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2013 06 04 CCCity 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, JUNE 4, 2013 AT 4:00 P.M. 3:00 P.M. CLOSED SESSION ( 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, Mayor Adolph PUBLIC COMMENT 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). CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), CITY OF LA QUINTA, ET AL. v. MATOSANTOS, ET AL., SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2013-80001485 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY ATTORNEY 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER RECESS TO CLOSED SESSION CITY COUNCIL AGENDA 1 JUNE 4, 2013 RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT 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 PRESENTATIONS PAGE NO. 1. LA QUINTA PUBLIC LIBRARY QUARTERLY REPORT FOR JANUARY 7 THROUGH MARCH 2013 WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. MINUTES OF MAY 21, 2013 13 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. DEMAND REGISTER DATED JUNE 4, 2013 23 2. REQUEST FOR PROPOSALS FOR ARTWORK AT THE SINALOA AND 41 EISENHOWER ROUNDABOUT 3. CONTRACT TO CONSTRUCT SILVERROCK RESORT PARKING LOT 53 AMERICAN WITH DISABILITIES ACT IMPROVEMENTS, PROJECT NO. 2012-09 4. CONTRACT WITH KIRKPATRICK LANDSCAPE SERVICES, INC. FOR 57 CITYWIDE LANDSCAPE MAINTENANCE, PROJECT NO. LMC 2012-11 5. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND 59 AUTHORIZATION TO OBTAIN BIDS TO REPLACE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM #3 AT CITY HALL CITY COUNCIL AGENDA 2 JUNE 4, 2013 DAr_F nin 6. CONTRACT TO CONSTRUCT CALLE SINALOA AND AVENUE 52 61 SIDEWALK INFILL IMPROVEMENTS, PROJECT NO. 2012-08 7. ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH 65 PARCEL MAP NO. 31143, DUNES BUSINESS PARK, THE DUNES BUSINESS PARK, LLC 8. RESOLUTION TO EXTEND TIME FOR COMPLETION OF THE OFF-SITE 69 AND ON-SITE IMPROVEMENTS FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC [RESOLUTION 2013-027] 9. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND 75 ADVERTISEMENT FOR BID FOR INTERSECTION IMPROVEMENTS LOCATED AT HIGHWAY 111 AND WASHINGTON STREET, PROJECT NO. 2011 -01 BUSINESS SESSION 1. COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL 79 YEAR 2013/2014 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, 91 CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS IN TWO SERIES, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH [RESOLUTION 2013-028] RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY MEETING RECONVENE THE CITY COUNCIL MEETING STUDY SESSION 1. MARKETING STRATEGIES FOR 2013/2014 101 2. REVIEW OF VIDEOTAPING CITY COUNCIL MEETINGS 109 3. FISCAL YEAR 2013/2014 BUDGET FOLLOW-UP 111 CITY COUNCIL AGENDA 3 JUNE 4, 2013 PAGE NO. 4. BRIDGE AESTHETICS FOR THE JEFFERSON STREET AND 1-10 115 INTERCHANGE REPORTS AND INFORMATIONAL ITEMS 1. CHAM BER OF COM M ERCE INFO EXCHANGE COM M ITTEE (Evans) 2. CVAG CONSERVATION COMMISSION (Evans) 3. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. ANIMAL CAMPUS COMMISSION (Franklin) 6. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 7. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin) 8. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 10. CVAG PUBLIC SAFETY COMMITTEE (Henderson) 1 1 . CVAG TRANSPORTATION COMMITTEE (Henderson) 12. LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson) 14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) 15. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 16. CVAG EXECUTIVE COMMITTEE (Adolph) 17. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Adolph) 18. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (Adolph) 19. SUNLINE TRANSIT AGENCY (Adolph) DEPARTMENT REPORTS - NONE MAYOR'S AND COUNCIL MEMBER'S ITEMS RECESS UNTIL 7:00 P.M. RECONVENE AT 7:00 P.M. PUBLIC COMMENT 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 CITY COUNCIL AGENDA 4 JUNE 4, 2013 taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). PUBLIC HEARINGS 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. PAGE NO. 1. ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE, AND 121 CORRESPONDING ZONE CHANGE ACTIONS, REQUIRED TO IMPLEMENT PROGRAMS IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT. APPLICANT: CITY OF LA QUINTA [ORDINANCE 512] A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 512 ON FIRST READING 2. ORDINANCE TO REZONE CERTAIN PROPERTY FROM LOW DENSITY 203 RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL WITH AN AFFORDABLE HOUSING OVERLAY ZONE. APPLICANT: CITY OF LA QUINTA [ORDINANCE 513] A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 513 ON FIRST READING 3. ORDINANCE ADDING SECTION 9.60.115, ESTABLISHING 216 PROCEDURAL AND OPERATIONAL PROVISIONS FOR COTTAGE FOOD OPERATIONS WITHIN RESIDENTIAL ZONING DISTRICTS APPLICANT: CITY OF LA QUINTA [ORDINANCE 514] A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 514 ON FIRST READING ADJOURNMENT CITY COUNCIL AGENDA 5 JUNE 4, 2013 ******************************************** The next regular meeting of the City Council will be held on June 18, 2013, 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 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 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on May 31, 2013 DATED: May 31, 2013 SUSAN MAYSELS, City Clerk 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 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. • If background material is to be presented to the Planning Commission 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 Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 6 JUNE 4, 2013 C15F I F -WB J KJ,, 2 La Quinta Public Library Quarterly Report I ' rrt ' gK 1/ 02� L ' cpg 1/ 02 Cirri latinn The Library circulated 62,032 items this quarter. This comes out to an average of 88 items checked out every hour that the Library was open. Public Computer Usage During this quarter, 8,849 computer sessinnT v dq1 kif f do nm sgd Kaq q JF 17 public access computers. This is a slight decrease from the third quarter of 2011/2012, which can be linked to the increase in usd ne sgd Kaq q(JF Od V f Eh access. Public computers are used by all ages and provide an important connection for tourist and short-term visitors to keep in touch with work, family, or to check travel arrangements. nnnr Count This quarter, 63,577 people visited the Library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. On average, 90 people came into the Library every hour. This is a 4% increase over the same period last year. 2009 2005 2006 2007 2008 2009 2010 2011 2012 2013 January 5,704 8,643 8,855 9,521 18,015 25,380 21,981 22,551 23,748 February 5,473 7,275 8,439 13,737 17,852 23,326 22,390 22,142 19,134 March 5,693 8,210 8,338 15,060 20,341 23,647 24,201 24,396 19,149 Public Computer Usage During this quarter, 8,849 computer sessinnT v dq1 kif f do nm sgd Kaq q JF 17 public access computers. This is a slight decrease from the third quarter of 2011/2012, which can be linked to the increase in usd ne sgd Kaq q(JF Od V f Eh access. Public computers are used by all ages and provide an important connection for tourist and short-term visitors to keep in touch with work, family, or to check travel arrangements. nnnr Count This quarter, 63,577 people visited the Library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. On average, 90 people came into the Library every hour. This is a 4% increase over the same period last year. 2009 2010 2011 2012 2013 January 15,769 19,308 20,182 19,022 22,071 February 15,445 18,584 18,559 17,846 20,142 March 18,994 22,575 23,565 24,396 21,364 New Borrowers The Library registered 795 new borrowers during this quarter. Where there are 27,070 borrowers on record for La Quinta, 2,350 separate individuals used their Library cards this quarter. A Library card is good for three years and is purged after four if there are no fees attached. A card with fees stays until the record is cleared. Library Use from a Non -Library Location Utilizing a computer in a location other than the La Quinta Library, 6,729 La Quinta borrowers accessed the Riverside County Library System's homepage for database access and other types of information. In addition, they placed requests for 5,821 items for later pickup at the Library. Weekly Programming A Preschool Storytime for children 3'/2 to 5 years old was held eleven Tuesday mornings during the quarter. A total of 382 children attended. A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held prior to the Preschool Storytime. The eleven programs were attended by 458 participants. A weekly English as a Second Language Class is held Tuesday mornings in the Library Classroom. The four sessions were attended by 43 adult students. Monthly Programs An Evening with Friends is a monthly adult program sponsored by the Friends of the Library. Three monthly programs were attended by 480 people. The Library offers a Family Movie Day on the second Sunday of each month. Each month the Library offers a newly released feature film or a seasonally related classic movie that will appeal to the whole family. Three movie days were attended by 83 people. Other Programs A special book and cooking series Munch, Muncha, March was offered to children ages seven to nine. Each week featured a food related book and, after listening to the story, prepared a food item from the book. The each of the four sessions was limited to ten children. During V nl dmGhfsnq( L nrreg the Library offered a morning movie series featuring strong female characters. No -School -Today Movies occur on holidays when the Library is open and students are out of school. During this quarter 129 people attended three movie days. VnlunfPPrc During this quarter 35 volunteers donated 463 hours of time. Volunteers worked in the book store, shelved returned books in the Library, helped with programs, and performed a myriad of other tasks. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. The Friends provide funds for all special programs, including the movie license, equipment, and refreshment for all Library movie programs. La Quinta Library Expenditures ItkK0+1/01 FL'cpg20+1/02 Library Contract Expenditures (LSSI) 7/1/12 to 9/30/12 10/1/12 to 12/31/12 1/1 /13 to 3/31/13 4/1 /13 to 6/30/13 Total Labor& Benefits $101,966.74 $104,056.98 $98,865.90 $304,889.62 Materials, Net of Donations 0 $1,049.49 $3,327.13 $3,327.13 Automation & Courier $17,925.91 $16,833.07 $15,687.55 $50,446.53 Other Direct Costs $1,819.22 $1,465.38 $3,068.82 $6,353.42 Zone Administration $7,611.06 $7,651.31 $12,482.33 $27,744.70 Shared Costs $10,607.58 $10,663.67 $5,695.77 $26,967.02 Library Contract Expenditures $139,930.51 $140,670.41 $139,127.50 $419,728.42 County Expenditures 7/1/12 to 9/30/12 10/1/12 to 12/31/12 1/1 /13 to 3/31/13 4/1/13 to 6/30/13 Total Personnel $6,697.70 $8,840.06 $3,695.05 $19,232.81 Insurance $10,128.02 $1,049.49 $972.47 $12,149.98 Miscellaneous Expenses $108.24 $136.45 $66.09 $310.78 Special Program Expenses $-.07 $558.37 $264.13 $822.50 Accounting Costs $83.29 $192.18 $169.39 $444.86 Travel and Conferences $34.73 $.89 0 $35.62 Support Services $10,726.02 $58,755.40 $29,992.51 $99,473.93 County Expenditures $27,777.93 $69,532.84 $35,159.64 $132,470.41 TOTAL EXPENDITURES $167,708.44 $210,203.25 $174,287.14 1 $552,198.83 La Quinta Museum Quarterly Report I ' rrt ' qK 1/ 02� L ' cpg 1/ 02 Visitors 1,950 people visited the Museum this quarter, including 194 children. Exhibits The exhibit Emerald Gems: History of Golf in the Coachella Valley opened January 18, 2013 in time for the Humana Challenge activity. The La Quinta Historical Society hosted two events to highlight the exhibit. The first was an evening with the Vosslers and friends who reminisced about golf in La Quinta. The second was a tour to two historic golf courses in the U' kx � N-tnmrdW hn O k Roquf r ' nuc Sunnylands in Rancho Mirage. The first floor gallery remained dedicated to local history including Cahuilla Indian and native animal dioramas as well as displays on the early resorts. Programming Preschool Story Time for children ages 3 to 5, held the first Wednesday of each month, was attended by a total of 55 children and their caretakers. These story times with a craft program that follows are a collaboration between the Museum and the Library. First Fridays continued in January with a cabaret performance by Robyn Spangler followed in February with two quartets from the Sandblaster Barbershop Chorus. In March, national harmonica champion David McChesney not only treated the audience to his music but also to images of his wildlife photography. In conjunction with the fall Creativity in La Quinta Cove exhibit artist Ann Wolfe continued with a series of her Creative Fridays at the Museum workshops, which have become increasingly popular. Gift Shop Total gift shop sales this quarter were $1 831. La Quinta Museum Expenditures ItkKO+1/01 FL'cpg20+1/02 M useum Personnel Costs 7/1/12 to 9/30/12 10/1/12 to 12/31/12 1/1 /13 to 3/31/13 4/1/13 to 6/30/13 Total Salaries $29,625.00 $29,625.00 $29,625 $88,875.00 Total Personnel Costsl $29,625.001 $29,625.001 $29,625.001 $88,875.00 M use um Programming Costs 7/1/12 to 9/30/12 10/1/12 to 12/31/12 1/1 /13 to 3/31/13 4/1/13 to 6/30/13 Total Special Speaker $1,521.90 $2,550.11 $1,676.65 $5,748.66 Printing $108.16 $354.19 $74.94 $537.29 Total Programming Costs $1,630.06 $2,904.30 $1,751.59 $6,285.95 Other Costs 7/1/12 to 9/30/12 10/1/12 to 12/31/12 1/1 /13 to 3/31/13 4/1/13 to 6/30/13 Total Travel $18.36 $422.35 $61.05 $501.76 Supplies $1,340.69 $2,454.26 $647.72 $4,442.67 Gift Shop Supplies - $1,603.09 $1,807.79 $3,410.88 Miscellaneous $1,626.35 $191.30 $611.60 $2,429.25 Total Other Costs $2,985.401 $4,671.001 $3,128.161 $10,784.56 TOTAL EXPENDITURES $34,240.46 $37,200.30 $34,504.75 $105,945.51 CITY COUNCIL MINUTES TUESDAY. MAY 21. 2013 A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None Mayor Adolph led the audience in the pledge of allegiance. CLOSED SESSION - None PUBLIC COMMENT Public Speaker: Robert Sylk, La Quinta - Mr. Sylk urged the City to improve the vacant lot on Avenue 52 across from the fire station by grading it, covering it with brown granulated soil or offering it to students for gardening. CONFIRMATION OF AGENDA Councilmember Osborne asked that Consent Calendar Item No. 9 be pulled for a separate vote due to a potential business relationship conflict. PRESENTATIONS 1. DESERT CLASSIC CHARITIES Greg Helm, Marketing Committee Chair of Desert Classic Charities, provided a report on the second year of the Humana Challenge in partnership with the Clinton Foundation (the corresponding letter is on file in the City Clerk's Office.) Mr. Bob Marra, Humana Challenge Executive Director and CEO provided information on plans for the next tournament. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - A motion was made and seconded by Councilmembers Evans/Franklin to approve the minutes of May 7, 2013 as submitted. Motion passed: ayes 4, noes 0, abstain 1 (Adolph absent from the 5/7/2013 meeting). CITY COUNCIL MINUTES 1 MAY 21, 2013 CONSENT CALENDAR 1. TREASURER'S REPORT DATED MARCH 31, 2013 2. SECOND READING AND ADOPTION OF ORDINANCE NO. 510 AMENDING SECTION 11.44.060 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO SMOKING IN CITY PARKS 3. SECOND READING AND ADOPTION OF ORDINANCE NO. 511 APPROVING ZONE CHANGE 2012-142, A CHANGE OF ZONE FOR A SINGLE PROPERTY FROM COMMERCIAL PARK TO REGIONAL COMMERCIAL CASE: ZONE CHANGE 2012-142 APPLICANT: ROCK N ROLL MINI GOLF, LLC 4. REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2013 5. AMENDMENT NO. 1 TO AGREEMENT WITH A. M. LA SALLE ELECTRIC, INC. FOR PROJECT NO. LMC 2011-15, LANDSCAPE AND LIGHTING DISTRICT 6. RESOLUTION SUPPORTING THE GOVERNOR'S COMMITMENT TO STATE FUNDING OF THE LAKE PERRIS DAM REMEDIATION PROJECT [RESOLUTION 2013-025] 7. DENIAL OF CLAIM FOR DAMAGES FILED BY: CONRADO AND EVELINDA GARCIA; DATE OF LOSS - MARCH 28, 2013 8. EXCUSE BOARD MEMBER KURT MORTENSON'S ABSENCE FROM THE JUNE 12, 2013 INVESTMENT ADVISORY BOARD MEETING 9. pulled for a separate vote > > > PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC., TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2013/2014 10. OVERNIGHT TRAVEL FOR PRINCIPAL ENGINEER AND INSPECTOR I TO ATTEND THE JOINT POWERS INSURANCE AUTHORITY PUBLIC WORKS ACADEMY TO BE HELD JUNE 12-13, 2013 IN HUNTINGTON BEACH, CALIFORNIA 11. DEMAND REGISTER DATED MAY 21, 2013 MOTION - A motion was made and seconded by Councilmembers Henderson/ Evans to approve the Consent Calendar Item Nos. 1 -8 and 10-11 as recommended with Item No. 6 adopting Resolution 2013-025. Motion passed unanimously. CITY COUNCIL MINUTES 2 MAY 21, 2013 MOTION - A motion was made and seconded by Councilmembers Evans/Franklin to approve Consent Calendar Item No. 9. Motion passed: ayes 4, noes 0, abstain 1 (Osborne), absent 0. BUSINESS SESSION 1. RESOLUTION TO ADOPT IMPLEMENTATION AGREEMENT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO ESTABLISH A REGIONAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM [RESOLUTION 2013-026] Chris Escobedo, Assistant to City Manager, presented the staff report, which is on file in the City Clerk's Office. Public Speaker: Katie Barrows, Coachella Valley Association of Governments (CVAG) - Ms. Barrows explained the concept and timing of the program. She said that all area utility companies have been contacted to incorporate their energy- saving offers. Public Speaker: Crystal Crawford, Ygrene Energy Fund - Ms. Crawford explained that Ygrene will work with applicants and local contractors to facilitate improvements. In response to Council, Ms. Crawford said the program does not rule out city or homeowner participation in any other rebate or incentive programs; there is no cost to participating cities; CVAG is aiming for a June 2013 start with homeowners' first payments added to the January tax roll; La Quinta residents would not be able to participate in this program unless Council approves the agreement; property owners have complete discretion as to whether to participate or not; unlike those with traditional loans, homeowners with an FHFA loan would have to pay off the balance when they sell the property; there is a 3% early pay off penalty; and, if homeowners default on payments, the same non-payment of property tax remedies would apply. MOTION - A motion was made and seconded by Councilmembers Franklin/ Henderson to adopt Resolution 2013-026 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN IMPLEMENTATION AGREEMENT AUTHORIZING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO IMPLEMENT, MANAGE AND ADMINISTER ONE OR MORE CLEAN ENERGY PROGRAMS AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Motion passed unanimously. CITY COUNCIL MINUTES 3 MAY 21, 2013 2. SELECTION OF AN ALTERNATIVE FOR THE REPLACEMENT OF THE COACHELLA CANAL WITHIN THE SILVERROCK GOLF COURSE Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Public Speaker: Mark Johnson, Coachella Valley Water District (CVWD), Director of Engineering - Mr. Johnson provided canal historic information; ownership and easement information; cause of the canal's reduced efficiency; details on the design options; and project timing. Councilmembers' discussion included a hybrid design of open and piped sections; lost golf course revenue during construction; purpose of engineering and construction management services; title and easement issues; treatment of the abandoned canal; contingency costs; right-of-way costs; timing of project and payments; restrictions on use of bond funds; projects competing for the bond funds; developers' financial participation in the canal project; CVWD's budget for the parallel canal project; and, fencing requirements if an open canal runs along Jefferson Street versus only a buffer zone within the golf course. Public Speakers: Graham Culp and John Gamlin, Meriwether Group - Mr. Gamlin said that Meriwether will participate holistically in funding the infrastructure on the site; but which projects and to what level will be determined by economics and during negotiations. Mr. Culp explained that the economic feasibility study is still underway so the Meriwether Group cannot yet project the company's level of participation in funding infrastructure. Mr. Gamlin said that a hybrid option would be the best for them and would cost less than Option 1 -Underground Pipeline; however, the necessary environmental study may delay the project. Mr. Gamlin said that if Option 2 -Parallel Canal was selected, Meriwether Group would consider enhancing the east -west section and piping a portion of it so that development options are not limited. Public Works Director Jonasson said that if Council does not select an option by June 1, 2013, CVWD would move forward with Option 2 -Parallel Canal. Public Speaker: Len Wahlert, La Quinta - Mr. Wahlert asked about the funding for the canal project, and expressed concern that project will spiral out of control. He said that he believes citizens will be disappointed if Council does not select the parallel canal option. COUNCIL TOOK A BRIEF RECESS A T 5: 57 P. M. CITY COUNCIL MINUTES 4 MAY 21, 2013 MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 6:08 P.M. WITH ALL COUNCILMEMBERS PRESENT. Councilmember Evans said she could not justify spending the bond funds before they are available. Since these bond funds must be spent on the SilverRock property or in that area, a better use would be to improve property that will produce revenue. Given the tight city budget, the amount of infrastructure to be done at SilverRock, the pending State decision, and the unknown outcome of litigation, it is not the right time for the pipeline option. Ms. Evans said she supports the parallel canal option. Councilmember Henderson said the new reality is uncertainty. To be able to move forward in a reasonable way, the city cannot commit funds now to the pipeline option. Ms. Henderson said that she would have voted for the pipeline in the past but times have changed. Councilmember Osborne said that La Quinta always did projects to the highest quality and just because the state is trying to steal $41 million does not mean that the City should reduce expectations for our city. Mr. Osborne said La Quinta is in an extremely difficult position in that the timing with the State case and the bond funds are unknown; but it is known that the pipeline option would add a substantial amount of value to the development of SilverRock. Mr. Osborne's first and foremost concern is to add value and to do the project right the first time so that no one looks back in five years with regret. He said that La Quinta needs to invest in the future as it has always done. Councilmember Franklin said that she appreciates both sides in that value added down the road is worthwhile, but she is not a gambler. Mayor Adolph said his big concern is spending $10 million, but does see the added value Councilmember Osborne mentioned