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ORD 356 ORDINANCE NO. 356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING AN AMENDMENT TO TITLE 13, SECTIONS 13.04.040 ADVISORY AGENCY; 13.04,060 REVIEW AND APPROVAL AUTHORITY; 13.12.140 APPEALS; 13.20.115 AMENDING MAPS; AND 13.20,130 APPEALS OF THE MUNICIPAL CODE ZONING ORDINANCE AMENDMENT 2001-068 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 1sT day of May, 2001, hold a duly noticed Public Hearing to consider a Zoning Ordinance Amendment regarding revisions to the Subdivision Regulations; and WHEREAS, the Planning Commission of the City of La Quinta, California did on the lOth day of April, 2001, hold a duly noticed Public Hearing to consider revision to the Municipal Code Title 13 Sections 13.04.040, 13.04.060, 13.12.140, 13.20.115, and 13.20.130 within the City of La Quinta; and, WHEREAS, said request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the project could not have any significant adverse effect on the physical environment; therefore, the project is exempt pursuant to CEQA Guidelines Section 15061(b)(3); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify the recommendation for approval of said Zoning Code Amendment. 1. The proposed revisions will not adversely affect the planned development of the City as specified by the General Plan for the City of La Quinta because the regulations provide requirements which work in concert with and enhance the community. 2. The proposed Amendment would not be detrimental to the health, safety, and welfare of the City in that it is only a procedural change which still requires the public hearing process. Ordinance No. 356 Subdivision Regula~on,-AmendJng Maps May 15, 2OO1 WHEREAS, Section 66472.1 of the California Government Code allows the Advisory Agency to review the amendment of final maps, if prescribed by local ordinance, by a process which includes public notification and an appeal process. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. Sections 13.04.040, 13.04.060, 13.12.140, 13.20.115, and 13.20.130 of the La Quinta Municipal Code is hereby amended for the reasons set forth in this Ordinance and as setforth in Exhibit "A" attached hereto. SECTION 2. ENVIRONMENTAL. Said Zoning Ordinance Amendment request has been determined to be exempt from the California Environmental Quality Act pursuant to Section 15061. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED this 15t~ day of May, 2001 by the following vote: AYES: Council Member Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None City of La Ouinta, California Ordinance No. 3E6 May 16, 2001 pag~ 3 A I I EST: City of La Quinta, California (City Seal) APPROVED AS TO FORM: __ EXHIBIT ORDINANCE NO. 3§6 ZONING CODE AM£NDMENT 200'1-068 '13.04.040 ADVISORY AGENCY The Community Development Director is designated an "Advisory Agency" under state law for the purposes of: A. Investigating and preparing reports to the Planning Commission on the design and improvement of subdivisions. B. Approving, conditionally approving or disapproving tentative parcel maps. C. Approving, conditionally approving or disapproving amending of final maps. 13.04.060 REVIEW AND APPROVAL AUTHORITY -- The authority for review and approval of subdivisions and related land actions is as follows: Type of Action Review Authority Approval Authority Tentative maps eCity Staff City Council eOther responsible agencies · Planning Commission Vesting tentative maps ~City Staff City Council · Other responsible agencies · Planning Commission Tentative parcel maps eCity Staff Community Dev't. Dir. · Other responsible agencies Tentative map extensions ~City Staff City Council eOther responsible agencies · Planning Commission Ordinance No. 356 Zoning Code Amendment 2001~168 May 15, 2001 Page 2 Final and parcel maps eCity Staff City Council eOther responsible agencies ePlanning Commission Waivers of parcel maps ~City Staff Community Dev't. Dir. · Other responsible agencies Reversions to acreage eCity Staff City Council · Other responsible agencies oPlanning Commission Lot line adjustments ~City Staff Community Dev't. Dir. · Other responsible agencies Lot & parcel mergers ~City Staff Community Dev't. Dir. · Other responsible agencies Amending Final Maps City Staff Community Dev't. Dir. Other responsible agencies 13.12.140 APPEALS A subdivider or any other interested party may appeal a decision of the Advisory Agency or the Planning Commission by using the following procedures: A. Appeal of the Advisory Agency Decision Within ten (10) calendar days after the date of the decision by the Advisory Agency, a written appeal, accompanied by the appropriate filing fee, may be submitted to the Community 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 Staff decision. The appeal shall state the item to be appealed and the reason for the request. The Community Development Director shall set the matter for hearing before the Planning Commission within thirty (30) days after the date of filing the appeal. Written notice of the hearing shall be provided bv mail to the subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. B. Appeal of the Planning Commission's Decision Ordin~noe No. 356 -- Zoning Code Amendment 2001-068 May 16, 2001 Within ten (10) 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 Community 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 (30) day 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. 13.20.115 AMENDING MAPS Final maps and parcel maps may be amended in conformance with Government Code Section (GC§) 66469 through 66472.1 and the following: A. If amendments are confined to those set forth in GC§ 66469, the amending map shall be filed with the City Engineer in accordance with Sections 13.20.040 and 13.20.050. The City Engineer shall examine the map and if he or she finds that the amendments are limited to those set forth in GC§ 66469 and the amending map complies with GC§ 66470, shall endorse thereon a certification of said finding and the applicant may submit the amending map to the county recorder for recordation. B. An amending map which exceeds the changes set forth in GC§ 66469 but conforms with GC§ 66470 may be filed in accordance with GC§ 66472.1 and the provisions of this section. The map shall be filed with the Community Development Department and shall include the initial application materials and fees specified in Sections 13.12.040 and the materials are as follows: 1. A five hundred foot radius map exhibit, drawn to scale, which displays those properties within five hundred feet of the subdivision boundaries and which identifies the names of the affected property owners, as listed in the latest updated county equalized tax rolls; Ordinance No. 356 Zoning Code Arnendment 2001-068 May 15, 2001 Page 4 2. One set of self-adhesive mailing labels and one photocopy of the names and addresses of those property owners within five hundred feet of the subdivision boundary; 3. Fifteen copies of the amending final map, folded accordion style to a size not exceeding eight and one-half inches by eleven inches, with reduced reproducible originals not exceeding eight and one- half inches by eleven inches in size; 4. A preliminary title report prepared and dated not more than ninety days prior to submission of the application; 5. This list is not all inclusive and any other special studies required will be determined by city staff on a case-by-case basis. Prior to map and, if necessary, plan checking by the City Engineer, the applicant shall submit the map checking application materials and fees specified in Section 13.20.50 and (if necessary) the plan checking fees specified in Section 13.24.180. The map shall be processed in the following sequence: Cursory review by staff and outside agencies deemed affected by the amendments; Review and Consideration by Advisory Agency at public hearing; If approved, map and plan checking, as necessary, by the City Engineer; preparation and execution of any needed revisions to the improvement agreement; signatures by City Engineer, City Clerk, and (if a new or amended improvement agreement required) the City Attorney and Community Development Director; recordation via the City's normal process for subdivision maps. Section 13.20.130 Appeals of the Advisory Agency or Planning Commission decisions concerning final maps, amending final maps, parcel maps and waivers of parcel maps shall be processed as provided in Chapter 13.12.140, Subdivision Regulations.