO LIGHTING DESIGN Community Works Design Group Scott Rice, Landscape Architecture ADKAN ENGINEERS, INC. GEOSOILS, INC. Charissa Leach, Principal - Civil Engineer John P. Franklin, CEG, CHG, REA ADKAN ENGINEERS, INC. Mitchell J. Adkison, Project Engineer -Civil Engineer BUILD GRINDLINE SKATEPARKS Mark "Monk' Hubbard, Field Superintendent GRINDLINE FIELD CREW &SUBCONTRACTORS 159 12 PROJECT START UP N Our principal design philosophy is that every community and project site is unique, requiring a skatepark design tailored to its end user and appropriately blended with existing surroundings. Through the selection of custom materials, landscape detailing and the use of green spaces in and around the parks, skateparks are not only athletic facilities but are social gathering places for the entire community. A thorough site analysis takes place alongside a review of topographical surveys and geotechnical reports. SITE PLANNING Our Design Team conducts site visits and public outreach to evaluate potential sites and site planning. Specific opportunities & constraints are discussed including: • Connections to adjacent uses and planned perimeter improvements • Proper drainage and storm water management Safety awareness and Crime Prevention Through Environmental Design standard principles Opportunities to add historic/thematic elements unique the local community. Grindline has been on the forefront of developing techniques to incorporate color, texture and skate -able art into its projects - improving the skatepark experience for its users as well as its surrounding community. PUBLIC INVOLVEMENT Grindline's design brief is best developed through engaging active park users and the surrounding community. We educate the community about the design process, establish open lines of communication and guide the ultimate vision for a skatepark. Public involvement is a key forum to address community members' varied ideas and ideals about skatepark design. Grindline gathers endorsements in a logical order and work to identifv and faces on common anals to bridae awns between stakeholder amens. In developing a skatepark design, we illustrate the concepts of the design and include site plans, developing a skatepark design, we illustrate the concepts of the design and include site plans, 3D renderings, elevations and sections for the owner to review. When a final conceptual design is agreed on, preliminary costs are estimated based on the concept and needed site amenities. Conceptual Designs illustrate our skatepark vision to key stakeholders and the community in interactive, full color presentations. All of our concrete is specified at a minimum of 4000 psi (our standard mix typically breaks at approximately 5500 psi at 28 days) and fully reinforced with #3 and #4 Rebar. All grindable edges are treated with steel edging or maintenance free pool coping to withstand the constant beating taken from skateboarders. CONSTRUCTION ESTIMATES & DRAWINGS Grindline is more than a skatepark design firm. We are a full service skatepark contractor that has constructed over 250 skatepark projects. Our extensive knowledge of actual skatepark construction allows us to provide more precise cost estimates than our competition. We have constructed projects across the nation and understanding clearly the large variance in material pricing and prevailing wage labor costs in each region of the United States. Grindline creates all construction documents in-house and our team conducts a 90% Drawing Review to ensure construction challenges are raised before ground is broken. Our team's experience with the Public Works design process across the nation makes us versatile in formatting project technical specifications to match the needs and requirements of the project Owner. 161 14 Grindline has worked with state funded projects, projects funded by private resources and a combination of both. We have structured budgets around in -kind donations from community supporters, local material suppliers and subcontractors. When funding presents a challenge, Grindline plays a key role in the mission to deliver a quality skatepark. Good planning and creative design can solve funding shortfalls and our phasing plans bridges funding cycles. Grindline has helped coordinate fund raising and in -kind donations for many clients in the following ways: • We provide detailed material lists with quantities and product specifications to simplifies the process for committees as they inventory donations. • We assist with the "in kind" campaign by getting the word out to local businesses of what the project needs and why. • We supply clients with sample donation forms so vendors can track the donation on their end while the client has a written inventory of the goods. IN -KIND MATERIAL & SERVICE DONATION EXAMPLES PROFESSIONAL SERVICES • Soil borings & geotechnical report • Topographic survey • Landscape design MATERIALS & EQUIPMENT • Temporary construction fencing, toilet, dumpster • Temporary power & water hook-up • Skid -Steer, Mini -Excavator, Roller • Structural fill material • Base course • Concrete supply • Rebar • Framing lumber • Galvanized steel (edging, coping & grind rails) • Drains, drain lines & irrigation lines • Plants &sod • Site amenities (signage, seating, trash receptacle .. water fountain, etc.) LABOR • Demo, clearing, grubbing & disposal • Scarify and re -compact sub -grade (over -excavate if necessary) • Import & place structural fi II material • Import & place base course • Rough grading • Concrete flatwork • Saw cuts, cold joints & caulking • Landscaping Grindline's Budgets are developed to preserve as much of the budget as possible for construction. We work diligently to keep engineering costs contained by developing all construction documents in house. This makes us very efficient and experienced in designing within a limited budget. YOUR LOCAL PARTNER IN ECONOMIC DEVELOPMENT Our unique position as the principal designer and prime contractor of our skatepark design -build firm allows us to offer the greatest amount of local procurement opportunities on public projects. We can take a proactive position on sourcing services, materials and labor to local vendors since we can allocate the budget and services under one Project Director. Grindline has measured and tracked the amount of money redistributed back into the local economies where our projects are built. $.64 of every dollar spent on a Grindline cast -in -place concrete skatepark re-enters the local economy through the purchase of local materials, local food and lodging, state and local tax revenue and local equipment rental as well as through wages and jobs by hiring local labor and subcontractors. LABOR d WAGES AL MATERIALS 28% LOCAL OUT OF STATE EQUIPMENTPURCHASES RENTAL 6%IV 10% LOCAL LABOR & LOCAL LODGING SUBCONTRACTORS LOCAL & STATE & FOOD 10% TAX REVENUE $% 11% 162 15 Since we specialize in cast in place concrete construction, our construction methods incorporate highly skilled shot-crete, flatwork, masonry and carpentry techniques specific to building skatepark architecture. Standard concrete contractors cannot replicate the level of expertise needed to construct custom skatepark design. As a full service design/build contractor exclusively engaged in skatepark development, our design experience provides us the ability to accurately control budgets and value engineer our projects as we progress through the construction schedule. Simply put, you just can't beat the creative possibilities of a custom, cast in place, concrete skatepark from Grindline. CONSTRUCTION OVERSIGHT As an Owner's Representative, we offer bid assistance, conduct field inspections, review shop drawings and progress reporting as well as provide punch list approval and final acceptance recommendations. With us, your park will be built on time and on budget. SUSTAINABLE DESIGN & CONSTRUCTION As a contractor specializing in concrete construction, we are highly aware of the effects from the growing amount of hardscape on the environment. On every job, Grindline incorporates green construction techniques such as: • Recycled concrete for sub base materials • Flyash in our concrete and shotcrete mixes • Onsite storm water management • Recycling of construction materials such as formwork rint"i fIfP rnnilf "Grindline builds the best skateparks on the planet!" Jake Phelps- Editor of TO 9 163 16 Our relationship with the client does not end when design and construction are complete. We continue to serve our clients and communities to ensure the skatepark project meets their full expectations. AS BUILT DRAWINGS Upon final completion of construction, a complete set of certified As -Built Plans in hardcopy and digital format will be developed and delivered to the client. GRAND OPENING & SPECIAL EVENTS Grindline Skateparks provides Opening Ceremony & Special Events services. Services are tailored to event needs including attendance at ceremonies, professional skateteam demos, skateboarding lessons for beginners, product give away, and Grindline The Band live performances. All Grand Opening events are coordinated with the local community and promoted through local and Grindline communication channels. WARRANTY Grindline will provide an unconditional one year written warranty on all building materials and workmanship from the date the park was substantially complete. If, within one year after the date of Substantial Completion of the Work or designated portion thereof any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. OPERATIONS & MAINTENANCE Grindline provides a comprehensive Operations & Maintenance Manual with a preventative maintenance schedule and instructions as a reference for the minor up keep recommended for skatepark longevity. We offer yearly site visit inspections as well as a one year walk through to ensure resolution of any potential issues. Site visits include a walkthrough with photography, inspection of the skatepark for potential safety, wear and tear issues and a comprehensive written report detailing our findings. Maintenance programs, yearly reviews, and training sessions provided to the Client are quite valuable when it comes to upkeep and the need for self performed repair of normal wear & tear. 164 17 Below is a tentative schedule for the project. We would work with you to refine this schedule to meet the specific needs of the project Pre kick off items - Geotech for site, Flyer to promote Community Meeting # 1 .... Trip 1 - Project Kick off, Site Visit, Community Meeting # 1............................................. Trip 2 - Coordination Meeting, Community Meeting #2................................................ Trip 3 - Coordination Meeting, Community Meeting #3................................................ FinalDesign Development..................................................................................................... 50% Construction Documents............................................................................................... 90% Construction Documents, Permitting (allow 4-6 weeks for permitting) ............. 100% Construction Documents............................................................................................. Construction commences...................................................................................................... Constructioncomplete........................................................................................................... ................... January ......... February 2nd ........ February 23rd ............... March 8th ............. March 18th .................... April 1 st ................ April 15th ................. May 27th ................ June 10th .......... October 31 st 165 18 Conceptual Designs illustrate our skatepark philosophy to key stakeholders and the community in interactive, full color presentations of the custom skate features and any other components of the project. Our 3d software allows us to build the 3d model right on top of the existing survey. This allows us to visualize the skatepark on the site and how it functions with other adjacent elements as we refine the design from preliminary concepts into permit level drawings. It also allows for accurate material take -offs throughout the design. We utilize our skatepark construction experience by doing a thorough analysis of the site, local material availability and labor costs to produce a preliminary cost estimate. This is refined throughout the design process to value engineer the design and maximize the project budget. It is our understanding that the City and Community desires a skate/BMX facility that incorporates classic concrete swimming pool and urban inspired concrete plaza obstacles with design elements that are uniquely "La Quinta" and "Coachella Valley". When looking at the local landscape, the surrounding mountains, specifically the Santa Rosa Mountain range dominate the view. The skatepark could reflect this through the use of colors, textures, or even a skateable mountain feature. The majority of architecture in La Quinta has a Spanish influence so any site furnishings (benches, shade structures, etc.) could use similar language to tie the park into the community. Custom pool tiles could also be used to reflect La Quinta's heritage. The facility should be designed to accommodate events and programming such as lessons, camps, after school programs, birthday parties, and special events such as skate jams / competitions. In order to accommodate this, viewing and spectating areas should be incorporated into the design. The community might want to consider a more extensive structure with facilities that would be able to house programming such as skate camps or birthday parties. Since it is across from the High School it seems like there would be the potential for programming through the High School. Electricity should be considered for a PA system or amplified music for events. As part of this lighting should be considered as well as the evenings during the summer will be a great time to use the facility. This just one possibility for the La Quinta Xpark. We look forward to working with your community to create a project that truly mts the needs of La Quinta's end users 166 19 MATT FLUEGGE Principal, Chief Operations Officer e4IN4141ut CONCRETE SKATEPARK DESIGN & CONSTRUCTION Key Projects: Kiwanis Skatepark, Lewiston, ID - As Principal Project Manager for the Design and Construction of the 14,000 sq. ft. Lewiston Skatepark, Matt was responsible for managing the design team as well as working closely with the City to maximize project funding. Through the use of labor performed by City personnel and local, in -kind, material donations, Matt was able to maximize the project construction budget and overall Skatepark footprint. Matt continued this coordination throughout the construction phase by orchestrating sequencing between the Grindline crew, City of Lewiston work crews, subcontractors, and material suppliers. In the end, the City of Lewiston was able to add an additional bowl due to the value engineering led by Grindline. The addition was easily implemented as it o of Landscape was considered during the design phase and included in the construction documents as an add alternate. Lee and Joe Jamail Skatepark, Houston, TX - Mr. Fluegge served as the Principal Project Manager for Design and Construction. Tasks included coordination with multiple disciplines of the design team, landscape architects, civil and structural engineers, In house management of conceptual design and construction documents and preparation of preliminary and final cost estimates, development and implementation of solutions to resolve issues of budget constraints, underground utilities, unsuitable soil conditions, review and approval of final as -built drawings including drainage system and steel placement, and management of the $800,000 construction project through certificate of occupancy from City of Houston Building Department. Judkins Park Skatepark, Seattle, WA - Matt Served as Principal Project Manager for both design and construction of the Judkins Skatepark project in Seattle WA. Mr. Fluegge worked with an in house Seattle Parks Landscape Archtiect and Project Manager throughout the design and construction to ensure a cohesive process throughout the entire project. This facility also consisted of further coordination between 4 public agencies: Seattle Parks & Recreation, Department of Planning and Development, Seattle Department of transportation, and Washington State Department of Transportation. The final design implemented strict on -site drainage infiltration requirements while playing off of the "Mountains to Sound" theme of the adjacent 1-90 Freeway corridor. FA MICAH SHAPIRO Principal, Lead Designer CONCRETE SKATEPARK DESIGN & CONSTRUCTION Skatepark Philosophy: Skateboarders themselves inspire the design that provides the outlet to develop their skills and talents. Key Projects: Steel Bridge Skatepark, Portland, OR - Mr. Shapiro served as the Skatepark Designer on a multi-discplinary team tasked with a development plan for the Steel Bridge Skatepark in Portland, OR. The goal of this project was to create a unique urban landscape, able to serve as both a regional attractor and more community -based gathering space which accommodates both skaters and non -skating observers. Responsibilities included integrating the flow of the street skating and transitional bowls into the site's existing topography of buttresses and swales, coordination with the rest of the design team, and presenting information to the stakeholder groups involved in the project. The result is a true urban downtown park, primarily focused on integration of components and creating a safe, aesthetically pleasing and sustainable hybrid of architecture, landscape, infrastructure, and public art. Spring Park, Houston, TX - Mr. Shapiro served as the Lead Designer for this project, which is the largest Skatepark in North America. With 78,000 sq ft of skateable concrete, expectations were high for this project. There was also large turnout at the community meetings with differences of opinions with regards to the skateable elements that should be in the park. Through thoughtful facilitation of the public input process and careful design, Mr. Shapiro was able to find consensus among end users to come up with a design that met the bar that a project of this nature required. Jefferson Skatepark, Seattle, WA - The selected site for the Jefferson Skatepark was constrained on all side by existing park elements and require careful attention to grading and avoidance of underground utilities to integrate the skatepark with it's surroundings. As the Project Manager and Lead Designer on this project, Mr. Shapiro was able to find consensus among end users to come up with a design that fit the park within these constraints, while maintaining a design that the stakeholders requested. During construction, Mr. Shapiro conducted a pre -construction meeting and numerous site visits to supervise construction as well as providing clarification on RFI's to ensure the success of the park. 168 21 KEY PERSONNEL TIMOTHY I. MALONEY, ASLA, CPRS PRESIDENT I PRINCIPAL -IN -CHARGE — 1 ► uusM,k000 B.S., Landscape Architecture, California Polytechnic State University at San Luis Obispo Licensed Landscape Architect, State of California, #2110 Mr. Tim Maloney is the President and Founder of Community Works Design Group. Graduating with Honors from Cal Poly, San Luis Obispo, he holds a Bachelor of Science Degree in Landscape Architecture. He is a member of the American Society of Landscape Architects (ASLA), California Park and Recreation Society (CPRS), and the Southern California Turfgrass Council. Prior to entry into the private sector of the profession, Tim was Assistant Landscape Architect for the City of San Luis Obispo. His varied responsibilities with the City included park design, streetscene design, consultation for the Architectural Review Board and City/ consultant liaison. The firm's philosophy, "We will exceed your needs," is accomplished by his hands-on approach to each project. As President of the firm, Tim maintains a strong role in the overall coordination of each project. He stresses physical and economical feasibility of the total project, through careful supervision and production coordination from initial design phases through construction implementation. SCOTT RICE, ASLA, LEED AP SENIOR PROJECT MANAGER B.S., Landscape Architecture, California State Polytechnic University at Pomona Licensed Landscape Architect, State of California, #5111 Ima Pane Mr. Scott Rice is a Project Manager with Community Works Design Group. Scott graduated with Honors from Cal Poly Pomona, with a Bachelor of Science Degree in Landscape Architecture. He is a full member of the American Society of Landscape Architects (ASLA). Scott is a LEED Accredited Professional. He currently serves as the Contract Landscape Architect for the City of Highland. Scott is in charge of CWDG's in-house quality control/ quality assurance process. In addition to his 10 year tenure with CWDG, Scott has also managed the design division of a nationally -recognized design -build firm, specializing in action sport facilities. 169 22 mcdi MER ENC3INEEFitS Charissa Leach, P.E., QSD/P Executive Vice President/ Principal Project Role: Responsible Charge Engineer Professional Registration: Professional Engineer P.E. 53390/CA QSD/P #133 Professional Affiliations: American Society of Civil Engineers Member # : 284913 Education: Bachelors of Science, Eng. Science, UCSD Urban Drainage, UCR Civil Eng. Office Practice, UCR Adkan Engineers: 24 Years Professional Engineering Consultants Charissa Leach, P.E., QSD/P Mrs. Leach has over 24 years of progressively responsible experience in all areas of project development and management, ranging from the initial feasibility of a project through to the construction phase. Since coming to Adkan Engineers in 1988, she has demonstrated the ability to estimate the scope of a project, determine the time requirements and complete the project on schedule. Beginning in our Planning Division, her expertise became evident early in her career and she was quickly promoted to the position of Director of Planning for Adkan Engineers. She oversaw the preparation and processing of plans ranging from individual parcel "lot line adjustments" to the 2,206 acre Rancho Royale Specific Plan, approved by the City of Desert Hot Springs in November of 1995. Mrs. Leach moved to our Engineering Division in 1991 and has proceeded through the ranks where upon receiving her license as a Registered Civil Engineer she was promoted to the position of Director of Engineering overseeing all engineering services. Mrs. Leach was promoted to Executive -Vice President and Principle of Adkan Engineers in February of 1998. In 2010 Mrs. Leach pursued and received her Qualified Storm Water Developer/Practitioner (QSD/P) certificate and since has had the opportunity to perform these services for over 75 projects throughout Southern California. Some of Mrs. Leach's recent work experience includes: Jurupa Avenue Extension, Riverside, CA - Mrs. Leach was the City Liason for this project which included the Preparation of street improvement plans for Jurupa Avenue between Van Buren Boulevard and Bradford Street, including the design of under street culvert at Hole Lake. The project included plan development for the construction of the roadway, master planned multi -purpose trail, water and storm drain. The project also required close coordination with City Public Utilities, So. Cal Edison, Riverside County Flood Control & Water Conservation District, Army Corps, Cal. Dept. of Fish and Game and preparing the project initial Study. A reclaimed waterline was also designed for the project and the adjacent commercial development. Pulte Homes, Riverside, CA - Mrs. Leach was the Project lead for this project since the beginning of this project; from numerous public hearings through precise grade she has stayed involved every step of the way. This is a 104 lot housing development on 220 acres. Adkan Engineers prepared all improvement plans for the project. The project exhibits two large arch culverts that required hydrologic modeling and structural design. Off -site right-of-way exhibits and legal descriptions were prepared and recorded in conjunction with this project. The project included a master planned 24" waterline that was prepared for the City Public Utilities Department during construction and a sewer lift station, both of which were designed by Adkan Engineers. • Overlook Parkway, Riverside, CA — Mrs. Leach was the Responsible Engineer for the design and construction this master planned Arterial Highway that traverses four hillside tracts prepared by Adkan Engineers in the last ten years. The roadway exhibits a median and is super -elevated through a long portion. Currently Adkan is coordinating for TUMF fee reimbursement on the highway. Air Force Village West, March ARB, Riverside, CA — This project consisted of civil design construction of single family housing, together with the expanded care facilities. Mrs. Leach was the Responsible Charge Engineer for the project, where she not only was responsible for the project PS&E documents but also met with base staff for the selection of the contractors and assisted in the contract letting, bid negotiations and budget management throughout the course of the project. Mrs. Leach also provided engineering services during construction, as needed. 170 23 MC11kMri ENC3INEEFtS Professional Engineering Consultants Mitchell J. Adkison, P.E., Mitchell J. Adkison, P.E.,P.L.S., QSD/P P.L.S., QSD/P Since coming to Adkan Engineers in 1997, Mr. Adkison has gained a broad knowledge of many Civil Designer different aspects of both civil engineering and land surveying. Mr. Adkison's first six years with Adkan Project Role: were primarily in the field of land surveying. Having started his survey career employed part-time as a Civil Designer chainman, he eventually advanced through the ranks to become a party chief running his own survey crew. Mr. Adkison is experienced in many aspects of the land surveying discipline including: Professional construction staking, topography, boundary/record surveys, legal descriptions and is familiar with the Registration: use of GPS and Robotic Survey Instruments. In 2003, Mr. Adkison made the decision to transfer into Professional Civil Engineer the civil design area. P.E.75731/CA P.L.S. Since his transfer to the civil design area, Mr. Adkison has proved himself invaluable as he has the QSD/P #132 ability to translate field data to CAD format for design with little effort. Mr. Adkison's duties at Adkan Education: include the design and processing of infrastructure plans, grading plans, and water quality Bachelor of Sciences, management plans. Mr. Adkison tackles each project with an enthusiastic approach, eager to take on Civil Engineering, Cal Poly the most difficult tasks. Pomona Adkan Engineers: 13 Years Mr. Adkison, received his Professional Land Surveyor's license in 2011, making him Adkan's 'go -to' man with regards to survey field operations and civil office practice. His ability to investigate an issue and present multiple solutions in unmatched. Some of Mr. Adkison's recent work experience includes: Jurupa Avenue Extension, Riverside, CA - This project included the Preparation of street improvement plans for Jurupa Avenue between Van Buren Boulevard and Bradford Street, including the design of under street culvert at Hole Lake. Mr. Adkison was a civil designer, responsible for plan development for the construction of the roadway, master planned multi- purpose trail, water and storm drain. The project also required close coordination with City Public Utilities, So. Cal Edison, Riverside County Flood Control & Water Conservation District, Army Corps, Cal. Dept. of Fish and Game and preparing the project initial Study. A reclaimed waterline was also designed for the project and the adjacent commercial development. The project also required construction traffic control plans and signal modifications. Pulte Homes, Riverside, CA - This is a 104 lot housing development on 220 acres. Adkan Engineers prepared all improvement plans for the project. The project exhibits two large arch culverts that required hydrologic modeling and structural design. Off -site right-of-way exhibits and legal descriptions were prepared and recorded in conjunction with this project. The project included a master planned 24" waterline that was prepared for the City Public Utilities Department during construction and a sewer lift station, both of which were designed by Adkan Engineers. Mr. Adkison was a Civil Designer on the project. Alvord Unified School District, Riverside, CA - Prepared grading plans and drainage plans for expansion at existing school sites. This project required the verification of existing topography video inspection (Terrace Elem.) and potholing were used to verify existing facilities. These projects all included coordinating several utility conflicts with and without existing DSA plans. Facilities were sized and designed for the projected demand. Mr. Adkison was instrumental in completing these projects on time. As a Civil Designer on the project, he also coordinated with the site architect and the DSA for project approvals. Riverside Unified School District, Riverside, CA - Prepared topography of the three existing school sites and the District Office to be used for the design of future expansions. Our services provided for research of record maps and utilities. We also established horizontal and vertical control; set aerial targets (excluding the District Office); retained a photogrammetrist; located utilities, including sewers and inverts. Once the field work was complete our office staff reviewed the topography to verify if additional survey work was required and then prepared the final topographic base used for design plans. The District plans to utilize this information to modernize these schools and district office. Mr. Adkison was a Civil Designer on the project and was responsible for field survey coordination. 171 24 JOHN P. FRANKLIN, CEG, CHG, REA - GEOSOILS, INC. EDUCATION B. S. in Geology, 1975, University of Southern California, Los Angeles REGISTRATION AND CERTIFICATIONS State of California, Professional Geologist, No. 4100 State of California, Certified Engineering Geologist, No. 1340 State of California, Certified Hydro -Geologist, No. 532 State of California, Registered Environmental Assessor, No. 1675 State of Arizona, Registered Geologist, No. 27157 State of Oregon, Registered Engineering Geologist, No. E141 1 40-Hour/8-Hour Refresher Health and Safety Training for Hazardous Waste Operations EXPERIENCE John is the president and pricipal geologist for GeoSoils, Inc. and has extensive experience in geologic and geophysical investigations in such diverse areas as California, Utah, Nevada, Alaska, Baja California, and mainland Mexico, as well as offshore areas of California. He has performed detailed geotechnical work throughout southern California, including Los Angeles, Orange, Ventura, San Bernardino, Riverside, San Diego, and Imperial counties, as well as Kern County, and Mono County in northeastern California, and Mexico. This experience includes active and potentially active subsurface fault investigations on the San Andreas, San Jacinto, Elsinore, Chino, Cucamonga, Indio Hills, Rose Canyon - Newport -Inglewood, La Nacion, Camarillo, Pinto Mountain, Mesquite Lake, Walker Lake, and Mono Lake faults, landslide and slope stability investigations, stability investigations for mines and open -pit mines, seismicity studies, subsidence and fissuring investigations, rippability evaluations, solar projects in the Mojave Desert, and expert witness services. He has been involved with geotechnical studies in soft -rock and hard -rock sites for proposed residential, commercial and industrial developments, dams and retention basins, feasibility studies, coastal bluff stability evaluations, hazardous waste studies, and groundwater projects in southern California and Mexico. Mr. Franklin has been the project manager and principal investigator on geotechnical studies and grading for several large residential projects throughout San Diego, Riverside, San Bernardino and Kern counties, several high- rise commercial and residential projects in downtown San Diego, custom single-family residences throughout southern California and Los Angeles County, and military bases at Camp Pendleton and Twentynine Palms. Many projects included park sites and other such amenities as clubhouses, lakes, golf courses, etc. Mr. Franklin also has performed numerous Phase I and Phase II Environmental Site Assessments for developers, real estate transfers, and bank loan requirements. Project sites have included existing gas stations, mines, nurseries, groves, schools, commercial and industrial complexes, and residential properties. 172 25 STUDY SESSION ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE- ECONOMIC DEVELOPMENT STRATEGIES RECOMMENDATION Discuss 2016/17 economic development strategies. EXECUTIVE SUMMARY • On July 21, 2015, Council directed staff to implement the strategies outlined in the 2015 Economic Development Strategic Plan (Plan); these strategies encompassed business attraction, preserving quality of life, addressing blighting conditions, and collaborating on regional economic development initiatives. • One initiative entailed conducting a community survey, which occurred in February 2016; 110 responses were received. On March 9, 2016, the Economic Development Subcommittee (Subcommittee) provided feedback on the 2015/16 accomplishments and initial input for the 2016/17 Plan. FISCAL IMPACT - None. BACKGROUND/ANALYSIS The 2015/16 Plan was the City's reentry into economic development with a broad set of goals and limited investment. The accomplishments are listed in Attachment 1 and summarized below: Business Attraction • Conducted market research tailored to retail attraction efforts (i.e. demographics, traffic counts, market potential, entitlements, and matching sites with retailer parameters); • Developed informational pieces that included a community overview and market characteristics for specific retail sites; • Attended International Council of Shopping Centers in San Diego; proactively set 11 appointments with potential leads that led to two site tours; and • Engaged local real estate brokerages regarding aligning potential retailer leads with La Quinta retail properties. 173 Preserve Quality of Life Secured funding and planning two community clean up events for Fall 2016; • Held the first annual "Block Party" during the Careerbuilder Challenge; and • Collaborated with the BMW Driving School to co-sponsor an upcoming community event. Regional Economic Development Provided initial funding and staff support for the East Valley Coalition. Community Engagement The Plan included an element to engage the community as a means of validating the vision and initial efforts. An online survey (Attachment 2) was launched in February 2016; residents and business owners were informed of this survey through the GEM, social media and the City's website;110 responses were received. The survey provided general data on the respondents, and opinions regarding the City's economic development principles and quality of life aspects. The responses are summarized below: • 85 percent described themselves as full time La Quinta residents; • 51 percent were unaware of the 2015 Plan; • 80 percent either agreed or strongly agreed with the guiding principles; • 70 percent either agreed or strongly agreed that the City should streamline processes, actively reduce commercial vacancy rates, and provide financial incentives for businesses to locate in La Quinta; • 55 percent either agreed or strongly agreed with the current SilverRock development plan; however, 25 percent were neutral, and 20 percent disagreed or strongly disagreed with the development plan; • 83 percent were familiar with the proposed CV Link project and 52 percent indicated that they either support or strongly support the project; and • 66 percent agreed that the City should partner with business to add jobs. The survey provides solid data regarding the community perspective's on what the City should be doing regarding economic development. 174 Going Forward The Subcommittee's input and the survey results illustrate three main focus areas for the coming fiscal year:1) continue/expand business attraction efforts; 2) develop a vision for future industry that creates jobs; and 3) improve overall program awareness. One of the bigger challenges is the ability (or lack thereof) to influence market conditions; this is typically achieved by having a vested stake in the desired real estate or ability to provide capital. The City does have select properties in the Highway 111 corridor, the Village and at SilverRock, and has been actively pursuing development opportunities for these assets. However, the City lacks the financial resources to invest in incentives and a broader community marketing effort. Listed below are questions for which staff is seeking Council input. The answers will assist in preparing the 2016/17 Economic Development Plan and Strategies. • Should the City continue business attraction efforts in the retail and hospitality sectors and if so, what would be the appropriate level of annual investment? • What is the metric(s) to be utilized in measuring success? • Is there a desire to pursue an industry that is not currently in La Quinta or in the region? • Does the Council envision a specific function or success from the East Valley Coalition? • If the City were to influence the market through real estate or capital investment, what would be the desired return on investment? • Are there specific investments or programming that should or should not be considered? ALTERNATIVES As this is an informational item, staff does not have any alternatives. Prepared by: Ted Shove, Business Analyst Approved by: Frank J. Spevacek, City Manager Attachment: 1. Matrix of Accomplishments - Economic Development Strategy (2015) 2. Community Survey - Economic Development Validation 175 176 ACCOMPLISHMENTS ECONOMIC DEVELOPMENT STRATEGY 2015 ATTACHMENT 1 Outputs Completed Outcomes R/E Brokerage ✓ Communication Market Analysis for: Defined Opportunity ✓ Sites' Auto Dealer Use ✓ Business Cost of doing ✓ Attraction Business Analysis Trade shows/ 16/25 Stimulate Commercial Development: F2F Networking ✓ 20,000/ SF 1 Potential User ICSC San Diego 20 Jobs d Site Tours ✓ 2/5 $500k Investment Pre -Escrow Phase Develop Collateral ✓ Materials Assisted in Survey data to be reported by Chamber periodically Streamline Originating Formal ✓ Chamber conducting surveys permitting/ Outreach Program - Chamber goal 45 interviews Business Chamber Engagement Exit Interview, Customer Service In Progress Incorporate into Website Revision Survey Address Blight/ Identify and Secure Reduce Partial Funding for Potential for Community Clean ✓ 2/Yr Scheduled for Spring/Fall 2016 Blight Events and City Turf Reduction (CVWD) SilverRock Schedule Adherence ✓ On Pace with Current Schedule Identify New Venue ✓ Special Events for "Fun" Events Block Party at SilverRock (January 2016) Seek and Engage ✓ Event Organizers Community Developing an Event In Progress Tentative Summer/Fall 16 Marketing w/ BMW School EVC Set Up and Fund ✓ Approximately 50% Outputs Completed Including Manager ED Strategy Validation Community Survey ✓ 110 Respondents - Summary and Report: HERE 177 178 Economic Development Validation Community Engagement - Validating 2015 ED Strategic Plan The City of La Quinta invites you to participate in validating the 2015 Economic Development Strategic Plan. The survey is approximately ten (10) questions, most are multiple choice format. Please take your time and carefully read each question and answer candidly. There are no incorrect answers. The City will analyze the results and incorporate input received from this survey into the 2016 Economic Development Strategic Plan. 1. Please check which best describes you: Choices Percentage Count Full time resident of La Quinta 85.45% 94 Seasonal resident of La Quinta _ 10.91% 12 Resident and business owner/operator in La Quinta ' 1.82% 2 Business owner/operator in La Quinta , 1.82% 2 Total 110 2. Are you familiar with the City's 2015 Economic Development Strategic Plan? Choices Percentage Cou nt No S7..'°: 57 Yes +.:'.. 42 Unsure 11 Total 110 3, Please rate the Guiding Principles (long range goals): a. Continue to develop economic base (attracting year-round and recession resistant business) ME-_ oP O Q' �o h b. Expand hotel and hospitality amenities so an 20 o � ma mo � d m y c. Support the development of the La Quinta Village commercial district 60 40 . ■ 20 , �o y roc h 179 d. Support opportunities to create housing inventory for all ages and income levels 40 20 OEM 0 a y Ae I e. Preserve quality of life through recreational and cultural events GO 40 20 o ■� e4f Qs, _qj 1 d �.Q A `QC f. Support efforts to regionally promote economic development throughout eastern Coachella Valley 60 40 20 ■a — 180 g. Periodically update the Economic Development Strategic Plan through community engagement 60 40 10 20 o t� c� 9�Vq PA aye 4. On a scale of 1 to 5, please indicate your likeliness to support: a. Implementation of strategies to reduce and maintain loan commercial vacancy rates 60 ao 20 0 a Q .� �S b. Streamline local government processes for business $o 40 � ■ 20 0 � C\ �O, 1J y� yQOa � Q O `oe c. Providing financial incentives for attraction, expansion, and/or retention of businesses ME= __ d. Support the SilverRock master -planned expansion i c t MMMM� �P 05 181 6. In terms of special events the City hosts (i.e. "19th Hole Block Party"), did you attend? Choices Percentage Count No M 91 % 78 yes - 18.184E 31 Unsure 091% 1. Total 110 b. How likely are you to attend future City hosted events? Choices (scar) Percentage Count Strongly Agree (5) - 27..36% 29 Agree (,! 45.18% 48 Neutral (3) — 17.91% 19 Disagree;_! - 8.49% 9 Strongly Disagree (1) 0.94% 1 Total 106 Unanswered 4 Avg Score 3.9 c. Should the City consider changing the number of events hosted each year: Choices (scar) Percentage Count Strongly Agree (5) 14.29% 15 Agree (4) - 117696 26 Neutral (3) 49.52% 52 Disagree (.) - 7.61% a Strongly Disagree (t) 3.8196 4 Total 105 Unanswered 5 Avg Score 3.4 8. Are you familiar with the CV Link project proposed by the CVAG? Choices Percentage Count Yes 836498 92 No - 16.36% 18 Total 110 182 9. What is your opinion of the CV Link? Choices (store) Percentage Count Strongly support (5) 37.11 % 36 Support (4) - 15.46% 15 Neutral (3) 26.80% 26 oppose (2) 6.19% 6 Strongly oppose (1) 14.43% 14 Total 97 Unanswefed 13 Avg Score 3.6 IO.In your opinion, does the City through ED, need to partner with business to add jobs? Choices Percentage Count Yes 66.36q, 73 Unsure - is.18% 20 No 15.45% 17 Total 110 183 184 In terms of reducing commercial vacancy, In your opinion, does the City lack any particular type Entry Id which types of business should the City of retail or retailer? Are there any other comments or concerns you would like to sure? attract? More hospitality, bars, cafes, eateries of quality, more More use of Old Town and parks for special events.More of great partnership with Goldenvoice for music events!Love all the events hike 1 "green businesses", high tech sector- embrace the Household, furniture,non big block,major grocery store in cove Block Parties!Like the direction city is going.Continue and grow govt/council engagement with Citizens. Increased use of social media to future connect with citizens.The Gem should be online version as well as print for stronger reach and engagement. 4 Family activities 9. ►. No 5 No 6 A variety We need a larger grocery store. I like Jules but it doesn't really fulfill my shopping needs 7 REI 8 Anything besides after hour raves startig or running No into the middle of the night 9 Entertainment No 10 Medium price and value 11 Those that support year round residents. Women's clothing, major department store 12 13 14 15 16 healthy quick serve restaurants, retail and grocery Retail Local businesses, no big box sites! health care M sporting goods ( big 5 too small) Grocery, sporting goods, e.g., bicycle, outdoors No No Don't close schools. Build our community don't tear it down. Closing John Adams is a shame on the community. Worried about crime in the Cove. I support the proposed condo and business development of Old Town. I oppose the gas station and other-developent at Washington and 50th. I would like to see more vendors at Sunday farmers' market, and would love it to continue in summer. Don't know about your use of 'sure' but I don't mind sharing. The City of La Quinta needs to put a new face on Olde Town. It resembles an amateur approach to a problem many downtown areas have faced. Is it broken? Not yet. Some have successfully developed their downtown and others have not and of course their downtown's no longer exist. This city must either do something about it now or get use to losing the traffic that brings in much needed support for the existing retailers and other commerce. Once the retailers leave, the traffic begins to dwindle causing other businesses to close or re -locate. I recommend closing Avenida Bermudas from Tampico to La Fonda to normal vehicle traffic. Also close Desert Club from Tampico to La Fonda creating an Olde Town Square. Foot traffic and bicycle traffic would be allowed of course and some kind of transit system to get shoppers from their cars to the shops and back to their cars. (An electric trolley or 3 wheeled bicycle drawn carts or even 6 passenger electric carts.) Missing is a candy store or confectioner's, curio shop like an All Things La Quinta Shoppe and a point of interest [archway, tower, etc] that everyone wants their picture taken with are just a couple of ideas. A stage area of contemporary design that folks can use for a variety of events (i.e. weddings, small concerts, etc). Introduce more pavers to replace asphalt. Allow more sidewalk vendors which would allow fledgling businesses to start without a lot of overhead/fixed expenses. Their permits could be renewable every 6 mos but preferably on an annual basis. Without large vehicles there would no longer be a need for raised sidewalks within the Square. The city needs to resolve the lack of landscape maintenance for north La Quinta and the constant problems at La Quinta park due to loitering by high school truants. in addition, Silver Rock seems to be going nowhere. It may be time to cut bait and focus on other opportunities. The Starter Bros shopping center is shabby and needs an update. I don't want to see mainstream Big business here in the Old Town area. That is what makes use so unique and a great place to live! 185 17 18 19 Manufacturing 20 21 22 23 24 25 26 27 28 29 30 31 32 we Claim Jumpers, Chillies High end clothing Hospitality, small shops owner operated . Less big box and franchise businesses. More control over No architectural design. No No small manufacturing No No No Small businesses and merchants. A small super market for south east La Quinta residents between PGA West SE La Quinta super market and Trilogy. 99c store,l hardware, everyday low cost a general affordable grocery store wide varietv No No all business tvaes welcome No we don't need raves or similar events here. I would be in favor of the CV Link if it was done on a smaller scale, to be used for walkers and bikers. I am against providing for golf carts and similar vehicles. In this tight money environment the city should not be spending money on parties such as block parties or other social events for "party animals". Mayor and council seem to spend too much time at events more time in attracting long term businesses who employ full time professionals. Although they don't help revenue they would attract full time employees who spend money. Thus sales tax revenue. La Quinta is unique and it should stay that way. We don't need more gas stations or quick pick up stores such as 7-Eleven's . Those type of businesses are best left on Highway 111. We need to maintain our town and our residential areas through code enforcement. Don't screw up a good thing by adding more national stores that have no real connection to our community. Greed is not a good thing. Safety and emergency services Could always be better! Need to keep attracting business and residence that live here full-time It only took 2 traffic tickets to convince me to move. You know the good guys from the bad guys, give the tourist, locals and harmless old folks a break. As you may or may not know the existing Indio Polo Alliance has decided to expand to include subdivisions in La Quinta to join them. Therefore, we will be asking the cities to do whatever they can do legally and politically when the City of Indio reviews the changes to Golden Voice's request to alter their Use Permit to increase the number of attendees in 2017. More specifically, to obtain a TRULY REAL & VERIFIABLE EIR as it relates to resonating (vibrating) sound levels and reducing the number of hours of the festival thus precluding the Polo Alliance from filing a class action suit in order for us to have peace and quiet enjoyment of our property, The City Council has A DUTY to protect or security and quiet enjoyment and quite frankly in my opinion has not lived up to its duty. The alliance will more than likely grow to more than 15,000 residents in the coming year and we will do whatever we need to do to see to it that those three items are seriously addressed. Let me repeat them: 1. Reduce the sound levels especially the booming (vibrating) base SUBSTANTIALLY, and not allow vulgar language be blasted all throughout the surrounding neighborhoods. 2. Enhance security by stationing more police and cars in strategic locations at entrances to our subdivisions. 