and wonders if they will look back and say they made a mistake. He said he was concerned financially and aesthetically, and disappointed with Meriwether Group for not stepping up to participate in financing the pipeline. Mr. Mayor stated that he has to go with parallel option due to his great concern for the financial situation but hopes the developer has a large landscaping budget to screen the parallel canal. MOTION - A motion was made and seconded by Councilmembers Evans/ Henderson to approve Option 2 -Parallel Canal. Motion passed: ayes 4, noes 1 (Osborne). CITY COUNCIL MINUTES 5 MAY 21, 2013 STUDY SESSION 1. PRELIMINARY FISCAL YEAR 2013/2014 BUDGET City Manager Spevacek, Finance Director Bird, Chris Escobedo - Assistant to City Manager, all Department Directors, Assistant Police Chief Jimenez and Fire Battalion Chief Jodie Gray presented the staff report, which is on file in the City Clerk's Office. After receiving clarification on multiple budget details from staff, Councilmembers provided staff with the following direction: Mayor Adolph expressed concern over the increasing percentage of the budget taken by police and fire services and asked Chief Shouse to pass this concern onto Sheriff Sniff. Councilmember Osborne said that once public safety costs break the 50% mark it is a huge expenditure and the City will have to make drastic changes if these costs reach 60% next year. Councilmember Osborne requested that the $50,000 allocated, but unspent, for Martha's Kitchen capital improvements in FY 2012/13 be reallocated to Coachella Valley Rescue Mission (CVRM) operating budget or if Council desires, split it with Martha's Kitchen. He said that CVRM provides premier homeless services. Mr. Osborne requested that the Investment Advisory Board be asked to examine the benefits of using the services of a professional money manager such as Merrill Lynch. Councilmember Henderson concurred. Councilmember Osborne said that the solution to funding challenges in the future will be agency/organization partnerships between entities such as Fire and Police, schools and recreation districts, etc. He suggested that the city look to partnering with community groups or establish programs similar to adopt -a -park so the high quality of park and field maintenance can remain. The initiation of community collaborations could start at the Community Services Commission. Councilmember Henderson suggested that a column be added to page 5 labeled "Funds from Other Sources." Ms. Henderson requested clarification on the increase in property tax versus no -low property tax on page 12. She proposed examining the addition of one Community Service Officer at $95,000 if the addition of three cannot be funded. Concerning the organizations requesting additional funds, Ms. Henderson said she could not consider increasing Chamber of Commerce funding without first seeing their full budget. CITY COUNCIL MINUTES 6 MAY 21, 2013 Councilmember Osborne said that he was hoping the city could provide some additional funding, although not as much as $32,000, to the Chamber for the July 4th event. Councilmember Evans said that the new budget format, especially the variance column is very helpful. Regarding additional or new grant requests from organizations, Ms. Evans said that the city has a process for funding such requests and they should be provided with applications. Mayor Adolph said he does not want to deplete the positive balance in the 2013/14 budget; he is not supportive of additional funding to groups. Mr. Mayor requested that staff provide him with the rationale for the drop in DIF fees (development impact fees). City Manager Spevacek said that staff would bring to the June 4th meeting, a report on the impact of Council suggestions and options. Councilmember Henderson said to keep in mind the cautions at the bottom of page iv and to consider setting some of the anticipated surplus funds aside. REPORTS AND INFORMATIONAL ITEMS As La Quinta's representative for 2013, Councilmember Evans reported on her participation in the following organizations' meetings: • CVAG CONSERVATION COMMISSION • CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE • GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU As La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organizations' meetings: • ANIMAL CAMPUS COMMISSION • COACHELLA VALLEY ECONOMIC PARTNERSHIP • SUNLINE TRANSIT AGENCY [attended for Mayor Adolph] • CVAG EXECUTIVE COMMITTEE [attended for Mayor Adolph] As La Quinta's representative for 2013, Councilmember Henderson reported on her participation in the following organizations' meetings: • CVAG PUBLIC SAFETY COMMITTEE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION Council received and filed the following reports and minutes. No discussion. • PALM SPRINGS AIRPORT COMMISSION REPORT • PLANNING COMMISSION MINUTES -FEBRUARY 12, 2013 • PLANNING COMMISSION MINUTES -APRIL 9, 2013 CITY COUNCIL MINUTES 7 MAY 21, 2013 • HISTORIC PRESERVATION COMMISSION MINUTES -JANUARY 17, 2013 • HISTORIC PRESERVATION COMMISSION MINUTES -FEBRUARY 21, 2013 • COMMUNITY SERVICES COMMISSION MINUTES - FEBRUARY 1 1 , 2013 • INVESTMENT ADVISORY BOARD MINUTES - APRIL 10, 2013 DEPARTMENT REPORTS 1. CITY MANAGER A. The effort to reach out to La Quinta's representative in the Assembly and Senate offices has been beneficial in that they would like to continue working together on a regular basis, so staff will be pursuing those relationships. B. The meeting with Dr. Rutherford, the Superintendent of Schools, covered a variety of matters including his desire to resurface the two -by -two meetings between the District and the City starting in September. Councilmember Osborne said that he represented the Council in the past and would be glad to do so again. 2. CITY ATTORNEY -None 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR B. SUMMER MEETING SCHEDULE The consensus among Council was to cancel the August 20, 2013 and September 3, 2013 regular meetings. 4. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2013 5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT FOR APRIL 2013 6. PUBLIC WORKS DEPARTMENT A. MONTHLY REPORT FOR APRIL 2013 B. UPDATE ON LA QUINTA RETIREMENT COMMUNITY DUST CONTROL (FINAL PARCEL MAP 36405) MAYOR'S AND COUNCIL MEMBER'S ITEMS Mayor Adolph said that Mr. Nestande and Mr. Perez have been thanked for their efforts at the State level on behalf of the City. Councilmember Franklin reported that she was a judge for the Time Warner Cable essay contest. The top high school winner was from La Quinta High School. Councilmember Evans reported that she was a judge on the Top Women in Business sponsored by Palm Springs Life. In the entrepreneur category, LIVE WELL CLINIC - Dr. Nicole Ortiz, was honored for her success in business and involvement in the community. CITY COUNCIL MINUTES 8 MAY 21, 2013 PUBLJC HEARINGS - None ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Henderson/Franklin to adjourn at 8:50 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 9 MAY 21, 2013 CIT / SA / HA / FA MEETING DATE: June 4, 2013 ITEM TITLE: DEMAND REGISTER DATED JUNE 4, 2013 RECOMMENDED ACTION: Approve Demand Register dated June 4, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEA nT C: Demand of Cash - City $2,953,283.48 - Successor Agency of RDA $ 21,713.32 - Housing Authority $ 0.00 - Housing Authority Commission $ 0.00 BACKGROUND/ANALYSIS: Between City Council meetings, there is a need to pay some routine bills in order to avoid late fees being charged to the City, as well as payroll and related payroll taxes. These items are listed below: Prepaid Warrants: 99580 - 995981 99599 - 996121 Voids} Wire Transfers} QQ 25752 � 257551 P/R Tax Transfers} $151,395.76 $ 30,004.92 $ (2,603.15) $207,630.59 #040-'446-/ 3 $ 41 ,080.62 O x' ald V ' ca nw BnnsJe9 88332 � 884681 $2,395,931.02 $2,974,996.80 In the amounts listed above, there were two void checks - Check Nos. 99189 and 99335. The first one was issued in the amount of $2,499 to Fun Services for the City Picnic. On the day of the picnic they had a problem with the Spacewalk AirJump and instead of paying the original invoice as these types of events are paid for on the day that service is provided, the company decided to issue us a new invoice with a discount for the problem encountered. Check No. 99481 was issued to replace Check No. 99189. Check No. 99335 was voided because finance staff discovered that the payment for this background check was already made. In addition, listed below are the most significant expenditures being paid on the regular demand register: Significant Expenditures: Vendor: Burrtec Waste Riverside Co Sheriff Costco Economic Dev. Agency ALTERNATIVES: �Gm Respectfully submitted, Account #: Amount: Purpose: Various $1,158,578.04 FY12/13 Property Tax Various $854,857.43 Mar -Apr Police Svc. 101-5054-421.44-04 $126,639.56 4th Qtr. Sales Tax 101-3006-451.32-15 $87,500.00 Jan -Jun Museum Report prepared by: Sandra Mancilla, Account Technician Report approved for submission by: Robbeyn Bird, Finance Director Attachments: 1. Wire transfers 2. Demand Register Report CITY OF LA QUINTA SANK TRANSACTIONS 5/15113 - 5/28/13 5/20/13 WIRE TRANSFER - LANDMARK 5/23113 WIRE TRANSFER - PERS 5124/13 WIRE TRANSFER - ICMA 5/24/13 WIRE TRANSFER - PERS 5/24/13 WIRE TRANSFER - LQCEA TOTAL WIRE TRANSFER OUT ATTACHMENT 1 $152,155.19 $2,607.91 $7,984.85 $44,583.64 $299.00 $207,630.59 ATTACHMENT 2 r-4 ri N ! 1 N (• 1 / N O 10 H ri 1D \ e Y J I 1D \p Ln N M 0% M I U Q I ri 1 W H I Ln O Q N 0+ O o r x 0 1 00 NM 10 V M WNQ ! 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W c) 1 w O .J 1 H O'# I C) Ln W !e I O M N U I M w o+ 2 k � mu on O I O+ O Q 1 � z I b W , o 1 0 O 1 0 0 W I L' F I c g o CL I O w I \ qqr o 7 H k 0 r q{ N 1 a w� H 1 F r H I od J I n w H I O M U 1 1 .x a 1 N O LL r M z I 1 M zNm r tt O O 1 k 0 z r �t U O o UH o aFa' " a_ W 1 1 UO , .r N 1 ]C W ]C I 0 pq A a-' 1 o OI LY 3 I T W I V 2 00 U 1 N 1 0 O , 0 7 1 W 1 M O F 1 N R a oW q N pq 1 \ O Nl 1 NU z 1 N N Q Z , \W w O I Ln I F H 1 o X F k U CL 1 O #H I oa NZ z l w a N k CD W W k -se F ILl I pq T4 -ht 4 4a Qum& AGENDA CATEGORY: BUSINESS SESSION: CITY/SA/HA/FA MEETING DATE: J u ne 4, 2 013 CONSENT CALENDAR: 3 ITEM TITLE: REQUEST FOR PROPOSALS FOR ARTWORK AT THE SINALOA AND EISENHOWER STUDY SESSION: ROUNDABOUT PUBLIC HEARING: RECOM MENDED ACTION: Authorize staff to distribute a Request for Proposals to design and install a sculpture in the Sinaloa and Eisenhower roundabout. EXECUTIVE SUMMARY: The City plans to construct a roundabout at the intersection of Calle Sinaloa and Eisenhower Drive. The roundabout will include a pad for public art. FISCAL IMPACT: None at this time. It is anticipated that the art will cost approximately $80,000. If this project is approved by City Council, the Art in Public Places Account has funding for this project in the 2013/2014 budget. BACKGROUND/ANALYSIS- The Request for Proposals (RFP) would solicit artists to design and install a sculpture in the center of the roundabout near the completion of the construction work. The Cove Neighborhood Association has requested a Cahuilla Indian theme to be integrated into the sculpture (Attachment 2). BnnEhrf drys t onmsgd BIi-x Bnt rrbWJF ' t sgn4' cion to distribute the RFP, the following represents how the project is expected to proceed: Proposal Due Date June 27, 2013 Community Services Commission Review of Proposals July 9, 2013 Recommendation to the City Council August 4, 2013 ALTERNATIVES: Do not send out the RFP to place public art in the roundabout at this time. Report prepared by: Edie Hylton, Community Services Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1. Request for Proposals 2. Cove Neighborhood correspondence dated May 14, 2013 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR THE DESIGN AND CONSTRUCTION OF A SCULPTURE AT THE SINALOA AND EISENHOWER ROUNDABOUT The City of La Quinta is requesting proposals from qualified individuals to provide an originally designed sculpture to be installed in the center of a City -ow ned roundabout located at the intersection of Calle Sinaloa and Eisenhower Drive in the Historic La Quinta Cove. This proposal will include design, construction, construction management, and materials. A site plan and details of the roundabout and the area location is included. PROPOSAL - Applicants are encouraged to keep their proposals brief and relevant to the specific rdgalbdr gopt IIIc- Sgd Bloc g' r rds' rlcd ' at cf dsengsgd =6t qr dx 11 ocpidbs ITrbk c1rf + but not limited to: Design, plans, estimate, professional services, permits, approvals, any and all meetings, and full construction of an original art sculpture that fits with the scale and design of the roundabout. For this proposal, the artwork is defined as follows: =No Iri k cdrff mdc rbt lost co 111 d' nT ' m' cpoldbd sg' sg' r addmcdrff mdc ax 'm individual that is recognized as an Artist. The artwork must be structurally sound in order to withstand the natural elements with little maintenance, and in scale to the structure on which it is placed. The artwork includes, but is not limited to: design and construction of original artwork appropriate for a City street intersection. A plan of the proposed site is included in the packet. The location of this artwork in is the Historic La Quinta Cove. The La Quinta Cove is one of the first residential areas in the City. Additional items specific to the Cove can be viewed on the La Quinta Cove Neighborhood Website at www.laquintacove.org, which demonstrates the unique homes and landscapes of the community. The Cove Neighborhood Association has requested that the artwork be representative of the ' co' JF t ntpt d gITsnq ' rrc ITrbncpnq sd ' B' g hk htch mrbt lost co - Ten copies of the proposal shall be submitted and should include the project approach, project schedule, construction team (including all professional and construction companies involved), and a listing of similar projects with references that are relevant to this type of work. In a separate sealed envelope, applicants must submit a cost breakdown for each item and phase of the proposed work. SELECTION PROCESS: The Commission will rank the recommendec ocponr' Ic a' rdc t onm sgd ' q�rsJF experience, approach to the project, project schedule, qualifications, written proposal, and verbal presentation to the Community Services Commission. It is anticipated that interviews will be conducted on July 8, 2013 at 5:30 p.m. Artists will be encouraged to bring a maquette or rendering of the proposed artwork. Upon Community Services Commission review, a recommendation will be forwarded for City Council consideration at the August 6, 2013 City Council meeting. The successful artist will be expected to enter into an Art Purchase Agreement. ANTICIPATED PROJECT TIMELINE 2013: Request for Proposal Due Date June 27, 2013 Community Services Commission Review July 8, 2013 City Council Consideration August 6, 2013 CITY RIGHTS AND OPTIONS: This solicitation does not commit the City to award a contract, to pay any cost incurred with the preparation of services of a qualifications statement, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all submittals received in response to the request, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective artists may be required to submit revisions to their statements. All artists submitting proposals should note that any contract pursuant to this solicitation is dependent upon the recommendation of City staff and the approval of City Council. The City reserves the right to postpone selection for its own convenience, to withdraw the Request for Proposals (RFP) at any time and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City reserves the right that specific personnel with specific expertise be added to the team if the City determines that the specific expertise is lacking in the project team. The City reserves the right to abandon the RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or bg' of d v nt Ic ad hnn sgd BIi-x* adrs Wsdglrs- h#i sgd dudrrs ne ' m ' a' rrcnni drys nq change, the City will not be liable to the Artist for any costs or damages arising out of its response to the RFP. The request to receive proposals will close at 5:00 p.m. on June 27, 2013. The proposal packages are to be delivered to: City of La Quinta Community Services Department 78495 Calle Tampico La Quinta, CA 92253 Proposals will be addressed to the attention of Edie Hylton, Community Services Director. Please contact (760) 777-7032 or ehylton@la-quinta.org for more information. wee �"b�60016 FS �I UW7 Mi, m. fi�Y I Yo g 5s ase d tea? i t g9 I, 1p momR" �Ia p W W �m ,a h° � 14 t 7 i 1y \ a S } _1 f (➢Z aA _� 5- \ / zW om U, M J s UW7 Mi, m. fi�Y I Yo g 5s ase d tea? i t g9 I, 1p momR" �Ia p ,a � 14 t 7 i UW7 Mi, m. fi�Y I Yo g 5s ase d tea? i t g9 I I L � x i I , ■ I I ■ X? ■ I � � log �d9 _ L ■ 1 M9S �C13ldaoi Z o_ � � �gI lol I I I I L � x i I , ■ ■ X? ■ I � � log �d9 _ L ■ 1 M9S Z I� I I.. 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O IC L 43 �w W zu Ma r 0 � y o 21 WW W' O '� 11f ZFYO p0 UZ wOa (ice i °r�,iL' WOO mwJ \ S4 �rco sl". to o I, O O I a d ° a fu N a° p 14 0a �o oa o a rc Mu3 aur <�a E -,W °Y I: w zi w w w w� 1 L" s 3 wo1 0 —1 wb C\1_ r g s, ,F C 71 a - 1 - (y��r,�"37G1d-Ni l'J31o2Jd — t� f-l3i't40N1V9S1.9 LLJ O w W J a DO t - OcZn w w z - 3IHOh� 3O I � rw> W cri e a o� m %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, ATTACHMENT 2 May 14, 2013 Mayor and City Council La Quinta City Hall 75-495 Calle Tampico La Quinta, CA 92253 Dear Mayor and City Council Members: The approval of a bid for the Eisenhower -Calle Sinaloa intersection roundabout creates the opportunity for the city to include a piece of public art in the center of the structure. The Cove Neighborhood Association wishes to encourage the city to pursue this civic improvement project and the art piece that should accompany it. We understand that the purchase, installation, and maintenance of a public art piece in that location would come from Art in Public Places funds already set aside for such civic improvement projects. The Cove Neighborhood Association steering committee recommends that a piece representing the historic or pre -historic past of the La Quinta Cove be chosen. Given that the Cove holds a special place in Cahuilla lore we believe particular attention should be given to art that incorporates a Native American theme, particularly a Cahuilla theme. Members of the Cove Neighborhood Association stand ready to assist the city and other interested citizens in the selection of this very visible and important public art piece. Sincerely, Cove Neighborhood Association Steering Committee a� o CITY/ SA / HA / FA MEETING DATE: June 4, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: CONTRACT TO CONSTRUCT CONSENT CALENDAR: 4 SILVERROCK RESORT PARKING LOT ADA I M PROV EM EN TS, PROJ ECT N O. 2 012 -09 STUDY SESSION: 101111p[fl:IW.11aWI RECOMMENDED ACTION: Award a contract to B.W. Simmons Inc., in the amount of $45,912, to construct the SilverRock Resort Parking Lot ADA Improvements, Project No. 2012-09. EXECUTIVE SUMMARY: • The existing parking lot at the SilverRock Clubhouse does not have enough disabled parking to comply with the Americans with Disabilities Act (ADA). • This project will entail reconfiguring parking stalls and curb ramps in order to bring this facility into ADA compliance. • Staff recommends this contract be awarded to B.W. Simmons, Inc., of Calimesa, California, who submitted the lowest responsive bid. FISCAL IMPACT: Project costs are underwritten with Quimby funds in the amount of $64,048. Of this amount, $45,912 will be used for this construction contract and the balance will be used to cover soft costs (e.g. design, inspection, testing, survey, and contingency). BACKGROUND/ANALYSIS: The number of existing ADA compliant parking stalls does not meet standards based on the total number of parking spaces. The proposed work includes reconfiguring six of the existing regular stalls in order to provide three additional ADA compliant parking stalls. This will involve reworking the accessible curb ramps, signing and striping the new stalls, as well as minor grading to address non ADA compliant cross slopes within the new ADA compliant parking stalls. On April 16, 2013, City Council appropriated unassigned Quimby funds in the amount of $64,048, approved the plans, specifications and engineer's estimate, and authorized staff to advertise the SilverRock Resort Parking Lot ADA Improvements for bid. On May 16, 2013, three sealed bids were received. A detailed bid comparison summary is attached (Attachment 1). B.W. Simmons, Inc. submitted the lowest bid in the amount of $45,912. Only one local contractor, Golden Valley Construction of Indio, submitted a bid for this project. However, Golden Valley Construction's bid was higher than the lowest responsive bid; and, therefore was not recommended for award of this project. Based on this bid, the following is the project budget: Construction $45,912 Design $ 4,591 Inspection, Testing & Survey $ 4,400 Contingency $ 9,145 Total $64,048 Contingent upon City Council's approval to award a contract on June 4, 2013, the following is the anticipated project schedule: Project Aw and Sign Contract/Mobilize Construction (30 working days) Accept Improvements ALTERNATIVES: June 4, 2013 June 5, 2013 - July 1, 2013 July 2013 - August 2013 August 2013 Since the City has received complaints about the lack of adequate ADA compliant parking at the SilverRock Clubhouse, staff does not recommend alternative action. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. 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COO N N N N 43) N C\ C\ C\r CQ Ch (O (O V IDA 1,7- Ch N O R C K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 r%i 64169"(14164164164 (14164, (14164 (14 (14 >�88888088�88880 N v O 0Op O O O O 00000 0 O O O O 00 O 0 8088 O 0 O O ggpOp pOp pOp gO8pOp pOp pOp pOp mNN 00 V B 08LOLO �Op Q r C 0 (V 0 l!7 l!7 (V 08 Ch 00 N - 00 0 (V vv � Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 Ef3 �? ATTACHMENT 80008800008008 0p 0N 8 0 'a p 8 O p 8 N p 8 00 N 00 0 O p N 000 8 m COO l!, 8 00 p 0 N 0 p0p s O p 8 O— N N d04 O a .a V C\ C\ CQ CQ CO (O (O CO IDA 1,7- V V Lo- oNri R a K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 r%i N v O 0Op O O O O 00000 0 O O O O 00 O 0 000 O 0 O O pOp pOp pOp pOp pOp pOp pOp pOp NO �Op r O N 00 00 N 00 Il- 0) C V (V (V Cfl 1- V � K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 �? ATTACHMENT v O M 7 7 W M 10 .a CQ CQ CQ (O (O 0? IDA 1,7- 0? 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O m m H H H m H m Ll- N 00 co (O C A N N N N N N N 0? N N 8 O N W ~ _l4 N w Y yW w L7 0- 7) W x VVV 00 U Z~ w xk ~ D LLJ Wrn U m w D wtt LL > �d O D c� H H p 00 � p0p ww N (j Jm J 2 H (p , O O A op `5` 9 9 00 00 a D g= 00 0- ai ai U m m x o o W x m o o LY U) x w z 0 p a w w w 4 o LL U)i W� W- LL 0_ O! 