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ORD 508ORDINANCE NO. 508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 13.24.030 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO IMPROVEMENT STANDARDS WHEREAS, improvements installed in, or associated with, land divisions are required to be constructed in conformance with standards and specifications of the city; and WHEREAS, the City is required to protect the public health and public safety in and around the proposed land divisions; and WHEREAS, When a subdivider fails to timely complete required improvements and the City finds that such failure creates a potential risk to the public health or public safety in and around the proposed land divisions, the City desires to put future owners of the divided land on notice of potential restrictions on future use of the subdivided land that may result from the condition of inadequate or incomplete improvements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. ADOPT SECTION 13.24.030 "Improvement Standards" The La Quinta Municipal Code Section 13.24.030, "Improvement Standards" is hereby amended to read as follows: CITY OF LA QUINTA MUNICIPAL CODE: 13.24.030 Improvement Standards A. Improvements installed in, or associated with, land divisions shall be constructed in conformance with standards and specifications of the City. In the absence of standards for an improvement, the City Engineer may prescribe standards in keeping with good construction and engineering practice. B. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. C. Where a subdivider fails to timely complete required improvements meeting the standards and specifications required herein, and the City finds that such Ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 2 of 9 failure creates a potential risk to the public health or public safety in and around the proposed land divisions, then City staff may, where deemed appropriate, in the City's sole discretion, to protect the public health or safety, record an appropriate notice with the County Recorder putting future owners of divided land on notice of potential restrictions on future use of the subdivided land that may result from the condition of inadequate or incomplete improvements. If record, such notice shall remain on record until such time as required improvements meeting this section are completed. SECTION 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days after its adoption. SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 2nd day of April 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ordinance No. 508 Amend Code - Section t 3.24.030 Adopted: April 2, 2013 Page 3 of 9 City of La Quinta, California ATTEST: SUSAN MAYSELS, ity Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO kALTHEMNE JE City Attorney City of La Quinta, Caf fornia Ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 4 of 9 EXHIBIT A Amend 9.60.300 Compatibility review for partially developed subdivisions as follows: A. Purpose. Residential subdivisions are often developed in phases, either by the same or different developers or by individual owner -builders. This section imposes requirements to ensure that units in :later phases , of such projects are compatible in design and appearance with those already constructed. B. Definition. For purposes of this section, the term "compatible"" means " residential buildings which are similar in floor area and harmonious in architectural style, mass, scale, materials, colors, and overall appearance. C. Applicability. This section applies to all second story additions, aad proposed major design deviations, and new residential units which are different from those originally constructed and/or approved and which are proposed for construction within a partially developed subdivision, except for a custom home subdivision, project or phase. Proposed minor design deviations are not subject to this section. These requirements are in addition to other applicable regulations in this code. 1. Minor Design Deviation. A minor design deviation can be approved by the Community Development Department without a public hearing. Minor design deviation means a modification of an approved architectural unit within a subdivision that involves items such as, but not limited to, less than ten percent change in square footage of existing constructed or approved units; columns, dormer vents, window size changes, plant -on locations, color, and stucco.texture changes. The Community Development Director may refer the minor design deviation to the planning Ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 5 of 9 commission as a business item under the site development permit process. 2. Major Design Deviation. A major design deviation is subject to the compatibility review for partially developed subdivisions. A major design deviation means a ten percent or more change in square footage of existing constructed or approved units; any exterior architectural modification not defined as a minor design deviation. D. Site Development Permit Required. Residential units subject to this section are subject to approval of a site development permit by the planning commission per Section 9.210.010. Applications for such permits shall be filed with the planning Community Development 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. 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. No application shall be processed until all required materials have been submitted and the application deemed complete. F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110 prior to planning commission approval or denial of any site development permit consisting of the construction of a total of five houses within a tract under the compatibility review provisions of this section. Construction of a total of five or less units shall require review and approval of the planning commission as . a business item. The planning Community Development Director may require that ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 6 of 9 additional notice be given by enlarging the notification radius or by other means determined by the director. G. Precise Development Plan. A site development permit approved under the compatibility review provisions of this section constitutes a precise development plan. Therefore, the residential development authorized under the site development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. H. Required Findings. In addition to the findings required for approval of a site development permit, the following findings shall be made by the decision -making authority prior to the approval of any site development permit under the compatibility review provisions of this section: 1. The development standards of subsection I of this section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the planning commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in the same subdivision. 2. If lot fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwelling(s), as determined by the planning commission, including any perimeter subdivision fencing. Ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 7 of 9 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the planning commission, with respect to the following design elements: a. Architectural material such as roof material, window treatment and garage door style; b. Colors; C. Roof lines; d. Lot area; and e. Building mass and scale. 4. At least one specimen tree (i.e., minimum of a 24-inch box size (1.5-inch to 2-inch caliper) and minimum ten -foot tall, measured from top of box) shall be provided in the front yard and street side yard with the total number of trees on each lot to be the same as that provided for on the original units. 6. Residential units with identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. J. Commission Discretion on Unit Types. The planning commission, in reviewing dwelling units under this section, may limit the type and the number of a particular unit to be constructed within a subdivision. Ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 8 of 9 K. Appeals. The applicant or another aggrieved party may appeal decisions of the planning commission in accordance with the provisions of Section 9.200.120. that 4RYelyes items but Rot limited to, less Gubdoy*swen sueh as, Ordinance No. 508 Amend Code - Section 13.24.030 Adopted: April 2, 2013 Page 9 of 9 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. 508 which was introduced at a regular meeting on the 19th day of March, 2013, and was adopted at a regular meeting held on the 2nd day of April, 2013, 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. 2006-115. —L�4�' SUSAN MAYSELS, ity 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 April 3, 2013, pursuant to Council Resolution. SUSAN MAYSELS, Oy Clerk City of La Quinta, California