3. Reduce the number of hours of the festival to 11 pm. All three of the aforementioned items are being addressed in other cities across the nation and unfortunately sometimes in the courts and in most cases the people are winning these suits. As our alliance grows stronger we hope our city fathers seriously pay attention to our needs; otherwise, they will leave us no alternative but to respond at the ballot box with candidates that will. April is one of the best weather months in the Valley and we cannot sit outside and enjoy our yards or invite guests from out of town during almost the entire month. And as you know, GV wants another festival in October, the best weather month in the Fall. We have nothing against the free marketplace and wish GV all the success in the world BUT NOT AT OUR EXPENSE! We hope you will genuinely listen to out friendly pleas and do something to help bring about these changes before this situation becomes the type of struggle we all want to avoid. Thank you for listening, 186 Upscale retail, Artisan/studio retail, upscale restaurant, Upscale, trendy retail vendors and indoor/outdoor restaurant vendors that are part of a "planned" development that is NOT 33 Food Truck vendors, Other unique indoor/outdoor vendors. part of a typical " strip mall". Aren't there any more imaginative developers available in this area? 34 35 36 37 38 39 40 pub pub's with music, ethnic food eateries, icecream parlors, Grocery store in the old Ralph's building. Unique boutiques in Old Town as well as galleries, small bookstore/news stand, bakery and deli clothing, restruants, apartments, clothing, restruants, apartments, -0[7 See above 081 In old town; a restaurant where the Hogs Breath was, travel store, a few more service stores, and at least one No national brand store. 41 Shopping 42 43 44 45 46 wo Clothing No We need a Ralph's replacement. No No No Don't know enough of the demographics and economic 47 profile of LQ residences to provide an informed opinion No rather than a knee jerk recommendation. I would love to see a more imaginative development in our economic growth plan... to help keep the "gem of the desert" feel of La Quinta. We need to develop the up and coming commercial areas to create more of a "destination" feel, not only for tourist and part-time traffic... but for full-time residents to have a "wanna be, wanna do, wanna participate" in the "destination" they are lucky enough to live in. Has anybody on the City Staff ever visited Downtown Disney? Or Downtown Dallas? Or any other'Downtown' city area that is vibrant with the hustle, bustle of pedestrian, street traffic? If we could capture that 'downtown' aura for every new development in La Quinta, and keep an ongoing participation relationship between all of the development in the valley, we would create an exciting new personality to our "gem of the desert" destination. We need more indoor/outdoor, walk about, need to go there, overall environments. Especially during the summer months. How about creating a shuttle service that has an old fashioned 'depot' center and services all of the valley with quirky, street car designs to the shuttle vehicles. (This type of transportation would make it fun to travel throughout the valley... or at least, throughout La Quinta.) The city needs to encourage and recruit more imaginative developers and city planners. If we want this desert area to grow and become a world class destination, we need to think outside of the box. What we don't need is more of the same thing we already have. (Which is way too much of the strip mall, franchise mentality, mile after mile... from one end of the valley to the other.) Let's get imaginative and have some fun with new development! We are unique and attract tourists. Look at Carmel, San Diego, Seaport Village, etc. We have golf, tennis, hiking. Lots of business selling related items, showing films of people doing those sports, or watching them while enjoying a beer. Sitting outside in the shade sipping on a lemonade, maybe watching the ducks swimming in a pond. A promenade area where people can walk around or sit and people watch. Professionals, doctors, lawyers, accountants, all would eat and use nearby facilities. I strongly support the filling of vacant buildings before approving new building. Is it not possible to offer interested businesses incentives to occupy empty buildings? I think having the extension of old town with the condos is a great idea. Repurpose the old Ralph's center and move the current stores to old town. Cut down red tape and taxes for businesses and then stay out of their business. Government creates the problem and then wants to spend even more money trying to fix it. God help us. Reject the proposed truck -stop type development at 50th and Washington. Try to attract a replacement grocery store for the closed Ralphs. 187 48 49 611 51 ON 53 54 55 56 57 58 59 60 61 Non recreational to provide a a sustainable business throughout the year that is not driven by "snow birds" Don't know enough to answer restaurants, hardware store back Established businesses, but not fast food nor automotive services. M sewing machine and fabric stores It needs to develop more El Paseo type shopping with a lower cost to the vendors and merchants we No No No No No No No Medical marijuana No It has never been clear to me how all these cities (LQ IW PD CC PS) all fit together to mutually support and promote business across the entire valley... As islands each is not big enough to stand on its own with a major theme although IW does have tennis and Indio the Coachella Fest. But these are episodic and very short term... To wit, we probably spend as much $$ in the other cities as in LQ. PS appears to have a clear view of who it wants to attract and how... Not sure how the "gem of the desert" slogan is leveraged to carve out a similar PS. type model that is pretty clear and unambiguous... Is it golfing? A resort city focusing alternative life style to PS? What?? I remember last year that someone mentioned to one of the candidates running for mayor that LQ lacks a compelling commercial "go to" destination as PD with its El Peseo & River; IW with tennis center; PS with its restaurant row (my words)... Not sure what is or will be the compelling "go to" feature/center? Costs and regulation for business in LaQuinta need to be controlled and more incentives offered for new businesses and relocating businesses. I myself would consider moving to LaQuinta and moving my business if the overhead and tax structure was more conducive to me. I love the area and the summer heat would not deter me from the move, the financial hurdles of moving my business would. Roads getting worse .... also there are no plan in place to enforce vehicle laws such as speeding, running stop signs etc. especially in the COVE Is this question even a sentence? Anyway, its a concern that your survey didn't even include a question on controlling government expenses. Try that. The amount of City regulation here is out of control. Eliminate half the people involved in issuing permits and otherwise strangling development. Stop the SilverRock project... if you sell our tee times to developers, people will move out, I know I'll think about leaving. And if you need to raise taxes just step up and do it rather than hide behind a citizen's group for air cover. Here's the thing ... the City can't really attract business directly. What they can do is promote residential development by making it easier to build here and marketing moving here to Pacific NW, Canada, etc. With development comes business... if you don't get in their way so much. Main feedback is kill that stupid SilverRock project. The residents that want it are non -golfers who think its easy money but it will result in golfers moving out and a decline in real estate values. You're taking the gem of the gem and selling it and us out. Or you could build a second golf course, but I'm sure you'll say you don't have the money. Its not that complicated. Give people a reason to live here, make it easy to live here, make it easy for business and your problem will be solved. Eliminate the hassle factor. You are the hassle factor. Good luck. There are plenty of services and businesses around LQ, it should not be a priority. Maintaining the beauty and quaintness of the community is LQ's attraction, don't change the atmosphere. Thank you. Enforce building codes in the cove. Dark sky lighting, noise, support crime watches. 188 XK 63 64 65 66 67 68 69 70 71 72 73 74 First check your typos I'm sure you mean share not sure. Stream real-time council meetings that are produced professionally possible to have high school AV departments assist. The city needs to be more transparent. The council and other public meetings should be made Regional mall available on public access TV. The city should explore other options than the riverside sheriff dept. There is virtually no crime , the majority of homes are in gated communities, why the need for so many police? La Quinta's budget for policing is out of balance. Less police or a more aggressive approach in negotiations with the county are needed. Possible outreach to other cities to combine resources. The percentage increase for police services is not acceptable Traffic traffic traffic. Is your major problem area. NOT gas station! something to go in Ralphs location No City government should govern city municipal matters only. They should not be running golf courses or hotels or other commercial enterprise. Just do the job of running the city and you should be able to stay within budget. Dining, Supermarket, Supermarket (Cove area) 1) Not always a good idea for City to put money into a business that cannot support itself or might not exist down the road (Saxony). 2) Find grocery store tenant for empty Ralphs building Would like to see another grocery store in the empty Ralphs building. 3) CV Link would be a positive project for LQ. 4) >> How about a %Q Link", from the wash at Ave 50 to Hwy 111? A decomposed granite path (like SilverRock perimeter) would be low maintenance. Doesn't have to be fancy, just functional. 5) LQ should be bike -friendly, and promoting bicycle use whenever possible. REI No quality, full service sporting goods eg. REI Do not follow Rancho Mirage's lead on CV Link. Our Bear Creek walking/running path/bike lane has proven to be a huge asset to La Quinta and the valley. Don't let NIMBY jerks stop a quality project that will benefit us all! More businesses that are better suited to meet the income level of full time residents' physiological & Full service grocery chain for the Cove. Jules Market sucks!!! safety needs. Less high end convenience stores that cater to part time residents & tourists. No Canned Food Warehoouse, Breakfast eateries, Medical Reasonably priced grocery Loved the new turnabouts. Need a couple more. I would like to see more underground utilities. Too many picnics with free stuff offered offices would like to see Animal Control returned to local control. supermarket supermarket in cove Continue to improve recreational facilities that can be used all year ..ie, I don,t understand why we don,t have an all year Indoor Pool facility as Palm Desert does, and I feel that the Pool at Fritz Burns Park is underutilized in the Summer and should be more available and not No as restricted in hours..Also, this is a city of Pet Lovers and the Dog Parks are badly in need of repair and maintenance..not enough shade and water features ... Also..WHY doesn,t the City improve with Landscaping all of the vacant Land it owns in Old Town..? ... Or turn them into Mini -Parks with Benches and small water features.. 189 75 FPO 77 78 79 80 81 82 83 84 85 86 87 88 89 D ept Store businesses that attract young adults and young visitors No (not always seniors) medical, banking, convenience store, restaurants No No No Environmentally clean. Family friendly. No smoke or No marijuana stores. No massage shops. IT services. book store Grocery Store Grocery Store No We don't need more businesses No Restaurants Nordstrom type No New Super Market to Replace Ralph's near downtown. Give them tax free status as Hobby Lobby Market to replace Ralph's No Restaurant and recreational businesses A major grocery story in downtown Businesses that attract trust worthy citizens. No These are serious times in La Quinta, and there are serious issues needing our attention. We all need to insist upon a basic standard of truth from our elected officials and community leaders. We must cultivate a commitment to truth to show our young people and children that it has to start here with us. La Quinta is in the midst of needing a long range planning process. This is needed to guide our City over the next decade. Our landscape is dynamic and rapidly changing. In order to maintain La Quinta's legacy of excellence and tradition, we must analyze our current position and plan for the future. The strength of this process depends on the engagement of all members of the community I keep hearing that the city would like to draw a younger demographic but as long as it continues to cater to a conservative older crowd that's all we will get. I like my city but we are mostly just a suburban "bedroom" community rather than a growing vibrant city. For example: The theme is the "gem of the desert". Seriously? There is nothing remotely attractive about that motto. All the more vibrant businesses are hugging 111 or going to other cities. Instead of spending huge amounts of city money on safety and protection for all those people in country clubs, let's put it into services for the majority of year-round residents who live here. We are pleased with the management of our City. We appreciate the mayor's visibility and active support of La Quinta businesses. Use social media more to inform and celebrate all aspects of La Quinta, especially on Facebook and NextDoor. More social events in Old Town - especially for adults. Thank you, John Polak Laguna de la Paz Let's keep la quinta quaint and not over populated The SilverRock expansion screws all the full time residents that own and pay taxes in favor of tax revenue from the newly built hotels and homes on City land. The officials at Silverrock says it will be very hard for residents to get a Tee Time. THE DEVELOPER SHOULD BE FORCED TO BUILD THE 2ND COURSE for he use of the hotels. Leave the original course to the residents with their Resident card. Presently the average time to play a round is over 5 % hours. What will it be like in the future if we can even get a Tee time. I pay real estate taxes on 4 homes, what do they pay. We are get screwed!!!!!!! I don't think the city should financially support businesses or make deals with developers. I believe that is what got the city in trouble with the landscaping around Del Oro and other La Quinta development communities. I think it is poor management to make deals with developers then after a few years try and put the cost of landscaping on the home owners. It is also a VERY BAD idea to think about increasing the sales tax. As a resident, if the sales tax was increased I would no longer shop in La Quinta. I would shop in the surrounding cities that do not have higher sales tax. I work in Rancho Mirage so I could shop there or Palm Desert when I am on the way home. Put more taxes on the people who rent their homes - it is a nuisance and they should pay the city more than 15% of the rent they charge. The city should also work with LQHS to make the tennis courts/track and swimming pool accessible to the public for a small fee. Our taxes paid for the HS so why not let us use it for fitness. Not everyone can afford a membership to the local gyms. Thank you. 190 Oil 92 93 94 95 96 97 98 w' 100 101 102 High tech, 4yr.college Retail small businesses, artist studio spaces, art galleries Commercial kitchen where u can rent a space to produce goods Vegetarian restaurant 01 art galleries/art oriented No something or somewhere for kids to go and have fun besides skate parks. roller rinks, ice skating ? No something. Businesses that are useful to obtain everyday goods and services Retail - high end!! Fewer chains and franchises! More fast food chains, big chain restaurants, ethnically diverse restaurants that are non-existent in the valley like: Chick-fil-A, Sonic, Johnny Rockets, Ruby's, Portillos, Dave & Busters, Bowling, K-1 GoKarts, GEN Korean bbq,Peruvian food,Persian, Daiso Indoor activities for families, i.e. Skating, jump houses, rock climbing More large name brand businesses M Very few higher end stores -non chain Make a continuous bike path. This is unrelated. But the corner Eisenhower and Montezuma , across from the park and continuing Up Montezuma is heavily traveled by pedestrians of all ages and often in the dark. A side walk connecting Montezuma to bear creek is desperately needed for safety. I know that bear creek has a sidewalk connecting to Calle Tampico, but sadly, that is not where most of the foot traffic walks. Our city has an overabudance of huge vacant buildings that were once retail spaces, yet new buildings continue to be built. Doesn't make sense to us... We would like gallery/studio space in La Quinta (we are artists). But cost is prohibitive. If cost was more reasonable, La Quinta could attract more artists, which in turn, attract more visitors. children need something to do, somewhere to go, besides skate parks, community center, something do not forget about our children our future. The questions do not provide a solution as to what extent the City will go to "Continue to develop economic base" or "Support the development of the La Quinta Village commercial district" so it is hard to answer the questions without being aware of what is being sacrificed or being dealt with behind closed doors that could be a conflict of interest. Very much opposed to CV Link - don't know a soul that will use it! Upkeep would be expensive and not sure of safety to the users. Hard to patrol! For business development, would be great to attract ethnically diverse restaurant businesses as this is something that is lacking in the Coachella Valley, like Persian food, Peruvian, Cuban, GEN Korean BBQ (this chain is very popular in OC & LA areas), more Sushi restaurants and Shabu Shabu Japanese style. We also desperately need an international food market that carries a variety of ethnically diverse foods. I We have very few fast food chains in the Cove area for people know a lot of residents would appreciate another mall besides Palm Desert Mall with big retailers like Nordstrom. Other retail stores that working & needing grab quick bite: need more drive-thru fast attract young adults would be good as well like Forever2l, H&M, Urban Outfitters, Francesca's, Daiso. We also need more activity options food chains in this area. And need more stores for Young Adult like: Bowling Alley, Skating rink, K-1 Indoor Go Kart Racing, Dave & Busters. Also, we don't have a David's Bridal in the area. As for City age group like H&M, Forever2l, etc. events, the 19th Hole Block Party was great & being a young adult myself the EDM DJ's were really a great attraction. For future City events it would be great to have big Food Truck event (Koji's food truck in LA is awesome, The Grilled Cheese Truck). Other ideas: Free concerts in the park, Family Festival with resource booths, Family BBQ & Chili cook off, various cultural events besides Italian Festival & Black History Month like Lunar Festival, Greek Festival, Dia de los Muertos, Octoberfest, Mariachi Festival with Ballet Folklorico dancers, etc. major grocery store neighboorhood watch signs my concern that they are placed on the back of the stop signs. If I read correctly, nothing is to be placed on the back of a stop sign. I feel this detracts from the cove. Stores like The Loft, Banana Republic No 191 Major concern: Please finish sidewalk and road on Avenue 52 between Jefferson and Monroe. Would be nice: Bury power lines. Do 103 BJs Brewery/Pizza something about vacant corner of Madison and Avenue 52. Do river walk idea and walking/hiking paths at silver rock Get commercial going on corner of Jefferson and 52 by roundabout 104 Hotels, shopping complex/mall similar to Westfield with mid to high end anchor department stores 105 106 Mid -range department stores/shopping mall No Lucilles, home goods, Shops, gas stations, banks; these are primarily in the 111 corridor and should be more spread out for 107 Night life. There is very little to do after 9:OOpm convenience. Cove residents have few options for these services 108 Mix of large businesses next to No 109 110 A new market where Ralphs used to be!! It would be great to see Wilma and Frida restaurant in our old town Dennys or budget friendly restaurant Great job. Make more free programs for lower income senior citizens. Development of the La Quinta Village and lower cove area is important. Focusing that effort primarily in the Old Town development is unfair. There is so much more to the Village than that one development, yet the majority of public events are held there. The businesses that aren't willing or able to pay the astronomical rent in Old Town are not benefiting. I would love to see a regular nighttime street fair, especially in summer. The community enjoys those events and are willing to drive all the way to Palm Springs. Let's encourage patrons to explore the rest of the Village by holding events in other parts, such as the Community Park on Montezuma, Calle Estado, etc. Ensure commercial rent is manageable. The old Ralph's center is practically empty is it due to high rent? 192 PUBLIC HEARING ITEM NO. City of La Quinta CITY COUNCIL MEETING: April 5, 2016 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING ORDINANCES TO STREAMLINE THE DEVELOPMENT REVIEW PROCESS AMENDING SEVERAL CHAPTERS OF MUNICIPAL CODE TITLES 2, 7, 8, 9, AND 13 RECOMMENDATION A. Move to take up Ordinance Nos. 535, 536, 537, 538, and 539 by titles and numbers only and waive further reading. B. Move to introduce at first reading, Ordinance Nos. 535, 536, 537, 538, and 539 amending Titles 2, 7, 8, 9 and 13 of the Municipal Code. C. Make a finding, included in Ordinance Nos. 535, 536, 537, 538, and 539, that the adoption of these ordinances is exempt under the California Environmental Quality Act pursuant to Section 15061 (B)(3) Review of Exemptions - General Rule. EXECUTIVE SUMMARY • In July 2015, Council directed staff to review the City's development code (Code) and identify measures to modernize and improve the development review process. • A Project Action Team (PAT) and an Ad -hoc Committee (Committee) were formed to solicit community input for the Development Code Tune Up and recommend improvements to the development review process. • The proposed Municipal Code amendments will implement the Committee's final recommendations to amend Titles 2 (Administration Personnel), 7 (Historic Preservation), Title 8 (Buildings and Construction), Title 9 (Zoning), and 13 (Subdivision Regulations). • On March 2016, the Planning Commission adopted Planning Resolution No. 2016- 005 recommending approval of the Development Code Tune Up amendments. FISCAL IMPACT - None. BACKGROUNDIANALYSIS In July 2015, Council directed staff to proceed with a Development Code Tune Up and identify ways to streamline the review of development applications. The code establishes the development approval procedures, and identifies standards and permitted land uses. `m It also identifies the required level of approvals by the Design and Development Director, Planning Commission, and/or City Council. A Project Action Team (PAT) was formed comprised of representatives from the Building, Development Services (Public Works), and Planning Divisions to inventory current permitting procedures and define key issues and concerns relevant to improving the permitting process. A Committee consisting of two Councilmembers, two Planning Commissioners, and one Architectural and Landscaping Review Board Member was also established to identify issues, and provide feedback and recommendations. The objective was to allow greater flexibility and reduce the time and costs associated with the development review process. The review focused on the following Code sections: • Title 2 (Administration and Personnel) • Title 7 (Historic Preservation) • Title 8 (Buildings and Construction) • Title 9 (Zoning), and • Title 13 (Subdivision Regulations) Title 2 Administration and Personnel, Chapter 2.35 Historic Preservation Commission, Title 7 Historic Preservation The Development Code Tune Up effort included a review of the City's Boards and Commissions to identify ways to streamline their roles in the development review process. The PAT and Committee recommend the elimination of the Historic Preservation Commission (HPC), as its role to monitor and protect cultural resources is largely accomplished by the requirements of the California Environmental Quality Act and new state tribal consultation laws (AB 52 and SB 18) that did not exist when the HPC was established. The procedures to protect historic resources in Title 7 (Historic Preservation) will remain in place. The proposed changes to Titles 2 and 7 are outlined in detail in Attachments 1 and 2. Staff presented the recommendation to eliminate the HPC at the March 1, 2016 HPC meeting for discussion and comment. Commissioners expressed concern with the recommended action and stated that the elimination of the HPC would have minimal impact on the streamlining of the development review process. Further, Commissioners expressed the desire to maintain the City's Certified Local Government (CLG) status through the National Park Service for the program benefits, such as historic preservation grants. Some Commissioners expressed interest in alternatives that may preserve the HPC, which may include consolidation with an existing commission and/or minimizing the role of the HPC in the development review process. Also expressed was the possibility of refocusing on the designation of historic landmarks and districts, updating the historic resource survey, and promoting historic resource preservation in the City. The meeting minutes for the HPC meeting of March 1, 2016 are included as Attachment 3. Commissioner Peggy Redmon of the HPC submitted a letter to staff expressing opposition to the elimination of the HPC (Attachment 4). `9n Title 8 Buildings and Construction • Remove the City's landscape review function from single-family home sites when turf reduction is proposed. Title 9 Zoning Substantial changes were proposed to the Permitted Uses Table, Review Authority Table, and the General Permitting of Title 9. The proposed code changes modify the Review Authority Table and assign more responsibility for project decisions at the administrative level; this should result in significant time and money savings for developers. New streamlined development review processes are recommended that include the following: • Modify 61 use categories in the Permitted Uses Table to allow a faster development review process and reduced fees. • Create an administrative level site development permit for smaller development projects to reduce current processing times and fees. • Create a new Planned Unit Development permit option for residential projects to allow greater flexibility from the residential development standards. This is an alternative to the preparation of a Specific Plan, which requires longer processing times and costly plan preparation. • Modify the minor adjustment process to allow up to three deviations of up to 10 percent of a numerical development standard such as a building setback, lot size, lot coverage or building height. The current process only allows for one deviation of a numerical development standard. For example, a property owner with plans for new home construction may request approval from the Design and Development Director of a minor adjustment to allow for a maximum 10 percent deviation from the minimum rear yard setback, front yard setback and maximum building coverage standards required by the La Quinta Municipal Code. Title 13 Subdivision Regulations Eliminate the Director's Hearing for Tentative Parcel Maps Allow for longer terms and flexibility in the granting of time extensions for tentative maps Create new procedures for revisions to tentative maps The proposed changes to Titles 8, 9, and 13 are outlined in detail in Attachments 5 through 10 along with their respective recommendations analysis. Due Process The Committee also identified the need to modify the development review due process procedures. The proposed code changes modify the Review Authority Table and assign more project decision authority at the administrative level. The current process does not include a reporting mechanism for staff level decisions to the City Council, Planning `m Commission or the general public, that facilitate an effective appeal and call-up review process. Therefore, new due procedures have been developed, which include: • Clearly defined call-up review procedures • Weekly reporting of staff level decisions for permits and development projects to the Planning Commission, City Council, and the general public It is anticipated that the Development Code Tune Up will facilitate new development and attract new business. As the City approaches full build -out, there will be significant limitations to new development that will require greater development code flexibility that allows creative development approaches that are compatible with the City's expectations for high quality development. ALTERNATIVES City Council may elect not to take up these Ordinances and not amend Titles 2, 7, 8, 9 and 13 of the Municipal Code. Howerver, staff does not recommend this alternative given the amendments are intended to allow greater flexibility and reduce the time and costs associated with the development review process. Prepared by: Gabriel Perez, Planning Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Title 2 Tracked Changes 2. Title 7 Tracked Changes 3. Historic Preservation Commission Draft Minutes dated March 1, 2016 4. Comment Letter- Peggy Redmon, Historic Preservation Commission 5. Title 8 - Development Code Tune Up Recommendations Analysis and Proposed Modifications 6. Title 8 Tracked Changes 7. Title 9 - Development Code Tune Up Recommendations Analysis and Proposed Modifications 8. Title 9 Tracked Changes 9. Title 13- Development Code Tune Up Recommendations Analysis and Proposed Modification 10. Title 13 Tracked Changes ORDINANCE NO.535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DELETING CHAPTER 2.35 OF TITLE 2 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California did, on the 51" 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 2 (Administration and Personnel) 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 Chapter 2.35 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 2 of the Municipal Code contains the chapter that address the Historic Preservation Commission; and WHEREAS, a comprehensive review of Title 2 was undertaken to examine each Section for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 2 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 development; Policy LU-5.2, Consider changes in market demand in residential product type to meet the needs of current and future residents. `m Ordinance No. 535 Amendment to Title 2 Administration and Personnel Adopted: Page 2 of 5 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 2.35 HISTORIC PRESERVATION COMMISSION shall be deleted. SECTION 2. 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 3. 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 4. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. 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 of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: `M Ordinance No. 535 Amendment to Title 2 Administration and Personnel Adopted: Page 3 of 5 LINDA EVANS, Mayor City of La Quinta, California I_11i14.1119 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 `.. Ordinance No. 535 Amendment to Title 2 Administration and Personnel Adopted: Page 4 of 5 EXHIBIT A — CITY COUNCIL ORDINANCE NO. 535 Delete CHAPTER 2.35 HISTORIC PRESERVATION COMMISSION 200 Ordinance No. 535 Amendment to Title 2 Administration and Personnel Adopted: Page 5 of 5 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 (date) day of (month), (year), 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. 2014-013. 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 201 202 ORDINANCE NO.536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 7 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 7 (Historic Preservation) 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 7 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 7 of the Municipal Code contains the chapters that address Historic Preservation; and WHEREAS, a comprehensive review of Title 7 was undertaken to examine each chapter for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 7 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 development; Policy LU-5.2, Consider changes in market demand in residential product type to meet the needs of current and future residents. 203 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 2 of 10 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 7.02 GENERAL RESULATION AND ADMINSTRATION shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS shall be amended as written in Exhibit A attached hereto. SECTION 3. CHAPTER 7.10 ENFORCEMENT -PENALTIES shall be amended as written in Exhibit A attached hereto. SECTION 4. 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 5. 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 6. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 7. 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 of 2016 by the following vote: AYES: NOES: 204 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 3 of 10 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 205 206 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 4 of 10 EXHIBIT A — CITY COUNCIL ORDINANCE NO.536 7.02.040 Definitions. Whenever the following words or terms are used in this title they shall have the meaning established by this section: A."Alteration" means any change or modification, through public or private action, of any historic resource or of any property located within a historic district, including, but not limited to, exterior changes to or modifications of a structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the property. B."Archaeological site" means an area where remains of man or his activities prior to keeping of history are still evident. C. "Certificate of appropriateness" means a certificate issued by the city council approving such plans, specifications, design or statements of work for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to any historic resource or to any improvement within a historic district. D. "Commission" means the planning commission established by this title. E."Contributing structure" means a structure within a designated historic district which has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason. F. "Exterior architectural feature" means the architectural style, design, general arrangement, components and natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such improvement, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural or artificial landscaping. G. "Historic district" means any area which contains one or more historic resources or landmarks which has a special character or special historical value, along with other structural, cultural, architectural, archaeological, agricultural, community or aesthetic value, or which represents one or more architectural periods or styles typical to the history of the city, that has been designated a historic district pursuant to this title. H. "Historic resource" means improvements, including, but not necessarily limited to, buildings, landscape, structures, signs, features, sites, places, areas, or 207 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 5 of 10 other objects of scientific, aesthetic, educational, cultural, architectural, agricultural or historic significance to the citizens of the city. I. "Historic resources inventory" means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title. J. "Improvement" means any building, structure, place, site, structural work of art, landscape feature, plant life, life -form, scenic condition, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment. K."Landmark" means any property or improvement, manmade or natural, which has special historic, cultural, architectural, archaeological, community interest or value as part of the development, heritage or history of the city, the state of California, or the nation, and that has been designated as a landmark pursuant to this title. L. "Ordinary maintenance" means any cleaning, painting, and/or other restoration which does not result in the alteration of an improvement or landmark. M. "Paleontological site" means an area where fossilized or otherwise preserved remains of plants or animals which generally predate man's emergence on the earth are still evident. N. "Person" means any individual, association, partnership, firm, corporation, public agency, or political subdivision. O. "Secretary of the Interior's Standards for Rehabilitation" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the U.S. Department of the Interior, or the National Park Service. P."Site" means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community or aesthetic value. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Chapter 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS 7.06.010 Establishment of historic resources inventory. The city council shall establish and maintain a historic resources inventory according to the requirements of the State Historic Preservation Office. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.020 Criteria for historic resources inventory. A historic resource may be considered for inclusion in the historic resource inventory based on one or more of the following: A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural history; or 208 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 6 of 10 B. It is identified with persons or events significant in local, state or national history; or C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable example of the use of indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer or architect; or D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical site which has the potential of yielding information of scientific value; or E. It is a geographically definable area possessing concentration of site, buildings, structures, improvements or objects linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.030 Landmark designation procedures. Landmarks shall be established by the city council in the following manner: A. Any person may request the designation of an improvement as a landmark by submitting a written request for such designation to the planning commission. The planning commission or city council may also initiate such proceedings by motion. B. Any such request shall be filed with the planning and development department upon prescribed forms and shall include the following data: 1. Name and address of property owner and assessor's parcel number and address of site; 2. Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site; 3. Sketches, photographs or drawings; 4. Statement of condition of the improvement; 5. Explanation of any known threats to the improvement of the site; 6. Additional information: 209 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 7 of 10 a. Site plan in appropriate scale, b. Legal description of the property, C. Photographs, old and recent, d. Proposed use, e. Existing zoning, Bibliography and references, g. Chain of title, if available. C. Within forty-five days of the date of the request, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 7.06.020. D. Notice of the public hearing shall be published in a paper of local circulation at least ten days prior to the hearing date. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the proposed landmark property as shown on the last equalized assessment role at least fourteen days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation. E. A notice of the request for designation as a landmark shall be forwarded to the building and safety department and no building or demolition permits for any alteration to any exterior architectural features of the proposed landmark shall be issued while the matter is pending final decision. F. After the public hearing, the commission shall, by resolution, make a report and recommendation to the city council. If the commission determines that the improvement does not meet landmark criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within ten days of the commission's determination. If the commission determines that the historical resource warrants landmark designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating its reasons in support of the proposed landmark designation. Without the property owner's consent to the proposed designation, the proposal shall terminate. 210 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 8 of 10 G. The city council shall hold a public hearing on the proposed historic landmark designation within thirty days of the receipt of the recommendation from the commission. H. At the conclusion of the public hearing on the proposed designation, the city council shall, by resolution, designate, conditionally designate, or disapprove the designation of the landmark. Written notice of the city council action shall be mailed to the property owner. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.040 Historic district designation procedures. Historic districts shall be established by the city council in the following manner: A. The procedures for designating a historic district shall be the same as for designating a landmark, except as otherwise provided in this section. B. Any application for designation of a historic district shall be filed with the planning and development department upon the prescribed form and shall include the following data: 1. Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries; 2. Description of the proposed historic district, including special aesthetic, cultural, architectural or engineering interest or value of a historical nature; 3. Sketches, photographs or drawings; 4. Statement of condition of structures and improvements within the district; 5. Explanation of any known threats to any historic resource within the district; 6. Other information requested by the planning and development department. C. If written consent of two-thirds of the owners of property within the proposed district to the proposed designation is not obtained at the time of the planning commission hearing, the process shall terminate and the commission shall notify the property owners and applicant of the termination within fourteen days of the commission's determination. D. If the commission determines that the area warrants historic district designation, it shall submit a written recommendation to the city council incorporating its PAS Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 9 of 10 reasons in support of the proposed district designation, within thirty days of its decision. Such recommendation shall include a report containing the following information: 1. A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries; 3. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district; 4. Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic district. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.10.020 Restitution. Upon damage, destruction or removal of a historic resource, designated landmark or historic district without permit, the planning commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing the historic, as well as economic, value of the resource destroyed. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 212 Ordinance No. 536 Amendment to Title 7 Historic Preservation Adopted: Page 10 of 10 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 (date) day of (month), (year), 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. 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. 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 213 OAM ORDINANCE 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 development; Policy LU-5.2, Consider changes in market demand in residential product type to meet the needs of current and future residents. 215 Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: Page 2 of 7 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. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 216 Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: Page 3 of 7 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 217 218 Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: Page 4 of 7 EXHIBIT A — CITY COUNCIL ORDINANCE NO. 537 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. 3. This section shall not apply to: a. Single-family residential landscaping projects on individual lots/parcels with a total project landscape area less than five thousand square feet; b. Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project; c. Turf-reduction/replacement landscaping projects, with no new or expansion of existing landscaped area(s) involved; d. Registered local, state, or federal historic sites; e. Ecological restoration projects that do not require a permanent irrigation system; f. Mined -land reclamation projects that do not require a permanent irrigation system; g. 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: a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; and h. 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 1401 Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: Page 5 of 7 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: 1. Work accomplished under the auspices of land owned and controlled by the United States of America or by the State of California. 2. 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. 220 Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: Page 6 of 7 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. 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. 221 Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: Page 7 of 7 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 (date) day of (month), (year), 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. 2014-013. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La certify that the foregoing ordinance was posted on Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California Quinta, California, do hereby , pursuant to PJWA ORDINANCE NO.538 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California did, on the 51" 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 9 (Zoning) 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 9 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 9 of the Municipal Code contains the chapters that address permitted uses, review authority, development review and permitting procedures; and WHEREAS, a comprehensive review of Title 9 was undertaken to examine each chapter for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 9 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 223 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 2 of 63 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. SECTION 9.280.030 DEFINITION OF TERMS shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 9.40 RESIDENTIAL PERMITTED USES shall be amended as written in Exhibit A attached hereto. SECTION 3. CHAPTER 9.60 SUPLLEMENTAL RESIDENTIAL REGULATIONS shall be amended as written in Exhibit A attached hereto. SECTION 4. CHAPTER 9.80 NONRESIDENTIAL PERMITTED USES shall be amended as written in Exhibit A attached hereto. SECTION 5. CHAPTER 9.120 SPECIAL PURPOSE PERMITTED USES shall be amended as written in Exhibit A attached hereto. SECTION 6. CHAPTER 9.200 GENERAL PERMITTING PROCEDURES shall be amended as written in Exhibit A attached hereto. SECTION 7. CHAPTER 9.210 DEVELOPMENT REVIEW PERMITS shall be amended as written in Exhibit A attached hereto. SECTION 8. CHAPTER 9.220 ZONE CHANGES AND CODE AMENDMENTS shall be amended as written in Exhibit A attached hereto. SECTION 9. CHAPTER 9.230 GENERAL PLAN AMENDMENTS shall be amended as written in Exhibit A attached hereto. SECTION 10. CHAPTER 9.240 SPECIFIC PLANS shall be amended as written in Exhibit A attached hereto. 224 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 3 of 63 SECTION 11. CHAPTER 9.250 OTHER ACTIONS shall be amended as written in Exhibit A attached hereto. SECTION 12. 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 13. 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 14. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 15. 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 of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 225 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 4 of 63 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 226 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 5 of 63 EXHIBIT A — CITY COUNCIL ORDINANCE NO. 538 9.280.030 Definition of terms. "Director" or "planning director" means the city manager or his/her designee "Planned unit development" means a residential development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. CHAPTER 9.40 RESIDENTIAL PERMITTED USES 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: "P": Permitted as a principal use within the district. "A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. W": Permitted if a minor use permit is approved. "W: Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. "S": Permitted if a specific plan is approved per Section 9.40.030. "X": Prohibited in the district. 