'i W ii O>>>>>> 0 0 0 D o O o 00 P w X LL DO p 0 o m W u > m 00 W > rn > rn > rn > rn > rn > c U) _. x > m W U m F z z o 0 0 0 0 0 W 0> O z D w LL LL 0 LL x0 c H G Z E N M 7 Lo m r- W m N N N N N N N N P ATTACHMENT la��u.�vctc�,c G� OF9 CITY/ SA / HA /FA MEETING DATE: June 4, 2013 ITEM TITLE: CONTRACT WITH KIRKPATRICK LANDSCAPE SERVICES, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE, PROJECT NO. LMC 2012-11 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: b STUDY SESSION: PUBLIC HEARING: Award a contract to Kirkpatrick Landscape Services, Inc., in the amount of $419,925.38, for Citywide Landscape Maintenance, Project No. LMC 2012-11. EXECUTIVE SUM MARY - The Citywide landscape contract provides landscape maintenance for all public medians, parkways and retention areas in order to provide safe and aesthetically pleasing streetscapes throughout the City. • The City Council approved specifications and bid documents for this project, and authorized staff to advertise it for bid on April 2, 2013. • Bids were opened on May 9, 2013, and staff recommends the contract for this work be awarded to the low bidder, Kirkpatrick Landscape Services, Inc. of Indio, California. FISCAL IMPACT - The total contract sum of $419,925.38 is at cf dsdc hnn sgd Bfvc4 EfTb' k Xd' q 2013/2014 Budget (Landscape and Lighting Contract Maintenance account). BACKGROUND/ANALYSIS: The Citywide landscape maintenance program provides for daily, weekly and monthly I ' W-Edni rrbd ne' WR rrcrb' odc ' co' r lib' sdc v lighnsgd BlicJF 0 gs,ngv ' x- Sdrd(: g' r addmsgd BlucJF R nurb' od bnnwactor since 2009. Their current contract amount for Citywide landscape maintenance services is $383,896. During the past two years, the City has reduced the original contract by 15 percent to reduce expenditures. Teserra has declined a fourth extension citing increased costs that ogoudrrs sgdl ecpl adlnf ' akl sn gnrmgsgd BlucJF goulTdc bnrrscj bs ogbdr- On May 9, 2013, three sealed bids were received for the project, including a bid from Teserra at a higher amount than their current contract. The bid comparisons are as follows: BIDDER Kirkpatrick Landscape Services, Inc. Teserra Vintage Associates, Inc. BID AMOUNT $419,925.38 $430,276.00 $610,814.00 Kirkpatrick Landscape Services, Inc. submitted the lowest bid and has past city experience; therefore, staff recommends that Kirkpatrick be awarded the contract for this project. The contract duration will be for one year, July 1, 2013 through June 30, 2014. The contract will allow for four, one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2017/2018 at the BlT.XJF clTbgostnm le sgd bnasq bsnq performs in a satisfactory manner. The contract may be terminated with 30 -day notice to the contractor. ALTERNATIVES: Given the lack of bidders for this type of work, staff believes this to be a competitive price and therefore does not recommend alternative action. Report prepared by: James Lindsey, Maintenance Manager Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer CITY/ SA / HA /FA MEETING DATE: June 4, 2013 ITEM TITLE: PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO OBTAIN BIDS TO REPLACE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM (HVAC) 3 AT CITY HALL RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate, and authorize staff to obtain bids to replace HVAC System 3. EXECUTIVE SUMMARY: • The City's Council Chamber and adjoining offices are heated and cooled by a 50 -ton capacity system (HVAC System 3). This system was installed when City Hall was constructed in 1993. • The HVAC System 3 is beginning to fail and must be replaced. FISCAL IMPACT: The engineer's estimate to replace the HVAC System 3 is $44,200. The Equipment Replacement Fund contained in the City's Fiscal Year 2013/2014 through 2017/2018 Capital Improvement Program includes a budget of $50,000 to replace this system. BACKGROUND/ANALYSIS: City Hall was constructed in 1993 and an additional administration wing was added to the west side in 2008. The HVAC systems, including the HVAC System 3 that serves the council chambers, adjoining offices, and connecting hallways, were installed as part of the 1993 construction. These systems typically have a service life of approximately 20 years. In order to proactively address the replacement of these critical systems, the City Council established a Citywide Preventative Maintenance Plan as part of its Fiscal Year 2013/2014 Capital Improvement Program. This annual maintenance plan is funded at $50,000 per year from the City's Equipment Replacement Fund. The plans, specifications, and estimates (PS&E) to replace the HVAC System 3 are 75 percent complete. It is anticipated that the PS&E will be finalized on or about June 7, 2013. Given that HVAC System 3 is failing and that the City Council is not scheduled to meet in late August or early September, staff recommends that the City Council approve the PS&E and authorize staff to obtain bids by July 3, 2013. Contingent upon City Council's approval to advertise on June 4, 2013, the following is the anticipated project schedule: Project Advertisement (21 Calendar Days) June 10, 2013 - July 3, 2013 Project Aw and July 16, 2013 Sign Contract/Mobilize July 16, 2013 - July 31, 2013 Construction (30 working days) August 2013 - September 2013 Accept Improvements October 2013 ALTERNATIVES: In order to expedite the installation of the new HVAC system, no alternative actions are recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer a� o CITY/ SA / HA / FA MEETING DATE: June 4, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: CONTRACT TO CONSTRUCT CALLE SINALOA AND AVENUE 52 SIDEWALK INFILL CONSENT CALENDAR: IMPROVEMENTS, PROJECT NO. 2 012 -08 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Award a contract to Golden Valley Construction, in the amount of $138,126, to construct the Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements, Project No. 2012-08. EXECUTIVE SUMMARY: • The proposed improvements are located on Calle Sinaloa and Avenue 52, between Eisenhower Drive and Desert Club Drive, and include constructing Americans with Disabilities Act (ADA) compliant sidewalk, curb ramps and driveway approaches on the north and south sides of the street. • Completion of this project will provide an additional route for school children to get from the Cove to the Village Area. • Golden Valley Construction, a Coachella Valley construction company, submitted the lowest bid in the amount of $138,126. FISCAL IMPACT: Project costs are underwritten with Community Development Block Grant (CDBG) funds in the amount of $255,722. Of this amount, $138,126 will be used for construction and the balance will be used to cover soft costs (e.g. design, inspection, testing, survey, and contingency). CHARTER CITY IMPLICATIONS: The project is 100% funded with Federal CDBG funds administered through the County of Riverside. As such, the project is subject to prevailing wage requirements. BACKGROUND/ANALYSIS: The City's CDBG funds are designated for improvements that benefit low- and moderate -income residents within the La Quinta Village and the immediate vicinity. The proposed improvements include constructing curb adjacent sidewalk and new ADA -compliant curb ramps, and upgrading existing curb ramps and driveways to current ADA standards. All improvements will be constructed within the City's existing right-of-way along the north side of Calle Sinaloa and Avenue 52. On May 16, 2013, three sealed bids were received. A detailed bid comparison summary is provided as Attachment 1. Located in Indio, California, Golden Valley Construction submitted the lowest bid in the amount of $138,126. Based on this bid the following is the project budget: Construction $138,126 Design $ 25,500 Inspection, Testing & Survey $ 25,000 Administration: $ 12,800 Contingency $ 54,296 Total $255,722 Contingent upon City Council's approval to award a contact on June 4, 2013, the following is the anticipated project schedule: Project Aw and Sign Contract/Mobilize Construction (30 working days) Accept Improvements ALTERNATIVES: June 4, 2013 June 5, 2013 - July 1, 2013 July 2013 - August 2013 August 2013 Since the City must spend these funds on capital improvements in this geographic area, staff does not recommend any alternative to this action. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. 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ACCEPTANCE OF ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL CONSENT CALENDAR: MAP NO. 31143, DUNES BUSINESS PARK, THE STUDY SESSION: _ DUNES BUSINESS PARK, LLC PUBLIC HEARING: RECOMMENDED ACTION: Accept the on-site improvements associated with Parcel Map No. 31143, Dunes Business Park; authorize staff to release the performance securities; and direct staff to release the labor and materials security 90 days later. EXECUTIVE SUMMARY: • The developer of the Dunes Business Park has completed all obligations of the On-site Subdivision Improvement Agreement associated with Parcel Map No. 31 143 and has requested release of the securities. • Staff has verified satisfactory completion of these improvements and therefore recommends acceptance of the on-site improvements. FISCAL IMPACT: None. No public improvements will be accepted with this action. BACKGROUND/ANALYSIS: Dunes Business Park is located north of Highway 111 and west of Jefferson Street (Attachment 1). The on-site improvements include asphalt concrete pavement, curb and gutter, curb ramps, sidewalk, storm drain, catch basins, potable water and sewer improvements, fencing, landscaping, signing, striping, and survey monumentation. Staff has reviewed the improvements and verified they meet City standards. ALTERNATIVES: Acceptance of these improvements is a ministerial action necessary for the release of the on-site improvement securities. The labor and material securities will only be released provided that no claims have been filed with the City for this work. Therefore, staff does not recommend any alternatives to the recommended action. Report prepared by: Edward J. Wimmer, P.E., Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. Vicinity Map ATTACHMENT 1 PM 31143 D U N ES BU 9 N ESS PARK MILES AVE WESTWARD HO HWY. 111 Q o t o TO AVENUE 47 SITE 0 v AVENUE 48 z o z � = w cn u- LL - AVENUE 50 VICINITY MAP OP U!UP !TDBIVF i CITY/ SA / HA/ FA MEETING DATE: June 4, 2013 ITEM TITLE: RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF-SITE AND ON-SITE IMPROVEMENTS FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC RECOMMENDED ACTION: Ex" DIU 17VfLT4 Y 01061:1T BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 101HaV"soIW.11aVIM 9 Adopt a Resolution to extend the time for completion of the off-site and on-site improvements for Parcel Map No. 33954, Phoenix Row III, LLC. EXECUTIVE SUMMARY: • The developer, Phoenix Row III, LLC, requests a fifth one-year time extension of the Subdivision Improvement Agreements to complete the off-site and on-site improvements. • The on-site improvements are not necessary at this time. Staff has not received any requests from residents for the off-site improvements and therefore recommends approval of this time extension. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Parcel Map No. 33954 consists of three parcels located north of Calle Amigo and east of Avenida Bermudas (Attachment 1). In a letter dated May 9, 2013 (Attachment 2), the developer requests an additional time extension due to adverse economic conditions. The developer anticipates commencing this project when the economic climate improves. The off-site improvements include installing water and sewer connections as well as constructing sidewalk along the project frontage on Calle Amigo. The attached resolution would allow for an extension to June 12, 2014. ALTERNATIVES: Deny the request and stipulate that the off-site improvements be constructed by a certain date, determined by the City Council, as a condition of any time extension. If the City Council would like to pursue this option, staff will prepare a conditional time extension resolution for City Council's consideration for the next scheduled meeting. Report prepared by: Edward J. Wimmer, P.E., Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Letter from Francis La Branche, Jr. RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF-SITE AND ON-SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENTS TO JUNE 12, 2014 FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 12, 2013, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The time for the completion of the off-site and on-site improvements as required by the approved SIA is extended to June 12, 2014. SECTION 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 12, 2014. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. SECTION 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2013 - Parcel Map No. 33954, Phoenix Row III, LLC Adopted: June 4, 2013 Page 2 SECTION 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Parcel m a p n o. 33954 CALLE HIDALGO SITE AVENIDA SINALOA ATTACHMENT 1 CALLE I TAMPICO w U) > Q OC C1 CK AVENIDA LA w Co Q m o � J U W Q CALLE BARCELONA w CALLE a AMIGO AVENUE FONDA VICINITY MAP OP U!UP !TDBIVF ATTACHMENT 2 MD MAY 16 ?,"j3 PUBLIC WORKS 25 Bay Street Northfield, NH 03276 May 9,2013 Timothy Jonasson, P.E. . Public Works Director, City Engineer La Quinta CA 92247-1504 Dear Mr. Jonasson, The purpose of this letter is to request an extension of a subdivision improvement agreement for off-site and on-site improvements for parcel map 33954, due to continuing adverse economic conditions: I anticipate commencing and completing this project when.the economic climate improves in the future: Sincerely yours, Francis La Branche, Jr. Manager a� o CITY / SA / HA / FA MEETING DATE: June 4, 2013 ITEM TITLE: PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISEMENT FOR BID FOR INTERSECTION IMPROVEMENTS LOCATED AT HIGHWAY 111 AND WASHINGTON STREET, PROJECT NO. 2 01 1-01 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate, and authorize staff to advertise for bids to improve the Highway 1 1 1 and Washington Street intersection. EXECUTIVE SUMMARY: • This project will add left -turn lanes and dedicated right -turn lanes. • These improvements were recommended by the City's 2010 Washington Street @ Highway 111 Transportation Systems Management/Transportation Demand Management Corridor Study to improve the level of service of this intersection. • Upon City Council approval, this project will be advertised for construction bids, with an award recommendation presented in July 2013. FISCAL IMPACT: None for this action. The project is underwritten with a mixture of local, regional and state funding and is expected to cost approximately $776,644. The local share of $128,325 will come from the City's General Fund as approved in the Fiscal Year 2011/2012 Capital Improvement Program (CIP). CHARTER CITY IMPLICATIONS: The project utilizes regional funds; therefore, it is subject to prevailing wage requirements. BACKGROUND/ANALYSIS: The proposed improvements were first recommended by the City's 2010 Washington Street @ Highway 111 Transportation Systems Management/ Transportation Demand Management Corridor Study, which will modify the intersection at Highway 111 and Washington Street in an attempt to achieve a level of service "E" or better during the peak hour, at peak season through 2025. The intersection is currently operating at level of service "F" during the weekday peak hour, even during off season (Attachment 1 provides level of service explanation). The project specifications and bid documents are complete and available for review in the City's Public Works Department. This project will cost approximately $776,644, with $128,325 coming from the General Fund, which was previously approved by the Fiscal Year 2011/2012 CIP. The balance of the funding is being provided by the Coachella Valley Association of Governments (CVAG) with a mixture of Regional Arterial Program Funds and State Proposition 1 B State Local Partnership Program (SLPP) funds. The CVAG funding contribution is typically limited to 75 percent of the cost of the project. In this case, CVAG was able to obtain State Proposition 1B SLPP funds for the construction phase. The SLPP funds will match the CVAG controlled Measure "A" funds expended for construction, and may result in a cost savings to both the City (local share) and CVAG (regional share). The project has been submitted for California Transportation Commission (CTC) approval and will be considered on June 11, 2013. Contingent upon City Council's approval and authorization to advertise the project on June 4, 2013, the following is the proposed project schedule: Project Advertisement Project Aw and Sign Contract/Mobilize Construction (60 working days) Accept Improvements ALTERNATIVES: June 5, 2013 - July 3, 2013 July 16, 2013 July 17, 2013 - July 31, 2013 August 2013 - October 2013 November 2013 In order to take advantage of the grant funding, it is necessary that the project be advertised now. Therefore, no alternative actions are recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. Table of level of service definitions ATTACHMENT 1 Ibt li UdI n O ufl` d, fl ul fl IILvezN N II.Dgd N ,ltd qp bqpoN..II.. V d: III q NII"QIDJIDW: III f od)),,UU IIVu,..II.. z! Tables 2 and 3 indicate the ranges in the amounts of average stop time delay for a vehicle at signalized and unsignalized intersections for the various levels of service ranging from LOS "A" to "F". Existing intersection geometrics are shown in Figure 4a through 4d. Intersection LOS results are displayed in Table 4 and shown graphically in Figures 5a through 5d. Appendix D provides a set of SYNCHRO worksheets for all Study Area intersections and identifies results of the intersection LOS analysis. LBC W!3 Tj ho" f e!.bLf st f dgpot ! Nf \Af dpdTf s4df !Ef goj gpot ! )3111!1 jhi xbz!Dbgt4Lz!Nbovbrfl 2-8 Inn. AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: June 4, 2013 BUSINESS SESSION: Z CONSENT CALENDAR: ITEM TITLE: COMMUNITY SERVICES COMM ISSION WORK PLAN FOR FISCAL YEAR 2013/2014 STUDY SESSION: PUBLIC HEARING: RECOM MENDED ACTION: Approve the Community Services Commission Work Plan for Fiscal Year 2013/2014. EXECUTIVE SUMMARY: Each year the Community Services Col I ITrinm'=Bnl I ITrfnmll( ocoo' cor ' V nq Plan to outline the projects, programs and services they wish to focus on in the upcoming year. FISCAL IMPACT: Fiscal implications are included in the proposed Fiscal Year 2013/2014 budget. Commitments include $39,000 for the Community Services Marketing Plan and $40,000 for Community Events. BACKGROUND/ANALYSIS: On May 13, 2013, the Commission approved the 2013/2014 Work Plan (Attachment 1) for City Council consideration. The Work Plan contains tasks aligned with specific responsibilities for the Commission in the Municipal Code. These tasks are listed on page two of the Work Plan and outlined as follows: Marketing Plan The Commission will review the Community Services marketing plan and identify program effectiveness based on participation levels, class cancellation rates, surveys, and suggest improvements to the pR n} SgIT oR m IT ' rdf I drys ne BIiExJF Marketing Plan and promotes the Healthy Eating Active Living Campaign, the Humana Well -Being Events, and the Fourth of July Parade and Celebration. Planning and Development The Commission will: 1) review proposed park and recreation facility development and renovation; 2) review renovation and expansion plans for the La Quinta Center (senior) and the expansion of the Fritz Burns Pool; and 3) analyze citywide recreation facility needs. Liaison to the Community The Commission will invite non-profit service providers to their meetings to inform them of services available to the community. Recipients of Community Service Grants will be invited to attend Commission meetings to communicate about City supported programs and services. Community Events Community Events include: Nature Hikes, Christmas Tree Lighting Ceremony, Humana Well Being Events, Tails on Trails, Easter Egg Hunt, Community Picnic and Birthday Party, Moonlight Movies, Fourth of July Parade and Celebration, and Resident Acknowledgements. Park Management Program The Commission will provide input on existing park conditions and make comments to staff regarding ongoing park and trail management, maintenance and repair and replacement. The new Adopt -A -Park program will be continued and sports field maintenance will be evaluated. Advisory Body to the City Council The Commission will review issues related to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide annual work plan for City Council review. Art in Public Places As outlined in the Art in Public Places Strategic Plan, the Commission will 1) review the proposed artwork in relationship to the site and scale with consideration given to diversity of artists, art work, and proposed budget; 2) continue the preventive maintenance program for public art based upon the maintenance requirements of each piece; and 3) support and promote cultural offerings held in the City. ALTERNATIVES: Approve the Community Services Commission Work Plan with modifications. Report prepared by: Edie Hylton, Community Services Director Report approved for submission by: Frank Spevacek, City Manager Attachment: 1. Community Services Commission 2013/2014 Work Plan DP N N VOJLY. 