227 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 6 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned F0 Unit Development M = Minor use permit H = m a Q � Home aNi occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j _j U _ Land Use RVL RL RC RM RMH RH Single-family P P P P P S detached dwellings Single-family detached patio PUD PUD PUD PUD P PUD homes (i.e., "zero lot -line") Duplexes (two units PUD PUD X PUD P P on the same lot) Single-family attached dwellings (two units per PUD PUD X PUD P P building with each unit on its own lot) Townhome dwellings (two or more units per PUD PUD X P P P building with each unit on its own lot) Condominium multifamily PUD PUD X P P P ("airspace" units) Apartment multifamily (rental X X X P P P units) Mobilehome parks C C C C C C 228 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 7 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Mobilehome subdivisions and manufactured P P P P P X homes on individual lots, subject to Section 9.60.180 Resort residential subject to Section P P X P P P 9.60.320 Guesthouses, subject to Section A A A A A A 9.60.100 Second residential units subject to A A A A A A Section 9.60.090 Group Living and Care Uses Child day care facilities as an accessory use, A A A A A X serving 8 or fewer children, subject to Section 9.60.190 229 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 8 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Child day care facilities as an accessory use, M M M M M X serving 9-14 children, subject to Section 9.60.190 Congregate living facilities, 6 or fewer P P P P P X persons Congregate care C C C C C C facility Residential care facilities, 6 or fewer P P P P P P persons Senior citizen residences, 6 or fewer persons, P P P P P P subject to Section 9.60.200 Senior group housing, 7 or more X X X M M M persons, subject to Section 9.60.200 230 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 9 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Time share facilities, subject to M M M M M M Section 9.60.280 Bed and breakfast M M M M M M inns Supportive Housing X X X C C C Transitional X X X C C C Housing Cottage Food Operations, subject P P P P P P to Section 9.60.115 Open Space and Recreational Uses Public parks, playfields and open P P P P P P space Bicycle, equestrian P P P P P P and hiking trails Clubhouses and community P P P P P P pools/cabanas 231 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 10 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use m permit H = a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Unlighted tennis and other game courts on private A A A A A A property, subject to Section 9.60.150 Lighted tennis and other game courts on private property, M M M M M M subject to Section 9.60.150 Golf courses and country clubs per P P P P P P Section 9.110.040 Driving range with M M X M M M or without lights Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.110 Patio covers, decks, and A A A A A A gazebos, subject to Section 9.60.040 232 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 11 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Fences and walls, subject to Section P P P P P P 9.60.030 Satellite dishes and other antennas A A A A A A subject to Section 9.60.080 Swimming pools, spas and cabanas, A A A A A A subject to Section 9.60.070 Garages and carports, subject to A A A A A A Section 9.60.060 Keeping of household pets, A A A A A A subject to Section 9.60.120 233 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 12 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home aNi occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH On lots of 1 acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals A A X X X X include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. 234 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 13 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Other accessory uses and structures which are customarily associated with and subordinate to the A A A A A A principal use on the premises and are consistent with the purpose and intent of the zoning district. Agricultural Uses Tree crop farming; P X X X X X greenhouses Field crop farming P M X X X X Produce stands, subject to Section P M X X X X 9.100.100 Temporary Uses Garage sales A A A A A A 235 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 14 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Construction and guard offices, M M M M M M subject to Section 9.60.210 Use of relocatable M M M M M M building Model home complexes and sales offices, M M M M M M subject to Section 9.60.250 Special outdoor events, subject to M M M M M M Section 9.60.170 Parking of recreational A A A X X X vehicles, subject to Section 9.60.130 Other Uses Churches, temples and other places of C C C C C C worship 236 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 15 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home aNi occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j � U _ Land Use RVL RL RC RM RMH RH Museum or gallery displaying sculpture, artwork or crafts, including M M M M M M schools for above, on 20 acres or more Community recreational vehicle A A X A A A storage lots, noncommercial Communication towers and equipment C C C C C C (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted M M M M M M to existing facility) subject to Chapter 9.170 237 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 16 of 63 Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned Fa Unit Development M = Minor use permit H = m a Q � Home aNi occupation permit =' U) E o S = Specific _ plan required T= Temporary 3 _ Use Permit � o o X =Prohibited >' > s ai use j -i U _ Land Use RVL RL RC RM RMH RH Utility substations M M M M M M and facilities Public flood control facilities and P P P P P P devices (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 238 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 17 of 63 Chapter 9.80 NONRESIDENTIAL PERMITTED USES 9.80.010 Development permits required. Whether a nonresidential land use or structure is permitted within a zoning district shall be determined in accordance with this title. In most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210., approval of a specific plan is required for any development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.020 Residential uses in the CR Regional Commercial district adjacent to Highway 111 in NR overlay district. In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the NR nonresidential overlay portion of the CR regional commercial district except for incidental residential uses which: A. Are incorporated into a project site which is twenty acres or more in size; B.Are a part of a larger mixed use project with predominantly nonresidential uses; C.Are no more than twenty percent of the total project square footage; D.Are well integrated into the larger development, i.e., not a separate use; E. Serve a legitimate necessary purpose for the development such as employee housing; F. Have at least fifty percent of the units in the affordable category, as defined in the general plan housing element; and G.Are approved by the city as an integral part of the overall mixed use project. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.030 Residential uses outside NR overlay. In accordance with the General Plan Policies 2-3.1 .6 through 2-3.1 .8, single-family residential uses may be established in the CR district outside the NR nonresidential overlay. Such projects may have up to a proportion of one hundred percent residential. The following requirements shall apply: A. A specific plan shall be approved and the project shall conform to the RSP residential specific plan standards of Section 9.30.0809.140.100 with regard to common open area and perimeter landscaping with the exception of single-family residential. B. A minimum of fifteen percent of the dwelling units are provided in the affordable "low" and/or "very low" income category per Section 9.60.270. 239 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 18 of 63 C. Project sites of less than twenty acres shall be single -use, either all residential or all nonresidential. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.040 Table of permitted uses. A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. W": Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. "V: Prohibited in the district. 7. "S": Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the planning or the planning commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use A = Accessory use .L a .� °o a '� .L f° 2C= Conditional use E U i to d U E U t permit o° V d E E d M =Minor use permit ° E E s£ ° E t— p E c) > T= Temporary use W o v o •� v U v o LL 0 permit v z W X = Prohibited use Land Use CR CP CC CN CT CO MC VC Retail Uses Retail stores under 10,000 sq. ft. floor area P P P P P P X P per business Retail stores', 10,000— 50,000 sq. ft. floor area P P P P X X X P Retail stores', over 50,000 sq. ft. floor area P C M X X X X X Food, liquor and convenience stores P A P P A A X under 10,000 sq. ft. floor P area, open less than 18 240 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 19 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i = L N L ai L E 6 L permit o� • E 0 L '� EE c� E �a� �E �_aa EE E= O•— R°' =E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o •2 v U 0 O U U permit v z iF X = Prohibited use Land Use CR CP CC CN CT CO MC VC hours/day2 Food, liquor and convenience stores M under 10,000 sq. ft. floor M X M M M X X area, open 18 or more hours/day2 Plant nurseries and garden supply stores, with no propagation of plants on the premises, P X P P X X X subject to Section P 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without P P P X X X X X substantial on -site inventory General Services Barbershops, beauty, nail and tanning salons and P A P P P A X P similar uses Miscellaneous services such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, P A P P P A X p and similar uses Laundromats and dry cleaners, except central P X P P P X X M cleaning plants Printing, blueprinting and copy services P P P P P P X P Pet grooming —without overnight boarding P X P P P X X p Office and Health Services 241 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 20 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i '� = L N L ai L E L permit oar E i E E cd E r4) E �_W E E E= O— Rm = E M= Minor use permit m E E E E O E t— p E t� > T= Temporary use W o E v o .2 v U 0 O U U permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC Banks P X P P P P X P General and professional P P P P P P P P offices Medical offices — physicians, dentists, optometrists, P P P P P P X chiropractors and similar P practitioners, Medical centers/clinics— four or more offices in P X P C X P X one building Surgicenters/ medical P P P C X P X X clinics Hospitals C X X X X X C X Convalescent hospitals C X C X X X C X Veterinary clinics/animal hospitals and pet M M M M X X X boarding (indoor only) I I M Dining, Drinking and Entertainment Uses Restaurants, other than P A P P P X A P drive -through Restaurants, drive- P A P X P X X X through Restaurants, counter take-out with ancillary seating, such as yogurt, P P P P P X A ice cream, pastry shops P and similar Bars and cocktail lounges C C C C C X X C Dancing or live entertainment as a C C C X C X X principal use C Dancing or live entertainment as an A A A A A X X A accessory use Theaters, live or motion P X M M M X A M picture Tobacco shops without P X P P A X X 242 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 21 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i '� = L N L ai L E L permit oar E i EE cd E r4) �E �_W EE E= O•— Rm __E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o •2 v U 0 O U U permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC onsite smoking, as per the provisions of the P Heath and Sanitation Code Cigar lounges, hookah bars, and similar uses with onsite smoking, as M X M M A X X per the provisions of the M Health and Sanitation Code Recreation Uses Bowling, pool or billiard C C C X C X X centers as a principal use C Pool or billiard tables as accessory use (3 tables A A A A A A X A or less) Game machines, 11 or more (as either a C X C C C X X principal or accessory use) Game machines as an accessory use, 10 or A A A A A A X A fewer machines Golf courses and country clubs (see GC district X X X X A X X X permitted uses, Chapter 9.120) Tennis clubs or C A C X X A C complexes Health clubs, martial arts studios, and dance P P P P P P M studios, 5,000 sq. ft. floor P area or less Health clubs, martial arts studios, and dance M M M M M M M studios, over 5,000 sq. ft. M floor area Libraries P P P P P P P P Museum or gallery P P P P P P P displaying sculpture, P 243 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 22 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec s' '� = L N L ai L E L permit oar E i EE cd E r4) �E �_W EE E= O•— Rm __E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o .00 U 0 O U U permit v z iF X = Prohibited use Land Use CR CP CC CN CT CO MC VC artwork or crafts, including schools for above Parks, unlighted playfields and open P P P P P P P P space Lighted playfields X X X X X X C C Bicycle, equestrian and P P P P P P P hiking trails P Indoor pistol or rifle X C X X X X X ranges X Miniature golf/recreation C X X X M X X centers X Assembly Uses Ice skating rinks M M M X M X M X Lodges, union halls, social clubs and senior P P P P X X P P citizen centers Churches, temples and M M M M X M X other places of worship M Mortuaries and funeral M M M X X X X homes X Public and Semipublic Uses Fire stations P P P P P P P P Government offices and P P P P P P P police stations P Communication towers and equipment C (freestanding, new C C C C C C C towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted to M M M M M M M existing facility) subject to M Chapter 9.170 Electrical substations X M X X X X M X Water wells and pumping P P P P P P P 244 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 23 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i '� = L N L ai L E 6 L permit o� • E 0 L EE c� E �a� �E �_aa EE E= O•— R°' =E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o •2 v U 0 O U U permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC stations P Reservoirs and water X X X X X X Ptanks X Public flood control P P P P P P P facilities and devices P Colleges and universities C M X X X M C C Vocational schools, e.g., barber, beauty and M C C X X C C C similar Private elementary, intermediate and high C C C C C C C C schools Helicopter pads X X X X C X C X Public or private kennels and animal shelters (with X C X X X X C indoor or outdoor pet X boarding) Golf courses and country clubs (see GC district C A C X C A P permitted uses, Chapter 9.120) Driving range unlighted P A C X P A P Tennis clubs or C A C X C A C complexes Health clubs, martial arts studios, and dance P P P P P P A studios, 5000 sq. ft. floor area or less Residential, Lodging and Child daycare Uses Townhome and multifamily dwelling as a C3 C4 C C C C X C primary use3,4 Residential as an accessory use, e.g., M M M M M M M caretaker residences per M Section 9.100.160 Child daycare facilities, M M M M X M M centers and preschools M 245 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 24 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i '� = L N L ai L E L permit oar • E L EE cd E r4) �E �_W EE E= O•— Rm =E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o .00 U 0 O U U permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC as a principal use, subject to Section 9.100.250 (also see Accessory Uses) Senior group housing, subject to Section X X X X X X X M 9.100.260 Rooming and boarding X X X X X X X M houses Single room occupancy (SRO) hotels, subject to C X X X X X X X Section 9.100.270 Emergency shelters P P P P P P P X Transitional shelters for homeless persons or C X X X X X C X victims of domestic abuse Single family residential X X X X X X X X Mixed -use projects: residential and P P P P P P X P office/commercial RV rental parks and ownership/membership X X X X M X X X parks Resort residential S X C X C X X Hotels and motels P X P X P X X P Timeshare facilities, subject to Section P X P X P X X P 9.60.290 Caretaker residences M M M M M M M M Automotive Automobile Uses5 Golf cart, neighborhood electric vehicle (NEV), P P P M X X X and electric scooter sales M Automobile service stations, with or without C C C C X X X C minimart 246 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 25 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -E permit o� • E i EE c� E �E EE O•— __E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o •2 v U 0 O U U permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC Car washes M M M X X X X X Auto body repair and painting; transmission X C X X X X X X repair Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, C C C X X X X brake, lube and tune-up services —not including X major engine or drivetrain repair Auto and motorcycle M M X X X X X sales and rentals X Used vehicle sales, not associated with a new C C X X X X X vehicle sales facility, as X per Section 9.100.030 Truck, recreation vehicle C C X X X X X and boat sales Auto parts stores, with no repair or parts installation P P P P X X X on the premises P Auto or truck storage yards, not including X C X X X X X dismantling X Private parking lots/garages as a C C C X C C X principal use subject to C Chapter 9.150, Parking Warehousing and Heavy Commercial Uses5 Wholesaling/distribution centers, with no sales to C P X X X X X X consumers General warehouses, with no sales to C P X X X X X consumers Mini -storage warehouses X X6 X X X X X X Lumber yards, outdoor I X I M I X I X I X I X I X 247 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 26 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i '� = L N L ai L E L permit oar • E i EE cd E r4) �E �_W EE E= O•— Rm __E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o .00 U 0 O u_ 0 permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC (see retail stores for indoor lumber sales) X Pest control services M P X X X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar X M X X X X P X equipment/storage yards Central cleaning or X X X X A X X laundry plants X Communication or relay facilities/antennas as C C C C C C C primary use Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, X P X X X X X fiber, fur, glass, leather, X stone, paper (except milling), plastics, metal, and wood Research and P P X X X X X development X Recording studios M P X X X X X M Bottling plants X P X X X X X X Sign making, except P P X X X X X sandblasting Sign making, including X P X X X X X sandblasting Recycling centers as a X primary use, collection X C X X X X C and sorting only, subject to Section 9.100.190 Off -site hazardous waste facilities, subject to X C X X X X X X Section 9.100.230 Accessory Uses and Structures Portable outdoor vending M M M M M M M 248 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 27 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i = L N L ai L E L permit oar • E i '� EE cd E r4) �E �_W EE E= O•— Rm __E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o .00 U 0 O U U permit v z iF X = Prohibited use Land Use CR CP CC CN CT CO MC VC uses (such as flower stands, hotdog stands, etc.), subject to Section M 9.100.100 Swimming pools as an A A A A A A A accessory use A Golf or tennis facilities as A A A A A A A an accessory use A Signs, subject to Chapter A A A A A A A 9.160 Fences and walls, subject to Section A A A A A A A 9.100.030 Antennas and satellite dishes, subject to Section A A A A A A A 9.100.070 A Reverse vending machines subject to A A A A X X A Section 9.100.190 M Recycling dropoff bins, subject to Section M A M M X X A 9.100.190 Incidental products or services for employees or businesses, such as child A A A A A A A day care, cafeterias and business support uses A Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are A A A A A A A consistent with the A purpose and intent of the zoning district, as determined by the director Temporary Uses Christmas tree sales, T T T T X X T subject to Section T 249 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 28 of 63 Table 9-5 Permitted Uses in Nonresidential Districts P = Permitted use L A = Accessory use R a� r ,� oo _ f° C= Conditional use i -Ec i '� = L N L ai L E L permit oar • E L EE cd E r4) �E �_W EE E= O•— Rm =E M= Minor use permit E E E E o f t— O E v > T= Temporary use W o E v o .00 U 0 O U U permit v z F X = Prohibited use Land Use CR CP CC CN CT CO MC VC 9.100.080 Halloween pumpkin sales, subject to Section T T T T X X T T 9.100.090 Stands selling fresh produce in season, T T T T X X T T subject to Section 9.100.100 Sidewalk sales, subject T T T T T T X to Section 9.100.130 T Temporary outdoor events, subject to T T T T T T T T Section 9.100.140 Construction and guard offices, subject to Section T T T T T T T 9.100.170 Use of relocatable building, subject to T T T T T T T T Section 9.100.180 Other Uses Fortunetelling and C X C X X X X palmistry Sexually oriented businesses, subject to C X X X X X X X Section 9.110.0807 Other uses not listed in this table: per Section 9.20.040, director of planning commission to determine whether use is permitted Notes: 1 Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. 3 If part of a mixed -use project per Section 9.80.020 or 9.80.030. 4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, 9.60.270. 5 Subject to Section 9.100.120, Outdoor storage and display. 6 Mini -storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this section), are considered legal, conforming land uses. Existing facilities may be 250 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 29 of 63 reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a site development permit. Any modification or expansion shall conform to the development standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development Standards. 7 Property must also be located within the SOB (sexually oriented business) overlav district. (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009; Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1, 2005; Ord. 397 § 1 (Exh. A), 2004; Ord. 325 § 1 (Exh. A), 1998; Ord. 307 § 1, 1997; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 9.120.010 Development permits required. Table 9-8 of this chapter specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.120.020 Table of permitted uses. Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "T": Permitted on a temporary basis if a temporary use permit is approved. 5. "X": Prohibited in the district. P = Permitted use A = Accessory use aa) ca L > L C = Conditional a, a, o �' > 0 permit m 0 0use �0T = Temporary use � � o o d 2, a'�permit o vi L ._ = Prohibited use 4) o Q. o o °X o 0 O 0n Qxo.W Land Use PR GC OS FP HC* SOB EOD* AHO* 251 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 30 of 63 P = Permitted use m cv A `° = Accessory use L C = Conditional �, c 2 > O O use permit o ;n M a O M 00 T= Temporary use m o U) a am �' M c permit .� X=Prohibited use a w (D O LL = v O to CDw a= P P P P P P ** Open space Public parks, lakes P P P P X ** and passive recreation facilities Playfields, lighted or P X X X X X ** unlighted Bicycle, equestrian P P P P P ** and hiking trails Libraries and C X X X C X ** museums C X C C C X ** Visitor centers Clubhouses and P A X X X X ** community pools/cabanas Tennis courts or P A X X X X ** complexes, public Tennis clubs or A X X X X ** complexes, private Golf courses and ** country clubs, C P X X X X ** including clubhouses and 252 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 31 of 63 P = Permitted use m cv A . `° � = Accessory use L C = Conditional �, c 2 > O O use permit o m ;n o M a O �' M 00 M T= Temporary use CO a am c permit .� X=Prohibited use a W (D O LL = v O to m w a= other customary accessory uses Golf courses ** without above- ground structures, C P X P X X including fairways, greens, tees and golf -cart paths Signs, subject to A A A X A ** Chapter 9.160 Fences and walls, P ** subject to Section 9.100.030 Satellite dish and ** other antennas, A A A X A ** subject to Section 9.100.070 Temporary outdoor T T T T T T events, subject to Section 9.100.040 Commercial Filming, subject to T T T T T T T T Section 9.210.050 Single-family X X C X C' X ** residential Multifamily ** residential, commercial (except sexually oriented X X X X X X ** businesses), office or industrial development 253 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 32 of 63 P = Permitted use = Accessory use C = Conditional use permit T = Temporary use permit X = Prohibited use Sexually oriented businesses, subject to Section 9.140.050 Communication towers and equipment (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted to existing facility) subject to Chapter 9.170 Electrical substations Water wells and pumping stations Water tanks and reservoirs Public flood control facilities and devices Medical marijuana dispensaries Other principal, accessory or temporary uses not listed above A ++ L o > L 0 0 > C 'a o Vl L o to `° O N `a 00 o CO Q. >, Y i U C 'a o a N C (A .� N 'Vl m O Q. o c d = 0> m 7 Cr � o a.w O 0 L xU0 tnm W ax X I X I X I X I X I C I ** C I C I C I C I C' I C I ** M I M I M I M I M I M I ** X I X I M I X I M' I X I ** P I P I P I P I M' I X I ** X I M I M I X I M' I X I ** P P P P P P ** � X X X X X X** X - X (Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) ** ** ** ** ** 254 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 33 of 63 Chapter 9.200 GENERAL PERMITTING PROCEDURES 9.200.010 Development review process. A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application. B. Applicable State Law. It is intended that the provisions of this chapter shall be consistent and in full compliance with Section 65920 et seq., and other applicable sections of the State Government Code and that such provisions shall be so construed. C. Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. D. Application Filing. Applications shall be filed with the planning department on forms prescribed by the director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A), 1996) 9.200.020 Authority. A. Decision -Making Authority. Table 9-23, following, specifies the decision - making authority for each of the various actions described in this code. An "A," "PH" or "CC" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item. 255 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 34 of 63 Table 9-23 Discretionary Review Authority PH = Decision -making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) CC = Decision -making body (City Council as consent calendar item Type of Application Decision- aking Authorit Staff Planning Commission City Council General plan amendment R PH PH Zoning code amendment R PH PH Zone change R PH PH Specific plan R PH PH Development agreement R(PH) PH Variance PH Conditional use permit PH Site development permit*** A PH Minor use permit A* Minor adjustment A* Temporary use permit A* Home occupation permit A** Sign permit A* Sign program A* Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By city manager or his/her designee "* By director of building and safety ***Subject to the provisions of 9.210.010. ****Also see Title 13, Subdivisions. B. Administrative Action. Actions to be taken administratively per Table 9-23 preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case -by -case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. (Ord. 425 § 1, 2006: Ord. 284 § 1 (Exh. A), 1996) 256 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 35 of 63 9.200.030 Combined applications. At the discretion of the director, applications for different types of actions may be combined and processed concurrently so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications: A. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. B. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-23 preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the city council. C. The applicable fee(s) shall be collected in accordance with Chapter 9.260. (Ord. 284 § 1 (Exh. A), 1996) 9.200.040 General permit provisions. A. Applicability of Permits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. B. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this chapter shall have the same force and effect as this zoning code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this chapter, and the enforcement provisions of the municipal code shall be applicable. (Ord. 284 § 1 (Exh. A), 1996) 9.200.050 Permit applications. A. Acceptance of Applications as Complete. Within thirty days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. B. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the planning department sufficient funds to pay for the cost of completion of the environmental impact report or negative 257 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 36 of 63 declaration. The director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed. (Ord. 284 § 1 (Exh. A), 1996) 9.200.060 Action by decision -making authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Approval with Conditions. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action's effective date as defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. 258 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 37 of 63 C. Effective Date. The determination of the decision -making authority by resolution shall be effective immediately unless appealed. Ordinances shall be effective 30 days after second reading unless adopted as an urgency or emergency ordinance as shall be effective as authorized under law. D. Tie Votes. 1. Development Review Applications. If action on a development review application results in a tie vote by the decision -making authority, such vote shall constitute a lost motion. 2. Appeals. When all members of a decision -making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision -making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision -making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision -making authority. E. Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decision -making authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in Chapter 9.210. (Ord. 284 § 1 (Exh. A), 1996) 9.200.070 Time limits on processing applications. A. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. B. Incomplete Application Sunset Provisions. All applications which remain incomplete or inactive for a minimum six-month period shall have a written thirty -day warning notification forwarded to the applicant by means of certified mail or similar method. If no action is taken by the applicant regarding the application within thirty days thereafter, the application shall automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permit's effective date as set forth in Section 9.200.060. The period of validity shall run pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 259 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 38 of 63 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). Development Review Permits can be extended no more than twice. 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996) E. Amendments to development review permits. 1. Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 new or additional land uses, or similar major changes. 2. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 260 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 39 of 63 9.200.090 Modifications by applicant. A. Plan Modifications by Applicant. Site development permit plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision -making authority. C. Criteria. Modifications by applicant shall permit minor changes to an existing or approved site development permit. The following criteria constitute minor changes that shall be deemed eligible for modification by applicant consideration: 1. Increases in building square footage not to exceed ten percent from the original approval that have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking; 2. Changes, additions, or adjustments to windows, window locations, or window treatments; 3. Changes, substitutions, or adjustments to building materials, roofing materials, screening materials, lighting fixtures, or paving; 4. Changes, additions, or substitutions to approved landscaping site or grading plans; 5. Minor adjustments, substitutions, or additions to architectural features such as pilasters, canopies, trellises, shade structures, overhangs, eaves, parapets, cornices, or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building; 6. Changes, substitutions, or adjustments to the approved color palette or material colors. 7. Changes in residential model design. D. Ineligibility. Modifications by applicant which have been determined by the director, planning commission, or city council to exceed these standards or constitute a significant change shall require application and approval of an amended site development permit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) 261 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 40 of 63 9.200.110 Public hearings. A. Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65090 et seq., of the State Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to State Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with subsection D of this section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision - making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this section. D. Noticing Requirements. Not less than ten days prior to hearing. The city shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicants name, the location of the property affected, and a description of the land use, development or other action proposed, to: a. The owner of the subject real property, b. The owners authorized agent, if any, c. The project applicant, d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project, e. All owners of real property as shown on the last equalized assessment roll within five hundred feet of the subject real property. If the number of owners to whom notice would be mailed is greater than one thousand, the city may instead place a display advertisement of at least one -eighth page in a newspaper of general circulation; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the city and one place at the subject site. E. Additional Notice. The director may require that additional notice be given by enlarging the notification radius or by other means determined by the director. F. Other Notice. The city shall also provide any other notice required by law. (Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 262 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 41 of 63 9.200.120 Appeals. A. Appealable Decisions. Any development review action by the director may be appealed to the planning commission and any development review action by the planning commission may be appealed to the city council in compliance with the provisions of this section. For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. B. Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee. C. Call -Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the director or the planning commission regarding the action taken on a development review permit application. The planning commission's or city council's call-up review shall be processed in accordance with this section D. Appeal Procedures. 1. Time Limits for Filing Appeals. a. All appeals, except call-up reviews pursuant to Subdivision C, shall be filed with the director within fifteen calendar days of the date on which the decision being appealed was rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired. b. A request for call-up review pursuant to Subdivision C shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or his/her designee within fifteen calendar days of the date on which the decision of the director or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or his/her designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or his/her designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five days after the board of appeals votes to 263 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 42 of 63 approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a director's decision on a development review permit, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section. 2. Required Documents. Each appeal, except for call-up reviews, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the planning commission or city council the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the director shall forward to the planning commission or city council all documents and information on file pertinent to the appeal together with the minutes or official action of the decision -making authority and a report on the basis of the decision. 4. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.110. 5. Issues to be Considered. The planning commission or city councilmay refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision -making authority took action. When reviewing a decision -making authority's decision via its own call-up review, the planning commission or city council may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than forty-five days after an appeal has been received and accepted by the director, the planning commission or city council shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the planning commission or city council may modify permitted land uses, place additional or different conditions of approval on the project, direct that 264 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 43 of 63 revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 7. Majority Vote. Action by the planning commission or city council to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. (Ord. 284 § 1 (Exh. A), 1996) 9.200.130 Permit revocation. A. Grounds for Revocation. Any development review permit may be revoked by the decision -making authority or the city council pursuant to the provisions of this section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this code such as, but not limited to, those for sexually oriented businesses. B. Procedure. Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section 9.200.110, except that the permittee shall be given not less than fifteen days' notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision -Making Authority. Following the hearing, the decision - making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision - making authority by any affected person. E. Appeal. Any action by the decision -making authority pursuant to this section may be appealed as set forth in Section 9.200.120. F. New Decision -Making Authority. If the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be 265 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 44 of 63 considered shall be the decision -making authority as that term is used in this section. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.210 DEVELOPMENT REVIEW PERMITS 9.210.010 Site Development Permits. A. Terminology. For purposes of this code, site, architectural, lighting and preliminary landscape plans, related development plans, and sign programs are included within the term site development permit. B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including, but not limited to, permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1. Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval. 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision -Making Authority. Site development permits shall be processed as follows: 1. The director shall be the decision making authority for the following projects: a. New office or commercial buildings no more than 10,000 square feet that are not part of an approved master commercial development or specific plan. b. New building construction or remodeling (single and multiple family residential, office, commercial and/or institutional) and landscape plans within an approved specific plan. c. New buildings on vacant pads within an approved commercial development. d. New single family models and landscaping plans in an approved tentative tract map. 2. The planning commission shall be the decision making authority for the following projects: a. New office or commercial buildings of more than 10,000 square feet that are not part of an approved master commercial development or specific plan. 266 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 45 of 63 b. New multi -family buildings and landscaping no part of an approved specific plan. c. New Mixed Use buildings and landscaping plans. E. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any site development permit: 2. Consistency with General Plan. The project is consistent with the general plan. 3. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 5. Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, 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. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. F. Appeals. Appeals to decisions on -site development permits shall be reviewed pursuant to Section 9.200.120. G. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. H. Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100. I. 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 site development permit. (Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 267 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 46 of 63 9.210 020 Conditional use permits A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. B. Definitions. See Chapter 9.280. C. Applicability. A conditional use permit or a minor use permit is required for all land uses identified in this code as requiring such permits. D. Decision -Making Authority. Conditional use permits shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.110. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of a conditional use permit: 1. Consistency with General Plan. The land use is consistent with the general plan. 2. Consistency with Zoning Code. The use 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. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.080. J. The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a 268 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 47 of 63 public nuisance. (Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.210 020 Minor use permits A. Purpose. The purpose of a minor use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. B. Definitions. See Chapter 9.280. C. Applicability. A minor use permit is required for all land uses identified in this code as requiring such permits. D. Decision -Making Authority. Minor use permits shall be processed administratively by the director pursuant to Section 9.200.020. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of a minor use permit: 5. Consistency with General Plan. The land use is consistent with the general plan. 6. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code. 7. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 8. 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. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. K. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. H. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. I. The use permit may be modified or revoked by the city council or planning commission should a majority of either body determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so 269 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 48 of 63 as to constitute a public nuisance. (Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.210.030 Variances. A. Purpose. The purpose of a variance is to provide for deviations from applicable standards of this zoning code such as the development standards set forth in Chapter 9.50 and 9.90. Therefore, any development or other activity 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. B. Applicability. A variance is required for any development which is not consistent with applicable site development standards or other regulations of this code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040. C. Decision -Making Authority. Variances shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.110. D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of a variance: 1. Consistency with General Plan. The variance is consistent with the general plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the variance 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. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. 270 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 49 of 63 7. No Special Privileges. The variance's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. L. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. F. Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.080 G. Staff Certification of Construction Documents. If development is provided for under the variance, 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 variance. (Ord. 284 § 1 (Exh. A), 1996) 9.210.040 Minor adjustments. 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. Definition. See Chapter 9.280. 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); for an approved or proposed map; approved or proposed development permit review; single family home building permit. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Up to three adjustments per lot shall be allowed. 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 and 9.200.090.B. E. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. F. 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 prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the general plan. 271 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 50 of 63 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 minor adjustment will expire at the same time as the primary building or planning permit. 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 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.210.050 Temporary use permits. A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability. A temporary use permit is required for temporary uses permitted under this code. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020. D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Any use or 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. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the standards set forth for such temporary uses in the applicable section of this code have been satisfied. (Ord. 284 § 1 (Exh. A), 1996) 272 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 51 of 63 9.210.060 Home occupation permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110. B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110. C. Decision -Making Authority. Home occupation permits shall be reviewed administratively by the director of building and safety pursuant to Section 9.60.110. D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the director of building and safety determines that the standards set forth in Section 9.60.110 for home occupations have been or will be satisfied. These standards consist of the following: G. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. H. Only residents of the dwelling unit may be engaged in the home occupation. I. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. J. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. K. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. L. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. M. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 273 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 52 of 63 N. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. O. Medical, dental or similar occupations in which patients are seen in the home are prohibited. P. All conditions attached to the home occupation permit shall be fully complied with at all times. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.220 ZONE MAP CHANGES AND CODE AMENDMENTS 9.220.010 Zone map changes and prezoning. A. Purpose. A zone map change is a legislative action by the city council to change the zone designation of a property or properties on the official zoning map. A prezoning is the zoning of property outside the city's boundaries in anticipation of annexation into the city. For purposes of this code, prezonings are included within the term "zone change." B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The city council by a majority vote; 3. The planning commission by a majority vote; or 4. The city manager or his/her designee. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. 2. Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation to the council. 3. If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the planning commission for report back to council. A public hearing shall not be required for such planning commission review. E. Required Findings. The following findings shall be made by the city council prior to approval of any zone map change: 1. Consistency with General Plan. The zone map change is consistent with the goals, objectives and policies of the general plan. 274 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 53 of 63 2. Public Welfare. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The new zoning is compatible with the zoning on adjacent properties. 4. Property Suitability. The new zoning is suitable and appropriate for the subject property. 5. Change in Circumstances. Approval of the zone map change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) 9.220.020 Zoning text amendments. A. Purpose. A zoning text amendment is a development review action by the city council to change the text and/or graphics within this zoning code. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by: 1. The city council; 2. The planning commission by a majority vote; or 3. The city manager or his/her designee; 4. An interested party. D. Review Procedures. Text amendments shall be reviewed under the same procedures as zone map changes as set forth in Section 9.220.010. E. Required Findings. The following findings shall be made by the city council prior to approval of any text amendment: 1. Consistency with General Plan. The code amendment is consistent with the goals, objectives and policies of the general plan. 2. Public Welfare. Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.230 GENERAL PLAN AMENDMENTS 9.230.010 Application and referral. A. Purpose. A general plan amendment is a legislative action by the city council to change the text of the general plan or any map or diagram of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65350 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. 275 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 54 of 63 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The city council by a majority vote; 3. The planning commission by a majority vote; or 4. The city manager or his/her designee. 5. An interested party. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies as specified in Section 65352 of the State Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the State Government Code may be amended pursuant to City Council Resolution 2000-77. Each amendment may include more than one change to the general plan. 2. The limitation on frequency of amendments to the general plan set forth in subsection (E)(1) of this section does not apply to residential development projects with at least twenty-five percent of the dwelling units to be occupied by persons or families of low or moderate income. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) F. Review Procedures. 1. General plan amendments shall be approved, approved with modifications or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council. 2. Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation with findings to the council. 3. If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the commission for report back to the council. A public hearing shall not be required for such commission review. G. Required Findings. The following findings shall be made by the city council prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The general plan amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. 2. Public Welfare. Approval of the general plan amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. General Plan Compatibility. In the case of amendments to the general plan policy diagram, the new designation is compatible with the designations on adjacent properties. 4. Property Suitability. In the case of amendments to the general plan policy diagram, the new designation is suitable and appropriate for the subject property. 276 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 55 of 63 5. Change in Circumstances. In the case of amendments to the general plan policy diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.240 SPECIFIC PLANS 9.240.010 Specific plan review. A. Purpose. A specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65450 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by: 1. The city council 2. The owner of the property or by the owners agent (with written notarized authorization from the owner); 3. The planning commission by a majority vote; or 4. The city manager or his/her designee. D. Review Procedures. Specific plans shall be prepared, adopted and amended in the same manner as the general plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the city council prior to approval of any specific plan or specific plan amendment: 1. Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the general plan. 2. Public Welfare. Approval of the specific plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The specific plan is compatible with zoning on adjacent properties. F. Property Suitability. The specific plan is suitable and appropriate for the subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.250 OTHER ACTIONS 9.250.020 Environmental review. A. Definition. See Chapter 9.280. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the citys environmental review procedures to determine the proposals potential impacts. 277 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 56 of 63 9.250.030 Development agreements. A. Purpose. A development agreement is a legislative action by the city council to provide certainty in the review and approval of development projects in order to make maximum efficient utilization of resources at the least economic cost to the public, strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and provide for public facilities and infrastructure. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this section. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65864 et seq., of the State Government Code and that such provisions shall be so construed. C. Review Procedures. 1. Application Forms. The director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information: a. Duration of the agreement; b. The permitted uses of the property; c. The density or intensity of use of the property; d. The maximum height and size of proposed buildings; e. Provisions for reservation of dedication of land for public purposes; f. Fiscal impact statement to include revenue generated to the city and benefits received by the developer; g. Phasing and project completion date; h. Consistency with the general plan and any applicable specific plan. In addition to the above, the director may require an applicant for a development agreement to submit such other information and supporting data as the director deems necessary to process the application. 2. Fees. The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee may be waived in whole or in part by the city council for affordable housing that is in conformance with the general plan. 3. Who May Apply. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person. 4. Proposed Form of Agreement. Each application shall be accompanied by draft development agreement in form which is mutually agreed upon by the applicant and the city at a pre -proposal meeting. This requirement 278 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 57 of 63 may be met by using the city's standard development agreement form and including specific proposals for changes in or additions to the language of the standard form. 5. Review and Filing of Application. The director shall endorse on the application the date it is received. The director shall review the application and determine if additional requirements are necessary to complete the agreement. The application may be rejected if it is not completed in the manner required by these rules. After receiving the required information, the director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the general plan or any applicable specific plan. Before processing the application the director shall obtain the opinion of the city attorney as to sufficiency of the applicant's interest in the real property to enter into agreement. 6. Notice of Intention. Upon completion of the staff report required by subsection C5 of this section, in addition to any other notice required by law, the director shall give notice of intention to consider adoption of a development agreement. The notice shall contain: a. The time and place of the public hearing; b. A general explanation of the development agreement, including a general description of the property proposed to be developed; c. Other information that the director considers necessary or desirable. 7. Manner of Giving Notice. All notices required by these rules shall be processed in the manner provided in Section 9.200.110 of this code. 8. Hearing and Recommendation of Planning Commission. The planning commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The planning commission shall make its recommendation to the city council in writing within thirty days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement: a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located; c. Is in conformity with the public necessity, public convenience, general welfare and good land use practices; d. Will be detrimental to the health, safety and general welfare; e. Will adversely affect the orderly development of property or the preservation of property values; f. Will have a positive fiscal impact on the city. 9. Hearing by City Council. After the recommendation of the planning commission or after the expiration of the time period specified in 279 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 58 of 63 subsection C8 of this section, the director shall give notice of a public hearing before the city council in the manner provided for in subsections C6 and 7 of this section. 10. Decision by City Council. a. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall not be required to hold a public hearing on matters referred back to it by the city council. b. The development agreement may not be approved unless the city council finds that the development agreement is consistent with the general plan and any applicable specific plan. 11. Approval of Development Agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager. 12. Amendment and Cancellation. a. Either the city or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement. b. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. c. Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the planning commission without a noticed public hearing so long as the planning commission holds a properly noticed public hearing in connection with a proposed general plan amendment and/or zone change for such property. Upon consideration of the proposed amendment and written recommendation to the city council by the planning commission, the city council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement. d. Except as expressly set forth herein, each and every provision of this section concerning the procedures for processing and approval of development agreements remains in full force and effect. e. Except as provided for in subsection C14c of this section, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement. 280 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 59 of 63 13. Recordation. a. No later than ten days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement. b. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall cause notice of such action to be recorded with the county recorder. 14. Periodic Review. a. The city council shall review the development agreement at least every twelve months from the date the development agreement is entered into until expiration of the term of the agreement. b. The director shall give the applicant or successor in interest thereto at least thirty days' advance notice of the time at which the city council will review the development agreement. c. The city council may refer the matter to the planning commission for further proceedings or for a report and recommendation. d. The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. e. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement. 15. Modification or Termination. a. If, upon a finding under subsection C14e of this section, the city council determines to proceed with modification or termination of the development agreement, the city council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain the time and place of the hearing. b. At the time set for the hearing on the modification or termination, the city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The decision of the city council shall be final. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.60.015 Planned Unit Development Standards J. Purpose. The purpose of the Planned Unit Development is to allow flexibility in the design of residential projects, and encourage the development of creative, high -quality residential projects that provide attractive living environments in a setting that is different from standard single family home development. 281 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 60 of 63 K. Permit Required. Planned Unit Developments (PUD) shall require approval of a Conditional Use Permit. L. Design Guidelines Required. All PUDs shall be required to submit design guidelines that include: 1. A site plan that shows building and unit footprints, common and private open space areas, parking areas, roadways/driveways/alleys, and access points. 2. Architectural plans that include elevations, floor plans, roof plans, lighting and landscaping plans. The graphic plans must be accompanied by text that describes minimum development standards, building materials, landscape palette and lighting details. 3. For projects proposing two or more story structures, a massing plan that depicts the relationship of the structures within the project to each other, and to development adjacent to the project. The massing plan shall be accompanied by text that describes how the project is compatible with surrounding development. 4. A common area plan that describes in text the area(s) to be devoted to common area, and the amenities to be provided, as well as a calculation of the percentage of common area provided in relation to the residential units. 5. A circulation plan that provides graphics and text describing the roadway/driveway/alleyway cross-section dimensions, parking areas, and entryway treatments. M. Development Standards. All PUDs shall be subject to the following development standards. 1. Density. The maximum density allowed in a PUD shall not exceed the general plan and zoning designation on the property. 2. In order to encourage creative design, development standards in PUDs can be proposed by the applicant. The applicant must demonstrate in the project's design guidelines that reduced setbacks are offset with project amenities. 3. Common Areas. A PUD must provide 30% of the net project area (not including city street dedications, interior streets or parking areas), as common area. Common area cannot include parking lot landscape areas, landscaped areas of less than 5 feet in width, or any open space area provided for the exclusive use a residential unit. Common areas can include passive and active areas, and must provide amenities for the community as a whole. Amenities can include: 282 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 61 of 63 • Passive park, at least'/2 acre in size, and not including retention basins • Swimming pool, with or without spa • Clubhouse/recreation room • Tot lot with play equipment • Picnic tables and barbeque areas • Tennis court • Basketball court • Volleyball court • Bocce ball or horseshoe pitch • Softball, baseball or soccer field • Putting green, driving range or similar golf -oriented area • Par course • Off-street continuous trail or paseo (allowing a loop through the project) • Community garden • Daycare center or similar children's activity building • Other facilities as determined appropriate by the Director A minimum number of amenities shall be provided based on the number of units within a project, as shown below. 0-25 units 2 amenities 26-50 units 3 amenities 51-100 units 4 amenities 101 or more units 5 amenities 4. Parking: Parking shall be provided consistent with Chapter 9.150. As provided in that chapter, variations from parking requirements can be proposed in a PUD, with appropriate substantiation. 5. Signage. Signage shall be provided consistent with Chapter 9.160. N. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any Planned Unit Development: 8. Consistency with General Plan. The project is consistent with the general plan. 9. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 10. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 283 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 62 of 63 11.Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 12. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 13. Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 284 Ordinance No. 538 Amendment to Title 9 Zoning Adopted: Page 63 of 63 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 (date) day of (month), (year), 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. 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. 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 285 286 ORDINANCE NO. 539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 13 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 13 (Subdivision Regulations) 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 13 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 13 of the Municipal Code contains the chapters that address landscaping improvements and grading; and WHEREAS, a comprehensive review of Title 13 was undertaken to examine each chapter for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 13 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 development; Policy LU-5.2, Consider changes in market demand in residential product type to meet the needs of current and future residents. 287 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 2 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 13.04 BASIC PROVISIONS shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 13.08 LA QUINTA SUBDIVISION PROCESS shall be deleted in its entirety. SECTION 3. CHAPTER 13.12 TENTATIVE SUBIDIVISION MAPS shall be amended as written in Exhibit A attached hereto. SECTION 4. CHAPTER 13.20 FINAL MAPS AND PARCEL MAPS shall be amended as written in Exhibit A attached hereto. SECTION 5. CHAPTER 13.24 IMPROVEMENTS shall be amended as written in Exhibit A attached hereto. SECTION 6. CHAPTER 13.32 LOT LINE ADJUSTMENTS shall be amended as written in Exhibit A attached hereto. SECTION 7. 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 8. 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 9. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 10. 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 288 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 3 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 of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California I_11i14.119 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 289 290 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 4 EXHIBIT A — CITY COUNCIL ORDINANCE NO. 539 Chapter 13.04 BASIC PROVISIONS 13.04.060 Review and approval authority. The authority for review and approval of subdivisions and related land actions is set forth in Table 13-1, as follows: Table 13-1 Review and Approval Authority PH = Decision -making body (public hearing required) R(PH) = Recommending review body (public hearing required) A = Administrative review by City Manager or his/her designee (no PH) CC = Decision -making body (City Council as consent calendar item Type of Application Decision -Making Authority Staff Planning Commission City Council Vesting Tentative maps R(PH) PH PH PH A* A 1 CC PH PH A A PH A** Per city environmental review procedures Tentative maps Revised Tentative maps Tentative Parcel maps Tentative map extensions Final and Parcel maps Waiver of Parcel map Reversion to Acreage Lot Line Adjustments Parcel Mergers Amending Final maps Substantial Conformance - Tentative maps Environmental review * By city manager or his/her designee. Map can be referred to planning commission at director's discretion. ** By city manager or his/her designee 1 City manager or his/her designee may only consider extensions if there are no proposed changes to the tentative map. (Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995) 291 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 5 13.04.070 Definitions. As used in this title: "Revised tentative map" means a revision to a valid approved tentative map and/or its approval conditions, wherein the design and/or improvements of the tentative map are modified from that of said approved tentative map, but with no substantial change in concept from the approved tentative map, as determined by the city manager or his/her designee. "Right-of-way" means the entire width of property used for highways, flood and drainage works, overhead and underground utilities, or any related improvements. "Shall" means that which is obligatory, necessary or mandatory. "Slope" means land gradient described as the vertical rise divided by the horizontal run, and expressed in percent. "Specific plan" means a plan adopted by the city council that is based upon the City of La Quinta General Plan and is consistent with Section 65450 et seq. of the Government Code. "Storm runoff' means surplus surface water generated by rainfall that does not seep into the earth but flows overland to lower elevations. Street, Collector. "Collector street" means a two-lane street improvement within a right- of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. Collector streets are designed for both mobility and access to adjacent property and often provide on -street parking. Collector streets generally serve shorter trips within neighborhoods and access to higher -level streets. Designation of collector streets in the City of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. Street Improvements, Full -Width. "Full -width street improvements" means pavement, curbs, gutters, sidewalks, medians, traffic -control devices, pavement markings, and other improvements required by Chapter 13.24, the 2035 General Plan circulation element (as may be amended from time to time) and the city engineer. Street, Local. "Local street" means a two-lane street within a sixty foot right-of-way with a variable width of thirty-six to forty feet between curb faces. All other roadways which do not fit within the arterial or collector classifications are local streets. The local street system is designed for access to abutting properties and the movement of traffic is of secondary importance. Street, Major Arterial. "Major arterial street" means a six -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation 292 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 6 element, as may be amended from time to time, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. Major arterial streets are designed to provide a high level of mobility for very large traffic volumes and generally serve trips of several miles or more, including pass -through traffic. Major arterial streets link major activity centers within the community and provide direct connections to the regional roadway system designation of major arterial streets in the City of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. Highway 111 is classified as a major arterial, but has variable right-of-way and improvement widths as set forth in the 2035 General Plan circulation element, as may be amended from time to time. Street, Primary Arterial. "Primary arterial street" means a four -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element (as may be amended from time to time), seventy-six to eighty-six feet in width between curb faces, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. The primary arterial is designed to provide mobility for high traffic volumes, to provide continuity through the city, and generally serve trip lengths of one or more miles. Designation of primary arterial streets in the City of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element (as may be amended from time to time). Street, Private. "Private street" means a privately maintained street within a private development or a planned residential development. Street, Secondary Arterial. "Secondary arterial street" means a four -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. The secondary arterial is designed for mobility, to provide continuity through the community, and generally serves trips of a mile or more. Secondary arterial streets generally border neighborhoods and offer access as a secondary consideration. Designation of secondary arterial streets in the City of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. "Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units. Property shall be considered as contiguous, even if it is separated by roads, streets, utility easements or railroad rights -of -way. This definition also refers to a condominium project, a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d) and (m) of Section 1351 of the Civil Code. "Subdivision Map Act" means Sections 66410 et seq. of the Government Code of the state of California as may be revised from time to time. 293 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 7 "Substantial Conformance" means conformance with a valid and approved tentative map with minor modifications to that map, which include changes to map characteristics such as lot lines, shapes, dimensions, and size; changes to street widths or grades, grading criteria, or pad elevations; and other similar minor changes to map characteristics that do not change the basic design and improvements required pursuant to a valid and approved tentative map and the conditions thereof. "Tentative map" and "tentative parcel map" mean a map designed to illustrate the concept of a proposed subdivision and how it interfaces with existing conditions and surrounding uses. Tentative maps need not be based upon an accurate or detailed field survey of the property. Chapter 13.12 TENTATIVE SUBDIVISION MAPS 13.12.040 Filing of tentative maps. Tentative maps shall be filed with the design and development department. The city may by resolution establish a filing fee schedule for the processing of final maps. (Ord. 272 § 1, 1995) 13.12.050 Application materials. The following application materials shall be submitted with each proposed subdivision: A. The city tentative subdivision map application form; B. A public notification package must be submitted to the planning division and shall include a scaled map or county assessor's map showing all properties within a minimum 500-foot radius of subject property, a typed list of all property owners and their mailing address within a 500-foot radius, and all residents/tenants of said properties, and a typed list of the residents that reside contiguous to the subject property. The package shall include 3 sets of typed, self-adhesive, address labels for the above property owners and residents, as well as application contact persons. The list and map must be prepared with a wet signed or notarized certification by a title company, the Riverside County Assessor, or a licensed architect, engineer, or surveyor. C. A completed copy of the city environmental information form and environmental filing fee, if the tentative map is determined to be subject to CEQA. D. The requisite number of copies of the tentative map (as stated in the application requirements form), folded appropriately to a size not exceeding eight and one- half inches by eleven inches, with two reduced reproducible originals not exceeding eight and one-half inches by eleven inches in size; 294 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 8 E. A preliminary title report prepared and dated no more than ninety days prior to submission of the application; F. A drainage report describing the on- and off -site drainage characteristics, the amount of stormwater falling within the development and the proposed method of retaining that stormwater, and the amount and nature of historic inflow from other properties and the proposed method of retaining or passing through the inflow; G. The following additional documentation and special studies may be required: 1. Historical, paleontological and/or archaeological study 2. Biological study 3. Traffic study 4. Geologic and/or soils study, 5. Water Quality Management Plan (WQMP) This list is not all inclusive, and any other special studies required will be determined by city staff on a case -by -case basis. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.100 Public notice procedure. A. Public Notice. Public hearings shall be held on tentative maps as set forth in Table 13-1. Notice of such hearings shall be published at least one time not less than ten days before the date of the public hearing (twenty days if the tentative map is not exempt from CEQA action). The notice shall include the following information: 1. The time and place of the public hearing; 2. The hearing body or officer; 3. A general explanation of the matter to be considered; 4. A general description of the property in text or diagrammatic form; 5. Map preparer/subdivider representative. 13.12.120 Revised tentative maps A revised tentative map may be filed for an approved tentative map, where the design and/or improvements of the tentative map are modified from that of said approved tentative map, but with no substantial change in concept from the approved tentative map. 295 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 9 A. The city manager or his/her designee shall determine whether the proposed revisions to the tentative map substantially conform to the original concept of the approved tentative map. B. A revised tentative map shall comply with the provisions of the Subdivision Map Act and all applicable provisions of the La Quinta Municipal Code in effect at the time of approval of the revised tentative map. C. A revised tentative map shall be processed in the same manner as an initial tentative map proposal, with the exception of any procedures determined to be inapplicable. D. The approval or conditional approval of a revised tentative map shall terminate approval of the original tentative map. However, the revised tentative map approval or conditional approval shall not extend the original time period within which the final map may be filed. 13.12.140 Appeals. A. Persons Who May Appeal. A subdivider or any other interested party may appeal a decision of the city manager or his/her designee, or a decision of the planning commission, by using the following procedures: 1. Appeal of Approval Authority Decision. Within fifteen calendar days after the date of any decision by the city manager or his/her designee, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The "date of decision" shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating the decision. The appeal shall state the item to be appealed and the reason for the request. The city manager or his/her designee shall set the matter for hearing before the planning commission within thirty days after the date of filing the appeal. Written notice of the hearing shall be provided by mail to the subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. 2. Appeal of the Planning Commission Decision. Within fifteen calendar days after the date of the decision by the planning commission, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The city clerk shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than thirty days from the date of receipt of the appeal and shall give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. B. Call -Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the city manager or his/her designee or a 296 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 10 decision of the planning commission regarding the action taken on a subdivision. A request for call-up review shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or his/her designee within fifteen calendar days of the date on which the decision of the city manager or his/her designee or the planning commission (as applicable) was rendered. Upon timely receipt of the request for Gall- up review, the city manager or his/her designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or his/her designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a decision by the city manager or his/her designee, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section. For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. C. Concurrent Appeals. An appeal of a decision, including call-up review, pursuant to this section may be processed concurrently with any appeal of a decision brought pursuant to Section 9.200.120, as may be amended from time to time. In the event of an inconsistency between the appeal process under this section and the appeal process in Section 9.200.120, the process in Section 9.200.120 shall apply to the processing of an appeal for an action taken on a subdivision. 297 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 11 13.12.150 Term of tentative maps. Pursuant to Section 66452.6(a)(1) of the California Government Code, the approval or conditional approval of a tentative map by the City Council shall expire thirty-six months after such approval. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.160 Extensions of time for tentative maps. The expiration of an approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the city council without first processing a new tentative map. The initial three-year term of tentative maps may be extended as follows: A. Nothing in this chapter shall preclude or otherwise disallow any automatic time extension which may be granted by the state of California, for any approved tentative map meeting the criteria for such an extension. Any automatic extension shall run from the expiration date of the qualifying map, and shall be in addition to any remaining extensions available under this chapter. B. Request by the Subdivider. Before the expiration of the tentative map, the subdivider may apply for an extension of time. Applications for extensions of time shall be filed with the design and development department. All requests for extensions of time shall include: 1. A completed application form; 2. An identification of the length of time requested and reason(s) for the request; 3. The current processing fee as charged by the city for tentative map time extensions; 4. The requisite number of copies of the tentative map as required by the application. The tentative map shall be as approved by the approval authority. Additional copies may be requested subsequent to the application submittal. Extensions of time may be granted by the city manager or his/her designee if there are no changes to the approved tentative map. The city manager or his/her designee may waive some or all submittal material as noted in subsections (B)(1) through (4) of this section. Extensions of time that include changes to the approved tentative map are subject to the public notification procedure provided for in Section 13.12.090 and will be considered at a public hearing, to be held by the designated approval authority as set forth in Section 13.04.060. A time extension granted by the city manager or his/her designee may not exceed two years. The approval authority may grant a maximum of six one-year time extensions. The extension may be granted for any period of time, from one year up to the maximum of six years. The approval authority shall impose additional conditions of approval if such 298 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 12 conditions are intended to maintain the public health, safety and welfare and/or to comply with current city, state or federal requirements. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the approval authority may impose other conditions or amendments to the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. C. Filing of Final Maps/Off-site Improvements. If a subdivider is required to expend the amount specified in Section 66453.6 of the Government Code to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved tentative map by thirty-six months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its approval. D. Development Agreements, Moratoriums, Lawsuits, Etc. Additional factors affecting the term of approved tentative maps, and information for the proper construction of the provisions of subsections A through C of this section shall be as specified in Section 66452.6 of the Government Code. (Ord. 394 § 2, 2003; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.170 Substantial conformance with tentative map The process and criteria for substantial conformance determinations with an approved tentative map are at the discretion of the city manager or his/her designee, based on the definition set forth in Section 13.04.070. Requests for substantial conformance determinations shall be filed with the design and development department in the format and with the information as may be required by the city manager or his/her designee in order to adequately review and decide on the request. As part of the review, the city manager or his/her designee shall transmit a copy of the request to the planning division for comment, as to zoning conformance with the approved tentative map. Chapter 13.20 FINAL MAPS AND PARCEL MAPS 13.20.010 Purpose. This chapter establishes requirements for the preparation and processing of final maps, parcel maps and waivers of parcel maps. (Ord. 272 § 1, 1995) 299 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 13 13.20.020 Applicability. A final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except as specified herein below. A parcel map shall be required for all subdivisions creating four or less parcels, four or less condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four or less parcels, or for the conversion of a dwelling to a stock cooperative containing four or less dwelling units, with exception of land and parcels with the following characteristics: A. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or B. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or C. Each parcel created by the division has a gross area of twenty or more acres and has an approved access to a maintained public street or highway; or D. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter or a quarter section. (Ord. 272 § 1, 1995) 13.20.130 Appeals. Appeals concerning final maps, amending final maps, parcel maps and waivers of parcel maps shall be processed as provided in Section 13.12.140, Appeals. (Ord. 356 § 1, 2000; Ord. 272 § 1, 1995) 300 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 14 Chapter 13.24 IMPROVEMENTS 13.24.070 Street design —Generally. The design of street improvements shall conform with the following: A. Full -width street improvements shall be required for all internal subdivision streets and alleys. B. Subdivisions bordering a public street shall provide half -width right-of-way improvements, plus one additional travel lane on the opposite side of the centerline if it does not already exist. C. The street system in a proposed subdivision shall relate to and be compatible with existing or proposed streets in adjacent subdivisions and/or specific plans and shall, where applicable, provide for future development of adjoining property. D. Street connections shall be at ninety -degree angles unless approved by the city engineer. E. Alleys shall be at least twenty feet in width. Dead-end alleys shall provide adequate area for a turnaround. F. Cul-de-sacs shall not exceed a distance of one thousand three hundred twenty feet in length (measured from the centerline of the intersection to the center of the cul-de-sac) unless provided with improved emergency access/outlet routes no more than one thousand three hundred twenty feet from the end of the cul-de- sac. G. Minimum street grades shall be 0.5 percent longitudinally, 2.0 percent laterally. H. Additional rights -of -way or easements shall be provided, where necessary, to accommodate roadway slopes, drainage structures, bicycle or equestrian paths and trails, and other facilities related to subdivision development. The size and configuration of streets shall comply with the Circulation Element of the 2035 La Quinta General Plan, Exhibits II-2 and II-3, as may be amended from time to time. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet. The minimum curb radius shall be forty-five feet for private streets and thirty-eight feet for public streets. (Ord. 490 § 1, 2011; Ord. 275 § 1, 1997; Ord. 272 § 1, 1995) 301 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 15 13.24.080 Street design —Private streets. Private streets, permitted only when there is adequate provision for their construction and maintenance, shall be in conformance with the standards listed in Table 13.24.070 except as follows: Width Permitted Use 28 feet No on -street parking 32 feet Parking on only one side of street 36 feet Parking on both sides of the street 40 feet Entry and primary circulation streets (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.090 Image corridors The circulation element of the 2035 La Quinta General Plan establishes image corridors which warrant special improvements. Improvements constructed along image corridors shall comply with the improvement standards identified in the 2035 General Plan, as may be amended from time to time. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.130 Landscape setbacks. Landscape setbacks are required along public street rights -of -way. Buildings, walls, parking lots, and other improvements associated with the subdivision shall not be constructed within setbacks except as allowed herein. Retention basins, public sidewalks and equestrian trails may be located in setbacks if approved by the city as compatible with the landscape and design theme desired within the setbacks. Landscape setbacks for residential subdivisions shall be created on the final map as lettered lots. If the subdivision streets are to be ungated and publicly maintained, landscape setback lots shall be dedicated to the city. If the subdivision streets are to be gated and privately maintained, landscape setback lots shall be dedicated to the homeowners' or landowners' association. Landscape setback widths, as measured perpendicular to the ultimate right -of way line, shall generally be as follows: 302 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 16 Street Setback Highway 111 50 feet Other major arterial streets 20 feet Primary arterial streets 20 feet Secondary arterial streets 10 feet Collector streets 10 feet 13.24.140 Landscaping plans. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be submitted for review and approval of the city manager or his/her designee and the city engineer. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.150 Special improvements. Bicycle lanes shall be designed and improved consistent with the bikeway corridor policy diagram contained within the La Quinta general plan, and the comprehensive trails system master plan. Hiking and equestrian trails shall be designed and improved consistent with the park recreation policy diagram of the La Quinta general plan, or if adopted, the comprehensive trails system master plan. The trails shall be deeded to the city either in fee or as easements as determined by the city engineer. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.160 Maintenance. Subdividers shall make provisions for maintenance of improvements until final acceptance, by the city council, of all improvements required as conditions of approval. For privately maintained street and drainage improvements, the entity responsible for maintenance shall comply with all applicable provisions of the most current stormwater discharge permit (SDP) issued for the Colorado River Basin under the National Pollutant Discharge Elimination System (NPDES), including the city's stormwater pollution prevention plan (SWPPP) and the drainage area master plan (DAMP). (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 303 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 17 13.24.170 Clean air/clean water. The subdivider shall comply with applicable provisions of the NPDES. In the absence of an NPDES permit specific to the subdivision, the subdivider shall comply with the SWPPP and DAMP as approved for the city under the city's SDP. Graded land shall be protected from wind and water erosion through the use of various materials and methods such as, but not limited to, active irrigation, establishment of vegetative root structure to anchor soil, or surface barriers such as straw, wood chips or anchored plastic sheeting. Prior to grading operations, the subdivider shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16 of this code. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) Chapter 13.32 LOT LINE ADJUSTMENTS 13.32.010 Purpose. This chapter establishes procedures for adjusting the boundary lines between two or more existing parcels. (Ord. 272 § 1, 1995) 13.32.020 Applicability. Lot line adjustment may be utilized to reconfigure the size or shape of one lot provided that: A. All property line segments adjusted are boundary lines of the subject lot (though the extensions of the adjusted segments may affect several lots); B. The lot line adjustment does not alter the number of lots; and C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of six months immediately preceding the date of the current application, unless the property is zoned Neighborhood Commercial, Community Commercial, Regional Commercial, Office Commercial, Commercial Park, Village Commercial or Major Community Facilities in which case there shall be no time restriction between lot line adjustments. (Ord. 444 § 1, 2007; Ord. 326 § 3, 1998; Ord. 272 § 1, 1995) 304 Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 5, 2016 Page 18 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 (date) day of (month), (year), 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. 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. 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 305 306 TITLE 2 ADMINSTRATION AND PERSONNEL ATTACHMENT 1 1 1 ■ r • � r • 1 U. 1 ■ aGt on an adviSOry shallGapaGity tO the Gity GGunGil andplanning ■it shall be the respeRsibility ■ following matters: 1 Criteria for to be On a GeMprehensive histeriG Survey 0 prepethe . guidelines used reseurGes The te be by the iR . adeptiOR of standards • • used GOMmissien reviewing 307 TITLE 2 ADMINSTRATION AND PERSONNEL .. _. ._ .. ._ . r . 1 lop ■ 4� r 'MIN► . _ 11 . 308 TITLE 2 ADMINSTRATION AND PERSONNEL A. _ property owne 15. ._ Register _ . • 309 310 ATTACHMENT 2 Title 7 HISTORIC PRESERVATION 7.02.040 Definitions. Whenever the following words or terms are used in this title they shall have the meaning established by this section: A."Alteration" means any change or modification, through public or private action, of any historic resource or of any property located within a historic district, including, but not limited to, exterior changes to or modifications of a structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the property. B."Archaeological site" means an area where remains of man or his activities prior to keeping of history are still evident. C. "Certificate of appropriateness" means a certificate issued by the city council approving such plans, specifications, design or statements of work for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to any historic resource or to any improvement within a historic district. D. "Commission" means the hiSteFiG preserva4G planning commission established by this title. E."Contributing structure" means a structure within a designated historic district which has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason. F. "Exterior architectural feature" means the architectural style, design, general arrangement, components and natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such improvement, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural or artificial landscaping. G. "Historic district" means any area which contains one or more historic resources or landmarks which has a special character or special historical value, along with other structural, cultural, architectural, archaeological, agricultural, community or aesthetic value, or which represents one or more architectural periods or styles typical to the history of the city, that has been designated a historic district pursuant to this title. H. "Historic resource" means improvements, including, but not necessarily limited to, buildings, landscape, structures, signs, features, sites, places, areas, or other objects of scientific, aesthetic, educational, cultural, architectural, agricultural or historic significance to the citizens of the city. 311 Title 7 HISTORIC PRESERVATION I. "Historic resources inventory" means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title. J. "Improvement" means any building, structure, place, site, structural work of art, landscape feature, plant life, life -form, scenic condition, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment. K."Landmark" means any property or improvement, manmade or natural, which has special historic, cultural, architectural, archaeological, community interest or value as part of the development, heritage or history of the city, the state of California, or the nation, and that has been designated as a landmark pursuant to this title. L. "Ordinary maintenance" means any cleaning, painting, and/or other restoration which does not result in the alteration of an improvement or landmark. M. "Paleontological site" means an area where fossilized or otherwise preserved remains of plants or animals which generally predate man's emergence on the earth are still evident. N. "Person" means any individual, association, partnership, firm, corporation, public agency, or political subdivision. O. "Secretary of the Interior's Standards for Rehabilitation" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the U.S. Department of the Interior, or the National Park Service. P."Site" means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community or aesthetic value. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) . ". _/ Chapter 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS 7.06.010 Establishment of historic resources inventory. The city council shall establish and maintain a historic resources inventory according to the requirements of the State Historic Preservation Office. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 312 Title 7 HISTORIC PRESERVATION 7.06.020 Criteria for historic resources inventory. A historic resource may be considered for inclusion in the historic resource inventory based on one or more of the following: A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural history; or B. It is identified with persons or events significant in local, state or national history; or C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable example of the use of indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer or architect; or D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical site which has the potential of yielding information of scientific value; or E. It is a geographically definable area possessing concentration of site, buildings, structures, improvements or objects linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.030 Landmark designation procedures. Landmarks shall be established by the city council in the following manner: A. Any person may request the designation of an improvement as a landmark by submitting a written request for such designation to the hiGtGFiGaI preserva+inn nnmm. innplanning commission. The histerinol preservation nnmmiccinn1-1 planning commission, or city council may also initiate such proceedings by motion. B. Any such request shall be filed with the planning and development department upon prescribed forms and shall include the following data: 1. Name and address of property owner and assessor's parcel number and address of site; 2. Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site; 3. Sketches, photographs or drawings; 313 Title 7 HISTORIC PRESERVATION 4. Statement of condition of the improvement; 5. Explanation of any known threats to the improvement of the site; 6. Additional information: a. Site plan in appropriate scale, b. Legal description of the property, C. Photographs, old and recent, d. Proposed use, e. Existing zoning, Bibliography and references, g. Chain of title, if available. C. Within forty-five days of the date of the request, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 7.06.020. D. Notice of the public hearing shall be published in a paper of local circulation at least ten days prior to the hearing date. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the proposed landmark property as shown on the last equalized assessment role at least fourteen days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation. E. A notice of the request for designation as a landmark shall be forwarded to the building and safety department and no building or demolition permits for any alteration to any exterior architectural features of the proposed landmark shall be issued while the matter is pending final decision. F. After the public hearing, the commission shall, by resolution, make a report and recommendation to the city council. If the commission determines that the improvement does not meet landmark criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within ten days of the commission's determination. If the commission determines that the historical resource warrants landmark designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating its reasons in support of the proposed 314 Title 7 HISTORIC PRESERVATION landmark designation. Without the property owner's consent to the proposed designation, the proposal shall terminate. G. The city council shall hold a public hearing on the proposed historic landmark designation within thirty days of the receipt of the recommendation from the commission. H. At the conclusion of the public hearing on the proposed designation, the city council shall, by resolution, designate, conditionally designate, or disapprove the designation of the landmark. Written notice of the city council action shall be mailed to the property owner. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.040 Historic district designation procedures. Historic districts shall be established by the city council in the following manner: A. The procedures for designating a historic district shall be the same as for designating a landmark, except as otherwise provided in this section. B. Any application for designation of a historic district shall be filed with the planning and development department upon the prescribed form and shall include the following data: 1. Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries; 2. Description of the proposed historic district, including special aesthetic, cultural, architectural or engineering interest or value of a historical nature; 3. Sketches, photographs or drawings; 4. Statement of condition of structures and improvements within the district; 5. Explanation of any known threats to any historic resource within the district; 6. Other information requested by the planning and development department. C. If written consent of two-thirds of the owners of property within the proposed district to the proposed designation is not obtained at the time of the histeri@ nreseryatinn planning commission hearing, the process shall terminate and the commission shall notify the property owners and applicant of the termination within fourteen days of the commission's determination. 315 Title 7 HISTORIC PRESERVATION D. If the commission determines that the area warrants historic district designation, it shall submit a written recommendation to the city council incorporating its reasons in support of the proposed district designation, within thirty days of its decision. Such recommendation shall include a report containing the following information: 1. A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries; 3. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district; 4. Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic district. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.10.020 Restitution. Upon damage, destruction or removal of a historic resource, designated landmark or historic district without permit, the nrncnrva+inn planning commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing the historic, as well as economic, value of the resource destroyed. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 316 ATTACH MENT 3 HISTORIC PRESERVATION COMMISSION MINUTES MONDAY, MARCH 1, 2016 CALL TO ORDER A special meeting of the La Quinta Historic Preservation Commission was called to order at 1:32 p.m. by Chairperson Maevers. PRESENT: Commissioners Leila Namvar, Peggy Redmon, Linda Williams and Chairperson Kevin Maevers ABSENT: None VACANCIES: One STAFF PRESENT: Public Works Director Tim Jonasson, Planning Manager Gabriel Perez, Consultant Principal Planner Nicole Criste, Principal Engineer Bryan McKinney, Executive Assistant Wanda Wise -Latta, and Executive Assistant Monika Radeva Chairperson Maevers led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed top APPROVAL OF MINUTES Motion - A motion was made and seconded by Commissioners Redmon/Williams to approve the Historic Preservation Commission Special Meeting Minutes of November 13, 2015, as submitted. Motion passed unanimously. BUSINESS SESSION 1. Conditional Use Permit 2013-152 submitted by Case and Lisa Swenson for the consideration of a Historical/Archaeological Resources Survey Report prepared by CRM Tech for the Swenson residence located within The Enclave Mountain Estates (77-210 Loma Vista). Commissioner Maevers stated he has a conflict of interest due to a business relationship with persons related to the Swenson residence; he recused himself and left the meeting room. HISTORIC PRESERVATION COMMISSION MINUTES 1 SPECIAL MEETING MARCH 1, 2016 317 Consultant Principal Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Commissioner Redmon said she would like to include a condition of approval requesting that a tribal member be present and/or consulted during excavation, entrenching, and other ground disturbing activity. The Commission discussed the height of the structure and visibility. Commissioner Williams noted that the report erroneously identified the La Quinta Resort and Club as the earliest development in the City, when in fact it was Point Happy. Motion - A motion was made and seconded by Commissioners Redmon/Williams to approve the Historical/Archaeological Resources Survey Report for Conditional Use Permit 2013-152, Swenson residence, as submitted, and with the addition of the following condition of approval: The City shall consult with the local Native American tribal governments; and if requested, a tribal monitor shall be present during any excavation, entrenching, and other ground disturbing activity. AYES: Commissioners Namvar, Redmon, Williams. NOES: None. ABSENT: Chairperson Maevers. ABSTAIN: None. Motion passed. Chairperson Maevers joined the meeting at 1:47 p.m. 2. Development Code Tune Up - Recommendation to eliminate Chapter 2.35 Historic Preservation Commission from the City of La Quinta Municipal Code. Planning Manager Perez presented the information contained in the staff report, a copy of which is on file in the Community Development Department. The Commission said they understand and support Council's efforts to streamline the development process and be fiscally responsible. However, they expressed a general disagreement with the Ad -hoc Committee's recommendation to eliminate the Historic Preservation Commission. The Commission addressed the following issues: Importance of maintaining the Certified Local Government (CLG) status - placed emphasis on the prior efforts, funds, and staff time spent on obtaining the CLG status originally; explained that the benefits of the CLG status are scarce because the City has not identified and placed priority on any historic preservation projects that would qualify for CLG grants; the Commission is interested in many projects that have not been addressed due to a continuous HISTORIC PRESERVATION COMMISSION SPECIAL MEETING MINUTES 2 MARCH 1, 2016 318 change in staff and other priority City items, such as to work with residents and the La Quinta Historical Society to establish the Cove historic district comprised of 57 homes and to obtain a landmark status through the State, to place plaques on historical buildings of importance throughout the City, to complete a bicycle map, to mention a few. Further, obtaining a CLG status in the future might be a very difficult process; Assembly Bill 52 establishes consultation requirements with all California Native American Tribes on the Native American Heritage Commission List and does not provide staff the ability to realize any time savings for the developer as staff still needs to allow for the 90 day notification period; thus, no actual time streamlining is achieved if the item is not presented to the Commission; further, some instances may require the presence of a tribal member or consultant as tribal notification will not suffice; Frequency of meetings - the Commission met only five times during 2015/16; it recommended amending the bylaws to allow for quarterly meetings; Possibility of combining the Historic Preservation Commission with another existing City Board or Commission that can assume its responsibilities and purview, and allow for the CLG status to be maintained; The stakeholders' feedback received through the community outreach efforts of the Development Code Tune Up review were from developers and contractors; no comments were received from homeowners who own historic properties and are very interested to see them preserved, and will be concerned when they realize that historic preservation is not being taken seriously by the City; Lack of appreciation of the City's historic resources in general, including underground, dwellings, as well as the beautiful mountains; The Ad -hoc Committee Members, with the exception of Chairperson Wright, have never attended a Historic Preservation Commission meeting; there is a difference when evaluating the benefits of a Commission on paper and in action; Financial savings would be minimal based on the limited amount of meetings the Commission has held over the last few years; further, the Commissioners have individually covered the majority of expenses associated with the required yearly trainings and conferences; Other Coachella Valley local municipalities are currently in the process of establishing historic preservation commissions. HISTORIC PRESERVATION COMMISSION MINUTES 3 SPECIAL MEETING MARCH 1, 2016 319 The Commission asked who will be responsible for historic preservation review if the Commission is disbanded. Staff replied the reviews will be completed by planning staff, additionally, the Ad -hoc Committee's recommendation was for staff to work in conjunction with the La Quinta Historical Society in the review of historical, archaeological, and paleontological reports. Staff noted that this item will be presented to the Planning Commission on March 8, 2016, and encouraged the Commission to attend and express their comments at the meeting. The Commission reached a unanimous consensus recommending that the City Council does not eliminate Chapter 2.35 Historic Preservation Commission from the La Quinta Municipal Code. CORRESPONDENCE AND WRITTEN MATERIAL - None REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONER ITEMS - None ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Namvar/Redmon to adjourn this meeting at 2:55 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Executive Assistant City of La Quinta, California HISTORIC PRESERVATION COMMISSION MINUTES 4 SPECIAL MEETING MARCH 1, 2016 320 ATTACHMENT 4 Monika Radeva From: Peggy Redmon <peggy@peggyredmonlaw.com> Sent: Thursday, March 03, 2016 5:48 PM To: Wanda Wise -Latta Cc: Monika Radeva; Gabriel Perez; Kevin Maevers; Linda Williams; Leila Namvar Subject: Elimination Of Historic Preservation Commission/Memo In Regard Same Attachments: historicpreservation332016.doc Attached. I am sorry I was not able to get it completed earlier today. Peggy Redmon, Esq. Law Office of Peggy Redmon, APC P.O. Box 240 La Quinta, CA 92247 Phone: 760-250-6232 peggy@peggyredmonlaw.com *** CONFIDENTIAL AND PRIVILEGED INFORMATION *** The information and attachments of this e-mail transmission contain CONFIDENTIAL INFORMATION from PEGGY REDMON, ESQ. This information may be protected by the attorney -client privilege and/or the work product doctrine and is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately at (760) 250-6232 and permanently delete this message without making a copy. If this communication is regarding an assessment collection matter, please note that I am acting as a debt collector in this matter and any information obtained or transmitted may be used by me in that matter. 321 PEGGY REDMON PO BOX 240 LA QUINTA, CA 92247-0240 (760) 250-6232 PHONE peggy@peggyredmonlaw.com Planning Commission & City Council City of La Quinta RE: Historic Preservation Commission Elimination Dear Concerned Parties: First, I want to thank you for the efforts that have gone into analysis re: termination of Historical Preservation Commission. - I do not think you took this decision lightly! But as none of you (with the exception of Bob Wright) have ever served on the HPC, I think there are some points of which you should be made aware. With that said, here is some of my reasoning as expressed at the meeting on 3/1 /2016 after a presentation by Mr. Perez and for why this action should not take place, and for my vote opposing same: Focus Appears To Be On Only One Aspect Of HPC "Charge" & Not the Entire Municipal Code Provisions Regarding Powers and Duties of the HPC The focus appears to be on the costs to developers for the review by the HPC as well as the costs to the City for that Commission's meetings, etc. when it should be on the next focus of that Commission for the next several years. The fees for the HPC review are paid by developers to the City, so the City shouldn't be out a great deal of $ on that. The HPC hasn't attended any conferences, etc. for at least a couple of years now versus in the past when conferences, flights, etc. were paid by the City. Cost of meetings is predicated upon both number of meetings held AND cost of cancelling meetings. This is because HPC meetings are scheduled on an annual basis yet meetings are only held when need for review of projects - which means only about 5 actual meetings held this year with 7 cancellations - costs could be reduced by scheduling HPC meetings "on calendar" only 4 times year (requirement of maintaining CLG status & when there is nothing historical for review, those meetings could be used for webinar classes to maintain commissioner's CLG educational requirements) & then having additional meetings only as needed for review of projects with historical significance (further discussed below). This would reduce costs of having to post cancellations, etc. There have been only 2 reviews within the past year brought to HPC and which resulted in those 5 meetings (2 meetings were held on same development as I recall) - not a lot of cost to developers. Each of these were approved by the HPC with only tribal input requested (which would now be mandatory under new guidelines/laws & so HPC would not be involved in that any more anyway). Remember the HPC is only advisory, and so we could not stop a development or project anyway! IF new laws allow the "tribal aspect" of review by HPC (which was part of past emphasis), even fewer would now have to go to HPC - would be limited to only those with possible historic significance rather than tribal or cultural significance. This eliminates the idea/position that the HPC adds to the review process time or is potentially redundant of 322 2 the CEQA process/review, and the elimination of this from the duties of the HPC will hopefully result in a streamlining of the developer's process by the actions of the Planning Commission or other entities charged with those tribal notifications. Other HPC charges (see Chapter 2.35, Section 2.35.040 B1, 2, 3, 5 and C3, 4, 6, 14, 15, 16, 17) should be the emphasis for the future - and bolster need to maintain CLG status - with CLG status, City can apply for grants, etc. to facilitate those "charges" being developed, implemented and monitored as indicated in those Chapter requirements. This was beginning to be the shift of focus of the committee before David Sawyer retired, but then with changes in staff, etc. - it seemed to have fallen by the wayside. We had completed input on the bike/walk guide sheet/booklets and on the website re: same - and were starting to discuss how to go about next steps toward historic landmarks, historic districts, etc. As I understand it, the 1996 survey is not quite complete and needs to be revised - that tally of the historic homes/buildings in LQ also needs to be coordinated with the Planner's database so that when a request for demolition/construction can be reviewed against the historical aspect/importance of that building & then adjustments made in that review process - another aspect of the HPC that would be future work, but which had not yet been begun as the HPC was not informed until Tuesday's meeting that this coordination of databases did not exist! This would indeed demonstrate the City's concern for cultural resources and would maintain that CLG status. It should be noted that this 1996 Survey identified 72 properties eligible for landmark status, 6 eligible for National Registry and approximately 57 with potential for forming a Historic District in the Cove - all projects that should be the next focus of the HPC. It seems that the developers were deemed to be the "stakeholders" in this review & determination to eliminate the review by HPC - but the entire City of La Quinta & its citizenry are stakeholders in the historical buildings throughout this City - and in identifying, maintaining, advertising & working on getting that info to the public - all of which are HPC "Powers and Duties" but all of which have not been begun yet - we were aware that developer review was diminishing as fewer and fewer projects were being built, but were starting that other aspect of the HPC's identified duties. We should be allowed the opportunity to serve the citizenry in this capacity. Need to Maintain CLG Status CLG status was hard fought several years in the past, and it would be a shame to throw the baby away with the bath water - especially as the baby hasn't yet had a chance to develop its full potential! It was said that there is concern re: the costs to compile the required annual CLG report but let's be honest - for the last several years, it has simply been a matter of "nothing new since last report". But now there is potential for that to change and in a positive way that could engender CLG monies coming our way for those historically centered projects! CLG requires only 4 meetings a year - so the HPC calendar could be scheduled annually accordingly, as discussed above - eliminating the need for repeated costs for cancelling monthly meetings that didn't occur because there were no developments to review, and the costs of posting that cancellation, etc. Those meetings could be focused entirely on the historical charges identified above and in the Municipal Code sections cited above. 323 3 CLG requires a 5 person committee/commission. But it is possible that this committee/commission could be combined with another committee/commission - something that could be considered and implemented, if allowed under CLG guidelines. If not, there is really a de minimis cost to the City - the commissioners are paid only $75 each per meeting - and my poll of the commissioners indicates that ALL are willing (as I have done) to waive that payment! Frankly, it costs me more money to pay my accountant to prepare extra schedules because of that $75 per meeting than that $75 amounts to! Please note that other cities in the Valley are just beginning to see the need for Historic Preservation Committees in their own jurisdictions - why should our City be the one going backward instead of forward in this regard? And they are seeing that the CLG designation is harder and harder to obtain - why should our City let this go and then perhaps in future years regret that decision? We have historical sites that need to be developed as the Municipal Code sets out - and we need to maintain that CLG status for possible funding, direction and education toward those goals. If there is no HPC - what commission or committee or part of City government is going to take on those historical site development roles - who will assure that preservation of those historical buildings will occur? There does not appear to be a plan to do anything as to those aspects of the HPC charge - but those are important duties and responsibilities that this City should not sweep under the rug. I urge you to reconsider your position and determine not to eliminate this valuable and important commission. Sincerely, Peggy Redmon 324 W N M ATTACHMENT 5 Title 8- Buildings and Construction Procedural Improvements (La Quints Municipal Code) Title 8; Chapters 8.13 and 8.80 Development Code Tune Up Recommendations Analysis Highlighted text relates to streamlining change 8.13.030.A Applicability of Turf reduction plans -Clarify inapplicability to SFD homesites 0 No further direction given landscaping review subject to full review -Make section inapplicable to turf reduction process/application plans 8.13.030.B Clarify submittal Text not tied to actual -Change text to cite application 0 Changes reviewed 11/19; items application requirement -Change reference to project and not PC no further direction given Due to upcoming revisions to CVWD Model Ordinance; no further changes are proposed to Chapter 8.13 as they may conflict. However, most of the remaining landscape code requirements are technical and do not impact potential for streamlining. 8.80.050 Bonding N/A - Clean-up only Minor clean-up language related to current No further direction given Grading requirements bond requirements Bonds Page 1— Development Code Tune- Title 8 Recommendations- 4-5-2016 9 M z --I Ul 326 TITLE 8 BUILDINGS AND CONSTRUCTION ATTACHMENT 6 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. 3. This section shall not apply to: a. Resident hemeewner_preyided and/er homeei.Vner_hired Ianrlsnapino at Ssingle-family residential landscaping projects on individual lots/parcels with a total project landscape area less than five thousand square feet; b_ Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project; b�. Turf-reduction/replacement landscaping protects, with no new or expansion of existing landscaped area(s) involved; mod. Registered local, state, or federal historic sites; Vie. Ecological restoration projects that do not require a permanent irrigation system; e-f._Mined-land reclamation projects that do not require a permanent irrigation system; t Plant collections, as part of botanical gardens and arboretums open to the public. B. Final Landscaping Plan Application Submittal PaGkageRequirements. Each final landscaping plan submittal shall include the following elements: a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; and h. Soil analysis. 2 Fide Gepies of theThe final landscaping plan submittal nenformiRg to this Ghapterapplication shall be submitted to the city in accordance with the requirements and information as stipulated on the cSity application form. No per �tLGity approval shall be issued until the city and the local water purveyor have reviewed and accepted the landscape documentation package. Prior to preparation and si ibmissien of the final landSGaninn plan submittalwith the evneptien of rehabilitated er home_ , 1 327 I I I I R X:1:11l 1413 i1 [MM1II Oxcel►R110141 to]►' OWRer provided Iandsnanlnne r:the preliminary lans^ape design shall if applicable, _ applicable, the final landscape plan submittal shall substantially conform to the project's preliminary landscape plan as approved by the planning GOMM ssinn.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: 1. Work accomplished under the auspices of land owned and controlled by the United States of America or by the State of California. 2. 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. -. MCI -e :e -e e- e e •• 2 328 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. 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 3 329 by inspection and acceptance of the work by the cSity e€ngineer or dDesignee. 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 based upe the estimated GOSt plus twenty perGent, as determined by the number Of GubiG yards o material in either eXGayatinn or fill whinheyer is the greater amount and shall , , A nGlude the GOSt of all retaining }:`'� walls, , , and othe preteEtiye devices as may lawfully he r ed (Ord 406 § 'I `' 047determined by the method outlined in Engineering Bulletin #04-09, wh'Gh is available „ is thn remit„ webs+te at www.la clunnta.orq—as may be amended from time to time, which shall be available on the City's official web site and upon request to the city clerk's office. 4 330 W j ATTACHMENT 7 Title 9- Zoning - (La Quinta Municipal Code)-1-12-2016 Development Code Tune Up Recommendations Analysis *Highlighted rows identify substantial changes from existing procedures Inefficiency/Challenge Possible Improvement Outcom Ad Hoc ,..•Direction 9.40.040 Housing types not -Specific Plans require Create new Code Provisions for Planned Savings in Acceptable Permitted permitted by right in lengthier processing Unit Development Permits Time changes Uses in specific residential times, subject to SB Maximum flexibility from existing7 Money Residential zones require approval 18, and can be costly development standards for District of a Specific Plan (pg 1- to prepare. residential projects, except 2) -Creative housing Public Works Street types and project Specifications and density designs are not landscape st-tharLc allowed within the Allow the final review authority scope of the Code. to be Planning Commission -Creates staff Approval challenge for tracking See Page 59-60 multiple standards for Specific Plans 9.40.040 Duplexes (two units on -Specific Plan a -Prohibit in Cove Residential Zone. Easier to Permitted the same lot) (pg 2) challenge for small understand Uses in lots in cove and may Residential not be desired District 9.40,040 Townhomes and -Require a Specific -Allow as a Permitted Use in Medium 0 Savings in Permitted Condominiums Land Plan in Medium Density Residential Zone Time Uses in Use (pg 2) Density Residential 0 Money Residential Zone District 9.40.040 Condominium -Condominium -Allow as a permitted use in the Medium • Flexibility Permitted multifamily ("airspace" multifamily is Density Residential Zone Uses in units) compatible in the Residential Medium Density District Residential Zone 9.40.040 Resort Residential Land -Requires a CUP and -Allow as a Permitted Use in all Savings in Permitted Use (pg 3) approval at the Residential Zones except Cove Time Page 1 of 17 9 M Z Uses in Planning Commission Residential Zone 0 Money Residential -No review District 9.40.040 Senior Group Housing -Not allowed in -Allow as a Minor Use Permit in Medium 0 Savings in Permitted (pg 4) Medium Density Density, Medium -High Density and High Time Uses in Residential Density Residential zones 0 Money Residential -Requires Planning -Administrative Level Review District Commission approval as a CUP in Medium High Density and High Density Residential zones 9.40.040 Bed and Breakfast (pg -Requires a -Allow as Minor Use Permit in all 0 Savings in Permitted 5) Conditional Use residential zones Time Uses in Permit -Administrative Level Review 0 Money Residential District 9.40.040 Cottage Food -Requires a Minor Use -Permit by right since Riverside County 0 Savings in Permitted Operations (pg 5) Permit Environmental Health conducts health Time Uses in - Riverside County inspections and City currently does not . Money Residential Environmental Health reviews. District conducts health inspections -unnecessary 9.40.040 Lighted tennis and -Requires a -Allow as Minor Use Permit in Medium 0 Savings in Permitted other game courts on Conditional Use Density Residential, Medium High Time Uses in private property (pg 6) Permit in Medium Density Residential and High Density 0 Money Residential Density Residential, Residential zones District Medium High Density -Administrative Level Review Residential and High Density Residential zones -Does this really need a public hearing? 9.40.040 Stand Alone Driving -Requires a CUP -Allow as Minor Use Permit in all Savings in Page 2 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Permitted Range (pg 6) -impacts can be residential zones except Cove Time Uses in evaluated at staff Residential . Money Residential level -Administrative Level Review District 9.40.040 Home Occupations (pg -Doesn't make sense -Move to Title 8 0 Easier to Permitted 6) in this table and is Understand Uses in handled entirely by Residential code enforcement District 9.40.040 Museum or gallery -Conditional Use -Allow as Minor Use Permit in all 0 Savings in Permitted displaying sculpture, Permit unnecessary Residential Zones. Time Uses in artwork or crafts (pg -Impacts can be -Administrative Level Review . Money Residential 11) evaluated at staff District level or will already be evaluated with SDP if new construction 9.40.040 Recreational vehicle -doesn't permit in -Allow as an accessory use in all 0 Easier to Permitted storage lots, Very Low Density or residential zones if associated with a understand Uses in associated with a Low Density planned community and therefore can . Potential Residential planned community Residential zones be located to minimize impacts to savings to District (pg 11) when there is a need residents. residents in to store these storage fees vehicles. . Reduce demand for code enforcement services 9.80.040 Retail stores under -doesn't make sense -Allow as permitted use in all non- 0 Easier to Permitted 10,000 sq. ft. of floor to be an accessory residential zones, except Major understand Uses in area per business (pg use in Commercial Community Facilities zone. . Encourage Nonresidenti 14) Park, Tourist, or development al Districts Office Commercial zones 9.80.040 Retail stores, 10,000— -Requires CUP -Allow as a permitted use in Commercial . Savings in Acceptable Permitted 50,000 sq. ft. floor area approval by Planning Park, Community Commercial, Time changes Uses in (pg 14) Commission in Neighborhood Commercial, and Village . Money Nonresidenti Commercial Park, Commercial Zones. Page 3 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 al Districts Community Commercial, and Neighborhood Commercial Zone -No reason why a CUP is necessary if new construction requires an SDP. 9.80.040 Retail stores, over -CUP required for -Allow as permitted use in Regional • Savings in Acceptable Permitted 50,000 sq. ft. floor area Regional Commercial Commercial. Time changes Uses in (pg 14) and Community -Allow as a minor use permit in 0 Money Nonresidenti Commercial Zones Community Commercial since the scale at Districts -No reason why a CUP of commercial in this zone is intended for is needed for this use smaller scale commercial. The minor use in these zones. permit allows for any impacts to be addressed through conditions of approval. -Not permitted in the Village Commercial Zone 9.80.040 Food, liquor and -Requires a CUP for -Allows as minor use permit in the 0 Savings in Not Permitted convenience stores Regional Commercial, Regional Commercial, Community Time presented at Uses in under 10,000 sq. ft. Community Commercial, Neighborhood Commercial, • Money Ad -Hoc Nonresidenti floor area, open 18 or Commercial, Tourist Commercial, and Village Meeting #2- al Districts more hours/day (pg 14) Neighborhood Commercial zone. Direction Commercial, Tourist -Administrative Level Review needed. Commercial, and Village Commercial zones -Impacts related to the proposed use can be conditioned at the administrative level. 9.80.040 Plant nurseries and -Requires a CUP in the -Permit by right in Regional Commercial, • Savings in Permitted garden supply stores, Regional Commercial, Community Commercial, Neighborhood Time Uses in with no propagation of Community Commercial, and Village Commercial 0 Money Nonresidenti plants on the premises, Commercial, zones al Districts subject to Section Neighborhood Page 4 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 9.100.120 (pg 15) Commercial zones -No reason why they shouldn't be allowed 9.80.040 General and -No reason why not to -Allow as permitted use in the • Easier to Permitted professional offices (pg allow in Commercial Commercial Park or major Community understand Uses in 15) Park or major Facilities zones 0 Encourages Nonresidenti Community Facilities investment, al Districts zones development 9.80.040 Medical offices— -No reason why not -Allow as permitted use in Commercial 0 Easier to Permitted physicians, dentists, permitted in Park zone understand Uses in optometrists, Commercial Park • Encourages Nonresidenti chiropractors and zone investment, al Districts similar practitioners development (pg 15) 9.80.040 Surgicenters/ medical -No reason why not -Allow as permitted use in Commercial • Easier to Permitted clinics (pg 16) permitted in Park zone understand Uses in Commercial Park • Encourages Nonresidenti zone investment, at Districts development 9.80.040 Veterinary -No reason this should -Allow as a Minor Use Permit in Regional • Savings in Permitted clinics/animal hospitals be a CUP approval at Commercial, Commercial Park, Time Uses in and pet boarding Planning Commission. Community Commercial, Neighborhood 0 Money Nonresidenti (indoor only) (pg 16) -Can be reviewed at Commercial and Village Commercial al Districts administrative level Zones -Administrative Level Review 9.80.040 Restaurants, drive- -Not permitted in -Allow as a permitted „ge On Encourages No change Permitted through (pg 16) Neighborhood investment, Uses in Cnrnm^rre development Nonresidenti r^--r*rt r^r„merci^i at Districts des -Limits development opportunities 9.80.040 Restaurants, counter -We may want to -Allow as an Accessory use Encourages Permitted take-out with ancillary allow restaurants and investment, Page 5 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Uses in seating, such as lessees in Public development Nonresidenti yogurt, ice cream, Facilities al Districts pastry shops and similar (pg 16) 9.80.040 Wc-re_hrewery or wine _plot currently a !nnd _Add- nc n nn.A1 lane] pen cn��rn�c � Acceptable o, a tnetinn accessory to use designation and _nuns, ne np n,,n«nr„ use in nn Time change but II Icy rectal irnnt or bar. (pg the.refore not rnmmeri-inI Zones except Major a MORey 0 j modify bar to nlnprecirieP4 �,�,n 1 7� y'' � Community radii+oea 7nne �p es ERGE) tasting room a � in„ee�tmen, , Will be theca e�tnhrchmep+� developmeRt. presented thn+ i-nn he great separately in nttrn May 2016 as part of Zoning Consistency effort. 9.80.040 Permitted Bars and cocktail lounges (pg 16) -Not allowed in Neighborhood -allow as a Conditional Use Permit in the Neighborhood Commercial Zone as we Encourages investment, Uses in Commercial Zone are still able to condition the use to development Nonresidenti -limits economic address possible impacts. at Districts development opportunities 9.80.040 Dancing or live -not allowed in -allow in Commercial Park Zone with Encourages Permitted entertainment as a Commercial Park approval of a Conditional Use Permit. investment, Uses in principal use (pg 16) zone development Nonresidenti at Districts 9.80.040 Permitted Dancing or live entertainment as an -not allowed in Commercial Park -Allow as a permitted use in Commercial Park zone Savings in Time Uses in accessory use (pg 16) zone -Allow as an accessory permitted use in Money Nonresidenti -requires CUP in the Community Commercial, al Districts Community Neighborhood Commercial, and Tourist Commercial, Commercial zones Neighborhood Page 6 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Commercial, and Tourist Commercial zones -If this is an accessory use do we really need a CUP? 9.80.040 Theaters, live or -requires a CUP in -Allow as permitted us in Regional 0 Savings in Permitted motion picture (pg 16) Regional Commercial, Commercial Zone. Time Uses in Community -Allow as a minor use permit in the 0 Money Nonresidenti Commercial zone, Commercial zone, Neighborhood 0 Encourages at Districts Neighborhood Commercial, and Tourist Commercial investment, Commercial, and Zones. development Tourist Commercial -Administrative Level Review 0 Easier to Zones. Theaters in a understand Regional Commercial zone should have the least impact. Impacts in other commercial zones can be mitigated in the conditions of approved under an MUP. -Not allowed in Major Community Facilities zone which limits ability to have a community theater in a City facility. 9.80.040 Tobacco shops without -Requires a CUP in -Allow as permitted use in Community 0 Savings in Permitted onsite smoking, as per Community Commercial and the Neighborhood Time Uses in the provisions of the Commercial and Commercial Zones. 9 Money Nonresidenti Heath and Sanitation Tourist Commercial -Allow as an accessory use in the Tourist al Districts Code (pg 16) Zones Commercial Zone. -Not permitted in Neighborhood Commercial Zone Page 7 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 -Are there any business impacts that require special conditions? 9.80.040 Cigar lounges, hookah -Requires a CUP in the -Allow as minor use permit in Regional . Savings in Permitted bars, and similar uses Regional Commercial Commercial, Community Commercial, Time Uses in with onsite smoking, as and Tourist Neighborhood Commercial, and Village . Money Nonresidenti per the provisions of Commercial Zones Commercial zones. al Districts the Health and -Not permitted in -Allow as Accessory in the Tourist Sanitation Code (pg 17) Community Commercial Zone. Commercial and Neighborhood Commercial Zones -Are these restrictions necessary? -Impacts can be addressed with conditions at administrative level. 9.80.040 Bowling alleys (pg 17) -Requires a CUP and is -Allows as a permitted use in Regional . Savings in Permitted added in same Commercial, Commercial Park, Time Uses in category as pool or Community Commercial zones. . Money Nonresidenti billiards centers -Allow as a CUP in the Village al Districts Commercial zones 9.80.040 Denl or h-i err- renters _Alle1ni ee a !-' ID in the rnmmnrcinl DnrL Cnrni ivnnec Will be 0 PPrrnittPd r,c n nrincinnl use .. and Village rnmmnrcinl 7onec in„ee T presented principal use (pg , 7) zone development separately n'en resed e vt4 with Zoning n' nut�T� Consistency Changes in March 2016 9.80.040 Golf courses and -Do not allow golf courses in Commercial Encourages Permitted country clubs (see GC Park, Tourist Commercial, or Office investment, Uses in district permitted uses, Commercial zone development Nonresidenti Chapter 9.120) (pg 17) (encoura at Districts ge retail Page 8 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 develop ment) 9.80.040 Health clubs, martial -requires a minor use -Allow as a permitted use in all . Savings in Permitted arts studios, and dance permit in most commercial zones. Time Uses in studios, 5,000 sq. ft. commercial zones -allow as minor use permit in Major . Money Nonresidenti floor area or less (pg -biggest impacts for Community Facilities zone al Districts 17) these uses are parking in existing retail centers which can be analyzed during tenant improvements 9.80.040 Health clubs, martial -requires a -Allow as a minor use permit in all . Savings in Permitted arts studios, and dance Conditional Use commercial zones, including Major Time Uses in studios, over 5,000 sq. Permit in commercial Community Facilities zone. . Money Nonresidenti ft. floor area (pg 17) zones. 0 Easier to al Districts -Parking impacts understand larger than same use less than 5,000 square feet but CUP is too much 9.80.040 Miniature -requires a -Allow as Minor Use Permit in Tourist 0 Savings in Permitted golf/recreation centers Conditional Use Commercial Zone. Time Uses in (pg 18) Permit in Tourist 0 Money Nonresidenti Commercial Zone. at Districts -it should be easier to approve miniature gold centers since the use is compatible. 9.80.040 Ice skating rinks (pg -requires a CUP in -Allow as Minor Use Permit in Regional . Savings in Permitted 18) Regional Commercial, Commercial, Commercial Park, Time Uses in Community Community Commercial, Tourist 0 Money Nonresidenti Commercial, and Commercial, and Major Community at Districts Major Community Facilities zones. Facilities Zone. -Not permitted in Commercial Park and Tourist Commercial Page 9 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Zone 9.80.040 Lodges, union halls, -allow as a permitted -allow as permitted use in Regional . Savings in Permitted social clubs and senior use. Design with new Commercial, Commercial Park, Time Uses in citizen centers (pg 18) construction is Community Commercial, Neighborhood . Money Nonresidenti addressed as a site Commercial and Major Facilities Zone. at Districts development permit 9.80.040 Churches, temples and -CUP is unnecessary. -allow as a minor use permit in Regional . Savings in Permitted other places of worship Impacts of use can be Commercial, Commercial Park, Time Uses in (pg 18) addressed with Community Commercial, Neighborhood . Money Nonresidenti conditions of a minor Commercial, and Office Commercial al Districts use permit Zone. 9.80.040 Mortuaries and funeral -CUP is unnecessary. -allow as a minor use permit in Regional . Savings in Permitted homes (pg 18) Impacts of use can be Commercial, Commercial Park, Time Uses in addressed with Community Commercial and not 0 Money Nonresidenti conditions of a minor permitted in Village Commercial Zone. al Districts use permit 9.80.040 Electrical Substations -requires a minor use -require Community Facilities zoning for . Too Permitted (pg 19) permit electrical substation sites. permissive Uses in and has Nonresidenti potential at Districts impacts 9.80.040 Water wells and -allow as permitted in all commercial Permitted pumping stations (pg zones Uses in 19) Nonresidenti al Districts 9.80.040 Reservoirs and water -requires a minor use -allow as a permitted use in Community o Savings in Permitted tanks (pg 19) permit in Major Facilities zone Time Uses in Community Facilities 0 Money Nonresidenti zone when the at Districts designation is already the most appropriate zone Page 10 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 9.80.040 Colleges and -not allowed in -allow as a minor use permit in . Savings in Permitted universities (pg 19) Commercial Park or Commercial Park and Office Commercial Time Uses in Office Commercial Zone. 0 Money Nonresidenti Zones and therefore -allow as a Conditional Use permit in . Easier to at Districts difficult for desired Village Commercial Zone understand educational facilities . Encourages and associated investment, economic development opportunities to operate in these zones. 9.80.040 Vocational schools, -Conditional Permit -allow as a Minor Use Permit in the 0 Savings in Permitted e.g., barber, beauty unnecessary in Regional Commercial Zone. Time Uses in and similar (pg 19) Regional Commercial . Money Nonresidenti zone. Districts la[ 9.80�__4/� Prl\/nee'_; 1NiM Schools -no need to regUlnt^ I -eliminate Innd use catege • Not a • Not a P^,a /� the streamlining streamlining NGRresideriti nI Didri'--cr GIT-G-ITT.,-fCJ _rnn Ile , IecciTl^,a in health club categorly issue issue 9.80.040 Train, b /i s antaxi -Alen^ eXist earl eYe -eliminate Innd use catener/ Not a Not a Permitted on ctntienc (pg-1-94 there nn,/ r^ncenc we streamlining streamlining kkpr Ievnres0denti rrr rr�r trr-te nI r)'eic m-vrnrz, `^/^^t thef^ fnrilitioc7 ter. issue issue 9.80.040 Townhome and -Only allowed as a -Permit by right i^ Regional Gornmere-4 • Savings in Staff , Permitted multifamily dwelling as CUP in Regional Cnmmnr�inl Dark, Community Time recommende Uses in a primary use (pg 19) Commercial and Commercial, Neighborhood Commnrd Money d change not , Nonresidenti Commercial Park Tn--rirt Commercial, Offi.-e Cnmmnr,.inl, Encourages approved al Districts Zone and Village Commercial zones investment, Amend Code -Not Permitted in -Keep as CUP in Regional Commercial, development to require Community Commercial Park. CUP approval Commercial, -Allow with CUP in Community in all Page 11 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Neighborhood Commercial, Neighborhood Commercial, Commercial Commercial, Tourist Tourist Commercial, Office Commercial, zones. Commercial or Office and Village Commercial zones Commercial 9.80.040 Residential as an -Requires a CUP in all -Allow with a minor use permit in all 0 Savings in Permitted accessory use, e.g., zones which is too commercial zones. Time Uses in caretaker residences rigid . Money Nonresidenti per Section 9.100.160 al Districts (pg 19) 9.80.040 Timeshare facilities -there is a difference -Divide timeshares into two categories 1) . Savings in Permitted subject to Section between new new development 2) conversions Time Uses in 9.60.290 (pg 20) development for -Allow new development timeshares as . Money Nonresidenti timeshares and permitted by right for Regional . Easier to al Districts conversions Commercial, Community Commercial, understand -Conversions may Tourist Commercial, and Village create impact on Commercial zones. existing residential -Require timeshare conversion as developments Conditional Use Permits for Regional -Existing CUP Commercial, Community Commercial, requirements is too Tourist Commercial, and Village cumbersome for new Commercial zones proposed timeshare development 9.80.040 Golf cart, neighborhood -Opportunities not -Allow sales as a minor use permit in the Flexibility Permitted electric vehicle (NEV), available for NEV Neighborhood Commercial Zone Uses in and electric scooter sales Nonresidenti sales (pg 21) al Districts 9.80.040 Car washes (pg 21) -Minor Use Permit will -allow as a minor use permit in the & Savings in Permitted allow a faster process Regional Commercial, Commercial Park, Time Uses in and include Community Commercial zones. Not 0 Money Nonresidenti conditions to mitigate permitted in the Village Commercial al Districts impacts Zone 9.80.040 Auto and motorcycle -CUP is unnecessary -Allow as a minor use permit in Regional . Savings in Permitted sales and rentals (pg and impacts can be Commercial and Commercial Park Zones Time Uses in 21) mitigated with 0 Money Page 12 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Nonresidenti conditions under a at Districts Minor Use Permit 9.80.040 Permitted Private parking lots/garages as a -Requires a CUP in most Commercial -ornhihit in ReginnGl Commercial and 0 Savings in Time No Community Commercial Zones Uses in principal use subject to Zones -nilpw A,; n,iTourist . Money Nonresidenti Chapter 9.150, Parking -May not be a desired r^comer. i^l, Office Commercial, and at Districts (pg 21) use in some Major Community Facilities, and Village commercial zones as Commercial^nef it may prevent retail -Keep as a CUP in the zones where it is development currently required. 