'T F SWJD F'T pq t(VQa it &(V GEM of the DESERT BUUBUI WW 2 Dis c o0 „ir Qa t ta COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation, cultural arts, and community services; ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort; ♦ To evaluate the effectiveness of services provided. ASSIGNMENT ITEMS: PAGE 2013/2014 Specific Goals and Objectives 2 Marketing Plan 3 Planning and Development 4 Liaison to the Community 5 Community Events 6 Park Management Program 7 Advisory Body to City Council 8 Art in Public Places 9 Page 1 of 9 2013/2014 Specific Goals and Objectives ASSIGNMENT ITEMS GOALS AND OBJECTIVES Marketing Plan Review and update the Community Services Marketing Plan for implementation by staff. Planning and Development Review proposed park and recreation capital improvements. Liaison To Community Invite local service providers to attend Commission meetings to describe services available to residents. Community Events Host citywide events at various locations throughout the year. Collaborate with other community groups and non- profit organizations to maximize resources. Park Management Plan Monitor the park management plan for preventive maintenance and management of existing public park facilities. Advisory Body to City Council Review issues relating to Community Services and takes action as directed from City Council; maintain communication with City Council; and provide annual work plan for City Council review. Art in Public Places Continue to support the preventative maintenance program based upon the specific needs of each art piece. T sWd sg d @#Y s* Qd f IT scgc ecpI sg d K P t Irrs @pr Foundation in future projects. Page 2 of 9 Task: Completion Date: Participants: Suggested Resources: Marketing Plan September 2013 Commissioners Community Services staff. Steps to Completion: The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, class cancellation rates, surveys, and suggest improvements to the plan. This o m IT hnn b n n cp Ini sfnm v fig sgd BlixJF L ' q d§rf CR rr- Promote the Healthy Eating Active Living (HEAL) campaign, and city wide special events and programs. Staff Time: 60 hours during marketing plan development and implementation. Fiscal Commitment: $39,000 plus staff time Staff Role: Provide information and implement the plan. City Council Role: Provide direction to Commission to fulfill this assignment. Reference: 2.95.040 (9): Make recommendations to the City Council on how to disseminate, publicize, and promote recreation programs and events to the citizens of La Quinta. Page 3 of 9 Task: Planning and Development Completion Date: On-going Participants: Commissioners. Staff and User Groups, if needed. Suggested Resources: La Quinta Comprehensive General Plan. Steps to Completion: The Commission will review proposed park and recreation facility development or renovation. The Commission will review plans for La Quinta Senior Center renovation expansion and renovation and the Fritz Burns Pool expansion project. Staff Time: 30-40 hours per project depending on scope of project. Fiscal Commitment: Dependent upon the park or recreation project Staff Role: Provide support and liaison to the City Council. City Council Role: Include the Commission in the design and development process and conduct public hearings. Review and consider Commission recommendations. Reference: 2.95.040 (5): Serve as a public forum and conduct public hearings. (11)- Review individual park and facility plans for recommendation to City Council. Page 4 of 9 Task: Liaison to the Community Completion Date: On-going Participants: Commissioners Suggested Resources: Collaborate with government agencies and area non- profits such as La Quinta Boys and Girls Club, Desert Recreation District, YMCA of the Desert, La Quinta Chamber of Commerce, and the La Quinta Arts Foundation. Steps to Completion: Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. Invite recipients of Community Service Grants to attend Commission meetings to communicate about City supported programs and services. Staff Time: Two hours quarterly. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific methods as to how to best represent the City Council. Reference: Chapter 2.95.040 (12): Aid in coordinating the park and recreation services of other governmental agencies and volunteer organizations. (13): Make recommendations to the City Council on community issues. Chapter 2.75.040(6): Work cooperatively with City Boards, Commissions and committees, and other public and private organizations promoting art and cultural activities within the City. Page 5 of 9 Task: Community Events Completion Date: On-going Participants: Commissioners Suggested Resources: Community Resources and local Businesses and non- profit agencies. Steps to Completion: Host citywide events throughout the year. Special Events for Fiscal Year 2013-2014 include: Nature Hikes, Christmas Tree Lighting Ceremony, Humana Well Being Events, Tails on Trails, Desert Youth Olympics and the Y - Tri, Easter Egg Hunt, Community Picnic and Birthday Party, Moonlight Movies, Fourth of July Event, and Resident Acknowledgements. Staff Time: 30 - 40 hours per event. Fiscal Commitment: $40,000 for event development with financial support from outside sponsorships and partners including Humana. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with direction/comment. Reference: Chapter 2.95.040 (15): Recommend to the City Council and upon authorization conduct such programs as, in the opinion of the commission, will increase goodwill and participation among the residents of the community. Page 6 of 9 Task: Park Management Program Completion Date: Summer 2013 Participants: Commissioners Suggested Resources: Various public agencies in the community. Steps to Completion: The Commission will provide staff input to existing park conditions and make comments regarding ongoing park management, maintenance, repair and replacement. Manage the Adopt -A -Park program and evaluate the sports field maintenance plan. Staff Time: Fiscal Commitment: 15 - 20 hours per week. None. Staff Role: Utilize the Coachella Valley Water District water use assessment. Communicate with the local sports associations and residents regarding issues in City owned and maintained parks. City Council Role: Provide approval for Commission to fulfill this assignment. Reference: Chapter 2.95.040 (10): Review parks maintenance standards and quality. Page 7 of 9 Task: Completion Date: Participants: Suggested Resources: Advisory Body to City Council •= Commissioners To Be Determined. Steps to Completion: The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide annual work plan for City Council review. Staff Time: 4 - 6 hours per month. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific direction as to how to better assist the City Council. Provide opportunities to meet with City Council through joint meetings. Reference: Chapter 2.95.020 (A): To serve in an advisory capacity to the City Council to identify community needs for recreation, healthy activities and social services; Chapter 2.95.040 (4): Receive and act on all assignments made by the City Council, and submit reports and recommendations to the city council on these assignments; (5): Serve as a public forum and conduct public hearings for recreation service concerns; Chapter 2.95.060 (C): The City Council shall periodically review the progress of the Commission. Page 8of9 Task: Art in Public Places Completion Date: On-going Participants: Commissioners and staff Suggested Resources: Commissioners, City Council, Developers and La Quinta Arts Foundation and Residents. Steps to Completion: As outlined in the Art in Public Places Strategic Plan Review the proposed artwork in relationship to the site and appropriateness of scale with consideration to diversity of artists, art work, and proposed budget. Continue the art preventive maintenance program based upon the condition of each art piece. Support and promote cultural offerings held in the City. Staff Time: 20 - 30 hours per project. Fiscal Commitment: Funds appropriated from the Art in Public Places Account. Staff Role: Consider site, art piece, and appropriation of funds. City Council Role: Art placement subject to final City Council approval. Reference: Chapter 2.75.040 (12): The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15): The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. Page 9 of 9 CITY/ SA / HA /FA MEETING DATE: June 4 , 2013 AGENDA CATEGORY: BUSINESS SESSION: 2 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONSENT CALENDAR: AUTHORIZING THE ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING STUDY SESSION: BONDS IN TWO SERIES, AND AUTHORIZING PUBLIC HEARING: CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH RECOMMENDED ACTION: Adopt Resolution authorizing the issuance of Subordinate Tax Allocation Refunding Bonds by the Successor Agency to the La Quinta Redevelopment Agency in the approximate amount of $197,575,000 to be issued as 2013 Series A Bonds and 2013 Taxable Series B Bonds and authorizing certain actions in connection therewith. EXECUTIVE SUMMARY: • The former La Quinta Redevelopment Agency (RDA) issued tax allocation bonds in order to advance fund public facility, infrastructure, economic development and affordable housing initiatives. While the RDA no longer exists, the Successor Agency is responsible to fund bond debt service payments until all bonds are repaid (the final payment for the current bonds occurs in 2034). • The current low interest rate environment affords the Successor Agency the opportunity to refinance $197,575,000 of the formdq QCs 1998, 2001, 2002, 2003 and 2004 bonds. The resulting interest cost savings would reduce annual debt service by $1,200,000. The projected total cost savings would be $22,000,000 over the next 20 years. The bond payment date and final maturity date (2034) will stay the same; the outstanding bond principal amount will be reduced by approximately $5 million. • The school districts, County, City and other taxing agencies would benefit by receiving the property tax revenue that would otherwise be used for bond debt service. • Refinancing these bonds at one time reduces issuance costs, which also increases the property tax revenue distributed to the taxing agencies. FISCAL IMPACT: The overall estimated savings of approximately $1.2 million annually or $22,000,000 over twenty years is calculated after all costs associated with the issuance of the refunding bonds have been paid. These costs have been conservatively estimated at $4.3 million, which includes bond insurance, surety bond fee, and legal and consultant costs. BACKGROUND AND OVERVIEW Starting in 1985, the former RDA issued tax allocation bonds to raise capital to invest in infrastructure, public facility, economic development and affordable housing initiatives. Infrastructure projects included the Cove retention basin and flood control improvements, Cove curb, gutter, street and water/sewer improvements, Whitewater Channel improvements, and Highway 111 improvements. Tax allocation bond proceeds were also used to fund SilverRock property acquisition and development, affordable housing development and economic development initiatives. Bond debt service payments are funded by property tax revenue. When the former RDA was eliminated in February 2012, the Successor Agency to the RDA assumed responsibility to ensure these debt service payments are made. These payments are classified as enforceable obligations and are tracked on the Recognized Obligation Payment Schedule (ROPS), with payments authorized twice annually. The California Health and Safety Code (HSC) authorizes the Successor Agency to undertake proceedings for the refinancing of outstanding bonds and other obligations of the RDA, subject to the conditions contained in HSC §34177.5. The proposed refinancing would achieve these conditions. If the Successor Agency elects to proceed with the refinancing, the approval authority resides with the Oversight Board and the Department of Finance. The tax allocation bonds that would be refinanced are those issued in 1998, 2001, 2002, 2003, and 2004. These bonds were used for a variety of projects, with $120 million allocated to finance capital projects in RDA Project Areas 1 and 2, and the remaining $78 million used to low and moderate income housing preservation and development. The current low interest rate environment affords the opportunity to lower the annual bond payments by $1.2 million; the lower interest rates would also reduce the interest cost associated with these bonds. Lowering annual bond payments reduces the amount of property tax revenue allocated for this purpose. The revenue that is no longer needed for annual bond payments would then be distributed to taxing agencies. The $22 million projected savings over 20 years, if unencumbered by recognized obligations, will benefit the taxing agencies with approximately $14 million going to schools, $5 million to Riverside County, $1.6 million to the water district, $1.2 million to the City, and $600,000 to recreation and parks. It is anticipated that the refinancing will be split into two series of bonds. The 2013 Series A Bonds will be issued as Federally tax-exempt and the 2013 Series B Bonds will be issued as Federally taxable. The tax status on the bonds is determined by how the proceeds of the previous bonds were spent and Federal Tax law and the number of prior refinancings. Interest rates on the bonds are conservatively estimated to range from 2% to 5% with the resulting yields ranging from 0.9% to 4.22% on the tax-exempt series. Current interest rates on the impacted bonds range from 4.5% - 6.44%. Taxable rates are estimated to range from 1.108% to 4.69% with yields the same. ACTIONS: City Resolution: Resolution of the City Council of the City of La Quinta Authorizing the Issuance and Sale of Subordinate Tax Allocation Refunding Bonds in Two Series, and Authorizing Certain Other Actions in Connection Therewith. Successor Agency Resolution: Resolution of the Board of Directors of the Successor Agency to the La Quinta Redevelopment Agency Authorizing the Issuance and Sale of Subordinate Tax Allocation Refunding Bonds in Two Series, Approving the Form of an Indenture of Trust, First Supplemental Indenture of Trust, Official Statement, Bond Purchase Contract, Continuing Disclosure Agreement, Form of Escrow Agreement, and Related Documents and Authorizing Certain Other Actions in Connection Therewith. Financing Authority: Resolution of the Board of Directors of the La Quinta Financing Authority Authorizing the form of an Escrow Agreement and Authorizing Certain Other Actions in Connection Therewith. The attached City and Successor Agency resolutions provide for the following: ✓ Approves the issuance of 2013 Series A Bonds and 2013 Taxable Series B Bonds; ✓ Approves the Preliminary Official Statement; ✓ Approves the form of the Bond Purchase Contract; ✓ Authorizes the Executive Director to establish the final terms of the financing; ✓ Approves the form of the Continuing Disclosure Agreement; ✓ Approves the form of the Escrow Agreement; and ✓ Authorizes the officers of the City and Successor Agency as well as the members of the Governing Bodies to take such actions and execute documents necessary to facilitate the completion of the financings. (Please note that due to the number and length of the documents involved in these bond issue financings, these documents are available in the City Clerk's office for review.) ALTERNATIVES: The alternative to refinancing would be to leave the bonds as they stand. The obligation would remain at the existing higher costs of financing and savings will not be realized. Report prepared by: Amy McCormick, Business Analyst Report approved for submission by: Frank J. Spevacek, Executive Director RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS IN TWO SERIES, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, sgd K Pt frrs� Qdcdudfnol drys @f drrbx 'sgd =O#q @f drrbx 11( v ' r public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers under and pursuant to the provisions of the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) (the =C v 11(+ ' me sgd onv dq- ne sgd K Pt feta Redevelopment Agency included the power to issue Bonds for any of its corporate purposes; and WHEREAS, a Redevelopment Plan for a redevelopment project known and cdrff ni sdc ' r sgd =' Pt IPEQdcdudfiol drys Oglidbs @-P' Mn- 011 g' r addm' cnosdc and approved by Ordinance No. 43 of the City of La Quinta on November 29, 1983, and all requirements of the Law for and precedent to the adoption and approval of the Project Area No. 1 Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, a Redevelopment Plan for a redevelopment project known and cdrff ni sdc ' r sgd =' Pt IPEQdcdudfiol drys Oglidbs @-P' Mn- 111 g' r addm' cnosdc and approved by Ordinance No. 139 of the City of La Quinta on May 16, 1989, and all requirements of the Law for and precedent to the adoption and approval of the Project No. 2 Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, the Prior Agency has previously issued $15,760,000 aggregate principal amount of the La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1, Tax Allocation Refunding Bonds, Series 1998 'sgd X887 Ocpidbs @I' Mn- 0 Annur 11(: ' rrG WHEREAS, the Prior Agency has previously issued $6,750,000 aggregate principal amount of the La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2, Tax Allocation Refunding Bonds, Issue of 1998 'sgd X887 Oglidbs @I' Mn- 1 Annur 11(: ' rrG WHEREAS, the Prior Agency has previously issued $48,000,000 La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1, Tax alb' sfnmAnrrcr+Rdc[dr 100 'sgd 1 / / 0 Oglidbs @IJ' Mn -0 Annrr ll(: ' n -c Resolution No. 2013 - (description) Adopted: (date) Page 2 WHEREAS, the Prior Agency has previously issued $40,000,000 La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1, Tax @nb' s1nmAnrrcr+Rdc[dr 1/ / 1 'sgd =1/ / 1 Ocpidbs Com' Mn- 0 Annrr 11(: ' rrc WHEREAS, the Prior Agency has previously issued $26,400,000 La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1, Tax Allocation Bonds, Taxable Series 2003 (tgd 1 / / 2 Oglidbs Com' Mn- 0 S' w aid An rr , r 11(: ' rric WHEREAS, sgd K Pt frrs Elvi rrbIrf @ sgnqu( 'sgd =@ sgnci(11( nm adg' ie ne the Prior Agency has previously issued $90,000,000 La Quinta Financing @ sgnc*+ Knb' k @f drrbx Qdudnt d Annur+ 1/ / 3 Rdgdr @ 'sgd 1/ / 3 Gnt rIrf Annur 11( ' n -c in' mdc sgd ocpceeds to the Prior Agency pursuant to the terms of a Loan Agreement dated February 3, 2004, as supplemented by a First Supplemental Loan Agreement, dated as of June 0+1/ / 3 'sgd fin' mNakf ' s1nmII(: ' rric WHEREAS, the Prior Agency has previously issued $6,000,000 La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2 Subordinate Taxable Tax Allocation Bonds, Series 2010 'sgd 1 / 00 Oglidbs @TI' Mn- 1 S' w aid An rr , r 11(: ' rric WHEREAS, the Authority on behalf of the Prior Agency has previously issued $28,850,000 La Quinta Financing Authority, Local Agency Subordinate Taxable Qdudnt d Annur+ 1/ 00 Rdgdr @'sgd 1/ 00 S' w aid Gnt rluf Anrrcr 11( ' rric in' n -dc the proceeds to the Prior Agency pursuant to the terms of a loan agreement dated February 3, 2004 and a Second Supplemental Loan Agreement, dated as of March 0+1/ 00 'sgd =1/ 00 Kn' m Nakf ' s1nmII(: ' n -c WHEREAS, the Successor Agency has determined that it is cost effective and efficient to refund and defease, in their entirety, the 1998 Project Area No. 1 Bonds, the 1998 Project Area No. 2 Bonds, the 2001 Project Area No. 1 Bonds, the 2002 Project Area No. 1 Bonds, the 2003 Project Area No. 1 Taxable Bonds, and the Loan Obligation in connection with the 2004 Housing Bonds (collectively, sgd =QdEt nudc Anrrcr 11( nm ' rt ancpIri sd a' rIT sn sgd 1/ 00 Ocpidbs @TI' Mn- 1 Taxable Bonds and the 2011 Loan Obligation (collectively, the 2011 Project Area No. 2 Taxable Bonds and the 2011 Loan Nakf ' stnm+-sgd =RdningAnnur 11(: ' n -c WHEREAS, the Successor Agency deems it necessary and proper to issue tax-exempt tax allocation refunding bonds for the purpose of refunding and defeasing the 1998 Project Area No. 1 Bonds, the 1998 Project Area No. 2 Bonds, the 2001 Project Area No. 1 Bonds, the 2002 Project Area No. 1 Bonds, and approximately seventy-five percent (75%) of the Loan Obligation in connection Resolution No. 2013 - (description) Adopted: (date) Page 3 v lig sgd 1/ / 3 Gnt r 1rf Annur 'sgd =QdEt nudc S' w Dtidl os Annur 11( 'W nm' a' r 1T subordinate to the Senior Bonds; and WHEREAS, the Successor Agency deems it necessary and proper to also issue taxable tax allocation refunding bonds to refund and defease the 2003 Project Area No. 1 Taxable Bonds and the remaining approximate twenty-five percent (25%) of the Loan Obligation in connection with the 2004 Housing Bonds 'sgd =QdEt rrGdc S' w aid AnrrGr 11( ' 1knm' a' sis subordinate to the Senior Bonds; and WHEREAS, for the corporate purposes of the Successor Agency, the Successor Agency deems it necessary to issue at this time tax allocation refunding bonds in two series in a total principal amount of approximately one hundred ninety-seven million, five hundred seventy-five thousand dollars ($197,575,000), and to irrevocably set aside a portion of the proceeds of such Bonds in a separate segregated trust fund which will be used to refund the outstanding Refunded Bonds of the Prior Agency, to pay costs in connection with the issuance of the Bonds, and to make certain other deposits as required by the Indenture (defined herein); and WHEREAS, Assembly Bill AB X1 26, effective June 29, 2011, together with @ rdl alK A1*0373 '�4a 0373 11( ' bnkbsludlK+sgd SIT r nk stnm @sll( gort ledc hnn sgd La Quinta Redevelopment Agency being dissolved as of February 1, 2012; and WHEREAS, the authority, rights, powers, assets, duties and obligations of the Prior Agency were transferred on February 1, 2012 to the Successor Agency; and WHEREAS, AB1484 specifically authorizes the issuance of refunding bonds by the Successor Agency to refund the bonds or other indebtedness of the Prior Agency to provide savings to the Successor Agency, provided that (A) the total interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds shall not exceed the total remaining interest cost to maturity on the bonds to be refunded plus the remaining principal of the bonds to be refunded, and (B) the principal amount of the refunding bonds shall not exceed the amount required to defease the refunded bonds, to establish customary debt service reserves, and to pay related costs of issuance; and WHEREAS, the Successor Agency desires to issue its La Quinta Redevelopment Project No. 1 and La Quinta Redevelopment Project Area No. 2, Rt ancply sd S' w alb' stnmQdEt nulTrf Anrrcr+1/ 02 Rd4dr @'sgd =RdC[dr @Annur 11( pursuant to the Indenture of Trust, by and between the Successor Agency and U.S. Bank National Association, dated as of June 1, 2013 (tgd =htudrrst co 11( ' rric 1/ 02 S' w aid Rdc[dr A 'sgd =Rdc[lr A Annur 11( of q -t ' rrs sn sgd EhT s Rt ookll drrs k Resolution No. 2013 - (description) Adopted: (date) Page 4 Indenture of Trust, by and between the Successor Agency and U.S. Bank National Association, dated as of Jt and 0+ 1/ 02 'sgd =EhT s Rt ooldl drrs k htcdrrbt co 11( enq sgd purpose of refunding the Refunded Bonds, to fund a debt service reserve account and pay costs of issuance; and WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and interest and redemption premium (if any) thereon, the Successor Agency will have duly authorized the execution and delivery of the Indenture; and WHEREAS, the Successor Agency certifies that all acts and proceedings required by law necessary to make the Bonds, when executed by the Successor Agency, and authenticated and delivered by the Trustee, the valid, binding and legal special obligations of the Successor Agency, and to constitute the Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done or taken. WHEREAS, the City Council of the City of La Quinta wishes at this time to approve all matters relating to the issuance and sale of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The issuance of the Series A Bonds in the aggregate principal amount of approximately one hundred fifty four million, six hundred twenty five thousand dollars ($154,625,000) but not to exceed, along with Series B Bonds, two hundred million dollars ($200,000,000) on the terms and conditions set forth in, and subject to the limitations specified in, the Indenture, is hereby authorized and approved. The Series A Bonds will be dated, will bear interest at the rates, will mature on the dates, will be issued in the form, will be subject to redemption, and will be as otherwise provided in the Indenture, as the same will be completed as provided in this Resolution. The proceeds of the sale of the Series A Bonds shall be applied as provided in the Indenture. SECTION 2. The issuance of the Series B Bonds in the aggregate principal amount of approximately forty two million, nine hundred fifty thousand dollars ($42,950,000) but not to exceed, along with Series A Bonds, two hundred million dollars ($200,000,000) on the terms and conditions set forth in, and subject to the limitations specified in, the First Supplemental Indenture, is hereby authorized and approved. The Series B Bonds will be dated, will bear interest at the rates, will mature on the dates, will be issued in the form, will be subject to redemption, and Resolution No. 2013 - (description) Adopted: (date) Page 5 will be as otherwise provided in the First Supplemental Indenture, as the same will be completed as provided in this Resolution. The proceeds of the sale of the 2013 Series B Bonds shall be applied as provided in the First Supplemental Indenture of Trust. SECTION 3. The Mayor, Mayor Pro Tem and the City Manager, and any other proper officer of the City, acting singly, be and each of them hereby is authorized and directed to execute and deliver any and all documents and instruments, relating to the Bonds, and each series thereof, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by the Indenture, the First Supplemental Indenture, the Bond Purchase Contract, the Official Statement, the Continuing Disclosure Agreement, the Escrow Agreement, this Resolution and any such agreements. SECTION 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2013 - (description) Adopted: (date) Page 6 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California AGENDA CATEGORY: 'CITY/ SA / HA / FA MEETING DATE: June 4, 2013 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: MARKETING STRATEGIES FOR 2013/2014 STUDY SESSION: Z PUBLIC HEARING: RECOM MENDED ACTION: Provide direction to staff regarding the 2013/2014 Marketing Strategies. EXECUTIVE SUMMARY: Each year, prior to consideration of a new Marketing Plan, the City Council reviews the marketing strategies for the upcoming fiscal year. As a precursor to preparing m t oc' sdc oR mF rs ee g' r ogoo' qoc gobnl I drrcdc =L ' q dstuf Rsq sdf 1dr 11 enq Blix Bnt rr WJF bnnT[cdq s[nm'W bgl drys 0(- Sgese strategies outline the methods staff will use to promote community events, tourism and economic development over the next fiscal year. FISCAL IMPACT: This discussion of City marketing strategies is intended to be conceptual and serve as direction for final preparation of a City Marketing Plan with a budget of $210,000 for Fiscal Year 2013/2014. This year more emphasis will be placed on digital marketing with approximately 50% of the budget on print and media buys and 50% on digital marketing to enhance the City promotion and advertising services by way of the internet. BACKGROUND/ANALYSIS: The marketing strategies for next year will focus on three main categories: 1) Traditional Efforts (Print/Radio), 2) Digital Efforts (Websites/Social Media), and 3) Public Relations and Event Partnerships. EF Bqo' stud+ sgd Bfi-x4 bnn bsdc ' cudrtising agency, will be responsible for the print media, media buys, and cooperative advertising. They will continue under contract with the City for this part of the Marketing Plan through June 30, 2014. For the Digital Plan, staff recommended preparing and circulating a Request for Proposals (RFP). There are firms in the Valley that specialize in providing these services. The plan would increase the City4 enbt r nmsgd cff ls� kdemcpr ' rrc v nt Ic include: • Expanded Search Engine Optimization across the major search engines (Google, Bing, Yahoo, Ask.com, AOL Search) to assure that the Play InLaQuinta.com website is among the top choices when sought. • Website mobilization making the website accessible to all smart phone users (including iPhone, Android, Windows, and Blackberry) so that tourists and residents can access information more readily. • Website upgrades to increase functionality and enhance appearance. • Facebook Pay per Likes and Updates. • Local and Regional Pay per Clicks. • Travel Resource Web Ad Campaign such as Travelocity, Orbitz, and TripAdvisor. Digital marketing includes access to measurable results (metrics). These metrics include the number of impressions or eyes seeing an ad, number of visitors to the website, what pages they viewed, where they are located, and how they found the website. This information is key to understanding the tourism market and greatly enhances the ability to reach those likely to spend time and money in La Quinta. Regional and out -of -market advertising will continue with the Palm Springs Desert Resorts Communities Convention and Visitors Authority on cooperative advertising sn ktudq f d sgd Bli-x4 I ' q d§uf cnW q- ' nd reach broader markets. Target areas include: Southern California, Pacific Northwest, Midwest, and Western Canada. The various campaigns involve print, radio, and online efforts to attract more visitors to the Coachella Valley as well as support and ultimately grow air service. In addition to the strategies outlined, staev v Isg EF Bqo' stud IT v nq Irf nm' =Aq rr, OcpI IT 11 enq K Pt lrrs ' tcrrf v Img ' goorhed version of the marketing logo. These items are currently in development and will be brought to City Council in the near future. Staff is seeking City Council direction on the marketing strategies proposed for Fiscal Year 2013/2014. The marketing items selected for implementation during this study session will become part of the BIt-x* L q dAf Ck m enq Bic b' kXd' q 2013/2014. Report prepared by: Tustin Larson, Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director Attachment: 1. Marketing Strategies ATTACHMENT 1 The following proposed goals will guide the City's Marketing Plan for Fiscal Year 2013/2014: Identify key mediums and tactics that keep La Quinta top -of -mind as local consumers make considerations regarding where to shop, dine, and do business. Promote La Quinta as a premier tourist destination, both in and out of market, to attract visitors and generate revenue. Offer programs that support La Quinta businesses and maximize their advertising budgets while promoting the "Shop/Dine" La Quinta message. Strengthen digital advertising, search engine optimization, mobilize the tourism website, social media and travel resource ads to promote La Quinta and encourage tourism, shopping, dining, and event attendance. Increase methods of communicating with residents and the media on important City news, events, and programs. Work closely with the Marketing Committee, including the Chamber of Commerce, La Quinta Arts Foundation, Desert Classic Charities (Humana Golf Tournament), La Quinta Resort, Old Town La Quinta, and SilverRock Resort to implement partnerships that maximize and leverage marketing budgets. The target audiences and markets to focus efforts on include: • Adults with disposable income • Affluent couples, empty -nesters & retirement prospects • Young affluent families • Part-time/seasonal residents • People who like to travel, attend events, and may relocate to the area • Geographic regions: Coachella Valley and drive-in markets A major emphasis for 2013/2014 is on improving the digital efforts and better alignment with the Palm Springs Desert Resorts Communities Convention and Visitors Authority (CVA) in order to drive sales tax and transient occupancy tax dollars in the City of La Quinta. ID 171II 4 C, IN i A 1 �F,IF C 1 T,,, PIR, IUNIT,, f/ IRI A,D IG O% Marketing strategies will be directed to keep La Quinta top -of -mind to both visitors and locals. City staff and FG Creative have focused on efforts that support tourism, local businesses, and continued investment in La Quinta. III Cooperative rice"liii n Aller ' , Illr llrn, Continue to promote this program by working with current partners, and by adding new partners to increase their local and regional media exposure. (City being one of the partners): Eldorado Polo Magazine BNP Paribas Tennis Daily Pairing Sheets Palm Springs Restaurant Week ' cal Maricetfing Carnpaign, Continue a Valley -wide advertising campaign with a "purpose -driven" message that supports La Quinta businesses and events to encourage shopping, dining, and special event attendance. The multi -tiered plan comprised of radio and print will be leveraged with PR, bonus advertising such as extra ads, etc. This effort will run in key months to support events and the "Shop/Dine" message. While open to the Cooperative partners, this local campaign will proceed with the City message solely should no partners participate. Some of these include: Desert Sun Ads (Daily paper, Weekly Paper) Coachella Valley Economic Partnership Ad La Quinta Arts Festival Program Ad CVA Cooperative d elllr"liiisiill Work with the CVA on cooperative advertising commensurate in order to leverage the City's membership dollars and reach outside markets. Target areas include: Southern California, Pacific Northwest, Midwest, and Western Canada. The various campaigns involve print, radio, and online efforts to attract more visitors to the Coachella Valley as well as support and ultimately grow direct air service. II leper n Splrfings Illi i'f'e d elllr"li ' Illriielll: Produce a City of La Quinta advertorial for the Palm Springs Life October 2013 issue (the City's customary progress piece) - which will also be featured in the "Vision" collateral piece put together through a collaboration between Palm Springs Life, Coachella Valley Economic Partnership (CVEP), CVA, and the County of Riverside. Distribution is 22,000. ' ulllrliisllrm IIIIIIIIII ells"IIWs IIIICIr ' clhulllre: An important component of the Coachella Valley marketing effort includes the annual production of a "La Quinta Area Events" brochure that is distributed at key outlets in La Quinta (City facilities, hotels, Visitor's Center, etc.) and through the Valley -wide rack card distribution system in over 160 outlets. The brochure highlights large-scale events, programs, golf, lodging, and showcases the excitement and beauty of La Quinta with new, updated photography. Ilse CpermStaff will continue production of the "City Scene" pages for The Gem (a monthly Chamber newspaper that is delivered to La Quinta residents and Chamber members). Promote programs, classes, special events, and important City news related to: SilverRock Resort, Museum, Library, Senior Center, Community Services, Police, and special feature articles such as emergency preparedness, commission vacancies, and special messages from City partners. In addition to the "City Scene" pages, the annual City Newsletter will be incorporated into the January issue thereby reducing print and postage costs. a Quiill "Iia Shopping II II Iii ally UpdaltesFG Creative will work with City staff to update the La Quinta Shopping Map featuring the main shopping centers, and listing stores and restaurants, for use in a variety of marketing efforts. The map is available for use in City leasing efforts patron awareness. The updated map information is also featured on the tourism website as an interactive shopping and dining guide IEIVT U 1°0 )'OCIUA1 U1D IU A_ Marketing strategies will be directed to keeping La Quinta top -of -mind to both visitors and locals. City staff will work with a firm that has expertise in the field of Digital Marketing and Social Media utilization. II ourism Website UpdaltesThe City's tourism website, PlaylnLaQuinta.com, had 24,026 visits this fiscal year compared to 30,042 in Fiscal Year 2011/2012, representing about a 20% decrease in website traffic. The site will become a stronger promotion tool for the City in the 2013/2014 fiscal year by updating the graphic interface design, increasing search engine optimization (SEO) and website mobilization. The website will continue to be updated on a monthly basis adding new city and city partner events, as well as keeping shopping and dining listings current. Online Maricetfing with "'1111'° ' ulllrism WdbsiteIn order to drive more traffic to the tourism website, the City should maintain a strong online presence with programs such as Pay -Per -Click marketing: Fa Fear OIIIGi Ilk (IIFIIFC( IlRrogirainris: It is recommended to continue utilizing PPC programs for both the Local (Coachella Valley) region, targeting dining and shopping keywords, and a Regional (Inland Empire, Los Angeles, San Diego) campaign that targets visitors, golf, and events. The Pay -Per -Click program allows the City to purchase sponsored links on the result pages of searches conducted via search engines such as Google / Yahoo / Bing / Ask.com / AOL Search. A La Quinta link will pop up toward 1 the top of the sponsored link column; hence, attracting more unique visitors to the La Quinta tourism website. When visitors click on the La Quinta sponsored link, they click through to PlaylnLaQuinta.com and explore dining, shopping, golf, things to do, and hotels in La Quinta. PPC programs are highly effective in driving traffic to a website. PPCs can be extensively tracked and provide valuable comparisons for a campaign's return on investment (ROI). To date, the PPC programs have achieved the following: o Average site visitor looks at 2-3 pages o Over the past fiscal year, 85% of site visitors are new o Most site visitors originate from a Google search o The most popular pages are Play, Events, Shop, Stay Online Maricetfing with IIII' cell ' Illc The "Visit La Quinta - California" Facebook Fan Page was started in 2010, and has been effectively maintained and expanded each year. In order to continue driving more traffic to the Facebook Page, the City should continue a strong online presence with programs such as Pay -Per -Like marketing: PaPeir III like IlRrogirainri: This year, through a Pay -Per -Like campaign" targeting adults in Southern California who like to dine, shop, travel, and enjoy the outdoors" La Quinta's fan base has grown from 6,000 to over 13,000. La Quinta ads are purchased and designed for Facebook and target users that are not already La Quinta fans. These ads appear under sponsored ads along the right side of Facebook pages; when a user clicks on the La Quinta ad, it takes them straight to the La Quinta Facebook Fan Page. Interaction with current fans happens every 24-48 hours. Some stats on the Visit La Quinta - California page include: o Average Fan: 65% Female/35% male o Age Ranges: 28% 35-44, 24% 25-34, 23% 45-54, 15% 55-64 and beyond o Fans are mostly Coachella Valley residents, however Los Angeles, San Diego, and Northern California round out the other top markets o Per week over 24,000 Facebook users see content related to the Visit La Quinta, CA page o Generating on average 5-10 new Fans per week through the Pay -Per -Like program o La Quinta posts generally receive 10-20 Likes and comments; posts are frequent and focus on promoting activities, business and community outreach o Total "impressions" to date is upwards of 5,000,000 o The Fan page is maximized to use the Timeline feature; photos are changed often and to interact with users regularly The Facebook Page is marketed in all advertising to drive more "Likes" to the page. The Facebook logo (icon "F") is placed on all print ads, there is a link from the website, and it is mentioned in radio and TV spots. 3 ravel Resources ' ulllrces ells Ad C IImpal m This year the La Quinta will continue to position itself as a destination by adding ads on travel resource websites. These sites (including Travelocity, Expedia, TripAdvisor, etc.) account for over 20% of all online travel reservations. This is a very large number considering over 57% of all travel reservations are now being made online. Staff will work with the new Digital firm to buy ad spaces and design vibrant ads and to leverage travel opportunities for visitors across the country and internationally. Some examples include: i A m MAI tvep Apple llle Gillll'IIh ' Il e AppllcatkxmTo date, there have been over 1,500 downloads of the App from iTunes, with the majority of those coming from the United States and Canada. While the app has served Apple users well, there are numerous other (Android, Windows, and Blackberry) users that are not served by the app. The popularity of apps like Yelp and OpenTable provide a similar service across all major platforms. To expand our reach the La Quinta Phone app will be shelved in place of a mobilized version of the PlaylnLaQuinta.com website. The site (in mobile form) will provide access to the tourism website across all smart phone platforms which will reduce maintenance costs and provide a larger reach for marketing. IPIPB L I G; Ill " .111. A r IG C PS, III Community lllt Outreach: Staff will continue efforts to reach out to community groups, homeowners association and service clubs to listen to issues and provide city updates. Staff will speak about new programs and facilities that are planned along with a city financial update. The City Manager's Office and Directors will also be at the Farmer's Market once a month to answer questions and distribute city information. A city wide survey will also be initiated to identify community needs and determine resident support for possible tax initiative to maintain city facilities and create funding for future capital improvements. FIl 2 Illulblllc Iff!ellla"llW6 x s Public Relations efforts will be maintained over the next fiscal year through a strategic plan that leverages all media purchases and creates a coordinated effort that results in an increase of coverage for all City events and programs. I ocalllm As developed over the past four years, publicity efforts will focus on all City events that are pertinent to local businesses, residents, and tourists through monthly Calendar listings and major releases when deemed appropriate. Emphasis will be placed on Museum, Library, and City events and programs. Public Relations support will be provided for any issues the City is dealing with outside the parameters of events, as necessary. I egloirmalum Promote City events and amenities (golf, shopping, dining, museum, art, etc.) that warrant PR efforts to regional feeder markets (Los Angeles, Orange County, San Diego, Scottsdale, etc.). 3 h°°Illuimaii a Challenge- The successful partnership with the Humana Challenge" including the healthy -themed community events co-sponsored by the City and Humana" will bring many more promotional opportunities for the City in 2013. Continue leveraging publicity in conjunction with the event as well as designing editorial pages focused on the City in the Humana Challenge Program Guide. a Qufinita Arts I ' uii da"llW xn, Continue to work with the La Quinta Arts Foundation team to develop sound strategies that maximize respective advertising budgets and PR efforts while expanding the scope of the overall marketing to reach regional and possibly national markets specifically in regards to the La Quinta Arts Festival. Assist the Foundation in promoting other key events such as Art Under the Umbrellas. 5 a Qufinita Clhaiirsrnlbeiir of C ' iir niir neiirce Continue to support and promote key Chamber events such as the annual Rod & Custom Car Show, Taste of La Quinta, Fourth of July Parade and Celebration via the City's monthly calendar press release, Facebook, Twitter, websites, and other promotional efforts such as print and radio ads. Work with the Chamber on the monthly "City Scene" pages in The Gem to communicate City happenings to La Quinta residents and businesses. . lf'Iirornote Ill, irge, Scalle"Active"veirtts The staff has been working with two event developers to bring new events to La Quinta. The Patriot Ride scheduled on October 26 includes a 25 mile, 55 mile and 100 mile ride through La Quinta and the Coachella Valley. The La Quinta 5K and Half Marathon is planned by a private sports promoter for November 10th. These shoulder season events are intended to reach Valley residents and those active tourists interested in coming to the La Quinta for a getaway weekend of exercise and enjoyment. 