9.80.040 Auto parts stores, with -CUP is unnecessary -Allow as a permitted us in 0 Savings in Permitted no repair or parts Neighborhood Commercial and Village Time Uses in installation on the Commercial Zone. 0 Money Nonresidenti premises (pg 21) al Districts 9.80.040 Lumber yards, outdoor -CUP is unnecessary -Allow as a Minor Use Permit in the 0 Savings in Permitted (see retail stores for when a MUP can Commercial Park Zone. Time Uses in indoor lumber sales) include conditions of 0 Money Nonresidenti (pg 22) regulate use at Districts 9080.040 Permitted Pest control services (pg 22) -CUP is unnecessary when a minor use -Allow as a Minor Use Permit in the Regional Commercial Zone. 0 Savings in Time Uses in permit can include -Allow as a permitted use in the 0 Money Nonresidenti conditions of regulate Commercial Park Zone at Districts use. Pest control seems to be a compatible use with the Commercial Park Zone 9.80.040 Permitted Contractor, public utility and similar -CUP is unnecessary in Commercial Park zone -Allow as a Minor Use Permit in the Commercial Park Zone Savings in Time Uses in equipment/storage when use can be -Allow as a permitted use in the Major Money Nonresidenti yards (pg 22) regulated with Community Facilities Zone at Districts conditions in a minor use permit. Page 13 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 -CUP is too restrictive in a Major Facilities zone and is compatible as a permitted use 9.80.040 Central cleaning or -The restriction should -Allow as an accessory use in the Tourist Flexibility Permitted laundry plants (pg 22) be lifted in the Tourist Commercial Zone Uses in Commercial since -Prohibit in the Regional Commercial, Nonresidenti laundry plant may be Commercial Park, and Community al Districts central to services at Commercial zone a resort 9.80.040 Recording Studios (pg -Prohibited in -Allow as minor use permit in Regional Flexibility Permitted 22) Regional Commercial Commercial and Village Commercial Uses in and Village zones Nonresidenti Commercial zones al Districts 9.80.040 Swimming pools as an -Minor Use Permit -Allow as an accessory use in all . Saving in Permitted accessory use (pg 23) unnecessary if an commercial zones Time Uses in accessory use . Money Nonresidenti al Districts 9.80.040 Golf or tennis facilities -Minor Use Permit -Allow as an accessory use in all . Saving in Permitted as an accessory use unnecessary if an commercial zones Time Uses in (pg 23) accessory use 0 Money Nonresidenti at Districts 9.200.020 Site Development -Requires approval by - heel cno to be ,,.,.,reyed at the 0 Savings in Create a Authority Permit (SDP) (pg 31, Planning Commission level Time Minor Site 41) -Some Site -Create a Minor SDP process to be 0 Money Development Development Permits approved at the administrative level. Review require approval by -Staff Recommended Threshold is: Process for City Council New office or commercial administrativ buildings no more than 10,000 a review. square feet that are not part of Keep Site Page 14 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 an approved master commercial Development development or Specific Plan. Permit at • New building construction or Planning remodeling (single and multiple Commission family residential, office, for big commercial and/or institutional) projects and landscape plans within an Major approved Specific Plan. concerns • New buildings on vacant pads with Minor within an approved commercial Site development. Development • New single family models and Permit will be landscaping plans in an approved referred to tentative tract map. Planning Commission 9.200.020 Home Occupation -already reviewed by -Move to Title 11 0 Easier to Authority Permit (pg 31) Code Enforcement understand 9.200.020 Add: Planning -No specific process -add to authority table at staff level 0 Easier to Authority Compliance Review for substantial review understand (pg 30) conformance review 9.200.020 Sign Program (pg 31) -Requires Planning -Move to Staff review 0 Savings in • Yes Authority Commission review Time • Money 9.200.090 C. Criteria ("this is the -only allows for -Allow for decrease in building square 0 Savings in • Yes Modification criteria for allowing modification of footage through the Modification by Time by applicant minor changes to an building square Applicant process. e Money (MBA) approved development footage if it is design) (pg 35) increases. A decrease in square footage is subject to a Site Development Permit to be approved by the Planning Commission. 9.200.090 C. Criteria (pg 36) -MBA process does -Allow for changes, additions or Savings in • Yes Page 15 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Modification by applicant (MBA) not allow for minor changes to site or grading plans as an administrative function. -Any changes site or grading plans would require Site Development Permit approval by the Planning Commission. substitutions for site and grading plans in the Modification by Applicant process. Time Money 9.200.090 C. Criteria (pg 36) -MBA process does -Allow for changes in residential model Savings in Approved Modification not allow for changes design in the Modification by Applicant Time by applicant in residential model process. Money (MBA) design. -Any changes to the residential model design would require a Site Development Permit approval by the Planning Commission. Chapter D. Decision -making -requirements that -Remove SDP from final approval • Savings in Approved 9.210 authority (pg 31) Site Development authority Time Developmen Permits for high 0 Money t Review density residential or Permits non-residential permits with structures greater than one-story and twenty-two feet in height and within one hundred feet of residentially zoned properties be reviewed by Council is too rigid. Page 16 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 Chapter C. Applicability (pg 47) -Only one deviation of -Allow for up to three adjustments per lot Flexibility As Directed 9.210.040 10% allowed for a by Ad -Hoc Minor numerical standard Committee Adjustments Page 17 - Development Code Tune Up- Title 9 Recommendations and Analysis 4-5-2016 348 ATTACHMENT 8 TITLE 9 ZONING 9.280.030 Definition of terms. "Director" or "planning director" means the city manager or his/her designeeplaRning director of the Gity or the director I s authorized agent or represeRtati "Planned unit development" means a residential, merri-aal, industrial er other typ development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. CHAPTER 9.40 RESIDENTIAL PERMITTED USES 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: "P": Permitted as a principal use within the district. "A": Permitted only if accessory to the principal residential use on the site. " C " : Permitted if a conditional use permit is approved. W": Permitted if a minor use permit is approved. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. "S": Permitted if a specific plan is approved per Section 9.40.030. "X": Prohibited in the district. 1 349 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H = _ Home Ta occupation c ;a permit N � � S = Specific y plan required :� o T= Temporary Use Permit X= Prohibited J o a� 3 m o use �' 3 > a� > -1 0 Land Use RVL RL RC RM RMH RH Single-family P P P P P S detached dwellings Single-family detached patio PUDS PUDS PUDS PUDS P PUDS homes (i.e., "zero lot -line") Duplexes (two units on the same PUDS PUDS SX PUDS P P lot) Single-family attached dwellings (two units per PUDS PUDS X PUDS P P building with each unit on its own lot) Townhome dwellings (two or more units per PUDS PUDS X SP P P building with each unit on its own lot) Condominium multifamily PUDS PUDS X SP P P ("airspace" units) 350 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, m m use c ) c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Apartment multifamily (rental X X X P P P units) Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes on P P P P P X individual lots, subject to Section 9.60.180 Resort residential subject to Section CID GP X GP GP GP 9.60.320 Guesthouses, subject to Section A A A A A A 9.60.100 Second residential units subject to A A A A A A Section 9.60.090 Group Living and Care Uses 351 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, °'E E m use c ) c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Child day care facilities as an accessory use, A A A A A X serving 8 or fewer children, subject to Section 9.60.190 Child day care facilities as an accessory use, M M M M M X serving 9-14 children, subject to Section 9.60.190 Congregate living facilities, 6 or fewer P P P P P X persons Congregate care C C C C C C facility Residential care facilities, 6 or fewer P P P P P P persons 352 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, °'E E m use c ) c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Senior citizen residences, 6 or fewer persons, P P P P P P subject to Section 9.60.200 Senior group housing, 7 or more X X X XM GM GM persons, subject to — — — Section 9.60.200 Time share facilities, subject to GM GM GM GM GM GM Section 9.60.280 Bed and breakfast GM GM GM GM GM GM inns — — — Supportive X X X C C C Housing Transitional X X X C C C Housing Cottage Food Operations, subject MP MP MID MP MP MP to Section 9.60.115 Open Space and Recreational Uses 353 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary 4) 4) Use Permit 3 y p X = Prohibited o -i a, °'E E 4) use c ) c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Public parks, playfields and open P P P P P P space Bicycle, equestrian P P P P P P and hiking trails Clubhouses and community P P P P P P pools/cabanas Unlighted tennis and other game courts on private A A A A A A property, subject to Section 9.60.150 Lighted tennis and other game courts on private property, M M M GM GM GM subject to Section 9.60.150 Golf courses and country clubs per P P P P P P Section 9.110.040 Driving range with GM GM X GM GM GM or without lights 354 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, °'E E m use �' 3 ) > � V 2 2 2 Land Use RVL RL RC RM RMH RH Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.110 Patio covers, decks, and A A A A A A gazebos, subject to Section 9.60.040 Fences and walls, subject to Section P P P P P P 9.60.030 Satellite dishes and other antennas A A A A A A subject to Section 9.60.080 Swimming pools, spas and cabanas, A A A A A A subject to Section 9.60.070 Garages and carports, subject to A A A A A A Section 9.60.060 355 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, o m � m o use c c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Keeping of household pets, A A A A A A subject to Section 9.60.120 On lots of 1 acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals include A A X X X X horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. 356 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, o °' � m o use c c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Other accessory uses and structures which are customarily associated with and subordinate to A A A A A A the principal use on the premises and are consistent with the purpose and intent of the zoning district. Agricultural Uses Tree crop farming; P X X X X X greenhouses Field crop farming P M X X X X Produce stands, subject to Section P M X X X X 9.100.100 Temporary Uses Garage sales A A A A A A 357 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, °'E E m use c ) c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Construction and guard offices, M M M M M M subject to Section 9.60.210 Use of relocatable M M M M M M building Model home complexes and sales offices, M M M M M M subject to Section 9.60.250 Special outdoor events, subject to M M M M M M Section 9.60.170 Parking of recreational A A A X X X vehicles, subject to Section 9.60.130 Other Uses Churches, temples and other places of C C C C C C worship 10 358 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H =' _ Home occupation c �a permit N � S = Specific plan required = o T= Temporary o 4) Use Permit 3 y p X = Prohibited o -i a, m m use c ) c 4) m > -J C) 2 2 2 Land Use RVL RL RC RM RMH RH Museum or gallery displaying sculpture, artwork or crafts, including GM GM GM CM GM GM schools for above, on 20 acres or more Community recreational vehicle XA XA X PA RA PA storage lots, — — — — — noncommercial Communication towers and equipment C C C C C C (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted M M M M M M to existing facility) subject to Chapter 9.170 11 359 TITLE 9 ZONING Table 9-1 Permitted Uses in Residential Districts P=Gr Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development M = Minor use permit H = _ Home E occupation c permit N � S = Specific N plan required o T= Temporary o Use Permit 3 W c X = Prohibited o o use �' D s > -j U 2 2 Land Use RVL RL RC RM RMH RH Utility substations M M M M M M and facilities Public flood control facilities and P P P P P P devices (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 12 360 TITLE 9 ZONING Chapter 9.80 NONRESIDENTIAL PERMITTED USES 9.80.010 Development permits required. Table 9 of this Chapter speG'f'VA whether a nonresidential land use or structure is permitted within a zoning district shall be determined in accordance with this title. Howeve ,-iln most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210., approval of a specific plan is required for any development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.020 Residential uses in the CR Regional Commercial district adjacent to Highway 111 in NR overlay district. In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the NR nonresidential overlay portion of the CR regional commercial district except for incidental residential uses which: A. Are incorporated into a project site which is twenty acres or more in size; B.Are a part of a larger mixed use project with predominantly nonresidential uses; C.Are no more than twenty percent of the total project square footage; D.Are well integrated into the larger development, i.e., not a separate use; E. Serve a legitimate necessary purpose for the development such as employee housing; F. Have at least fifty percent of the units in the affordable category, as defined in the general plan housing element; and G.Are approved by the city as an integral part of the overall mixed use project. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.030 Residential uses outside NR overlay. In accordance with the General Plan Policies 2-3.1.6 through 2-3.1.8, single- family residential uses may be established in the CR district outside the NR nonresidential overlay. Such projects may have up to a proportion of one hundred percent residential. The following requirements shall apply: A. A specific plan shall be approved and the project shall conform to the RSP residential specific plan standards of Section 9.30.0809.140.100 with regard to common open area and perimeter landscaping with the exception of single-family residential. B. A minimum of fifteen percent of the dwelling units are provided in the affordable "low" and/or "very low" income category per Section 9.60.270. C. Project sites of less than twenty acres shall be single -use, either all residential or all nonresidential. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 13 361 TITLE 9 ZONING 9.80.040 Table of permitted uses. A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. W": Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. "V: Prohibited in the district. 7. "S": Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the planning or the planning commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses in Nonresidential Districts P = PrinGipat-Permitted use A = Accessory use L (O a C t - L L �' = L E C = Conditional use c �, �, s- m E E E r permit E E E o .0 E v v C v M =Minor use permit W o 0 U 0 ' L 4 o� T = Temporary use U permit t> Z 0 O g X = Prohibited use Land Use CR CP CC CN CT CO MC I VC Retail Uses Retail stores under 10,000 sq. ft. floor area P AP P P AP AP X P per business Retail stores', 10,000— 50,000 sq. ft. floor area P 6P GP GP X X X P Retail stores', over 50,000 sq. ft. floor area GP C SM X X X X X Food, liquor and convenience stores under 10,000 sq. ft. floor P A P P A A X P area, open less than 18 hours/day2 Food, liquor and convenience stores SM X SM SM SM X X M under 10,000 sq. ft. floor area, open 18 or more 14 362 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V Ii �, E = Accessoryuse _ L. a _ o— o .3= Uuse °'A = Conditional use a'_c d £C ; permit a� E a� E E a E v V V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v Z permit L)i 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC hours/dayz Plant nurseries and garden supply stores, with no propagation of plants on the premises, GP X GP GP X X X subject to Section P 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without P P P X X X X X substantial on -site — inventory General Services Barbershops, beauty, nail and tanning salons P A P P P A X P and similar uses — Miscellaneous services such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, p A P P P A X p and similar uses — Laundromats and dry cleaners, except central P X P P P X X M cleaning plants — Printing, blueprinting and copy services P P P P P P X P Pet grooming —without overnight boarding P X P P P X X p Office and Health Services Banks P X P P P P X P General and P XP P P P P CP P professional offices — — Medical offices— P XP P P P P X physicians, dentists, 15 363 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V Ii�, E use A = Accessoryuse _ f° L. a _ r `� " °o — o °' .3 d = z U °' C = Conditional use c a a�Li L d £ ; permit a� E a� E E a E v V V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC optometrists, chiropractors and similar P practitioners, Medical centers/clinics— four or more offices in P X P C X P X one building Surgicenters/_medical P XP P C X P X X clinics Hospitals C X X X X X C X Convalescent hospitals C X C X X X C X Veterinary clinics/animal hospitals and pet GM CM CM GM X X X boarding (indoor only) I I M Dining, Drinking and Entertainment Uses Restaurants, other than P A P P P X A P drive -through Restaurants, drive- P A P X P X X X through Restaurants, counter take-out with ancillary seating, such as yogl4urt, ice cream, P P P P P X XA P pastry shops and similar Bars-, taverns and cocktail lounges C C C XC C X X C Dancing or live entertainment as a C XC C X C X X principal use C Dancing or live entertainment as an A XA GA GA GA X X A_ accessory use Theatepicture rs, live or motion CP X GM XM GM X XA M Tobacco shops without onsite smoking, as per P X GP XP GA X X the provisions of the — — P 16 364 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessoryuse _ f° L. a _ r `� " ° o — o 0 = U C = Conditio al use c a�Li L d E £ ; permit a� E a� E E a E v V V U v M =Minor use permit W o E 0 0 m 0 L 0 c� T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC Heath and Sanitation Code Cigar lounges, hookah bars, and similar uses with onsite smoking, as CM X XM XM CA X X per the provisions of the M Health and Sanitation Code Recreation Uses Bowling, pool or billiard centers as a principal C XC C X C X X C use Pool or billiard tables as accessory use (3 tables A A A A A A X A or less) Game machines, 11 or more (as either a C X C C C X X principal or accessory use) Game machines as an accessory use, 10 or A A A A A A X A fewer machines Golf courses and country clubs (see GC X AX X X CA AX X X district permitted uses, — — — — Chapter 9.120) Tennis clubs or C A C X X A C complexes Health clubs, martial arts studios, and dance MP MP MP ASP MP MP AM studios, 5,000 sq. ft. P floor area or less Health clubs, martial arts studios, and dance CM CM CM CM CM CM XM studios, over 5,000 sq. — — M ft. floor area Libraries P XP P GP P P P P Museum or gallery displaying sculpture, P P P P P P P P artwork or crafts, 17 365 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y �, Ri use A = Accessoryuse _ f° L. a -a�Li r `� " °o — o °' d = Z U °' C = Conditio al use c aU L d E £ ; permit a� E a� E E a E v 0 V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC including schools for above Parks, unlighted playfields and open P P P P P P P P space Lighted playfields X X X X X X C C Bicycle, equestrian and P P P P P P P hiking trails P Indoor pistol or rifle X C X X X X X ran Miniature golf/recreation C X X X GM X X ters X lAssembly Uses Ice skating rinks GM XM GM X XM X GM X Lodges, union halls, social clubs and senior CP CP CP GP X X CP P citizen centers Churches, temples and CM CM CM CM X CM X other places of worship — — — — M Mortuaries and funeral GM GM CM X X X X home X Public and Semipublic Uses Fire stations P P P P XP P P P Government offices and P P P P P P P police stations P Communication towers and equipment C (freestanding, new C C C C C C C towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted to M M M M M M M existing facility) subject M to Chapter 9.170 Electrical substations MX M AMX X X X M X Water wells and MID MID MID XP XP XP MID pumping stations P 18 366 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V Ii�, E use A = Accessoryuse _ f° L. a _ r `� " °o — o °' .3 d = z U °' C = Conditional use c a�Li L d £ ; permit a� E a� E E a E v V V v M =Minor use permit W o E 0 0 m 0 L 0 c U. T = Temporary use v permit L) Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC Reservoirs and water X X X X X X ASPtanks X Public flood control P P P P P P P facilities and devices P Colleges and C BEM X X X XM C universities C Vocational schools, e.g., barber, beauty and GM C C X X C C C similar Private elementary, intermediate and high C C C C C C C C schools Private sw 9rn schools G G G x G TraiRbus and taxi s} eRS G X G X G X G Helicopter pads X X X X C X C X Public or private kennels and animal shelters X C X X X X C (with indoor or outdoor X pet boarding) Golf courses and country clubs (see GC C A C X C A P district permitted uses, Chapter 9.120) Driving range unlighted P A C X P A P Tennis clubs or C A C X C A C complexes Health clubs, martial arts studios, and dance P P P P P P A studios, 5000 sq. ft. floor area or less Residential, Lodging and Child CareChild daycare Uses Townhome and multifamily dwelling as a C3 C4 XC xC XC XC X PC primary use3,4 Residential as an accessory use, e.g., GM GM GM GM GM GM GM caretaker residences per M Section 9.100.160 19 367 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V Ii �, E A = Accessoryuse _ L. a _ o— o .3= Uuse = Conditional use a'_c d £C ; permit a� E a� E E a E v 0 V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC Child day-care facilities, centers and preschools as a principal use, CM CM CM CM XX CM CM subject to Section M 9.100.250 (also see Accessory Uses) Senior group housing, subject to Section CX X X X X X X M 9.100.260 Rooming and boarding CX X X X X X X M houses — Single room occupancy (SRO) hotels, subject to C X X X X X X X Section 9.100.270 — Emergency shelters P P P P P P P X Transitional shelters for homeless persons or C X X X X X C X victims of domestic — abuse Single family residential SX X X X X X X X Mixed -use projects: residential and SP XP XP XP XP XP X P office/commercial RV rental parks and ownership/membership CX X CX X CM X X X parks Resort residential S X C X C X X Hotels and motels CID X CID X CID X X P Timeshare facilities, subject to Section PC XX PC XX PC XX XX P 9.60.290 V Caretaker residences M M M M M M M M lAutomotive Automobile Uses" Golf cart, neighborhood electric vehicle (NEV), P P P XM X X X and electric scooter — M 20 368 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V Ii�, E use A = Accessoryuse _ f° L. a _ r `� " °o — o °' .3 d = z U °' C = Conditional use c a a�Li L d £ ; permit a� E a� E E a E v V V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v IF permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC sales Automobile service stations, with or without C C C C X X X C minimart Car washes GM GM GM X X X X X Auto _body repair and painting; transmission X C X X X X X X repair Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, C C C X X X X brake, lube and tune-up services —not including X major engine or drivetrain repair Auto and motorcycle GM GM X X X X X sales and rentals X Used vehicle sales, not associated with a new C C X X X X X vehicle sales facility, as X per Section 9.100.030 Truck, recreation vehicle C C X X X X X and boat sales Auto parts stores, with no repair or parts P P P GP X X X installation on the P premises Auto or truck storage yards, not including X C X X X X X dismantling X Private parking lots/garages as a principal use subject to C C C X C C X Chapter 9.150, Parking C Warehousing and Heavy Commercial Uses' Wholesaling/distribution centers, with no sales to C P X X X X X X 21 369 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinGipal-Permitted Y use A = Accessory use _ f° L. a _ " °o — o 0 = U C= Conditio al use c d a 0L d E £ ; permit a� E a� E E a E v 0 V U v M =Minor use permit W o E 0 0 m 0 L 0 c� T = Temporary use v Z permit L)i 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC consumers General warehouses, with no sales to C P X X X X X consumers Mini -storage X warehouses X X6 X X X X X Lumber yards, outdoor (see retail stores for X GM X X X X X indoor lumber sales) X Pest control services CM PC X X X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar GX GM X X X X CID X equipment/storage yards Central cleaning or GX GX GX X XA X X laundry plants X Communication or relay facilities/antennas as C C C C C C C primary use Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, X P X X X X X X glass, leather, stone, paper (except milling), plastics, metal, and wood Research and P P X X X X X development X Recording studios P_M P X X X X X M Bottling plants X P X X X X X X Sign making, except P P X X X X X sandblasting Sign making, including X P X X X X X sandblasting X C X X X X C 22 370 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V ii �, E use A = Accessoryuse _ f° L. a _ r `� " °o — o °' .3 d = Z U C = Conditional use c L- a�Li L d £ ; permit a� E a� E E a E v 0 V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC Recycling centers as a X primary use, collection and sorting only, subject to Section 9.100.190 Off -site hazardous waste facilities, subject X C X X X X X X to Section 9.100.230 — Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog M M M M M M M stands, etc.), subject to M Section 9.100.100 Swimming pools as an AAA AAA AAA XA AA AAA AA accessory use A Golf or tennis facilities AAA AAA AAA XA AA AAA AA as an accessory use A Signs, subject to A A A A A A A Chapter 9.160 Fences and walls, subject to Section A A A A A A A 9.100.030 Antennas and satellite dishes, subject to A A A A A A A Section 9.100.070 A Reverse vending machines subject to A A A A X X A Section 9.100.190 M Recycling dropoff bins, subject to Section M A M M X X A 9.100.190 Incidental products or services for employees or businesses, such as A A A A A A A child day care, cafeterias and business A support uses Other accessory uses A A A A A A A and structures which are 23 371 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = Pu•inGipal- Permitted use A = Accessoryuse _ f° L a _ r `� °o — °' d = U C = Conditio al use c L d E £ ; permit a� E a� E E a E v V V U v M =Minor use permit W o E 0 0 m 0 L 0 c� T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CP CC CN CT CO MC VC customarily associated with and subordinate to the principal use on the premises and are consistent with the A_ purpose and intent of the zoning district, as determined by the director Temporary Uses Christmas tree sales, subject to Section T T T 9.100.080 Halloween pumpkin sales, subject to Section T T T 9.100.090 Stands selling fresh produce in season, T T T subject to Section 9.100.100 Sidewalk sales, subject T T T to Section 9.100.130 Temporary outdoor events, subject to T T T Section 9.100.140 Construction and guard offices, subject to T T T Section 9.100.170 Use of relocatable building, subject to T T T Section 9.100.180 Other Uses T X X T T T X X T T T X X T T T T T X T T T T T T T T T T T T T T T Fortunetelling and C X C X X X X palmistry Sexually oriented businesses, subject to C X X X X X X X Section 9.110.080' Other uses not listed in this table: per Section 9.20.040, director of planning commission to 24 372 TITLE 9 ZONING Table 9-5 Permitted Uses in Nonresidential Districts P = PrinEipal-Permitted Y7V ii �, E use A = Accessoryuse _ f° L. a _ r `� " °o — o °' .3 d = Z U °' C = Conditional use c a a�Li L d £ ; permit a� E a� E E a E v 0 V v M =Minor use permit W o E 0 0 m 0 L 0 U. T = Temporary use v permit L)i Z 0 p 2 X = Prohibited use Land Use CR CID CC CN CT CO MC VC determine whether use is permitted Notes: 1 Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. 3 If part of a mixed -use project per Section 9.80.020 or 9.80.030. 4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, 9.60.270. 5 Subject to Section 9.100.120, Outdoor storage and display. 6 Mini -storage warehousing operating on December 17, 2008 (the effective date of -the ordinance codified in this section), are considered legal, conforming land uses. —Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a site development permit. Any modification or expansion shall conform to the development standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development Standards. 7 Property must also be located within the SOB (sexually oriented business) overlay district. (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009; Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1, 2005; Ord. 397 § 1 (Exh. A), 2004; Ord. 325 § 1 (Exh. A), 1998; Ord. 307 § 1, 1997; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 9.120.010 Development permits required. Table 9-8 of this chapter specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 25 373 TITLE 9 ZONING 9.120.020 Table of permitted uses. Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "T": Permitted on a temporary basis if a temporary use permit is approved. 5. "X": Prohibited in the district. P = Permitted use d M R = Accessory use = L C = Conditional o L > O> use permit O 20 T=Temporary use o �' W L. M c permit U O VE `° 3 .� Qi L V1 ' = Prohibited use m o 0 o = o> o n.W a O U. =CEO cnm w Qx PR GC OS FP HC* SOB EOD* AHO* Land Use P P P P P P ** Open space Public parks, lakes P P P P X and passive recreation facilities Playfields, lighted or P X X X X X unlighted Bicycle, equestrian P P P P P ** and hiking trails Libraries and C X X X C X ** museums Visitor centers C X C C C X ** 26 374 TITLE 9 ZONING P = Permitted use 4) M �a = Accessory use = L> c� L C = Conditional c' > O > use permit M oo '�' o _ O to �' .20 T=Temporary use y a d ca ;a z c permit Y � v c o vi L M 'o = Prohibited use d o Q. c — o > m o- r- ax (9 O LL =c)O cnm w ax Clubhouses and P A X X X X ** community ools/cabanas Tennis courts or P A X X X X ** complexes, public Tennis clubs or A X X X X ** complexes, private Golf courses and "* country clubs, including C I' X X X X ** clubhouses and other customary accessory uses Golf courses ** without above- ground structures, C P X P G X ** including fairways, greens, tees and golf -cart paths Signs, subject to A A A A ** Chapter 9.160 Fences and walls, A ** subject to Section 9.100.030 Satellite dish and ** other antennas, A A A A A ** subject to Section 9.100.070 Temporary outdoor T T T T T T ** events, subject to Section 9.100.040 27 375 TITLE 9 ZONING P = Permitted use 4) M �a = Accessory use = L> c� L C = Conditional c' > O > use permit M oo _ O to .20 T=Temporary use o y a d �' z c permit Y ;v v c o ca ;a vi L z 'o = Prohibited use d o Q. c — o > m o- ax 0 O L =c)O cnm w ax Commercial Filming, subject to T T T T T T T T Section 9.210.050 Single-family X X C X C' X ** residential Multifamily residential, commercial (except sexually oriented X X X X X X ** businesses), office or industrial development Sexually oriented businesses, subject X X X X X C ** to Section 9.140.050 Communication towers and equipment C C C C C' C ** (freestanding, new towers) subject to Chapter 9.170 Communication ** towers and equipment (co - location, mounted to M M M M M M ** existing facility) subject to Chapter 9.170 Electrical X X M X M' X ** substations Water wells and P P P P M' X ** pumping stations Water tanks and X M M X M' X ** ** reservoirs 28 376 TITLE 9 ZONING P = Permitted use = Accessory use C = Conditional use permit T = Temporary use permit = Prohibited use Public flood control facilities and devices Medical mari'uana dis ensaries Other principal, accessory or temporary uses not listed above °= M L m i ca L o d ; Q ; c O v�i L c4 _ 1p p0 to c fC �� IC O (� Q N , d z IC C o L aW 0 O =ti0 inm w Q= P P P P P P ** X X X X X X X** X (Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 1 Chapter 9.200 GENERAL PERMITTING PROCEDURES 9.200.010 Development review process. A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application. B. Applicable State Law. It is intended that the provisions of this chapter shall be consistent and in full compliance with Section 65920 et seq., and other applicable sections of the State Government Code and that such provisions shall be so construed. C. Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. D. Application Filing. Applications shall be filed with the planning department on forms prescribed by the director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. 29 377 TITLE 9 ZONING E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A), 1996) 9.200.020 Authority. A. Decision -Making Authority. Table 9-23, following, specifies the decision - making authority for each of the various actions described in this code. An "A," "PH" or "CC" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item. 30 378 TITLE 9 ZONING Table 9-23 Discretionary Review Authority PH = Decision -making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) CC = Decision -making body (City Council as consent calendar item Type of Application Decision- aking Authority Staff Planning Commission City Council General plan amendment R(PH) PH Zoning code amendment R(PH) PH Zone change R PH) PH Specific plan R PH PH Development agreement R PH PH Variance PH Conditional use permit PH Site development permit*** (ROt Wi+hin GGGpe ofiQMGa210010rn) A PH Site deVelOpMeRt LQ o - CC/PH*** Permi�er Minor use permit A* Minor adjustment A* Temporary use permit A* Home occupation permit A** Sign permit A* Sign program A* PH Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By ^'a^^i^^ diFe +^~city manager or his/her designee ** By director of building and safety ***Subject to the provisions of 9.210.010. *** pH would be held if the 'fern as oved on CC- asar.enseRt GareRdar i-tem****Also see Title 13, Subdivisions. B. Administrative Action. Actions to be taken administratively per Table 9-23 preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case -by -case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. (Ord. 425 § 1, 2006: Ord. 284 § 1 (Exh. A), 1996) 31 379 TITLE 9 ZONING 9.200.030 Combined applications. At the discretion of the director, applications for different types of actions may be combined and processed concurrently so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications: A. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. B. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-23 preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the city council. C. The applicable fee(s) shall be collected in accordance with Chapter 9.260. (Ord. 284 § 1 (Exh. A), 1996) 9.200.040 General permit provisions. A. Applicability of Permits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. B. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this chapter shall have the same force and effect as this zoning code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this chapter, and the enforcement provisions of the municipal code shall be applicable. (Ord. 284 § 1 (Exh. A), 1996) 9.200.050 Permit applications. A. Acceptance of Applications as Complete. Within thirty days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. B. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the planning department sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The director shall determine the amount of funds 32 380 TITLE 9 ZONING required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed. (Ord. 284 § 1 (Exh. A), 1996) 9.200.060 Action by decision -making authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Ca4z 4G4 ems! -Approval with Conditions. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action's effective date as defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. 33 381 TITLE 9 ZONING C. Effective Date. The determination of the decision -making authority by rResolution shall be effective frifteen—ealendar days after the date the deGisin i made and after o�ppppe.s if any, have heeaGtrJp___on per Sect'en 9 �120immediately unless appealed. Ordinances "`shall be effective 30 days after second reading unless adopted as an urgency or emergency ordinance as shall be effective as authorized under law. D. Tie Votes. 1. Development Review Applications. If action on a development review application results in a tie vote by the decision -making authority, such vote shall constitute a lost motion. 2. Appeals. When all members of a decision -making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision - making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision -making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision -making authority. E. Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decision -making authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in Chapter 9.210. (Ord. 284 § 1 (Exh. A), 1996) 9.200.070 Time limits on processing applications. A. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. B. Incomplete Application Sunset Provisions. All applications which remain incomplete aPA-or inactive for a minimum six-month period shall have a written thirty -day warning notification forwarded to the applicant by means of certified mail or similar method. If no action is taken by the applicant regarding the application within thirty days thereafter, the application shall automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) 34 382 TITLE 9 ZONING 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permit's effective date as set forth in Section 9.200.060. The period of validity shall run pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). Development Review Permits can be extended no more than twice. 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996) 35 383 TITLE 9 ZONING 9.200.090 Modifications by applicant. A. Plan Modifications by Applicant. Site development permit and Village use "plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision -making authority. C. Criteria. Modifications by applicant shall permit minor changes to an existing or approved site development permit or Village use permit. The following criteria constitute minor changes that shall be deemed eligible for modification by applicant consideration: 1. Increases in building square footage not to exceed ten percent from the original approval that have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking; 2. Changes, additions, or adjustments to windows, window locations, or window treatments; 3. Changes, substitutions, or adjustments to building materials, roofing materials, screening materials, lighting fixtures, or paving; 4. Changes, additions, or substitutions to Wig -approved landscaping, ;rind ding the rerneyal of to f er ,safer features site or grading plans; 5. Minor adjustments, substitutions, or additions to architectural features such as pilasters, canopies, trellises, shade structures, overhangs, eaves, parapets, cornices, or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building; 6. Changes, substitutions, or adjustments to the approved color palette or material colors. �7. Changes in residential model design. D. Ineligibility. Modifications by applicant which have been determined by the planRiRg planning commission, or city council to exceed these standards or constitute a significant change shall require application and approval of an amended site development permit or arneRded Village i,�o wit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) Amendments to development review permits. 1. Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in 36 384 TITLE 9 ZONING Section 9.200.090 new or additional land uses, or similar major changes. 2. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.200.110 Public hearings. A. Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65090 et seq., of the State Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to State Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with subsection D of this section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision -making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this section. D. Noticing Requirements. Not less than ten days prior to hearing. The city shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicants name, the location of the property affected, and a description of the land use, development or other action proposed, to: a. The owner of the subject real property, b. The owners authorized agent, if any, c. The project applicant, d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project, 37 385 TITLE 9 ZONING e. All owners of real property as shown on the last equalized assessment roll within five hundred feet of the subject real property. If the number of owners to whom notice would be mailed is greater than one thousand, the city may instead place a display advertisement of at least one -eighth page in a newspaper of general circulation; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the city and one place at the subject site. E. Additional Notice. The planning director may require that additional notice be given by enlarging the notification radius or by other means determined by the director. F. Other Notice. The city shall also provide any other notice required by law. (Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.200.120 Appeals. Appealable Decisions. Any development review action by the director may be appealed to the planning commission and any development review action by the planning commission may be appealed to the city council in compliance with the provisions of this section. For purposes of this section , the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. Designation of Board of Appeals. The planning en�mmiiisssie�hall the Gity GGunGil shall GGRStitUte the beard of appeals for deGisions by the Planning Commission Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee. 0-.C. Call -Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the director or the planning commission regarding the action taken on a development review permit application. The beard of appealspP—lanning cGommission's or cGity cGouncil's' call-up review shall be processed in accordance with subseEti n E-of this section and may be ov�3eat any time prier to +ho expiration of fifteen `Joys frern the date on whinh the denisien was mono E—.D. Appeal Procedures. 1. Time Limits for Filing Appeals. a. All appeals, except call-up reviews pursuant to Subdivision C, shall be filed with the director within fifteen calendar days of the date on 38 386 TITLE 9 ZONING which the decision being appealed was rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired. a.b. A request for call-up review pursuant to Subdivision C shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or his/her designee within fifteen calendar days of the date on which the decision of the director or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or his/her designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to Gall- up review. If the next regular meeting of the board of appeals is cancelled, the city manager or his/her designee shall reschedule the _question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a director's decision on a development review permit, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section. 4-.2. Required Documents. Each appeal, except for call-up reviews initiated by a beard ref anneals on its eWR metion shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the beard of anpPlanning cGommission or cGity cGouncil the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 2-.3. Forwarding of Records. When an appeal has been received, the director shall forward to the beard ef appeals pPlanning cSommission or cGity cGouncil -all documents and information on file pertinent to the 39 387 TITLE 9 ZONING appeal together with the minutes or official action of the decision - making authority and a report on the basis of the decision. -3-.4. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.110. 4-.5. Issues to be Considered. The beaFd of appe31&_pB!gnning cGommission or cGity cGouncil—may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision -making authority took action. When reviewing a decision - making authority's decision via its own call-up review, the pRIanning cGommission or cGity cGouncil board of appeals may raise and consider any issue it deems appropriate to the project application. -5-.6. Action on Appeal. Not later than forty-five days after an appeal has been received and accepted by the director, the pRianning cGommission or cGity cGouncil Knord of appeals shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the pRIanninq cGommission or cGity cGouncilbeard of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 6:7. Majority Vote. Action by the pP-lanning cGommission or cGity cGouncil board of appeals to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. (Ord. 284 § 1 (Exh. A), 1996) 9.200.130 Permit revocation. A. Grounds for Revocation. Any development review permit may be revoked by the decision -making authority or the city council pursuant to the provisions of this section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, 40 388 TITLE 9 ZONING safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this code such as, but not limited to, those for sexually oriented businesses. B. Procedure. Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section 9.200.110, except that the permittee shall be given not less than fifteen days' notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision -Making Authority. Following the hearing, the decision - making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision - making authority by any affected person. E. Appeal. Any action by the decision -making authority pursuant to this section may be appealed as set forth in Section 9.200.120. F. New Decision -Making Authority. If the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision -making authority as that term is used in this section. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.210 DEVELOPMENT REVIEW PERMITS 9.210.010 Auth aritySite Development Permits. A. Terminology. For purposes of this code, site, architectural, lighting and preliminary landscape plans, related development plans, and sign programs are included within the term site development permit. B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including, but not limited to, permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 41 389 TITLE 9 ZONING 1. Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval. 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision -Making Authority. Site development permits shall be processed as follows: 1. All permits shall be 4nGessed hy � pIannirirr cvmi rrr`�rrissie npermi� c�.The dDirector shall be t`he dDecision m_Makinq aAuthority for the following projects: a. New office or commercial buildings no more than 10,000 square feet that are not part of an approved master commercial development or sSpecific PPIan. b. New building construction or remodeling (single and multiple family residential, office, commercial and/or institutional) and landscape plans within an approved sSpecific pPlan. c. New buildings on vacant pads within an approved commercial development. d. New single family models and landscaping plans in an approved tentative tract map. 2. The DPlannina cSommission shall be the dDecision mMakin aAuthority for the following projects: a. New office or commercial buildings of more than 10,000 square feet that are not part of an approved master commercial development or sSpecific pPlan. b. New multi -family buildings and landscaping no part of an approved sSpecific PPIan. c. New Mixed Use buildinas and landscapina glans. W-1 WON .. 42 390 TITLE 9 ZONING Dreric�eFolopment Plan Upon approval asFte development perm Gonstitutes a--prepisee development plan. Therefore, all development authernzed under a site development permit and any land uses assvoGated with the development shall be rGOm T% with plans, speGifiGations and Gonditien on and/or at aG-iad to to the —approved E. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any site development permit: 2. Consistency with General Plan. The project is consistent with the general plan. 3. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 5. Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, 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. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. g Sign Programs Per Sentien 9.160.090 (Sign permit review) in order to e pro a planned Sign program t��e n-making authority ml lst fin~ri-1J1t`+h Ya`+• q�T�ffT � fond that a. The sign program is r+n�. sterlt with the purposeandintontoo.fr Chapter 9.160 (Signs), bb.TThe sign prngrorn is in harmony with and visually elated to— i III signs within the planned sign program via the innorpnration , of seeral Gemmen design eleimefitts suGoajmaterials, lette stylestyle r•GIOrSrc ills rninat�n sign tripe or sign shape , ,�nurrnrTcr , , H. The Ri�uriamg-.si They ,-^I,. Identify. �, his ma�ear' -cn eY till ate�YJ, Gyt�, or design meet�� daed the building being identified 0 43 391 TITLE 9 ZONING III. rreUnding Development. ImplemeRtetien oofr the PlannedSinn pregram Will net adversely affect SUrrei ending land uses or ehSG ire adianent nnnferming signs F. Appeals. Appeals to decisions on -site development permits shall be reviewed pursuant to Section 9.200.120. G. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit r one year from its efferti„e date as definedindeEtion .20n 06n Time exten� S�Smay be grantshall be pursuant to Section 9.200.080.E H. Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100. I. 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 site development permit. (Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) 9.210 020 Conditional use permits and minor use perm A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. der purposes of s s term "use permit" in ides teeth nditienal p���th-i��ec�i� n; t#c��m,--a�� �r< ���r-ce�� Use and mill — nor i ice permits B. Definitions. See Chapter 9.280. C. Applicability. A conditional use permit or a minor use permit is required for all land uses identified in this code as requiring such permits. D. Decision -Making Authority. Conditional use permits shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.110. Miner Use permits shall he pre ed mmvr�r�c—pcn-r-rrc�—�i-rarr—rfc�rvGeSSccr administratively by the planning director pi irsUent to SeG ien 9.200.020. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of either conditional use permitera +�tee� use Derm+t: 1. Consistency with General Plan. The land use is consistent with the general plan. 44 392 TITLE 9 ZONING 2. Consistency with Zoning Code. The use 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. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080.The deGiSieR_makiRg a itherity may impede n time limitation en establishment of use, as defin in Seen 9.200.080, and/or may �r�rrr�rrt v� ���rcm� c vrr I �v w establish-aR exppirati8rR crate-� use itself. TTome-extonSieRs pia he granted p irs cant to Sentlen 9.200.080. I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.400080. J. The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. (Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.210 020 Minor use permits A. Purpose. The purpose of a minor use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. B. Definitions. See Chapter 9.280. C. Applicability. A minor use permit is required for all land uses identified in this code as requiring such permits. D. Decision -Making Authority. Minor use permits shall be processed administratively by the COMMUROty DevelopmeRt sOirector pursuant to Section 9.200.020. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of a minor use permit: 45 393 TITLE 9 ZONING 5. Consistency with General Plan. The land use is consistent with the general plan. 6. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code. 7. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 8. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or incurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. K. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. H. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. I. The use permit may be modified or revoked by the cSity cSouncil, or pRanning cCommission, should +h�a majority of either body determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially incurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. (Ord. 489 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 1 (Exh. A), 1996) 9.210.030 Variances. A. Purpose. The purpose of a variance phis to provide for deviations from applicable standards of this zoning code such as the development standards set forth in Chapter 9.50 and 9.90. Therefore, any development or other activity 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. B. Applicability. A variance phis required for any development which is not consistent with applicable site development standards or other regulations of this code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040. C. Decision -Making Authority. Variances shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.110. D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. 46 394 TITLE 9 ZONING .Pre�Development n approval ayariannGepermit enstitutes a authorized permit shall ho in Ge with one GU1Tl"�ITG er—so �p•G'1'l""1""I'1'�JT7UTI�i frr- G�V9T , sponifinotions and nonditions of approval shown on and/or ottonhed to the approved permit. 7.E. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance it: 1. Consistency with General Plan. The variance is consistent with the general plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit variance 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. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. 7. No Special Privileges. The variance's p required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. L. Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080. G. The —denisien_making a uthnrity may impose a- tim«�i nation e establishm � �iorion -ermit r!�'n" �`e 9.200.080. cscavrrmrr-r rra-rr 1.'crrnr� a;�r rr H-.F. Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.400080 _Staff Certification of Construction Documents. If development is provided for under the variance permit, prior to issuance of a building permit the director shall certify that final construction documents conform to 47 395 TITLE 9 ZONING preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. (Ord. 284 § 1 (Exh. A), 1996) 9.210.040 Minor adjustments. 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. Definition. See Chapter 9.280. 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)-; for an approved or proposed map; approved or proposed development permit review; single family home building permiter for demotions speGifiEal,l identified in this Gede. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Only one setha^UUP to three adjustments per lot shall be allowed. Example an adjustmeRt efthe ff and rear y-a.rd- Sh-All Ret 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 and 9.200.090.B. E. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. F. Precise Development Plan. Upon appFeval, a manor adjustment permi GenstEtutis o^ii se development plan Theref�_QAny 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 prior 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. 48 396 TITLE 9 ZONING H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.120. I. Expiration and Time Extensions. The n_making a„ city may imp rsatime limita iOn OR establishmeRt of miner adj strRe � n�rt t„ SeGtien a 200 080.The minor adjustment will expire at the same time as the primary building or planning permit. 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 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 9.210.050 Temporary use permits. A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability. A temporary use permit is required for temporary uses permitted under this code. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020. D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. DreGi� ceDevelopment Plan Upon approval a tomnnrary use permit r+n� i tee a preri�develepm nt plan Thy ro aAny use or 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. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the standards set forth for such temporary uses in the applicable section of this code have been satisfied. (Ord. 284 § 1 (Exh. A), 1996) 9.210.060 Home occupation permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods 49 397 TITLE 9 ZONING under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110. B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110. C. Decision -Making Authority. Home occupation permits shall be reviewed administratively by the director of building and safety pursuant to Section 9.60.110. D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the director of building and safety determines that the standards set forth in Section 9.60.110 for home occupations have been or will be satisfied. These standards consist of the following: G. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. H. Only residents of the dwelling unit may be engaged in the home occupation. I. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. J. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. K. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. L. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. M. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. N. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create 50 398 TITLE 9 ZONING greater vehicular or pedestrian traffic than normal for the district in which it is located. O. Medical, dental or similar occupations in which patients are seen in the home are prohibited. P. All conditions attached to the home occupation permit shall be fully complied with at all times. (Ord. 284 § 1 (Exh. A), 1996) Chapter 9.220 ZONE MAP CHANGES AND CODE AMENDMENTS 9.220.010 Zone map changes and prezoning. A. Purpose. A zone map change is a development revie ,legislative action by the city council to change the zone designation of a property or properties on the official zoning map. A prezoning is the zoning of property outside the city's boundaries in anticipation of annexation into the city. For purposes of this code, prezonings are included within the term "zone change." B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The city council by a majority vote; 3. The planning commission by a majority vote; or 4. The city manager or his/her designeep anning-di ee-ter. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. 2. Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation to the council. 3. If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the planning commission for report back to council. A public hearing shall not be required for such planning commission review. 51 399 TITLE 9 ZONING E. Required Findings. The following findings shall be made by the city council prior to approval of any zone maip change: 1. Consistency with General Plan. The zone map change is consistent with the goals, objectives and policies of the general plan. 2. Public Welfare. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The new zoning is compatible with the zoning on adjacent properties. 4. Property Suitability. The new zoning is suitable and appropriate for the subject property. 5. Change in Circumstances. Approval of the zone map change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) 9.220.020 Zoning cade text amendments. A. Purpose. A zoning eede-text amendment is a development review action by the city council to change the text and/or graphics within this zoning code. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by: 1. The city council; 2. The planning commission by a majority vote; or 3. The city manager or his/her designeer.'apAirin rliron ; -3-.4. An interested party. D. Review Procedures. Cede Text amendments shall be reviewed under the same procedures as zone mats changes as set forth in Section 9.220.010. E. Required Findings. The following findings shall be made by the city council prior to approval of any Eede-text amendment: 1. Consistency with General Plan. The code amendment is consistent with the goals, objectives and policies of the general plan. 2. Public Welfare. Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) 52 400 TITLE 9 ZONING Chapter 9.230 GENERAL PLAN AMENDMENTS 9.230.010 Application and referral. A. Purpose. A general plan amendment is a diSGretiORar,i legislative action by the city council to change the text of the general plan or any map or diagram of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65350 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The city council by a majority vote; 3. The planning commission by a majority vote; or 4. The -city manager or his/her designeeplaRRORg direGtO An interested party. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies as specified in Section 65352 of the State Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the State Government Code may be amended pursuant to City Council Resolution 2000-77. Each amendment may include more than one change to the general plan. —The limitation on frequency of amendments to the general plan set forth in subsection (E)(1) of this section does not apply to residential development projects with at least twenty-five percent of the dwelling units to be occupied by persons or families of low or moderate income. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) F. Review -• 1 . General Plan elements SpeGified as . r y On the State . - selutieR general plan. 2. The lornotatiOR OR frequenGy of arnendrneRtS to the geReral plan set forth development prejeGtS with at least twenty five perGent of the dwelling 1 • 53 401 TITLE 9 ZONING 1. General plan amendments shall be approved, approved with modifications or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council. 2. Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation with findings to the council. 3. If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the commission for report back to the council. A public hearing shall not be required for such commission review. G. Required Findings. The following findings shall be made by the city council prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The gGeneral pP-lan amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. 2. Public Welfare. Approval of the gGeneral pP-lan amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. General Plan Compatibility. In the case of amendments to the general plan policy diagram, the new designation is compatible with the designations on adjacent properties. 4. Property Suitability. In the case of amendments to the general plan policy diagram, the new designation is suitable and appropriate for the subject property. 5. Change in Circumstances. In the case of amendments to the general plan policy diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.240 SPECIFIC PLANS 9.240.010 Specific plan review. A. Purpose. A specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65450 et seq., of the State Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by: 1. The city council 54 402 TITLE 9 ZONING 2. The owner of the property or by the owners agent (with written notarized authorization from the owner); 3. The planning commission by a majority vote; or 4. Tie -The city manager or his/her designeeplanniRg direGtO D. Review Procedures. Specific plans shall be prepared, adopted and amended in the same manner as the general plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the city council prior to approval of any specific plan or specific plan amendment: 1. Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the general plan. 2. Public Welfare. Approval of the sSpecific pP-plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The specific plan is compatible with zoning on adjacent properties. F. Property Suitability. The specific plan is suitable and appropriate for the subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.250 OTHER ACTIONS .. --A _ _ . 9.2-60250.020 Environmental review. A. Definition. See Chapter 9.280. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the citys environmental review procedures to determine the proposals potential impacts. Examples of --- - - --- -- - - - -- - - - - - - - --- om SMASWAII 9.250.030 Development agreements. A. Purpose. A development agreement is a diSGretieRapq legislative action by the city council to provide certainty in the review and approval of development projects in order to make maximum efficient utilization of resources at the least economic cost to the public, strengthen the public 55 403 TITLE 9 ZONING C planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and provide for public facilities and infrastructure. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this section. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65864 et seq., of the State Government Code and that such provisions shall be so construed. Review Procedures. 1. Application Forms. The director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information: a. Duration of the agreement; b. The permitted uses of the property; c. The density or intensity of use of the property; d. The maximum height and size of proposed buildings; e. Provisions for reservation of dedication of land for public purposes; f. Fiscal impact statement to include revenue generated to the city and benefits received by the developer; g. Phasing and project completion date; h. Consistency with the general plan and any applicable specific plan. In addition to the above, the director may require an applicant for a development agreement to submit such other information and supporting data as the director deems necessary to process the application. 2. Fees. The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee may be waived in whole or in part by the city council for affordable housing that is in conformance with the general plan. 3. Who May Apply. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person. 4. Proposed Form of Agreement. Each application shall be accompanied by draft development agreement in form which is mutually agreed upon by the applicant and the city at a pre -proposal meeting. This requirement may be met by using the city's standard development agreement form and including specific proposals for changes in or additions to the language of the standard form. 5. Review and Filing of Application. The director shall endorse on the application the date it is received. The director shall review the 56 404 TITLE 9 ZONING application and determine if additional requirements are necessary to complete the agreement. The application may be rejected if it is not completed in the manner required by these rules. After receiving the required information, the director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the general plan or any applicable specific plan. Before processing the application the director shall obtain the opinion of the city attorney as to sufficiency of the applicant's interest in the real property to enter into agreement. 6. Notice of Intention. Upon completion of the staff report required by subsection C5 of this section, in addition to any other notice required by law, the director shall give notice of intention to consider adoption of a development agreement. The notice shall contain: a. The time and place of the public hearing; b. A general explanation of the development agreement, including a general description of the property proposed to be developed; c. Other information that the director considers necessary or desirable. 7. Manner of Giving Notice. All notices required by these rules shall be processed in the manner provided in Section 9.200.110 of this code. 8. Hearing and Recommendation of Planning Commission. The planning commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The planning commission shall make its recommendation to the city council in writing within thirty days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement: a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located; c. Is in conformity with the public necessity, public convenience, general welfare and good land use practices; d. Will be detrimental to the health, safety and general welfare; e. Will adversely affect the orderly development of property or the preservation of property values; f. Will have a positive fiscal impact on the city. 9. Hearing by City Council. After the recommendation of the planning commission or after the expiration of the time period specified in subsection C8 of this section, the director shall give notice of a public hearing before the city council in the manner provided for in subsections C6 and 7 of this section. 57 405 TITLE 9 ZONING 10. Decision by City Council. a. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall not be required to hold a public hearing on matters referred back to it by the city council. b. The development agreement may not be approved unless the city council finds that the development agreement is consistent with the general plan and any applicable specific plan. 11. Approval of Development Agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager. 12. Amendment and Cancellation. a. Either the city or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement. b. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. c. Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the planning commission without a noticed public hearing so long as the planning commission holds a properly noticed public hearing in connection with a proposed general plan amendment and/or zone change for such property. Upon consideration of the proposed amendment and written recommendation to the city council by the planning commission, the city council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement. d. Except as expressly set forth herein, each and every provision of this section concerning the procedures for processing and approval of development agreements remains in full force and effect. e. Except as provided for in subsection C14c of this section, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement. 58 406 TITLE 9 ZONING 13. Recordation. a. No later than ten days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement. b. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall cause notice of such action to be recorded with the county recorder. 14. Periodic Review. a. The city council shall review the development agreement at least every twelve months from the date the development agreement is entered into until expiration of the term of the agreement. b. The director shall give the applicant or successor in interest thereto at least thirty days' advance notice of the time at which the city council will review the development agreement. c. The city council may refer the matter to the planning commission for further proceedings or for a report and recommendation. d. The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. e. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement. 15. Modification or Termination. a. If, upon a finding under subsection C14e of this section, the city council determines to proceed with modification or termination of the development agreement, the city council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain the time and place of the hearing. b. At the time set for the hearing on the modification or termination, the city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The decision of the city council shall be final. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.60.015?? Planned Unit Development Standards J. Purpose. The purpose of the Planned Unit Development is to allow flexibility in the design of residential projects, and encourage the development of creative, high -quality residential projects that provide attractive living environments in a setting that is different from standard sinale familv home development. 59 407 TITLE 9 ZONING K. Permit Required. Planned Unit Developments (PUD) shall require approval of a Conditional Use Permit. Desian Guidelines Reauired. All PUDs shall be reauired to submit desian guidelines that include: 1. A site plan that shows building and unit footprints, common and private open space areas, parking areas, roadways/driveways/alleys, and access points. 2. Architectural plans that include elevations, floor plans, roof plans, lighting and landscaping plans. The graphic plans must be accompanied by text that describes minimum development standards, building materials, landscape palette and lighting details. 3. For projects proposing two or more story structures, a massing plan that depicts the relationship of the structures within the project to each other, and to development adjacent to the project. The massing plan shall be accompanied by text that describes how the project is compatible with surrounding development. 4. A common area plan that describes in text the area(s) to be devoted to common area, and the amenities to be provided, as well as a calculation of the percentage of common area provided in relation to the residential units. 5. A circulation plan that provides graphics and text describing the roadway/driveway/alleyway cross-section dimensions, parking areas, and entryway treatments. M. Development Standards. All PUDs shall be subject to the following development standards. 1. Density. The maximum density allowed in a PUD shall not exceed the gGeneral PP-lan and zZoninq designation on the property. 2. In order to encourage creative design, development standards in PUDs can be proposed by the applicant. The applicant must demonstrate in the project's dDesign gGuidelines that reduced setbacks are offset with project amenities. 3. Common Areas. A PUD must provide 30% of the net project area (not including cSity street dedications, interior streets or parking areas), as common area. Common area cannot include parking lot landscape areas, landscaped areas of less than 5 feet in width, or any open space area provided for the exclusive use a residential unit. Common areas can include passive and active areas. and must arovide amenities for the community as a whole. Amenities can include: 60 408 TITLE 9 ZONING I • Passive Dark, at least '/2 acre in size, and not includina retention basins • Swimming pool, with or without spa • Clubhouse/recreation room • Tot lot with play equipment • Picnic tables and barbeaue areas • Tennis court • Basketball court • Volleyball court • Bocce ball or horseshoe pitch • Softball, baseball or soccer field • Puttina areen. drivina ranae or similar aolf-oriented area • Par course • Off-street continuous trail or Daseo (allowina a looD throuah the ro'ect • Community garden • Davcare center or similar children's activitv buildi • Other facilities as determined appropriate by the Director A minimum number of amenities shall be provided based on the number of units within a Droiect. as shown below. 0-25 units 2 amenities 26-50 units 3 amenities 51-100 units 4 amenities 101 or more units 5 amenities 4. Parking: Parking shall be provided consistent with Chapter 9.150. As provided in that cGhapter, variations from parking requirements can be proposed in a PUD, with appropriate substantiation. 5. Signage. Signage shall be provided consistent with Chapter 9.160. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any Planned Unit Development: 8. Consistency with General Plan. The project is consistent with the general plan. 9. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 10. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 61 409 TITLE 9 ZONING 11.Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 12. Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the cif 13. Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifvina influence to enhance the visual continuitv of the Droiect. 62 410 ATTACHMENT 9 Title 13- Subdivision Regulations (La Quinta Municipal Code) Development Code Tune Up Draft Recommendations Analysis *Highlighted text relates to streamlining or significant change for discussion by Ad -Hoc Committee ' • •r 13.04.060 Decision authority Reduce layers of review for map Revise review table to limit PC and CC review of 0 No further direction given Review and on tentative maps applications mapping actions, except where maps filed with Approval (Pg. 2) other applications require those reviews. Authority Staff has added TPM review by Director as non- 0 Confirmed change PH 13.04.070 Add review type No procedures for TTM revisions or Add definitions to allow for Revised TTM and 0 No further direction given Definitions definitions (Pg. 4) substantial conformance Substantial Conformance processes 0 Added revisions to cite General Plan for defined street hierarchy Chapter 13.08 Subdivision Outdated Delete Chapter and reserve Chapter number 0 No further direction given Subdivision process flowchart Process (Pg.10) 13.12.050 Clarify Clean-up / update Consistency with application forms and current No further direction given Application requirements (pg procedures materials 11) 13.12.120 Requires cultural Unclear and redundant as Delete Section as application and General Plan 0 No further direction given Special studies and bio studies applications vary sets forth requirement to address studies (Pg 12) 13.12.120 Add process for Current ordinance does not allow Add Section on procedure for revised tentative 0 No further direction given (New) revised maps for revision to approved tentative maps Revised maps tentative maps 13.12.150 Establish validity N/A - Update and clarify Current state provisions allow initial 3 year 0 No further direction given Term of of tentative map approval term, while current code cites 2 year tentative (pg 13) term maps 13.12.160 Establishes time Ordinance not reflective of current Allow longer extension terms and flexibility in 0 No further direction given Extensions of extension process state allowances granting those terms. time for (pg 14) tentative maps 13.12.170 Establish Ordinance does not codify current Codifies the current process and clarifies it, No further direction given Substantial substantial use of a substantial conformance. allowing flexibility by granting discretion to conformance conformance Director in applying the process 9 M Z t0 with tentative process (pg 15) map 13.24.070 and Sets street design Section reflects prior General Plan Delete Table 13.24.070, and replace with Add reference to where 080 - Street standards (pg 17) geometries general reference to current General Plan. standard is in General design Update table in 13.24.080. Plan - added 13.24.090 References image Section reflects prior General Plan Update per current GP No further direction given Image corridors (pg 18) language corridors 13.24.130 References Section reflects prior General Plan Update per current GP No comment made - Landscaped landscape language acceptable change setbacks setback requirements (pg 19) 13.32.020.0 Limits Unclear at this time Proposes including Village Commercial and No comment made - Lot line adjustments Major Community Facility zoned property to acceptable change adjustments within a 6 month allowed exception for commercial districts period on residential zoning (pg 21) Page 2 — Development Code Tune Up — Title 13 Draft Recommendations- 4-5-2016 ATTACHMENT 10 Chapter 13.04 BASIC PROVISIONS 13.04.060 Review and approval authority. The authority for review and approval of subdivisions and related land actions is set forth in Table 13-1, as follows: Tentative man extensi City Sta Other rosnr)nsihle arvonnios Gity nnunnil Dlanninry rdiror10r2 - Planning nnmmissinn4 Final and narnol mans rite Other resnGnsihle ageRGies city ce innil 1 413 I I I I I a9WIl1:311W M usP►I R VIIJ W_11I;1P►tl Table 13-1 Review and Approval Authority PH = Decision -making body (public hearing required) R(PH) = Recommending review body (public hearing required) A = Administrative review by City Manager or his/her designee (no PH) CC = Decision-makin_g body (City Council as consent calendar item) Decision -Making Authority Type of Application Staff Planning City Commission Council Vesting Tentative maps R(PH) PH Tentative maps PH PH A* A 1 CC PH PH A A Revised Tentative maps Tentative Parcel maps Tentative map extensions Final and Parcel maps Waiver of Parcel map Reversion to Acreage Lot Line Adjustments Parcel Mergers 1 2 414 Amending Final maps I PH Substantial Conformance - Tentative maps I A** Environmental review Per citv environmental review procedures * By Gemmi mity Qevelepn4e it DireGtercSity anager or his/her designee. Map can be referred to DP-lannina Commission at d0irector's discretion. ** By Dublin Works DireGtO cSity mManaaer or his/her desianee 1 COMM Rity DevelopmeRt Q0reGterCQityn'ul+'r anager or his/her designee may only consider extensions if there are no proposed changes to the tentative map. +ramp. (Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995) 13.04.070 Definitions. As used in this title: "Revised ' entative map" means a revision to a valid aooroved tentative mao and/or its approval conditions, wherein the design and/or improvements of the tentative map are modified from that of said approved tentative map, but with no substantial change in concept from the approved tentative map, as determined by the Sen+y Development Director ity , ,.':anager or his/her designee. "Right-of-way" means the entire width of property used for highways, flood and drainage works, overhead and underground utilities, or any related improvements. "Shall" means that which is obligatory, necessary or mandatory. "Slope" means land gradient described as the vertical rise divided by the horizontal run, and expressed in percent. 3 415 IIIIIa91&111:111W&Ius] ZIRVII1W_1111P►F1 "Specific plan" means a plan adopted by the city council that is based upon the c+Y-2ity of La Quinta general nlar General Plan and is consistent with Section 65450 et seq. of the Government Code. "Storm runoff' means surplus surface water generated by rainfall that does not seep into the earth but flows overland to lower elevations. Street, Collector. "Collector street" means a two-lane street improvement within a s+Xt four to seventy four fee+ right-of-way with a variable width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. Collector streets are designed for both mobility and access to adjacent property and often provide on -street parking. Collector streets generally serve shorter trips within neighborhoods and access to higher -level streets. Designation of collector streets in the City of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time.` Vestward He Drove is an example of Gellenter street within the City of La QUinto Street Improvements, Full -Width. "Full -width street improvements" means pavement, curbs, gutters, sidewalks, medians, traffic -control devices, pavement markings, and other improvements required by Chapter 13.24, the' a Quinta general plar12O35 General Plan circulation element (as may be amended from time to time) and the city engineer. Street, Local. "Local street" means a two-lane street within a sixty foot right-of-way with a variable width of thirty-six to forty feet between curb faces. All rerna+ndRg other roadways which do not fit within the arterial or collector classifications are local streets. The local street system is designed for access to abutting properties and the movement of traffic is of secondary importance. Street, Major Arterial. "Major arterial street" means a six -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element ninety_sox feet in width between n„rh faces with �n eighteen feet wideaR element, as may be amended from time to time, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. Major arterial streets are designed to provide a high level of mobility for very large traffic volumes and generally serve trips of several miles or more, including pass - through traffic. Major arterial streets link major activity centers within the community and provide direct connections to the regional roadway system . Washing+nn Street leffersen Street and Fred Waring Drove are examples esignation of major arterial streets in the G*City of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element -is may be amended from time to time. Highway 111 is alse classified as a major arterial, but has a ene h„Rdred se„ent„_tWe feet W i variable right- 4 416 IIIIIa91KI1:311W&Ius] ZIRVIIJW_1111P►F1 of -way and v-af3ffiRg improvement widths as established by the Galifernia Department of Transpertatienset forth in the 2035 General Plan circulation element, as may be -imended from time to time. Street, Primary Arterial. "Primary arterial street" means a four -lane street improvement within a ORe hURdred te ORe hURdred ten f right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element (as may be amended from time to time), seventy-six to eighty-six feet in width between curb faces, g-and includes a raised center median twelve to eighteen foot in width to separate opposing traffic flows and restrict access to adjacent properties. The primary arterial is designed to provide mobility for high traffic volumes, to provide continuity through the city, and generally serve trip lengths of one or more miles. Desirvnatien et nr as rrteria�ee is in the G fy „f La Q ,inter areDesignation of primary arterial streets in the City of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element (as may be amended f rom time to time). Miles AveRue, A„ we 50 and Eisenhewer I,ri"e are evamnles of primary arterial streets in the remit" of I a Quinta-. Street, Private. "Private street" means a privately maintained street within a private development or a planned residential development. Street, Secondary Arterial. "Secondary arterial street" means a four -lane street improvement within _a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to tlme.sixt.,_four feet wide between G irh fares. The secondary arterial is designed for mobility, to provide continuity through the community, and generally serves trips of a mile or more. Secondary arterial streets generally border neighborhoods and offer access as a secondary consideration. Desirfflatien of seGORdary arterial streets in the COW of La QUinfa areDesignation of secondary arterial streets in the City of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. Adarns Street, n„ne Palms anriAvenida Bermudas 0i ef Av8RUG 52 are examples of secondary arterial streets In the city of La Qui "Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units. Property shall be considered as contiguous, even if it is separated by roads, streets, utility easements or railroad rights -of -way. This definition also refers to a condominium project, a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d) and (m) of Section 1351 of the Civil Code. "Subdivision Map Act" means Sections 66410 et se to 66499 58 inGlusive of the Government Code of the state of California as may be revised from time to time. 5 417 IIIIIa91KI1:311W MusP►IRVIIJW_1111P►F1 "Substantial Conformance" means minor meriifi atk) /c) conformance tAwith a valid and approved tentative map with minor modifications to the map„ which include+nvolve changes to map characteristics such as lot lines, shapes, dimensions,-,4e-ei and size; changes to street widths or grades, grading criteria, pad elevations, and other similar GharaGteris4c- minor changes to map characteristics that do not change the basic design and improvements required of the approved tentative map and the conditions thereof. "Tentative map" and "tentative parcel map" mean a map designed to illustrate the concept of a proposed subdivision and how it interfaces with existing conditions and surrounding uses. Tentative maps need not be based upon an accurate or detailed field survey of the property. Chapter SUBDIVISION PROCESS 13.08.010 Diagram. The La Q lima s bdiViciOR preness shall he as feller 0 418 TITLE 13 SUBDIVISION REGULATIONS sk— " �ee`r rLj errr` aYur cam. Fs7ir r �r ta�G .. s..... Aw• ax ram. srr.. q� P"— n�. rr r Ir.i ti y� ya or..rr. nv.. s.wrc w +w+•w* � w sr+r+ h CA, et—i Yr �Sfa� � ■r• W 1rri ka w} wknWe WM i41 M3 • Cr�[t \ura� Gi�M IP �r (Ord. 272 § 1, 1 991 ) Chapter 13.12 TENTATIVE SUBDIVISION MAPS 13.12.040 Filing of tentative maps. Tentative maps shall be filed with the dBesi n & dDevelopment dDepartment. The city may by resolution establish a filing fee schedule for the processing of final maps. (Ord. 272 § 1, 1995) 7 419 13.12.050 Application materials. The following application materials shall be submitted with each proposed subdivision: The city tentative subdivision map application form; A. 9— B. A public notification package must be submitted to the G^mm„nity Deyelenmen+ Departmen+ pPlanninq dDivision and shall include a scaled map or A&sesso Map -county assessor's map showing all properties within a minimum 500-foot radius of subject property, a typed list of all property owners and their mailing address within a 500-foot radius, and all residents/tenants of said properties, and a typed list of the residents that reside contiguous to the subject property. The package shall include 3 sets of typed, self-adhesive, address labels for the above property owners and residents, as well as application contact persons. The list and map must be prepared with a wet signed or notarized certification by a title company, the Riverside County Assessor, or a licensed architect, engineer, or surveyor. A five hURdred feet radius map exhibit, drawR. W SGale, WhiGh displays these properties five hURdred feetthe di"iciOR he, Rdaries and whinh updated GOURty equalized tax , C. A completed copy of the city environmental information form and environmental filing fee, if the tentative map is determined to be subject to CEQA. D. Twen+ five he requisite number of copies of the tentative map (as stated in the application requirements form), folded annerdien s+"leappropriately to a size not exceeding eight and one-half inches by eleven inches, with two reduced reproducible originals not exceeding eight and one-half inches by eleven inches in size; E. A preliminary title report prepared and dated no more than ninety days prior to submission of the application; F. A drainage report describing the on- and off -site drainage characteristics, the amount of stormwater falling within the development and the proposed method of retaining that stormwater, and the amount and nature of historic inflow from other properties and the proposed method of retaining or passing through the inflow; 420 IIIIIa91KI]:311W&Ius] PI VII7W_1111P►F1 G. The following additional documentation and special studies may be required: Historical, paleontological and/or archaeological study 4-.—, 2. 2. Biological study 4-.—, 3. Geologic and/or soils study, 3. 4. Traffic study 4. Geologic and/or soils study, Water Quality Management Plan (WQMP). This list is not all inclusive, and any other special studies required will be determined by city staff on a case -by -case basis. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.100 Public notice procedure. A. Public Notice. Public hearings shall be held on a4l-tentative maps as set forth in Table 13-1. Notice of such hearings shall be published at least one time not less than ten days before the date of the public hearing (twenty days if the tentative map is not exempt from CEQA action). The notice shall include the following information: 1. The time and place of the public hearing; 2. The hearing body or officer; 3. A general explanation of the matter to be considered; 4. A general description of the property in text or diagrammatic form; 5. Map preparer/subdivider representative. 13.12.120 Revised tentative m A revised tentative map may be filed for an approved tentative map, where the design and/or improvements of the tentative map are modified from that of said approved tentative map—,-b�ut, but with no substantial change in concept from the approved tentative map. 9 421 A. The rOr„r,-,U ROt„ Deyelnr)mont D2FeGtE)rCCity mManager or his/her designee shall determine whether the proposed revisions to the tentative map substantially conform to the original concept of the approved tentative map. B. A revised tentative map shall comply with the provisions of the Subdivision Map Act and all applicable provisions of the La Quinta Municipal Code in effect at the time of approval of the revised tentative map_ C. A revised tentative map shall be processed in the same manner as an initial tentative map proposal, with the exception of any procedures determined to be inapplicable. D. The approval or conditional approval of a revised tentative map shall terminate approval of the original tentative map. However, the revised tentative map approval or conditional approval shall not extend the original time period within which the final maD may be filed. 13.12.140 Appeals. e ' e • .�� �•.�:..:.::.:,:.�� ..one.__ . :: - - e • - decision of the city manager or his/her designee, or a decision of the planning commission. by usina the followina Drocedures: W.TM:�:TxM■r-TWOMMUMRRIM_T:Wt: r u r •- r r • • r ■ • ■ • ■ • r r • .Zv- WIN M . -IMMIUM - - - - . . •��•i...:...Qi r - -mill. 11 ��.�:.a.u:.��Q.R...Q r • ■ 1 ME M-1 MWH - r I III - NJ r RON 1 1 r r- ■ r• ■- 1 641 r r- • r - r r r r • r ■ - ■ . - r r 10 E1y0a reneint of the anneal and shall give written netine of the hearing to the subdivider, PFOPeFty e RGtiGed at the first publiGhearing (Ord 356 § 1, 2000; Ord 295 § 1, 9 7; Ord. 27 §1, 19W 1. Appeal of Approval Authority Decision. Within fifteen calendar days after the date of any decision by the city manager or his/her designee, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The "date of decision" shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating the decision. The appeal shall state the item to be appealed and the reason for the request. The city manager or his/her designee shall set the matter for hearing before the planning commission within forty-five days after the date of filing the appeal. Written notice of the hearing shall be provided by mail to the subdivider, the property owner and those property owners or individuals oriainally noticed at the time of the first public hearina. 2. Appeal of the Plannina Commission Decision. Within fifteen calendar days after the date of the decision by the planning commission, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The city manager or his/her designee shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than forty-five days from the date of receipt of the appeal and shall give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. B. Call -Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the city manager or his/her designee or a decision of the planning commission regarding the action taken on a subdivision. A request for call-up review shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or his/her designee within fifteen calendar days of the date on which the decision of the city manager or his/her designee or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or his/her designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or his/her designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subiect to call-uo review unless a maioritv of the 11 423 membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to Gall- up review not later than forty-five days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a decision by the city manager or his/her designee, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section. For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. C. Concurrent Appeals. An appeal of a decision, including call-up review, pursuant to this section may be processed concurrently with any appeal of a decision brought pursuant to Section 9.200.120, as may be amended from time to time. In the event of an inconsistency between the appeal process under this section and the appeal process in Section 9.200.120, the process in Section 9.200.120 shall apply to the processing of an appeal for an action taken on a subdivision. 9-.D. 13.12.150 Term of tentative maps. Pursuant to , Section 66452.6(a)(1) of the California Government Code, tThe approval or conditional approval of a tentative map by the City mil -Council shall expire twenty-fE)urthirty-six months after such approval. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.160 Extensions of time for tentative maps. The expiration of an approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the city council without first processing a new tentative map. The initial twethree-year term of tentative maps may be extended as follows: A. Nothing in this chapter shall preclude or otherwise disallow any automatic time extension which may be granted by the state of California, for any approved tentative map meeting the criteria for such an extension. Any automatic extension shall run from the expiration date of the qualifying map, and shall be in addition to any remaining extensions available under this chapter. 12 424 TITLE 13 SUBDIVISION REGULATIONS B. Request by the Subdivider. Before the expiration of the tentative map, the subdivider may apply for can e-year extension of time. Requests Applications for extensions of time shall be filed with the planning dBesign and& dGevelopment dBepartment on either an apprey _1 form or by letter. All requests for extensions of time shall include: 1. A completed application forme lefte ; 2. An identification of the length of time requested and reasonis) for the request; 3. The current processing fee as charged by the city for tentative map time extensions; 4 T,e,enty fi„eThe requisite number of copies of the tentative map as required by the application. The tentative map shall be as approved by the Gityt�F GE)UReilGeup,e4approval authority. Additional copies may be requested subsequent to the application submittal. Extensions of time may be granted by the diFeEte cGity mManager or his/her desi.-.nee rlirentor ifdesignee if there are no changes to the approved tentative map. The cGity rn nager or his/her designeed+reEter may waive some or all submittal material as noted in subsections (B)(1) through (4) of this section. Extensions of time that include modifinations changes to the approved tentative map are- subject to the public notification procedure provided for in Section 13.12.090 and will be considered at a public hearing, to be held by the designated approval authority as set forth in Section 13.04.060. A time extension granted by the Gear Development Diro„t„rcSity mManager or his/her designee may not exceed two years. The approval authority may apprey-e-agrant a maximum of six one-year time extensions. The extension may be aranted for anv period of time. from one vear up to the maximum of six nears. maxims rn of three one year time extensions and Theyears. The approval authority shall impose additional conditions of approval if such conditions are intended to maintain the public health, safety and welfare and/or to comply with current city, state or federal requirements. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the c-#yapproval authoritymay impose other conditions or amendments to the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. C. Filing of Final Maps/Off-site Improvements. If a subdivider is required to expend the amount specified in Section 66453.6 of the Government Code to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 of the Government Code shall 13 425 extend the expiration of the approved tentative map by thirty-six months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its approval. D. Development Agreements, Moratoriums, Lawsuits, Etc. Additional factors affecting the term of approved tentative maps, and information for the proper construction of the provisions of subsections A through C of this section shall be as specified in Section 66452.6 of the Government Code. (Ord. 394 § 2, 2003; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.170 Substantial conformance with tentative The process and criteria for substantial conformance determinations with an approved tentative map are at the discretion of the cGity mManager or his/her designeeP-ub4G Works niron+nr, based on the definition set forth in Chapter 1 3 n4 Section 13.04.070. Requests for substantial conformance determinations shall be filed with the P--ublic Works­ir�esign and& dDevelopment dDepartment, in the format and with the information as may be required by the R bIi^ VVerks nireGteFcSity mManager or his/her designee in order to adequately review and decide on the request. As part of the review the P bliG Works flireGtorcGity mManager or his/her designee shall transmit a copy of the request to the QeMMURity Development Departn4e- t,, Planning ;ivision for comment, as to zoning cornnformance with the approved tentative map. Chapter 13.20 FINAL MAPS AND PARCEL MAPS 13.20.010 Purpose. This chapter establishes requirements for the preparation and processing of final maps, parcel maps and waivers of parcel maps. (Ord. 272 § 1, 1995) 13.20.020 Applicability. A final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except as specified herein below. A parcel map shall be required for all subdivisions creating four or less parcels, four or less condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four or less parcels, or for the conversion of a dwelling to a stock cooperative containing four or less dwelling units, iRGIudiRg exception of land and parcels with the following characteristics: 14 426 IIIIIa91111411111.111W&Ius] PI U111W_11111,►F1 A. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or B. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or C. Each parcel created by the division has a gross area of twenty or more acres and has an approved access to a maintained public street or highway; or D. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter or a quarter section. (Ord. 272 § 1, 1995) 13.20.130 Appeals. Appeals of the adviser„ ageRG„ or planning nnmm. . i deGicinnc concerning final maps, amending final maps, parcel maps and waivers of parcel maps shall be processed as provided in Section 13.12.140, Appeals. (Ord. 356 § 1, 2000; Ord. 272 § 1, 1995) Chapter 13.24 IMPROVEMENTS 13.24.070 Street design —Generally. The design of street improvements shall conform with the following: A. Full -width street improvements shall be required for all internal subdivision streets and alleys. B. Subdivisions bordering a public street shall provide half -width right-of-way improvements, plus one additional travel lane on the opposite side of the centerline if it does not already exist. C. The street system in a proposed subdivision shall relate to and be compatible with existing or proposed streets in adjacent subdivisions and/or specific plans and shall, where applicable, provide for future development of adjoining property. D. Street connections shall be at ninety -degree angles unless approved by the city engineer. 15 427 IIIIIa91KI]:311W&Ius] PI VII7W_1111P►F1 E. Alleys shall be at least twenty feet in width. Dead-end alleys shall provide adequate area for a turnaround. F. Cul-de-sacs shall not exceed a distance of one thousand three hundred twenty feet in length (measured from the centerline of the intersection to the center of the cul-de-sac) unless provided with improved emergency access/outlet routes no more than one thousand three hundred twenty feet from the end of the cul-de- sac. G. Minimum street grades shall be 0.5 percent longitudinally, 2.0 percent laterally. H. Additional rights -of -way or easements shall be provided, where necessary, to accommodate roadway slopes, drainage structures, bicycle or equestrian paths and trails, and other facilities related to subdivision development. I. The size and configuration of streets shall comply with the following tableCirculation Element of the 2035 La Quinta General Plan, Exhibits II-2 and II- 3, as may be amended from time to time. .,. r Type t Right -of -Way Width Alumber rra-rrrvcT of Tel Lanes Deist nc;e vi�r�CliTc� Between Curbs r� Median Sze nn um InterseGtior SpaEing arterial C? 111 120' be 6 lanes W 4-W 2,600 (C shall 172' by or as required Gaffrl� Primary1 arterial 00 1 1 n 4 Imes 76' 86 12 16' 1,200 __ SeGeRdary arterial 2 lanes 6 ! N/A 600' CelleGtG 64' — 74' 2 lanes ^ n�0' 50 NA 3W LeGal street 69 2 la R es 360' NA 2W 6$ 2 lanes 32' 36 NA NA Galles - -4 - , Cadiz & J. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet. The minimum curb radius shall be forty-five feet for private streets and thirty-eight feet for public streets. (Ord. 490 § 1, 2011; Ord. 275 § 1, 1997; Ord. 272 § 1, 1995) 16 428 13.24.080 Street design —Private streets. Private streets, permitted only when there is adequate provision for their construction and maintenance, shall be in conformance with the standards listed in Table 13.24.070 except as follows: Width Permitted Use 28 feet No on -street parking 32 feet Develepm Parking on only one side of street 36 feet Deye'GpMeR+ Parking on both sides of the street 40 feet IEntry and primary circulation streets (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 1 13.24.090 Image corridors and gateway in+nrcon+inns The circulation element of the 2035 La Quinta geReral General Tan -Plan establishes image corridors and „ in+Wrenn+inns which warrant special improvements. Improvements constructed along image corridors and at gateway shall comply with the improvement standards identified in the general2035 General planPlan, as may De amenaea from time to time. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.130 Landscape setbacks. Landscape setbacks are required along public street rights -of -way. Buildings, walls, parking lots, and other improvements associated with the subdivision shall not be constructed within setbacks except as allowed herein. Retention basins, public sidewalks and equestrian trails may be located in setbacks if approved by the city as compatible with the landscape and design theme desired within the setbacks. Landscape setbacks for residential subdivisions shall be created on the final map as lettered lots. If the subdivision streets are to be ungated and publicly maintained, landscape setback lots shall be dedicated to the city. If the subdivision streets are to be gated and privately maintained, landscape setback lots shall be dedicated to the homeowners' or landowners' association. Landscape setback widths, as measured perpendicular to the ultimate right -of way line, shall generally be as follows: 17 429 TITLE 13 SUBDIVISION REGULATIONS Street Setback Highway 111 50 feet Other major arterial streets 20 feet Primary arterial streets 20 feet Secondary arterial streets 10 feet Collector streets 10 feet .. 13.24.140 Landscaping plans. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be submitted for review and approval of the cGity mManager or his/her designee and the cGGity €mgineere€ngineer. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.150 Special improvements. Bicycle lanes shall be designed and improved consistent with the bikeway corridor policy diagram contained within the La Quinta general plan, er of adepted-,and the comprehensive trails system master plan. Hiking and equestrian trails shall be designed and improved consistent with the park recreation policy diagram of the La Quinta general plan, or if adopted, the comprehensive trails system master plan. The trails shall be deeded to the city either in fee or as easements as determined by thecGity eeg+neee€ngineer. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.160 Maintenance. Subdividers shall make provisions for maintenance of improvements until final acceptance, by the city council, of all improvements required as conditions of approval. For privately maintained street and drainage improvements, the entity responsible for maintenance shall comply with all applicable provisions of the 4-most current stormwater discharge permit (SDP) issued for the Colorado River Basin under the National Pollutant Discharge Elimination System (NPDES), including the city's stormwater pollution prevention plan (SWPPP) and the drainage area master plan (DAMP). (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) m 430 IIIIIa9111141111.111 W &I us] ZIRVII1W_1111P►F1 13.24.170 Clean air/clean water. The subdivider shall comply with applicable provisions of the NPDES. In the absence of an NPDES permit specific to the subdivision, the subdivider shall comply with the SWPPP and DAMP as approved for the G4y- ity under the city's SDP. Graded land shall be protected from wind and water erosion through the use of various materials and methods such as, but not limited to, active irrigation, establishment of vegetative root structure to anchor soil, or surface barriers such as straw, wood chips or anchored plastic sheeting. Prior to grading operations, the subdivider shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.4-0-16 of this code. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) Chapter 13.32 LOT LINE ADJUSTMENTS 13.32.010 Purpose. This chapter establishes procedures for adjusting the boundary lines between two or more existing parcels. (Ord. 272 § 1, 1995) 13.32.020 Applicability. Lot line adjustment may be utilized to reconfigure the size or shape of one lot provided that: A. All property line segments adjusted are boundary lines of the subject lot (though the extensions of the adjusted segments may affect several lots); B. The lot line adjustment does not alter the number of lots; and C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of six months immediately preceding the date of the current application, unless the property is zoned neighberhee-d- GOMmerGialCommercial, GeMMURity CommunitV-GernmerGoalCommercial, reg+eRaf Regional GOMmerGialCommercial, eff+Ee Office COMMeFGiai „r business Commercial, Commerci& Park, Village Commercial or Maior Community Facilities in which case there shall be no time restriction between lot line adjustments. (Ord. 444 § 1, 2007; Ord. 326 § 3, 1998; Ord. 272 § 1, 1995) 19 431 432 DEPARTMENT REPORT ITEM NO. City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Tustin K. Larson, Community Resources Manager Martha Mendez, Public Safety Manager DATE: April 5, 2016 SUBJECT: 2016 Goldenvoice Concerts at Empire Polo Club in Indio Preparation for the 2016 Coachella and Stagecoach music festivals is well underway. Similar to previous years, Coachella will be held over two separate weekends (April 15 - 17 and April 22 - 24), while Stagecoach will be a single weekend (April 29 - May 1). Hours of operation have not changed. Coachella will start at 11 a.m. and conclude at 1:00 a.m. the first two evenings and 12:00 a.m. the final evening. Stagecoach will open gates at noon and end at 12:00 a.m. the first two evenings, and 11:00 p.m. the final evening. Campground entertainment curfew is 1:30 a.m. Goldenvoice and representatives from the Cities of Indio and La Quinta have jointly attended meetings with homeowner association (HOA) representatives from several neighboring HOA's over the past several weeks. These meetings have focused on identifying and addressing concerns with noise, traffic, access, security and pedestrian traffic. Comments provided by HOA representatives have generally been positive and supportive of the efforts Goldenvoice and the two cities have made to address and mitigate most of the concerns previously voiced. Multiple operations meetings conducted over the past few months have focused on several items, including taxi, Uber and shuttle service improvements; pedestrian access and circulation; trash cleanup; and review of the Media Plan (Plan). The Plan is scheduled to go into effect the first week of April and will intensify leading up to and during the three weekends. The Plan will utilize local TV stations, The Desert Sun, local radio stations, as well as other local resources (Chamber of Commerce, Community Resources e-newsletter, Nextdoor La Quinta, Facebook, Tourism website, etc.). Media blasts will focus upon ingress/egress routes and times, alternate routes, road closures, taxi, Uber, and parent drop-off and pick-up locations, as well as the concert hotline. 433 A notable modification to the shuttle bus route will be implemented this year. Most shuttle buses leaving the concert after midnight will now use Jefferson Street to access Highway 111 instead of Washington Street. This should alleviate some of the late -night noise along Avenue 48. The only exceptions are shuttle buses servicing La Quinta Resort, which will still use Avenue 48 to Washington Street. Representatives from Goldenvoice (Darren Carroll), the City of Indio (Jim Curtis) and the City of La Quinta (Tustin K. Larson), will be attending regular operations meetings during the festivals. Code Compliance staff will be in the field during the festival monitoring noise levels and addressing festival related code violations. La Quinta Police presence will be similar to last year's during all three music festivals, and all will be available to respond to and assist with resident concerns and issues relevant to the music festivals. For questions during the concerts, please contact me at (760) 501-8801 or Code Compliance staff at (760) 777-7145. We will be available during each of the three concert weekends. 434 City of La Quinta DEPARTMENT REPORT ITEM NO. 5 CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer DATE: April 5, 2016 SUBJECT: FAIRWAYS VILLAS' PARKWAY LANDSCAPING The Fairways Villas development is located on the southwest corner of Washington Street and Eisenhower Drive. The Fairways Villas Homeowners Association (HOA) contacted the City regarding the adjacent parkway between the street curb and the HOA's boundary wall. The area in question was originally dedicated to the County in 1969 as a public right-of-way easement for Eisenhower Drive; however, no ownership was conveyed to either the County or the City when the easement was transferred upon incorporation. In November 2014, the HOA was issued an encroachment permit (Attachment 1) to trim the oleander bushes, which screened the development's wall from Eisenhower Drive. The bushes were removed entirely as they were found to be diseased and no replacement landscaping was installed. In October 2015, prompted by a citizen complaint, the City's Code Enforcement Division issued a Notice of Violation to the HOA requiring replacement landscaping and irrigation be installed, per La Quinta Municipal Code 9.60.030 (Attachment 2). The HOA claims they are not responsible for landscape and maintenance of the parkway, and such requirement would create a financial hardship on its members (Attachment 3). The City has not maintained this area in the past; further, the area is not identified on the Landscape and Lighting District (L&L District) map as a City maintained area. The preliminary cost estimate for the improvements is approximately $40,000, using one of the City's drought tolerant landscape palettes. City staff (Staff) met with the property management staff and HOA members to identify an amicable solution for both the HOA and the City. One option is to add this project to next year's general fund Capital Improvement Program sponsored projects and absorb the maintenance cost into the existing L&L District. However, Staff recommends a more sustainable long-term solution by creating a new assessment district to cover City incurred costs for improvements and maintenance. Staff will discuss this option with the HOA and report back next month on the outcome. Attachments: 1. Encroachment Permit 2. Notice of Violation 3. Fairway Villas HOA Letter dated 3/17/16 435 i See belo7 for Finance Revenue Codes J 0 D A NT1 ENCROACHMENT PERMIT lI PUBLIC WORKS CONSTRUCTION �} Cl d'7 �4. For the construction of public or private curbs driveways, pavements, sidewalks parking lots sewers water rna -"11 e is p p Y,p ,p g , works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. yrcp��r Rl�,yr DATE: 11 12 2014 LOCATION OF CONSTRUCTION (Street address or Description): EISENHOWER IN FRONT OF FAIRWAY VILLAS PURPOSE OF CONSTRUCTION: TRIM TREES FOR FAIRWAY VILLAS DESCRIPTION OF CONSTRUCTION: TRAFFIC CONTROL FOR TREE TRIMMING FOR FAIRWAY VILLAS DIMENSION OF INSTALLATION OR REMOVAL: APPROXIMATE TIME WHEN WORK WILL BEGIN:11/14/2014 TIME OF COMPLETION: 11/18/2014 ESTIMATED CONSTRUCTION COST: (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing permanent resurfacing and/or replacing improvements) COMMENTS: In consideration of the granting of this permit, the applicant hereby agrees to: Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started at (760) 777-7097. To submit an inspection request, leave a message on the Inspection Request Hotline at (760) 777-7097 prior to 1:30 P.M. at least twenty-four (24) hours prior to the anticipated inspection. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of and to pay for any additional replacement necessary as the result of this work. Signature of Applicant or Agent ARBOR STONE - BRYAN STONE Name of Applicant (please print) ARBOR STONE 76506 FABER CIRCLE PALM DESERT, CA 92211 Business Address 76506 FABER CIRCLE PALM DESERT, CA 92211 Name of Contractor and Job Foreman Business Address 982604 Contractor's License No. COLONY INSURANCE COMPANY Applicant's Insurance Company Finance Revenue Code PERMIT INSPECTION TRAFFIC CONTROL ONLY - 2-5 DAYS $580.00 TOTAL: $580.00 IN PROCESS City Business License No. GL4124050 Policy Number PERMIT NO: TC2014-1035 DATE ISSUED: EXPIRATION DATE: BY: , WORK IN ECTED BY*: PERMIT COMPLETION DATE*: (760)895-9171 Telephone No. (760)772-1451 Telephone No. *If the work is covered by a Subdivision Improvement Agreement, Subdivider shall request final acceptance of improvements from the City Council. 437 ltiRe°cf. PUBLIC WORKS DEPARTMENT APPLICATION FOR PERMIT Date: Tract No: Project Name: Vicinity:tc+_Q itE- Purpose of Construction (i.e.: Rough Grading, Offsite Street, etc.) I P Description of Construction i. : See Plan Set No. 01234) �C%�1.,'k"�'� D�ension�ofInstallation or Removal: Approximate Construction Start Date: _t(_ .1 I +_I Approximate Construction Completion Dat : Estimated Construction Cost: $ Estimated Construction Cost shall include the removal of all obstructions, materials, and debris, back -filling, compaction and placing permanent resurfacing and or replacing improvements Contact Name: F Name of Applicant/Owner: i Applicant Address: r7 (C Applicant Telephone Number: Applicant E-mail Address: INC' - Phone Number: %VC- ��15- 4I I Name of Contractor: Contractor Address: Contractor Telephone Number: Contractor State License Number: Ce Contractor City Business License Number: Contractor E-mail Address: ►A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED Applicant or Contractor General Liability Insurance Company: Applicant or Contractor General Liability Insurance Policy Number: Office Use Only: Inspection Fee: Permit Fee: As -Built Deposit: Dust Control Deposit: Credit Amount: TOTAL FEE DUE: r'f' l Yi � Office Use Only: Assigned Permit Number. ) /l �7 O I ,� ` F- (o �_S Approval Date: (_ Expiration Date: Issue Date: Administrative Authority — Orals Applications/Application 438 City of La Quinta The following General and Special Provisions are attached to and made a part of Permit Number TC2014-1035 The following shall always apply: ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's right of way ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission from abutting property owners. Such authorization must be secured by the permittee prior to starting work. TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved surface unless fitted with smoother -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving during excavations. Rubber -tired equipment only shall be used in backfill operation in paved areas. If.the existing pavement is scarred, spalled, or broken during the term of this contract or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced over their entire width. Resurfacing shall consist of one coat of two inches (2") of A.C. surfacing plus appropriate seal coat as specified above. PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City Engineer or City of La Quinta Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the project. The City shall be notified twenty-four hours (24) in advance of any traffic detours or delineation. CARE OF DRAINAGE STRUCTURES: Any drainage structure to include corrugated metal pipe, concrete pipe, steel culvert and concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work. Drainage structures and open drains shall be kept free of debris at all times for proper drainage. RIGHT-OF-WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction. Existing gutter line and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed prior to paving. Water tanker shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill. DE -WATER OPERTATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary. CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for the adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he must close a street for any length of time, permittee shall contact this office to obtain the necessary permission. SPECIAL PROVISIONS The following shall apply when indicated: ® R1 NOTIFICATION: Permittee shall notify the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting construction. ® R2 UTILITY CLEARANCE: (Substructures) Prior to making any excavations within the City of La Quinta right-of-way authorized by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures. Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the permittee. ® R3 UTILITY CLEARANCE (Surface Structures) No work shall be done under this permit until all utilities are clear of the proposed work site. The permittee shall notify all concerned utility companies of the proposed work. ❑ R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced with ( ** N/A ** ) inches of A.C. paving placed on ( ** N/A ** ) inches of ( ** N/A ** ) aggregate sub -base course having an "R" value of not less than ( ** N/A **) and in conformance with the City of La Quinta Road Improvement Standards and Specifications, Ordinance #461. ® R5 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of one-fourth inch (%") to one foot (1'). ❑ R6 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile and/or grades as established by a licensed engineer. ❑ R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (** N/A **) feet shall be removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207. ❑ R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property line and the existing road paving shall be two and a half inches (2 %") of A.C. paving on (** N/A **) of class (** N/A ** ) aggregate base. ® R9 SIGHT CLEARANCE: Sight Clearance of six -hundred feet (600') in all directions shall be assured and maintained at all times. ❑ R10 SOIL STERILIZER: The area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the manufacturer's specifications. 439 Citv of La Quinta ® R11 COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quinta forces to preclude delay or interference with State or City of La Quinta projects. ❑ R12 SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the centerline of all streets or property lines when included shall be completely tied out so they may be readily and correctly, replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties to these monuments shall be furnished to the City Engineer prior to the removal of any monuments. This office shall be notified upon completion or replacement of all survey monuments for proper clearance. ❑ R13 PAVEMENT CUTTING: Pavement will be mechanically saw cut to a straight edge prior to excavation. Method of pavement cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment be used to excavate prior to cutting or pavement.) Excavation material shall be placed in such a position as to best facilitate the general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be corrected. ❑ R14 LIMIT OF EXCAVATIONS: Excavations shall be limited to one -thousand feet (1000') of open trench before backfill operations must begin. All excavations shall be properly barricaded with lights overnight, on weekends and holidays for the protection of the traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction material is actually on the work site. ❑ R15 BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes of producing and adequately consolidated backfill. Ant material which the City of La Quinta deems unsuitable (spongy or saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or replaced by an approved sand or gravel. ❑ R16 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed on lifts not greater than three feet (3') and vibrated using vibrostamper or equivalent equipment. Alternate methods may be substituted, but in any case, a relative compaction of ninety-five percent (95%) shall be maintained with the structural section of the roadway. ❑ R17 BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than fifty percent (50%) of the total depth of the trench before flooding or a maximum of five feet (6) lifts where trenches are of excessive depths. Care is to be exercised that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the resulting compaction shall not be less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuos. ❑ R18 COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one - thousand (1000') feet and a maximum of one (1) test on each road. One (1) copy of each test shall be forwarded tot the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. ❑ RI COMPACTION TESTS: If so required by the Inspector, compaction tests shall be made for each crossing or service line. One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Sections 6.3.001 of the Standard Specifications, Division of Highways, State of California, dated January 1973. ❑ R20 TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch consisting of two inches (2") of SC-800 shall be placed on a prepared sub -grade. The SC-800 temporary paving shall be placed after a maximum of three -thousand linear feet (3000') or trench has been excavated and backfill operations completed, but in no case shall the placement of the temporary pavement exceed a five (5) day limit. ❑ R21 PERMANENT PAVEMENT REPAIR: After backfill and compaction have been completed, a temporary patch consisting of three inches (Y) of SC-800 shall be placed immediately. A permanent patch of Asphalt Concrete surfacing per City of La Quinta Standard 600 shall be placed no later than ( ** N/A ** ) days after completion of temporary road repair. ❑ R22 FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as determined by the City Engineer. ❑ R23 STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon completion of permanent repairs. ® R24 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location. Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at any one time. Adequate signs, flagmen and or barricades shall be provided to protect the traveling public at all times. Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method. Compaction tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. 440 PERMIT NO. TC2014-1035 Fairway Villas / Traffic Control for Tree Trimming / Eisenhower Dr In Front of Fairway Villas In addition to the standard permit conditions, the following shall apply: Pursuant to Section 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), all work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction (SSPWC) and as directed by and to the satisfaction of the City Engineer. 2. Arbor Stone (Bryan Arbor), hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. This permit or copy of it shall be on the work site for inspection during the actual work performed. 4. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more frequently, if required. 5. Pursuant to Section 6.08.050 of the La Quinta Municipal Code (Ordinance 18 § 1, 1982), throughout the work site, the Permittee shall comply with City regulated work hours. Operation and maintenance of equipment within one-half mile of human occupancy shall be performed only during the following time periods: October 1st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1 st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Work shall be prohibited on legal holidays and Sundays. Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial street (ie any 4 lane street) before 8:30 a.m. and after 4:30 p.m. 6. Work within 500 feet of a signalized intersection shall be performed between the hours of 9 a.m. - 3 p.m. Traffic control shall be set up after 9 a.m. and removed before 3 p.m. The Permittee shall contact the City Traffic Maintenance Technician at (760) 250-0571 if signal operation at the intersection is to be altered in any way. T The permittee shall submit inspection requests by calling the City Inspection Hotline at (760) 777-7097 before 1:30 p.m. and at least twenty-four (24) hours prior to the anticipated inspection. Pursuant to Section 14.16.110 of the La Quinta Municipal Code (Ordinance 10 § 1 (part),, 1982), Permittee shall assume responsibility for repair of any pavement damage to any public or private street and for any damage to other City streets or facilities as a result of work performed under this permit. Special Conditions Pag448f3 PERMIT NO. TC2014-1035 Fairway Villas / Traffic Control for Tree Trimming / Eisenhower Dr In Front of Fairway Villas 9. The Applicant or Contractor shall furnish the City satisfactory evidence of insurance in the amounts provided in Engineering Bulletin for Indemnification & Insurance Requirements. This insurance shall be kept in full force and effect at all times by Applicant or Contractor during the prosecution of the permitted work and updated Certificate of Liability Insurance shall be submitted to the City. Each policy shall name the City as an additional insured. 10. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), at residential streets, advance warning signs and traffic control shall be installed and maintained in accordance the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) or the latest edition of the Work Area Traffic Control Handbook (WATCH). On Collectors to Arterial Streets, the permittee must submit a traffic control plan which shall be from or prepared under the guidance of the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) or the latest edition of the Work Area Traffic Control Handbook (WATCH). Traffic Control plans not from the CA MUTCD or the WATCH shall be signed and stamped by a civil or traffic engineer registered in the State of California. It shall be the Permittee's responsibility to appropriately detour and barricade all construction sites. Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), street closures shall not be permitted. A minimum of two (2) travel lanes of paved surface shall be maintained at all times. 11. Prior to excavating, if required, the Permittee shall contact Underground Service Alert at 1-800-422- 4133. It shall be the Permittee's responsibility to notify the Public Works Department of anticipated excavation which impact City facilities, including but not limited to traffic signal conduits and loops, irrigation lines, electrical conduits, and storm drain facilities. 12. Should additional work, materials, or modifications of the work be required in order to meet City standards, safety requirements, signage requirements, or to fit actual field conditions, the work shall be performed by the Permittee as directed by and to the satisfaction of the City Engineer at no cost to the City of La Quinta. 13. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), backfill compaction within street rights -of -way shall conform with Section 306-1.3 of the latest edition of the Standard Specifications For Public Works Construction (SSPWC), except as otherwise specified herein. No excavation is anticipated in the Scope of Work or within this permit. 14. All excavations within City of La Quinta right-of-way shall be backfilled, and temporarily paved if within the existing travel way, at the end of every workday as directed by and to the satisfaction of the City Engineer for the protection of the public. Lengths of open trench shall not greatly exceed that which can not be backfilled in the same day. Excavated trenches shall not be allowed open overnight, however, Permittee may leave a length of excavated trench, not to exceed twenty (20) feet in length, open overnight at a point where construction will begin the next day, provided that this length of trench is completely covered by steel plating. Special Conditions Pagt442f 3 PERMIT NO. TC2014-1035 Fairway Villas / Traffic Control for Tree Trimming / Eisenhower Dr In Front of Fairway Villas 15. All landscaping, irrigation, decorative rock, decorative concrete, sidewalk, lighting, etc., shall be replaced to its original condition. 16. Access and egress to all local properties shall be maintained at all times. 17. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), permanent pavement replacement shall be completed no later than seven (7) days after the completion of the work. Permanent pavement replacement shall conform to the following conditions: No asphalt work is anticipated within the scope of work or this permit. 18. Permittee shall permanently stabilize any and all soil that was disturbed as a result of work performed under this permit with an approved dust control treatment. Soil stabilization shall be done immediately after completing the operation. 19. The City of La Quinta reserves the right to require modifications of the work be made at permittee's sole cost for proper sight distance requirements per guidelines in the AASHTO " A Policy on Geometric Design of Highways and Streets, 5t" Edition" or latest, in the installation of all appurtenances abutting and within the public street right-of-way. 20. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982) the City has designated certain city streets as Truck Routes. The weight limit for restricted streets (i.e., streets not part of the Truck Route network) is three (3) tons; trucks exceeding the weight limit may use a restricted street if making a delivery or pickup on the subject street, or if this permit specifically grants permission to use the street to deliver street construction materials and/or equipment. 21. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 22. The permittee shall indemnify, hold harmless and assume the defense of the City from all damages, delay costs, costs or expenses in law or equity that may arise out of work under this permit. Special Conditions Page 3 of 3 443 444 Work Area Traffic Control Handbook 31 Mid Block Right Lane Closure rrrirvurrum rct4UMMENDED CHANNELIZING DEVICE AND SIGN SPACI DIMENSION DIMENSION DIMENSION DIMENSION DIMENSIO SPEED "S" A B C D E MPH (zl SPACING �� MINIMUM MINIMUM MINIMUM BUFFER MERGING SHIFTING SHOULDER SPACE(4) TAPER L TAPER 1/2L TAPER 1/3 L It ft ft ft ft 25 100 125 63 42 _ 158 30 250 180 g0 60 205 35 250 245 123 82 257 40 250 32p 160 107 315 45 350 540 270 180 378 50 350 600 300 200 446 55 500 660 330 220 520 60 500 720 3fi0 240 598 650) 500 780 390 260 682 Work on Freev�ays and Expressways with speeds of 65 m SIGN N N G 0) MAXIMUM MAXIMUM CHANNELIZER CHANNELIZER SPACING SPACING TAPER (3) TANGENT (3) ft ft 25 S0 30 60 35 _ 70 40 _ 80 45 gp 50 100 50 104 50 100 50 100 rzi Pasted S Q greater shall meet the Standard Plans and Standard Specifications of Caltrans. peed or observed operating speed (whichever Is greater). (3) Channelfzer spacing shall be reduoed in half at areas where work is tak' lace, on curves. or areas of head-on conflict. (4) Buffer space may be Inserted in lows urban areas and should be fn�serted In high speed urban and rural areas. (5) Sign sparing in rural areas should be 500 . 445 N N G 0) MAXIMUM MAXIMUM CHANNELIZER CHANNELIZER SPACING SPACING TAPER (3) TANGENT (3) ft ft 25 S0 30 60 35 _ 70 40 _ 80 45 gp 50 100 50 104 50 100 50 100 rzi Pasted S Q greater shall meet the Standard Plans and Standard Specifications of Caltrans. peed or observed operating speed (whichever Is greater). (3) Channelfzer spacing shall be reduoed in half at areas where work is tak' lace, on curves. or areas of head-on conflict. (4) Buffer space may be Inserted in lows urban areas and should be fn�serted In high speed urban and rural areas. (5) Sign sparing in rural areas should be 500 . 445 rzi Pasted S Q greater shall meet the Standard Plans and Standard Specifications of Caltrans. peed or observed operating speed (whichever Is greater). (3) Channelfzer spacing shall be reduoed in half at areas where work is tak' lace, on curves. or areas of head-on conflict. (4) Buffer space may be Inserted in lows urban areas and should be fn�serted In high speed urban and rural areas. (5) Sign sparing in rural areas should be 500 . 445 I `�°Flw4w See below for Finance Revenue Codes ENCROACHMENT PE'RrOIT AURL'C WORKS CONSTRUCTION • I`or the construction of public or Vn.�arks improvements in co private curbs, driveway s, pavements, sidewalks, Parking IMPROVEMENTS and APPROVED SUBDIVISIONS veers, DATE: 10 30 201 water mains and other like Lt7Cg71O11I public OF CONSTRUCDON(Street address PURPOSE OF CONS?-RU N: SLURRY Sor Descri COVE AREA Crr� ptionJ; NORT DESCRIPTION OF CONSTRUCTIO AL FOR CIP 2012-07A DIN1EN510N OF INSTALLATION OR REMOVA-07A SLURRY SEAL APPROXIMATE TIME L`SEE PLANS WHEN WORK WILL BEGiN:9 ESTIfVigTCD CONSTRUCTION COST: 29 2014 perrnan,ent rCONS Rt TIME OF COMPLETION: 11 17 g and%or replacing (Including TIME of 2014 COMMENTS; g iNS. removal all obstruction, materials, and debris, backfillin , SEE SPpC B0f]K FOR CONDITIONS. In consideration of the g compaction and placing granting of this permit, Indemnify, defend the applicant hereby agrees to: or loss resulting from claims agents, officers, re happening or occurrin as or court action and icing tatives and g 8 a proximate result of an employees, arising out of an y harmless from and a Notify the Administrative Y work undertaken under the y accident, loss or damage against any and all submit an ins Authors permit granted mage to Persons or property pectin ty at least twenty-four 24 pursuant to this (24) hours n request, leave a mesa ( ) hours in advance of the time when application. Prior to the anticipated ins message on the ins pection, pection Request Hotline at 7 work will be started at Comply with all a (60) 777-7097 prior to 1:760) 77i-7097. To pplrcable City Ordinances, 30 P.M.PMat least twent - to pay for any additional replacement the terms and conditions of the Y four p ent necessary as the result of this work. Permit and all applicable rules and re ap i� gulatians of the City of and JEFF PETTY- AMERICAN ASPHALT--� �r� Name of A P.O. BOX 3 Applicant (please 10036 FONTANA CA 92331 AMERICAN print) Business Address ASPHALT SOUTH INC Name of Contractor and Job Foreman P 0• BOX 310036 F ONTANq CA 92331 784969 Business Address Contractor's License No. FINANCIAL PACIFIC INS CO 10009 COMPANY City Business License Applicant's Insurance Co No: Company 60423382 Finance Revenue Code policy Number TOTAL, PERMIT NO: TC2014-1034 $0.00 DATE ISSUED: /Qf31 EXPIR TION DATE. BY: l.. �,- 63r// C Applicant or Agent L (909)427-8276 Telephone No. (909)427-8276 Telephone No. WuRK INSPECTED BY*: _ PERMIT COMPLETION DATE*: *If the work is covered by a Subdivision Imp City quest final acceptance provement Agreement, Subdivider shall re Y Council, ptance of improvements from th,44 5q 448 760-346-4349 PO Box 1398, Palm Desert, CA 92261 Fax: 760-346-4349 Phone: 568-0349 14:34:33 10-28-2015 1 A ATTACH M ENT 2 J&W MANAGEMENT TO KEVIN MEREDITH From: SYLVIA CORSINI Fax: 760.777.7011 Pages: 3 Ph: 760.777.7125 Date: 10-28-2015 Re: THE FAIRWAY VILLAS Cc: ❑ Urgent ❑ For Review ❑ Please Comment X Please Reply 0 Please Recycle Mr. Meredith: Fairway Villas is asking for an extension on their compliance date Please reply to the attached letter. Best regards, Sylvia Corsini desertsjc@aol.com 449 760-346-4349 14:34:42 10-28-2015 2 /4 THE FAIRWAY VILLAS AW Management P.O. Box 1398 Palm Desert, CA 92261 desertsjc@aol.com October 28, 2015 Mr. Kevin Meredith Code Compliance Division 78-495 Calle Tampico La Quinta, California 92253 Re: Case # CE2016-0960 Dear Mr. Meredith: I am in receipt of your Notice of Violation regarding Fairway Villas dated October 20, 2015. Please be advised that J & W Management is currently in the process of getting bids from vendors to do the landscaping in the area referred to in your notice, and would respectfully request an extension date of one month (December 2, 2015) to comply with your notice. I appreciate your consideration and cooperation in this matter. Respectfully yours, Sylvia Corsini Property Manager for The Fairway Villas J & W Management 760-568-0349 450 760-346-4349 14:34:53 10-28-2015 3/4 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 NOTICE OF VIOLATION Fairway Villas C/O J and W Management RE: 73320 EL PASEO APN: 646150001 PALM DESERT, CA 92260 Case No: CE2015-0960 Date: October 20, 2015 To Fairway Villas C/O J and W Management: CODE COMPLIANCE DIVISION (760) 777-7125 FAX (760) 777-7011 A recent inspection by a representative of the City of La Quinta Code Compliance Staff was conducted on October 19, 2015 at the above referenced property address and revealed conditions in violation of the La Quinta Municipal Code. We request your cooperation in resolving the issue(s) by correcting and/or repairing the following violation(s) by the Compliance Date(s). CODE SECTION VIOLATION/CORRECTIVE ACTION COMPLIANCE DATE 9.60.030 (F-1) LQMC Fence F. Fence Landscaping and Maintenance. November 02, 2015 Landscaping 1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent Irrigation system, and be continuously maintained by the property owner. CORRECTIVE ACTION: A complaint was received regarding the removal of shrubs along the south side of Eisenhower Dr. west of Washington St. Please take actin to coverthe native soil with an approved ground cover. Provide and maintain landscaping and irrigation between the curb and any fencing. To ensure compliance with the City Codes, a re -inspection of the property will be made immediately following the Compliance Date(s). If you need additional time to correct the violation(s), please contact the undersigned to discuss an extension. Failure to correct the above listed violation(s) within the time frame indicated will result in further action by the City. 451 760-346-4349 14:35:13 10-28-2015 4 /4 If the aforementioned property is a rental property; pursuant to California Revenue and Taxation Code Sections 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid on the subject property in the current taxable year if your property remains in violation of the La Qulnta Municipal Code. If you have any questions regarding this matter, please contact Officer KEVIN MEREDITH at (760)•777-7017. Please provide the case number CE2015-0960 and the property address. Your efforts to maintain the safety and appearance of our city are greatly appreciated. You may contact me at the aforementioned phone number if you require assistance. Sincerely, KEVIN MERE CODE COMP (760)-777-7017 452 Kevin Meredith From: Kevin Meredith Sent: Friday, October 30, 2015 8:08 AM To: 'desertsjc@aol.com' Subject: Sylvia Corsini Re: The Fairway Villas Case#2015-0960 Ms. Sylvia Corsini, Thank you for your letter dated 10/28/15 regarding case 2015-0960 (The Fairway Villas). In your letter, you are requesting an extension until 12/2/15 in order to complete the bid process and have the work performed. This timeline is reasonable and your attention to this matter is greatly appreciated. Please contact me if I can be of any assistance. Thank you. Sincerely, Kevin Meredith Kevin Meredith I Animal Control/Code Compliance Officer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7017 kmeredith a la-guinta.oW Websire I Mai) 453 454 ATTACHMENT 3 Fairway Villas Homeowners Association La Quinta, CA A" ' EIVED March 17, 2016 Mr. Timothy R. Jonasson, Public Works Director The City of La Quinta MAR 18 2016 78-495 Calle Tampico La Quinta, CA 92253 x a .! Oi�- LA QUiNTA COMMbotVn Y DEVELOPMENT RE: Notice of Violation from City Dated December 29 2015 Case #15-1052 Dear Mr. Jonasson, Please let me provide some background information to you regarding the subject notice of violation. In 2014 Fairway Villas ("FV") contracted with a landscaper to remove the diseased and dying oleanders along Eisenhower Drive in front of the security wall fronting FV, under the assumption that FV owned this property. The cost to remove the oleanders was approximately $10,000. In a follow up meeting with the city, FV was advised that it, in fact, does not own the strip of land along Eisenhower Drive and that this land was part of a 100 foot right of way owned by the City of La Quinta. In the summer of 2015, FV spent the money set aside for landscaping and sprinklers along Eisenhower Drive to landscape the inside wall, along with sprinklers and lighting. The cost of these improvements was approximately an additional $20,000. We also went back to the city and informally requested that the City reimburse FV for the removal of oleanders along the right of way. FV was advised that the city did not have funds in its budget for this project. At the request of the City and the water department, FV also spent capital funds in 2014 and 2015 to convert parts of its grass areas and flowered areas to desertscape in order to conserve water. Total funds spent on all these projects over the past two years have exceeded $40,000. On December 29, 2015, FV and its property manager (J&W Management Company) were cited for the following violation: "The area between the back of the curb and fencing shall be landscaped, having a suitable permanent irrigation system and be continuously maintained by the property owner". FV is not the property owner and has not maintained this strip of land in the past and has never had a permanent irrigation system in place on this land. In January, Don Weber (President of FV homeowner association) met with Anthony Moreno to contest the citation, because FV does not own this property. He was told that planning made a mistake and that FV does, in fact, own this strip of land. Mr. Weber agreed to meet with the homeowners in February to determine who has maintained this property in the past and to clarify who owns the subject strip of land. It was determined at the meeting that FV has not maintained this property in the past other than the mistaken removal of diseased and dying oleanders sometime in 2014. 455 FV is a small HOA with ten members and does not have the financial ability to install new landscaping and a permanent irrigation system on land we do not own along Eisenhower drive. Most of its owners are elderly and on a fixed income. FV and J&W Management recently received a second notice of violation pertaining to the landscaping issue dated February 29, 2016. Don Weber and Sylvia Corsini (1&W Mgt. Co. representative) met again with Anthony Moreno, Bryan McKinney, and Amy Yu on Monday March 14 to discuss the citation. FV contends that they do not own this property and are not subject to the municipal code violation. Mr. Weber and Ms. Corsini were advised to meet with city council members just prior to the regularly scheduled meeting at 4 pm on Tuesday March 15 to state our case and ask for support from the City to landscape this City owned property. Marsha Soday (Board Member) and Sylvia Corsini attended this meeting and made a short presentation. Since FV does not own the property along Eisenhower Drive outside its security wall, and we have not maintained this property in the past, we believe it is the City's responsibility to landscape this strip of land along Eisenhower Drive and provide suitable irrigation and lighting (if necessary). If the City would make the needed landscape improvements on the right of way along Eisenhower Drive out of funds in its new budget, FV would agree to maintain this property going forward. It is our understanding that the City has provided financial assistance to other nearby properties in the past. Please consider this request in your upcoming budget discussions for the City's capital budget. Thanks for your support. Sincerely, J&W Management Company cc: Mr. Kevin Meredith (Supervisor) Mr. Frank Spevacek (City Manager) Ms. Martha Mendez (Business Analyst) Ms. Linda Evans, Mayor All City Council Members J and W Management 73-320 El Paseo Palm Desert, CA 92260 awe REPORTS AND INFORMATIONAL ITEM: COMMUNITY SERVICES COMMISSION MINUTES MONDAY, FEBUARY 8, 2016 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:32 p.m. by Chairperson Engel. ROLL CALL PRESENT: Commissioners Blakeley, Chiapperini, Engel, Johnson, Simonds. PLEDGE OF ALLEGIANCE Commissioner Chiapperini led the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA - Confirmed as submitted. CONSENT CALENDAR 1. APPROVE MINUTES OF JANUARY 11, 2016 Motion - A motion was made and seconded by Commissioners Johnson/Blakeley to approve the January 11, 2016 Community Services Commission Minutes as submitted. Motion passed unanimously. BUSINESS SESSION 1. CONSIDERATION OF TWO COMMISSIONERS TO ASSIST THE CIVIC CENTER ART PURCHASE COMMITTEE Presented by Supervisor Larson. Motion - A motion was made and seconded by Commissioners Blakeley/Chiapperini to appoint Commissioners Simonds and Johnson to assist the Civic Center Art Purchase Committee in selecting Civic Center Art during the La Quinta Arts Festival. Motion passed unanimously. 2. PARTICIPATION IN THE CITY BIRTHDAY PARTY AND COMMUNITY PICNIC Presented by Supervisor Larson. Motion - A motion was made and seconded by Commissioners Simonds/Johnson to have Commissioners Chiapperini and Blakeley work at the City booth for the City Birthday Party and Community Picnic. Motion passed unanimously. 457 REPORTS AND INFORMATION ITEMS 1. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED 2. CALENDAR OF MONTHLY EVENTS COMMISSIONER ITEMS: ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blakeley/Johnson to adjourn the meeting at 5:51 p.m. Motion passed unanimously. Respectfully submitted, LISA CHAUDHRY, Executive Office Assistant City of La Quinta, California Reports/ Informational Items: Report to La Quinta City Council Palm Springs International Airport Commission Meeting MARCH 16, 2016 2016-2017 BUDGET PROCESS: On March 9, the Budget Committee (of which I am a member) met to review the draft budget. After review, the Committee voted unanimously to forward the draft to the entire Commission to determine if it should be sent to the City Council for approval. Note: in order to foster more transparency and provide more time for residents to consider it, the Budget process was sped up by 7 weeks. The Budget must now be presented to the City Council by April 20 — a significant challenge. I was unable to attend the Commission meeting itself, so have attached the Staff's individual reports. It is also worth noting that passenger activity at the Airport did increase in February by 5.8%, as expected. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob teal.us.com Phone: 760-899-4171 459