5 Tit!t 4 44P Qu!4(roj CITY/SA/HA/FA MEETING DATE: June 4, 2013 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: REVIEW OF VIDEOTAPING CITY STUDY SESSION: COUNCIL MEETINGS 3 PUBLIC HEARING: RECOM MENDED ACTION: Provide direction in regard to the continuation of recording City Council meetings nuc onrstuf sgdI nmsgd Blas* v darlsd- EXECUTIVE SUMMARY: • Council meetings have been video recorded since March 19, 2013. • Five meetings have been recorded arrc t oln' cdc sn sgd Blvc4 v darl-sd- • Viewership for the 5 meetings is approximately 27 views per meeting (averaged). FISCAL IMPACT: The cost to record and upload Council Meetinf ulcdnr sn sgd Bloc* v darlsd v [*ad $16,500 for Fiscal Year 2013/14. An additional $8,500 has been budgeted to acquire software to index the agenda items. These expenses would be funded through the Civic Center Building and Maintenance Budget. BACKGROUND/ANALYSIS- On March 5, 2013, City Council elected to video record Council meetings using a private vendor and upload the video recordlnf r sn sgd Blu(JF v darlsd- Rs ee promoted the recorded meetings on Facebook and in the GEM newsletter. However, as evidenced below, viewership has been low: • L ' cog 08 � 31 uldv r • @)cfk1 � 37 u1dv r • @)c[k05 � 18 uldv r • L x 6� 4 uldv r • L x 10 � 8 uldv r Staff is seeking direction as to whether or not this service should continue in the next fiscal year. ALTERNATIVES Continue to evaluate the viewership of the video recordings for another six months and bring this item back for consideration. Report prepared by: Tustin Larson, Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director GSM O F TY� 9� CIT SVHVFA MEETING DATE: June 4, 2013 ITEM TITLE: FISCAL YEAR 2013/2014 BUDGET FOLLOW-UP RECOM MENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: M Provide staff direction regarding the disposition of the projected FY 2013/14 Operating Budget revenue. In order to fund capital improvement needs and operating costs at SilverRock resulting from the Coachella Canal construction, staff recommends that $1,081,000 of the projected $1,097,800 be reserved for these costs. EXECUTIVE SUMMARY: • The Fiscal Year 2013/2014 Proposed Operating Budget was presented at the May 21, 2013 City Council meeting; it was balanced with excess revenues over expenditures of $1 70977800. • During the same meeting, the City Council selected a parallel Canal option to replace a portion of the Coachella Canal. This option will result in $1,081,000 of costs that must be funded through a combination of General Fund Reserves and FY 2013/14 Operating Budget revenue. • Staff is seeking direction regarding the funding source so that the FY 2013/14 Operating Budget will reflect this direction when the City Council considers it on June 18, 2013. FISCAL IMPACT: The projected surplus of $1,097,800 would be reduced by $1,081,000 if this anticipated revenue was allocated to fund the SilverRock improvements; $300,000 to re-route the impacted irrigation system and $781,000 to fund anticipated operating losses for FY 2013/14 and 2014/15. BACKGROUND/ANALYSIS: The proposed Fiscal Year 2013/2014 budget was presented at the May 21, 2013 City Council meeting. The projected revenues and expenditures are $34,385,700 and $33,287,900, respectively. The projected surplus (revenues greater than expenditures) would be $1,097,800. Also at the May 21, 2013 meeting, City Council approved the canal relocation project. The projected two-year revenue loss to the SilverRock Resort golf course due to the construction period is $781,000. In addition, the SilverRock Irrigation Reconstruction project is an additional $300,000. These two items were not included in the proposed FY 2013/14 Operating Budget because the Coachella Canal replacement option was not known until the May 21 meeting. Staff is recommending that these two items be funded from the projected the FY 2013/14 Operating Budget surplus. If the City Council elects to allocate these funds in this manner, the remaining projected unallocated surplus would be $16,800. The rational for designating this anticipated surplus for this purpose is: • Staff estimates that $300,000 must be expended to relocate a portion of the irrigation system that services the section of the Palmer Golf Course that will be impacted by the parallel Canal option. This work must be performed during the summer of 2013 so that it will be complete before work commences on the parallel Canal. The only funding source for this work is General Fund Reserves. As the projected Operating Budget surplus accrues and it is determined that these funds are not needed for unforeseen Operating Budget funding needs, they would be used to replenish the General Fund Reserves. • SilverRock will experience reduced play during the Canal construction period. The course operator and staff project that the loss of revenue will be $781,000 over two fiscal year periods. This revenue loss will be a result of not allowing play on the golf holes that are within the construction zone. However, the greens and associated materials must be maintained at a subsistence level. The SilverRock budget will still incur expenses associated with operations and maintenance but will not receive offsetting income. While this will occur over a two-year period, staff recommends that all the funds needed to cover these shortfalls be set-aside in FY 2013/14 given that the FY 2013/14 Operating Budget is balanced and there is a projected surplus. During the May 21, 2013 budget presentation, staff outlined the following funding requests that were not included in the proposed Operating Budget: ➢ Community Service Officers (3) - $300,000 ➢ Coachella Valley Water District - $110,000 ➢ Chamber of Commerce - $32,500 ➢ Desert Paws - $25,000 ➢ Patriot Ride - $10,000 The City Council directed staff to have the Patriot Ride request referred to the Grant Program, which will be considered at a future date. If the City Council concurs with assigning $1,081,000 of the projected Operating Budget surplus to fund the SilverRock needs, $16,800 would remain for allocation to other requests. Staff is acutely aware of the City Counblk' nuc sgd bnl I t rrtl.XJF cdrko sn dart qo that the City has exemplary police services. This is the reason up to $300,000 was identified as a possible Operating Budget addition to hire additional Community RdcphDd Nedbdq'- Sgd Rgdc Cdo' qN drrs is looking at expanding the volunteer staff in order to partially address additional law enforcement needs. Staff is also exploring approaches to conduct a review ne sgd BltxJF onkbd rdcphDdr sg' s v nt Ic outline measures to ensure fiscally sustainable police services. Staff will be scheduling this item for City Council discussion this summer. The City Council provided direction and requested information on several items relating to the budget. ➢ anb's1mmne#4/-V// sn L'cpg'JF JIsbgdmengb'o[! k ocpudl drrsr Innsgd 2012/2013 budget to be reallocated to the Coachella Valley Rescue Mission operating budget, or if Council desires, spits Is v lig L ' cpg' JF J I$bgdm- Rs e✓ will bring this item forward as a separate item to make such appropriation. ➢ Additional clarification was requested on the increase in property tax versus no -low property tax. As such, property tax is conservatively projected to increase approximately $300,000 in FY 2013/14. However, the no -low property tax is projected to remain flat for the next fiscal year. ALTERNATIVES: Council may direct staff to include less than the total amount of SilverRock revenue loss in the current fiscal year. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager a� o CITY/ SA / HA / FA MEETING DATE: June 4, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: BRIDGE AESTHETICS FOR THE JEFFERSON STREET AND 1-10 INTERCHANGE CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Provide input regarding the aesthetics for the Jefferson Street and 1-10 interchange and decide whether or not to have enhancements added to the project. EXECUTIVE SUMMARY: • The 1-10/Jefferson Street interchange is scheduled to go to construction in early 2014. Design of the project is 95 percent complete. • The City of Indio City Council has approved adding a community identification sign on the bridge railing for Indio only. • Staff seeks input as to whether or not the City Council is interested in similar identification enhancements. FISCAL IMPACT: If the City Council elects to have additional signage added to the project, the City would have to pay for the construction cost as well as any maintenance. B4CKGROU N D/ANALYSIS: The Jefferson Street and 1-10 interchange is currently the Coachella Valley Association of Governments' (CVAG's) highest priority project. During its design, an aesthetics committee was formed to improve the look of the new interchange by adding enhanced landscaping, decorative relief to the concrete bridge and abutments, and decorative bridge railing. With the exception of the landscaping enhancements, which will be maintained by Caltrans, the rest of the enhancements will be maintained by the agency that is sponsoring the enhancements. The cost to construct this interchange is projected by CVAG to be $50.5 million; this cost would be allocated as follows: • CVAG - $42,750,000 • City of Indio - $4,448,500 • City of La Quinta - $3,262,700 • Riverside County - $38,750 CVAG is in the process of updating these costs. The update will be complete when the design is completed later this year. The City of Indio was also required to fund $3.0 million in additional costs associated with land acquisition and intersection improvements to the Varner Road and Jefferson Street intersection. Since the Jefferson Street/1-10 intersection bridge will be located in the City of Indio, the City must also maintain the deck, roadway and railings. They estimate that this annual maintenance cost will be $1.5 million. While the County of Riverside is considered the "lead agency" for this project, the boundaries of the project are entirely inside the City of Indio. In recognition of this, Indio's City Council directed the County's consultant, RBF Engineering, to add in script "Indio" across the new bridge and decorative railing (Attachment 1). The cost of this improvement is estimated at $80,000, which will be entirely borne by the City of Indio. The reasoning behind this request was due to the City of Indio paying 100 percent of the ongoing maintenance and operational cost in perpetuity for all improvements (including their enhancements to the project) on the bridge, including the pavement and two new signals on either side of the bridge. The City of Indio also felt that it would be misleading to have the City of La Quinta name on the bridge since no part of La Quinta abuts this interchange. ALTERNATIVES: If the City Council desired to add a shared gateway monument at the off -ramp of the interchange with the City of La Quinta's name, such as that shown in Attachment 2, the City would have to provide additional funding for installation and maintenance. Other possible alternatives will be discussed by the project's design consultant as part of the study session presentation. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Indio Script Bridge Signage 2. City of Indio and City of La Quinta Monument Sign %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, r44 r44 ATTACHMENT ATTACHMENT 2 ���1HN�9UNl4ffA�"hOf4'N114,'�I��MN��IVI�JPNi�DDfiiN�IIF'�Nl CITY/ SA / HA /FA MEETING DATE: June 4, 2013 ITEM TITLE: ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE, AND CORRESPONDING ZONE CHANGE ACTIONS, REQUIRED TO IMPLEMENT PROGRAMS IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT. APPLICANT: CITY OF LA QUINTA RECOM MENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1. Move to take up Ordinance No. approving Zoning Ordinance Amendment 2013-114, thereby amending the La Quinta Municipal Code, as set forth in Exhibit A of said Ordinance, by title and number only and waive further reading; and Move to introduce Ordinance No. amending the La Quinta Municipal Code as set forth in said Ordinance, on first reading. 2. Move to take up Ordinance No. approving Zone Change 2013-143, thereby amending the Official Zoning Map of the City of La Quinta, as set forth in Exhibit A of said Ordinance, by title and number only and waive further reading; and Move to introduce Ordinance No. amending the La Quinta Municipal Code as set forth in said Ordinance, on first reading. EXECUTIVE SUMMARY: The proposed amendments to Title 9, along with the related zone change actions, bring the zoning code and the official City zoning map into consistency with the Bfi.xJF ' cnosdc Gnt rinf Didl drrs- Sgdrd actions also facilitate the State Housing and Community Development (HCD) submittal and review process for the 2014 Housing Element update currently being drafted. FISCAL IMPACT: �G7iT� BACKGROUND/ANALYSIS: On August 2, 2011, the City Council adopted the current Housing Element, which covers an 8 -year planning period from 2006-2013 and contains several policies and programs that require the recommended zoning actions to implement. However, the zoning actions could not proceed until the 2035 General Plan Update was completed, which occurred earlier this year. City staff is currently updating the Housing Element for the State -mandated 2014- 2021 planning period. To help facilitate a more timely review and approval process, the State recently instituted a streamlined review process. In order use the streamlined process, the zoning actions required to implement the current Housing Element must occur prior to submitting the next update, which is due to HCD by October 15, 2013. If the City does not submit the update By October 15, then additional requirements v [*ad h onrdc- SgIT Irbk cdr ' =b' q:C, nudgll ne sgd oc[nq odc[ncJF Qdf h ni kGnt r ITrf Needs Assessment (RHNA) allocation as well as having a four-year versus an eight- xd' q oR n rtuf odcfnc- Sgd =b' q:C,nudgll would result in the City having to accommodate for 1,577 units rather than the 364 units currently allocated for the 2014-2021 planning period. ZONING ORDINANCE AMENDMENTS The current Housing Element programs require amendments to the zoning code. The necessary amendments are identified below as well as included in detail as Exhibit A of the proposed Ordinance. • Programs H-1.5. b and H-1 .5. c - Amend the Municipal Code to create an Affordable Housing Overlay (AHO) which would permit higher densities at 20-24 units per acre, for projects with at least 25% of its units set aside for lower income households for sites one acre or larger in size, in the Community Commercial (CC), Commercial Park (CP), Neighborhood Commercial (CN), Regional Commercial (CR), and Village Commercial (VC) zones. - Create standards specific to affordable and mixed-use housing development in commercial zoning districts, which would allow affordable housing developments to conform to more traditional high-density residential development standards. Establishment of the AHO, applicable to the CN, CC, CR, CP and VC districts, provides specific development standards applicable to qualifying affordable housing projects only. These standards include a reduction in minimum unit size from 750 to 600 square feet and increased building height up to 40 feet and four stories, depending on the underlying district and neighboring land use. The development standards provide for staggered heights, based on setback criteria, when such projects are to be located adjacent to lower density land uses. • Program H -1.5.d - Amending the Municipal Code to permit densities up to 24 units/acre in the High Density Residential zone. The Residential High Density District base density is increased from 16 to 24 units per acre for eligible affordable housing projects only. • Program H -2.3.c - Amend the Municipal Code to permit guest and employee housing without a Minor Use Permit and allow full plumbing facilities. The requirement for a Minor Use Permit was removed in 2010, which also expanded allowance of guest houses into the Medium Density Residential, Medium High Density Residential, and High Density Residential districts. This amendment allows full kitchen and bathroom facilities in a guest house. • Program H -2.3.d - Update the Zoning Code to include amendments to density bonus law under Assembly Bill 2280 and provide a summary of the changes on the affordable housing page nesgd BfucJF v darf-sd- The existing density bonus provisions, adopted in 2007, have been update to reflect the latest mandated changes which are primarily procedural in nature. • Program H -5.5.d - Adopt a process for reasonable accommodation, including a provision of assistance in making the request, as well as for appealing a determination. A section addressing flexibility of certain development standards to accommodate disability related circumstances has been added to the zoning code. • Program H -5.5.g - Update the Zoning Code to include appropriate definitions for emergency shelters, transitional housing, and permanent supportive housing. Emergency shelters will be permitted without discretionary approval in the MC zone and conditionally permitted in the CR zone. Transitional and supportive housing types will be permitted as any other residential use in residential zones. Development and operational standards have been developed in compliance with Senate Bill 2. Specific development standards and definitions have been included in the zoning code and are based on a conservative approach due to limitations of site size and availability for the adequate development of such facilities. • Program H -1.2.b - Explore the potential for a small lot subdivision ordinance to allow the subdivision of existing parcels into smaller lots than currently permitted to facilitate the creation of small single-family detached and attached homes. Staff investigated the potential for such an ordinance based on existing codes in Los Angeles and Glendale, CA. It was determined that the lot sizes contemplated under the code would lead to a complex set of amendments to the zoning and subdivision requirements, and that the CisxJF bt gTlrrs rodbhfb oR m ocpbdrr v nt Ic achieve the same benefits with more flexibility. Thus, no changes to the zoning code are proposed for this program. ZONE CHANGE While the zoning ordinance amendment establishes the AHO in the zoning code (Title 9), the zone change applies the @GN sn sgd BlucJF Nedbh k Ynntpf L ' o (Attachment 1). Five sites are also proposed for specific changes to their zoning district; three of these sites will also be designated with the AHO The purpose of these changes is to meet the RHNA requigol dnrsr engsgd bt gTlrrs Gnt rinf Dldl dnrr,* planning period. The proposed changes include: • U' b' rrs R1-sd Mn- 1 'W bgl drys 1( � a 21.4 acre parcel on the south side of Avenue 58, sharing the west boundary of Coral Option Specific Plan. Current General Plan land use/zoning: LDR/RL. Proposed: MDR/RM. • Trrcdq s*dc Rlsd Mn- TO 'mss bgl drys 2( � a 4.9 acre parcel on the north side of Darby Road, east of Palm Royale Drive. Current General Plan land use/zoning: LDR/RL. Proposed: MDR/RM with AHO. A similar site, on the south side of Darby Road, will be considered for rezoning under a separate ordinance action. • TnrGdq stkydc R1-sd Mn- T3 'mss bgl drys 3( � a 6.1 acre parcel on the north side of Avenue 52, east of Jefferson Street (Pgbd4 Mt q'dq(- Bt gTlrrs Fdmdq kCR m land use/zoning: LDR/RL. Proposed: MDR/RM • Trrcdq s*dc Rlsd Mn- T7' ,j 'mss bgl drys 4( � Eleven parcels comprising approximately 19.6 acres, along the east side of Dune Palms Road between Westward Ho and the Whitewater Channel (former Redevelopment Agency holdings, church, the Coachella Valley Water District and existing mobile home park parcels). Current General Plan land use/zoning for all 11 parcels- MDR/RM. arcels:MDR/RM. Proposed: M HDR/RM H with AHO. Public Notice Requirements: This request was published in The Desert Sun newspaper on May 24, 2013, as a legal display ad. The notice was not direct mailed to all property owners as the amendments and rezonings constitute a City- wide action; however, owners of the site-specific properties being rezoned were directly notified via correspondence. To date, no comments have been received. Comments were not requested from any public agencies or other City Departments, due to the scope of the amendment and perceived unlikelihood that these changes will affect any other departments or agencies. Findings - Findings for approval can be found in the attached Ordinances. ALTERNATIVES: Alternative actions available to the City Council include denying the amendment request, referring the proposed amendments back to the Planning Commission for further consideration, or discussion and incorporation of any adjustments deemed appropriate in order to approve the proposed amendment request. PLANNING COMMISSION RECOMMENDATION: At their regular meeting of May 14, 2013, the La Quinta Planning Commission did, on a 5-0 vote, adopt Planning Commission Resolutions 2013-005 and 2013-006, recommending to the City Council adoption of the proposed amendments and zone changes, respectively. There was no testimony during the public hearing and the Commission had no substantive comments (Attachment 6). ENVIRONMENTAL REVIEW: An initial study was conducted under Environmental Assessment 2008-599 (State Clearinghouse No. 2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (Resolution No. 2011-072). No changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Overall Zone Change Map 2. Individual Site 2 Zone Change Map 3. Individual Site U1 Zone Change Map 4. Individual Site U4 Zone Change Map 5. Individual Sites U8a-k Zone Change Map 6. DRAFT Planning Commission Meeting Minutes %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, -t4 c �/� "4d�- MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LES JOHNSON; COMMUNITY DEVELOPMENT DIRECTO DATE: JUNE 4, 2013 SUBJECT: PUBLIC HEARING #1; ZOA 2013-114 /OhcQv>,a 5tZ Subsequent to circulation of the staff report on this item, a typographical error affecting placement of the Emergency Shelter code text was discovered. As a result, staff recommends adopting action under ZOA 2013-114 include the following change: A. Move the Emergency Shelter language as proposed, from Section 9.60.360, to Section 9.100.320 (Supplemental Nonresidential Regulations), and B. Revise all related references and numbering thereto accordingly. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE, TO INCLUDE: 1) ESTABLISHING AN AFFORDABLE HOUSING OVERLAY DISTRICT; 2) ESTABLISHING USE ALLOWANCES AND STANDARDS FOR EMERGENCY AND TRANSITIONAL HOUSING; 3) AMENDING AFFORDABLE HOUSING DENSITY BONUS PROVISIONS; AND 4) ESTABLISHING PROCEDURES FOR REASONABLE ACCOMMODATION CASE NO: ZONING ORDINANCE AMENDMENT 2013-114 APPLICANT: CITY OF LA QUINTA WHEREAS, the La Quinta City Council adopted the 2035 General Plan Update on February 19, 2013, to guide development throughout the City, and maintains a Zoning Ordinance to implement the vision set forth in the General Plan; and WHEREAS, said General Plan adoption incoronq sdc sgd BID( ne K Pt IPEJF Housing Element, as adopted by the La Quinta City Council on August 2, 2011 (Res. No. 2011-072); and WHEREAS+ sgd K Pt IPEFdmdq k Ck nib Housing Element includes several program objectives related to rezoning and zoning code amendment actions necessary to accommodate state -mandated affordable housing requirements; and WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of May, 2013, hold a duly noticed Public Hearing to consider a recommendation regarding Zoning Ordinance Amendment 2013-114 and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-005, recommending to the City Council approval of Zoning Ordinance Amendment 2013-114; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of June, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation regarding Zoning Ordinance Amendment 2013-114, to amend Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of Ordinance No. Zoning Ordinance Amendment 2013-114 June 4, 2013 Page 2 this Ordinance, and considered the evidence, written and oral, presented at said hearing; and WHEREAS, a public hearing notice was published in the The Desert Sun newspaper on May 24, 2013 as prescribed by the Municipal Code; and, WHEREAS, at the June 4, 2013 City Council public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did, by adoption of this Ordinance, make the mandatory findings to grant approval of said Zoning Ordinance Amendment; NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9 (Zoning) of the La Quinta Municipal Code, is amended as lcdrrd�c nm DAgWs =(01 ' ss bged hereto and incorporated herein by this reference. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN: The City Council hereby finds that this Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan, particularly Goal LU -1 (Land use compatibility throughout the City); Goal LU -3 (Safe and identifiable neighborhoods that provide a sense of place); Policy LU -3.1 (Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern); Goal LU -4 (Maintenance and protection of existing neighborhoods); and Goal LU -5 (A broad range of housing types and choices for all residents of the City). SECTION 3. PUBLIC WELFARE: The City Council hereby finds that this Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. The Amendment supports the construction of housing for all income levels in the City, meeting building requirements and all development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general welfare. SECTION 4. ENVIRONMENTAL: The Community Development Director has determined that the proposed code amendment is exempt from further environmental review under the California Environmental Quality Act of 1970 (CEQA). An Initial Study was conducted under Environmental Assessment 2008- 599 (SCH No. 2009091037) for the 2008 Housing Element Update, and a Ordinance No. Zoning Ordinance Amendment 2013-114 June 4, 2013 Page 3 Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (Res. No. 2011-071). The City Council hereby confirms said determination and finds that no changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. SECTION 5. SEVERABILITY: The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 6. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 7. 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 4th day of June, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California Ordinance No. Zoning Ordinance Amendment 2013-114 June 4, 2013 Page 4 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DAGhAW @ � N QC FAIk 13D MN - AAAA^ ZOA 2013 - 114; Incorporation of Certain Amendments to Title 9 (ZONING) of the La Quinta Municipal Code, to Implement the 2006-2014 Housing Element of the La Quinta General Plan Chapter 9.20 ZONING DISTRICTS 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan - 1 . lan: 1. RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District 9. VC Village Commercial District 10. NR Nonresidential Overlay District 11. CR Regional Commercial District 12. CP Commercial Park District 13. CC Community Commercial District 14. CN Neighborhood Commercial District 15. CT Tourist Commercial District 16. CO Office Commercial District 17. MC Major Community Facilities District 18. PR Parks and Recreation District 19. GC Golf Course District 20. OS Open Space District 21. FP Floodplain District 22. HC Hillside Conservation Overlay District 23. SOB Sexually Oriented Business Overlay District 24. EOD Equestrian Overlay District 25. AHO Affordable Housinq Overlav District Chapter 9.30 RESIDENTIAL DISTRICTS 9.30.010 Summary of district regulations. A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district. B. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this chapter and set forth in more detail in Chapter 9.50. C. Supplemental Regulations. Sections containing supplemental regulations applicable to residential uses are as follows: 9.60.010 Purpose and intent 9.60.020 Signs and parking 9.60.030 Fences and walls 9.60.040 Patio covers, decks and play equipment 9.60.050 Storage and other accessory buildings 9.60.060 Garages and carports 9.60.070 Swimming pools 9.60.080 Satellite dish and other antennas 9.60.090 Second residential units 9.60.100 Guesthouses 9.60.1 10 Home occupations 9.60.120 Pets and other animals 9.60.130 Recreational vehicle parking 9.60.140 Screening 9.60.150 Tennis and other game courts 9.60.160 Outdoor lighting 9.60.170 Special outdoor events 9.60.180 Manufactured housing and mobilehomes 9.60.190 Family child care facilities 9.60.200 Senior citizen housing 9.60.210 Construction and guard offices 9.60.220 Trash and recyclable materials storage 9.60.230 Noise control 9.60.240 Landscaping and open area 9.60.250 Model home complexes 9.60.260 Condominium conversions 9.60.270 Density bonuses for affordable housing 9.60.280 Bed and breakfast regulations 9.60.290 Timeshare regulations 9.60.300 Compatibility review for partially subdivisions 9.60.310 Restrictions on multistory buildings boundaries 9.60.320 Resort residential 9.60.330 Residential tract development review developed at p roj ect 9.60.340 Custom home design guidelines 9.60.350 Reasonable Accommodation 9.60.360 Emergency Shelters D. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section 9.50.020. E. Definitions. For purposes of this chapter and this code, the following definitions shall apply: 0- =4u' a Id dn n q' co' I d' nT sg d W -Ed c[n q' co' n e' c v d Wrrf t rrts v g hDg may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. 1- ins bnudq f d ll I d' nT sgd bt mulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of sgIT cddrtsrnm+-=f cpt rrc dnnq ' co' 11 rg' W mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 2- =Ogtidbs ' co' 11 1 d' nT ' W ne the land area included within a development project excepting those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996). 9.30.070 RH high density residential district. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (twelve to sixteen units per acre; or if the Affordable Housina Overlav aaalies. ua to twenty-four units aer acre when a minimum of 25 percent of units are dedicated to low and very low income affordable housing) with one- to three-story single-family attached dwellings and one- to three-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size for single-family attached 2000 sq. ft. Minimum project size for multifamily projects 20,000 sq. ft. Minimum frontage for multifamily projects 100 ft. Maximum structure height 40 ft. Maximum number of stories 3 Minimum front yard setback (non -garage portions dwelling) of20 ft.* s Minimum garage setback for single-family attached 25 ft.' Minimum interior/exterior side yard setbacks 10/15 ft2 Minimum rear yard setback 20 ft. Maximum lot coverage 60% Minimum livable floor area excluding garage 750 sq. ft. Minimum streets 3 landscape setbacks adjacent to perimete 10' minimum at any point, 20' minimum average over entire frontage Minimum common open area 30% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. ' Sv dn-Ex edds fe=cpl,�t o 11 type garage door is used. 2 For interior side yards, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For the RH zone the interior setbacks, if the building is over 28 feet in height, the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28 -foot building height. 3 Per the landscaping and open area standards of Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 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: X119 Odd lisdc ' r ' o#blm' kt r d v lig fin sgd c IT 9#s- =(019 Odd lisdc nnix fe' bbdrrnq sn sge principal residential use on the site. =3119 Odd Issdc fe' bnnrh4nrri kt rd odd Is IT ' oocpudc- =:L 119 Odd lisdc fe' I l -mgt rd odd Is ff ' oocpudc- =119 Odd Issdc ' r ' gnl d nbbt o' s1nm fe' bbdrrnq( sn sgd o#blm' kc0r1cdmBh kt rd and if a home occupation permit is approved. X119 Odd Issdc fe' rodbhfb oR mis approved per Section 9.40.030. =VqJ9 Oglghal-sdc hnsgd clTs#s- Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H RH Residential Uses Single -family P P P P P S detached dwellings Single -family detached patio S S S S P S gnl dr ' fid-+ =ydcp k1s, krrd II( Duplexes (two units S S S S P P on the same lot) Single -family attached dwellings (two units per S S X S P P building with each unit on its own lot) Tow nhome dwellings (two or more units per S S X S P P building with each unit on its own lot) Condominium multifamily S S X S P P '=' hT o' bd 11 t nisr ( Apartment multifamily (rental X X X P P P units) Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes P P P P P X on individual lots, subject to Section 9.60.180 Resort residential subject to Section C C X C C C 9.60.320 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium - S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H RH 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 Child day care facilities as an accessory use, rdcphif 8� 03 M M M M M X 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 X C C persons, subject to Section 9.60.200 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H RH Time share facilities, subject to Section C C C C C C 9.60.280 Bed and breakfast C C C C C C inns Supportive Housing X X X C C C Transitional Housing X I X X C C C 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 Unlighted tennis and other game courts on private property, A A A A A A subject to Section 9.60.150 Lighted tennis and other game courts on private property, M M M C C C subject to Section 9.60.150 Golf courses and country clubs per P P P P P P Section 9.1 10.040 Driving range with or C C X C C C without lights Accessory Uses and Structures Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium - S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H RH Home occupations, subject to Section H H H H H H 9.60.1 10 Patio covers, decks, and gazebos, subject A A A A A A 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 Keeping of household pets, A A A A A A subject to Section 9.60.120 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H 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 A A X X X X animals 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. 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 C X X X X Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium - S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H RH Produce stands, subject to Section P M X X X X 9.100.100 Temporary Uses Garage sales A A A A A A 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 M M M M M M offices, subject to Section 9.60.250 Special outdoor events, subject to M M M M M M Section 9.60.170 Parking of recreational vehicles, A A A X X X subject to Section 9.60.130 Other Uses Churches, temples and other places of C C C C C C worship Museum or gallery displaying sculpture, artwork or crafts, C C C C C C including schools for above, on 20 acres or more 9$ Table 9-1 Permitted Uses in Residential Districts P = Principal use 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 17 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), A = Accessory use 299 § 17 1997; Ord. 284 § 1 (Exh. A), 1996) C = Conditional use permit M = Minor use permit H = Home occupation permit Medium - S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RV RL RC RM RM H RH Community recreational vehicle X X X P P P 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 to M M M M M M existing facility) subject to Chapter 9.170 Utility substations M M M M M M and facilities Public flood control P P P P P P facilities and devices Other principal, accessory or Director or planning commission to determine whether use is permitted in temporary uses not accordance with Section 9.20.040. listed in this table (Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 17 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 17 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.100 Guesthouses. -9-9 A. Purpose. This section provides standards and criteria for the establishment of guesthouses where such units are permitted in accordance with Section 9.40.040. B.Definitions. For purposes of this code, the following definitions shall apply: 0- =Ft drs gnt rd 111 d' m' ' cds bgdc nq' ss bgdc t nts v gHDg g' r rkldolpf and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. 1- =4ufpf ' co' 11 1 d' nT sgd W-Edcfnq habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. One guesthouse may be established on any single -family residential lot as a permitted accessory use. In the cove residential, medium density residential, medium-high density residential and high density residential zones, only one guesthouse may be permitted on a lot, unless otherwise approved through a specific plan. In the very low density residential and low density residential zones, more than one guesthouse may be permitted with planning director approval. D. Standards for Guesthouses. Guesthouses shall not be permitted when duplexes, triplexes, or apartments occur on the lot. All guesthouses shall conform to the following standards: 1. Detached guesthouses shall conform to all applicable building code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guesthouse shall not exceed seventeen feet and shall not be more than one story. 2. Guesthouses shall be architecturally compatible with the main unit. 3. The floor area of the guesthouse shall not exceed thirty percent of the existing living area of the principal residence. 4. The placement of a guesthouse on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 5T1prp hAll h^ n/1 Li+�^„rhpp AF ^^^Liner fArvilitiPS Within a g es s^ 5. A guesthouse shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guesthouse shall not be rented or otherwise occupied separately from the main residence. 6. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guesthouse to a rental unit or, to a unit for sale, ^r +^ _cdcd - Ll+nhon ^r n^^LiRg fanili+)i 7. If a private sewage disposal system is used, approval of the local health officer shall be required. 8. When constructed with tract homes or prototypical residential units, guesthouse location and design shall be reviewed and approved as a part of the site development permit process. On an individual single -family lot of record, guesthouses shall be reviewed and approved for conformance with these provisions during the building permit plan check process. (Ord. -9-9 480 § 1, 2010; Ord. 445 § 3, 2007; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exhs. A, B) (part), 1996). 9.60.270 Density bonuses for affordable housing. A. Purpose and Application. The purpose of this section is to (1) establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, (2) increase the production of affordable housing, consistent with the blsXJF f n' lc+ naidbAdr+ and policies and (3) implement the provisions nesgd blucJF f dmdq kok mgnt rinf element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the citxJF it *clbstni+-sgd bloc rg' Ikocpulcd the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this Section 9.60.270. B. Definitions. The following definitions shall apply to this section: 0- =4§3mcp' aid gnt rIrf bnrsIl ad' q- sge same meaning as defined in Section 50052.5 of the California Health and Safety Code. 1- =@mcp' aid gnt r Irf t rrtsIl I d' m• ' cv dKirf t nis v lsgfin ' gnt r frrf development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. 2- =@mcp' aid gorrsli I d' rrr sg' s ldudkne rent defined in Section 50053 of the California Health and Safety Code. 3- =@)okb' rrsli I d' rrr ' cdudlnodq or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and subsection C of this section. 4- =Bghc b' co a bhtEx 111 eans a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers. 5- =Bnl I nm Wsdgors cdudlnol drrsli bears the same meaning as defined in Section 1351 of the California Civil Code. 6- =Cdm'luc annt r Il I d' rrr ' cdrrrlsy increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. 7- =Cdudlnol drys rs rrrc' cp 11 1 d' m• rlsd nq bnrrrsq bstnm bnrrchft rr sg' s apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. �s 8- int rluf cdudlnol drys+ll I d' nT nmd or more groups of projects for residential units in the planned deudlnol drys ne sgd blit- int rlrf cdudlnol dwell ' Icn ITrbk cdr ' rt aclulT htm nq bnl I nm W-Edgirs cdudlnol drys+ as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 0/ - env dq h-rbnl d gnt rdgnlcr 11 ad' q' sgd r' I d I d' ntuf ' r cddTtc lin Section 50079.5 of the California Health and Safety Code. 00- =L ' Wt t I ' Itnv ' aid cir lcdrrsh k cdnT [ix 11 1 d' nT sgd cdn-r lix ' Itnv do under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. 01- =L ncdq sd h-rbnl d 11 nq =odq'nm ' me e 1 fifth ne I ncdq sd h-rbnl d means those middle-income families as defined in Section 50093 of the California Health and Safety Code. 02- fit' It We I nandgnl d o' q 11 1 d' rrs a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. 03- =Rdninq bWydm gnt r luf cdudlnol drrsll I d' nT rdninq bWydm gnt r luf ' r defined in Sections 51.3 and 51.12 of the California Civil Code. 04- =RodbhJt ' cudq'd h o' bsJJ I d' nT ' rry adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate -income households. 05- �Jdq( Inv lrbnl d gnt rdgnlcr 11 ad' cp the same meaning as defined in Section 50105 of the Health and Safety Code. C. Qualifications for Density Bonus and Incentives and Concessions. 1. The city shall grant one density bonus as specified in subsection G of this section, and incentives or concessions as described in subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the follow ing. a. Ten percent of the total units of the housing development as affordable housing units affordable to lower income households; or b. Five percent of the total units of the housing development as affordable housing units affordable to very low income households; or C. A senior citizen housing development; or -9�s d. A qualified mobilehome park; or e. Ten percent of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development are offered to the public for purchase subject to the restrictions specified in this section. 2. As used in subsection (C)(1) of this sectinm+- sgd sdd ins k t afar II does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus. 3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this section shall elect whether the bonus shall be awarded on the basis of subsection a, b, c, d or e of subsection (C)(1). Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the developmdrrs* rs st r ' r ' rdntnq bh ydm housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined. 4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing. D. Continued Affordability. 1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the city to ensure and guarantee the continued affordability of all low -and very low income units that qualified the applicant for the award of the density bonus for a period of thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner -occupied affordable housing units shall be available at an affordable housing cost. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder. b. The agreement shall also include the following provisions: i. The applicant shall grant the city the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the ' ookb' ns* rt bbdrrnq fin WEdgors shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the city, 94 confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very -low income households as adjusted by the Consumer Price Index; and iii. The city shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households. 2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the initial occupant of moderate -income units that are related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. With respect to moderate -income units in a common interest development, the city shall require the applicant to enter and shall enforce an equity -sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity -sharing agreement: a. Upon resale, the seller of the moderate -income unit in a common interest development unit shall retain the value of any h ocpudl dnw+sgd cnv mo' xl drys+' rrc sgd rdl#dq* ocponq#nni sd rg' co of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five +ham years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code. b. For purposes of this subsectinm'C('1(+sgd blix4 lvit krtarlcx shall be equal to the fair market value of the moderate -income unit in a common interest development at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. C. For purposes of this subsecthtm'C('1(+sgd blucJF ocponqp1nni sd share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate -income unit in a common interest development at the time of initial sale. d. The applicant shall grant the city a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers. E. Incentives and Concessions. 1. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this section. The applicant may also request a meeting with the city to discuss such proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection D of this section (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and Safety Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. C. The concession or incentive would be contrary to state or federal law. 2. If the conditions of subsection C and subsection 1 of this subsection E are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions: a. One incentive or concession for housing developments that include: At least ten percent of the total units affordable to lower income households; or at least five percent of the total units affordable to very low income households; or at least ten percent of the total units affordable to persons and families of moderate income in a common interest development. b. Two incentives or concessions for housing developments that include: At least twenty percent of the total units affordable to lower income households; or at least ten percent of the total units affordable to very low income households; or at least twenty percent of the total units affordable to persons and families of moderate income in a common interest development. C. Three incentives or concessions for housing developments that include: At least thirty percent of the total units for lower income households; or at least fifteen percent for very low income households; or at least thirty percent for persons and families of moderate income in a common interest development. 3. For the purposes of this section, available concessions or incentives may include any of the follow ing: a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located. C. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this section, the parking ratios set forth in Government Code Section 65915 (and subsection K of this section) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant. 4. This subsection does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly -owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this subsection require the city to grant an incentive or concession found to have a specific adverse impact. 5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. The application and review process for a proposal of incentives and concessions is set forth in subsection L of this section. F. Waiver/Modification of Development Standards. 1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this section. The applicant may also request a meeting with the city to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (a) the waiver or modification is necessary to make the housing units economically feasible, and (b) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection (C)(1), at the densities or with the concessions or incentives permitted by this section. 2. Nothing in this subsection shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact. 3. The application and review process for a waiver/modification of development standards is set forth in subsection L of this section. 4. Waiver or Reduction of Development Standards a. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable ssnq-ndxJF eddr ' rrc bnrsr ne rt Is- Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal I aw . b. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C. G. Specified Density Bonus Percentages. Only housing developments consisting of five or more dwelling units are eligible for the density bonus percentages provided by this subsection. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (C)(1). 1. For housing developments meeting the criteria of subsection (C)(1 )(a), the density bonus shall be calculated as follows: Percentage Low -Income Units Percentage Density Bonus 10 20 Percentage Low-income Units Percentage Density Bonus 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (maximum) 2. For housing developments meeting the criteria of subsection (C)(1 )(b), the density bonus shall be calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (maximum) 3. For housing developments meeting the criteria of subsection (C)(1)(c) and (d), the density bonus shall be twenty percent. 4. For housing developments meeting the criteria of subsection (C)(1 )(e), the density bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 9$ Percentage Moderate Income Units Percentage Density Bonus 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 (maximum) 5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this section. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. 7. The application and review process for a density bonus as provided by this section is set forth in subsection L of this section. H. Land Donation. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows- -9-9 Percentage Very Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (maximum) This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty- five percent, if an applicant seeks both the increase required pursuant to this subsection and subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection rg' W ad bnnTsq do sn drrk cf d nq ch hrftg sgd blscJF ' t sgnc* sn gopt Ito ' m applicant to donate land as a condition of development. 1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development. C. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate -9-9 general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city -approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one- quarter mile of the boundary of the proposed development. g. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. 2. The application and review process for a donation of land and related density bonus is set forth in subsection L of this section. Child Care Facilities. 1. When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child care facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer. a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur: �s a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D. b. Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households. C. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. 3. The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in subsection L of this section. J. Condominium Conversions. Any developer converting condominiums of a Housing Development of five units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915. K.By-Right Parking Incentives. Housing developments meeting any of the criteria of subsection (C)(1), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer: 1. Zero to one bedroom dwelling unit: one onsite parking space; 2. Two to three bedrooms dwelling unit: two onsite parking spaces; 3. Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, a development may provlcd =turfed o' q Irf 11 sgcpt f g s rrcdl parking or uncovered parking, but not through on-street parking. L. Application and Review Procedures. 1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this section shall be submitted with the first application that is submitted for approval of a housing development and processed concurrently with all other applications required for the housing development. Notwithstanding any other requirements, affordable housing projects processed under this section shall require approval of a conditional use permit, subject to the requirements of Government Code Section 65589.5(d). The application shall be submitted on a form prescribed by the city and shall include at least the following information: a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability. C. A specific description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under subsection E. d. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in subsection H can be made. e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included subsection I can be made. 2. An application for a density bonus, incentive or concession pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. 3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the planning commission. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies: a. The waiver/modification is not required to make the proposed affordable housing units feasible; or b. The waiver/modification will have a specific adverse impact. 94 The decision of the planning commission may be appealed to the city council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 4. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval. (Ord. 451 § 1, 2008: Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.350 Reasonable Accommodation I_1 C IB' Purpose and intent. 1. To establish a procedure for requesting reasonable accommodation for persons with disabilities in the application of land use, zoning and building policies and practices. 2. To fully comply with the intent and purpose of the federal Fair Housing Act and California Employment and Housing Act. 3. The City encourages the development community to coordinate with property owners to incorporate interior residential design modifications for people requiring special adaptations, when requested by the property owner. Such modifications may include wider interior doorways, zero - entry showers, and lowered kitchen countertops that enhance accessibility. Applicability. This section applies to persons with disabilities, their representatives, and developers of housing for individuals with disabilities who seek equal access to housing under fair housing laws and flexibility in the application of relevant regulations, policies, practices, and procedures. Definitions. fid' r nrri aid ' bbnl I nc' s1nmII I d' nT sgd ocpbdr r ne ocpulclnf ddWahtEx hnn the application of land use, zoning, and building regulations, practices, and procedures to eliminate barriers to housing opportunities for persons with disabilities. =klq'nm v fsg ' cIT' ahtEx Il IT ' odq'on with a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. Submittal Procedure. Any person with a disability, his/her representative, or developer of housing for individuals with disabilities may request reasonable accommodation as it pertains to land use, zoning, and building regulations according to the following parameters: 1. A written request shall be submitted to the Community Development Director and shall contain the following information. a. ftokb' rrs* ni I d+' ccgorr+' rrc sdidognmd nt I adq b. Address of the property for which the request is being made; c. Property owner(s) name and address; d. Current use of the property; -9�s e. Descriotion of reauested accommodation and why it is deemed necessary; f. Policy or regulation for which reasonable accommodation is being sought. 2. The City shall provide assistance, if necessary, to ensure that the reasonable accommodation process is accessible. 3. Information identified as confidential by the applicant shall be safeguarded and shall not be made available to the public. 4. If the project for which the reasonable accommodation request is being made requires other discretionary approvals (such as design review, conditional use permit, zone change, etc.), the applicant shall file the written reasonable accommodation request in conjunction with the application for discretionary approval. E. Review Procedure. 1. If no approvals are being sought other than the request for reasonable accommodation, the request shall be reviewed by the Community Development Director or his/her designee, and he/she shall make a written determination within 45 days of the original request date, in accordance with Section 9.60.350(G). 2. If the request for reasonable accommodation is submitted concurrently with other discretionary land use applications, it shall be reviewed by the authority reviewing the discretionary application, and the authority shall make a written determination within 30 days of the oriainal reauest date. in accordance with Section 9.60.350(G). 3. The reviewing authority may request additional information from the applicant, consistent with fair housing laws, if deemed necessary. In this event, the 30 -day review and decision period is stayed until the applicant responds to the request. F. Findinas and Determination Procedure. 1. Sgd ' t sgnc#icJF v *sdm cdbfThtm rg' Wf Cpnt, grant with modifications, or deny the request for reasonable accommodation, consistent with fair housing laws. 2. The findinas shall be based on the followina considerations: a. Whether the subject property will be used by an individual with disabilities protected under fair housing laws; b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws; c. Whether the requested accommodation would impose undue financial or administrative burdens on the City; d. Whether the request for accommodation would require a fundamental alteration in the nature of a City program or law; e. Potential imaacts on surroundina land uses: f. Alternative reasonable accommodations that may provide an equivalent level of benefit; 3. The reviewing authority may impose Conditions of Approval deemed reasonable and necessary. 4. Sgd gouldv lTrf ' t sgngicJF v gssdm cdsdd Ini smm rg' W f lud rmstbd ne sgd ookb' nB* of gs sn ' ood' k 5. If the reviewing authority fails to render a written decision within the 30 - day time period allotted in Section 9.60.350(F), the request shall be deemed granted. 6. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the subject property shall remain in of f ect . G. Appeals Process. 1. The aaalicant may aaaeal an adverse decision in w ritina to the Plannin Commission within thirty (30) days of the date of the reviewing t sgnc#icJF v *sdmcdbfThnm- 2. If necessary, the City shall provide assistance in filing an appeal to ensure that the appeals process is accessible. 9.60.360 Emergency Shelters. A. Purpose. 1. To ensure the Zoninq Code facilitates emerqencv shelters under the Housing Accountability Act (California Government Code Section 65589.5) and in accordance with the requirements set forth in California Government Code Section 65583, as amended. 2. To provide zonina. development. and manaaement procedures for emergency shelters. 2- Sn h oldl drys sgd Blit* Fdmdq kPlan Housing Element policies and programs relating to the provision of emergency shelters. B. Definitions. =I dc# drrbx RgdledqII I d' nT gnt Orf v lsg I hTi ' k rt oong3tud rdcphDdr Eng homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. C. Develoament Standards. 1. The maximum capacity of an emergency shelter shall be 20 beds or persons. 2. On site management and security shall be provided on a 24 hour/7 day per week basis. 3. Residency in an emergency shelter shall be limited to six months or less per individual. Chapter 9.70 NONRESIDENTIAL DISTRICTS 9.70.090 MC major community facilities district. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, corporate yards and similar uses at locations identified on the general plan. Emergency shelters are also permitted. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.220 Operational standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. A. Equipment. All ground -mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. Such screening shall consist of perimeter walls or fencing (if permitted), screen walls, or dense landscaping. B.Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. C. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. D. Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and firefighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by city code. E. Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X- ray diagnostic equipment. F. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. G. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Buildings should be designed to minimize energy consumption and should implement the energy efficiency measures provided in the Bli-xJF Fgldrrgnt rd F r Qdct bstnmCk m - H. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. I. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the State Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.110 SPECIAL PURPOSE DISTRICTS 9.110.010 Summary of district regulations. A. Purpose. This chapter contains the purpose and intent of each special purpose district together with a summary of the zoning regulations applicable to each. B.Permitted Uses. Chapter 9.120 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as setbacks and building heights) for special purpose districts are summarized in this Chapter 9.110 and in Chapter 9.130. D. Supplemental Regulations. 1. Special Purpose Supplemental Regulations. Chapter 9.140 contains supplemental regulations for each special purpose district, such as hillside conservation regulations, flood hazard reduction requirements and restrictions on sexually oriented businesses. 2. General Supplemental Regulations. General supplemental regulations pertaining to special purpose districts shall be the same as those for nonresidential districts as set forth in Chapter 9.60. Parking shall conform to Chapter 9.150 and signs to Chapter 9.160. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.020 Types of special purpose districts. A. Base Districts. The PR, GC, OS and FP districts are base districts designed to provide for park and recreation, golf course and open space land uses respectively. B.Overlay Districts. The HC, SOB, aad EOD__and AHO districts are overlay districts, i.e., districts to be used only in combination with a base district (such as the OS open space or CR regional commercial districts) in order to regulate certain special aspects of land use in the interests of public safety and protection of surrounding properties. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control. C. Overlay Zoning Designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol enclosed in parentheses. For example: CR (EOD). D. SOB Overlay District. The SOB sexually oriented business overlay district shall be used only in combination with the CR regional commercial base district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.100 AHO Affordable Housing Overlay district. A. 1. Purpose and Intent. To permit the development of affordable housing at higher densities within commercial zones and other specified residential sites while maintaining consistency with underlying base land use designations. 2. To provide increased and enhanced housing opportunities for low and 3. 4. very low income residents. Sn ' bbnl I nc' sd sgd Bli-xJF regional housing need. To encourage lot consolidation and maximize the housing potential of 5. vacant and underutilized sites. To provide mixed use nodes that facilitate reduced vehicle miles and proximity to services and mass transis+ bnnTITsdrrs v lsg sgd Bl!-XJF Greenhouse Gas Reduction Plan and Transportation Demand Management B. C. principles. Development Standards. Section 9.140.090 District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP, CN, CR, and VC districts, and other sites identified on the official zonina mar). Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 9.120.010 Development permits required. s3 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: 0- =01190:1 j Issdc ' r ' o4rrblm' kt rd v Isghn sgd cIT s#sr 1- =(0190d0 Issdc nnix fe' bbdrrnq to the principal use on the site. 2- =13119 Odq Issdc ' r o#blm' k or accessory use if a conditional use permit is approved. 3- =S 119 Odq Issdc nm sdl onq q( a' r IT fe ' sdl onq q( t rd odd Is IT approved. 4- =VqJ90cpgfaIsdc hnsgd cIT9#sr Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use = Accessory use C = Conditional use permit District T = Temporary use permit = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Housing and Course Space plain Conserv- Oriented Overlay Overlay Recreatio ation Business n Overlay Overlay Land Use PR GC OS FP HC* SOB'` D* AHO* Open Space and Recreational Uses Open space P P P P P P ** 1 Public parks, lakes and passive P X P P P X recreation facilities Playfields, lighted P X X X X X or unlighted Bicycle, equestrian P X P P P P and hiking trails Libraries and C X X X C X museums Visitor centers C X C C C X ** 1 Clubhouses and community P A X X X X pools/cabanas Tennis courts or P A X X X X ** 1 s3 Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use = Accessory use C = Conditional use permit District T = Temporary use permit = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford-able Housing and Course Space plain Conserv- Oriented Overlay Recreatio ation Business Overlay n Overlay Overlay complexes, public Tennis clubs or C A X X X X complexes, private Golf courses and country clubs, including C P X X X X clubhouses and other customary accessory uses Golf courses without above- ground structures, C P X P C X including fairways, greens, tees and golf-cart paths Accessory Uses and Structures Signs, subject to A A A A A A Chapter 9.160 Fences and walls, subject to Section A A A A A A 9.100.030 Satellite dish and other antennas, A A A A A A subject to Section 9.100.070 Temporary Uses Temporary outdoor events, subject to T T T T T T Section 9.100.040 Other Uses 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 J;s Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use = Accessory use C = Conditional use permit District T = Temporary use permit = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Housing and Course Space plain Conserv- Oriented Overlay Recreatio ation Business Overlay n Overlay Overlay 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 M M M M M M to 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 Public flood control facilities and P P P P P P devices Other principal, Director or planning commission to determine whether use is permitted in accordance accessory or with Section 9.20.040. temporary uses not listed above * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. * * As permitted in the underlying base district and in Section 9.140.060. 1 As permitted in the underlying base district and in Section 9.140.090. Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met (per Section 9.140.040) and a conditional use permit is approved. Jis (Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS 9.130.010 Table of development standards. Table 9-9, following, contains standards for development of property within special purpose districts: Table 9-9 Special Purpose District Development Standards Development Standard District PR GC OS FP HC SOB EOD AHO Minimum building site n/a n/a n/a Maximum structure height (ft.)' 28 28 28 * * * * * * * * 405 Maximum number of stories 2 2 2 * * * * * * * * 45 From 50/5 50/5 50/5 50/5 50/5 Highway 1 1 1 50/50 50/50 0 0 0 0 0 right-of-way From perimeter 30 30 30 * st reet ROWs From all primary image corridor rights-of-way 30/2 30/2 30/2 30/2 30/2 (except Hwy 30/20 30/20 Minimum 0 0 0 0 0 111) and perimeter from all major building/landscape setbacks (ft.) and primary arterials From abutting residential 30 30 30 ** *** *** property or districts From abutting commercial and other 20 20 20 ** *** *** nonresidential property or districts Minimum setback from interior property lines within the same 0 0 0 * project a Parking and signs See Chapter 9.150 and 9.160 Fences and walls F See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 9.100.050 As required for needed flood control structures. * * As provided in the HC supplemental regulations, Section 9.140.040. * * * As provided in the underlying base district regulations, subject to the additional requirements of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060; AHO, Section 9.14.090. Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or primary arterials. 2 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; non -parking areas: minimum 5 percent. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). 4 In the AHO, for interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28 -foot building height. 5 Except within 250 feet of any property zoned Very Low Density Residential or Low Density Residential in which case the maximum height allowance is 32 feet and the maximum number of stories is three (Ord. 445 § 4, 2007: Ord. 284 § 1 (Exh. A), 1996) Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS 9.140.090 AHO Affordable Housing Overlay regulations. A. Applicability. 1. The AHO overlay district and the provisions of this section i to all areas of the blit bnrrs luferf sgd =Ga N 11 nudcK x cdrff rri tion on the official zoning map. These include the CC, CP, NC, RC, and VC commercial zones, and other sites, as designated on the zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the AHO regulations, the AHO regulations shall control. B. Definitions. 0- =4PJ3mcp' aid gnt rIrf t rrtsll I d' m- ' cv dttng unit within a housing development which will be rented or sold to and reserved for very low income households, low income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. C. Permitted Uses. 1. Any use permitted, either expressly or by conditional use permit, in the underlying zone; Jis 2. Affordable housing residential units on lots 1 acre or greater in size, including those that are stand-alone, next to, and/or above non-residential uses. D. Development Standards, All residential uses. DEVELOPMENT STANDARDS AFFORDABLE HOUSING OVERLAY DISTRIBS Qdrtcdnih kTrdr hmBnl I d h k Zones Minimum lot size 1 acre Minimum lot frontage 100 ft. Maximum structure height 40 ft.5 Maximum number of stories 45 Minimum front yard setback (non -garage portion of dwelling) 20 ft. 1,2 Minimum interior/exterior side yard setbacks 10/15 ft.2 Minimum rear yard setback 20 ft. Minimum buffer between residential units and Hwy. 111 corridor 300 ft.3 Maximum lot coverage 60% Minimum livable floor area excluding arae 600 sq. ft. Minimum landscape setbacks adjacent to perimeter street s4 10 ft. minimum at any point, 20 ft. minimum average over entire fronts e Minimum common open area3 30% Projects with 5 or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 and 25 feet or more in order to avoid streetsca e monotony. 2 For interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level o may be a combination of at grade and airspace above the 28 -foot building height. 3 May be less where residential units are located within mixed use development. 4 Per the landscaping and open sace standards of Section 9.60.240. 5 Except within 250 feet of any propertyzoned Very Low Density Residential or Low Density Residential in which case the maximum height allowance is 32 feet and the maximum number o stories is three (3). 9.280.030 Definition of terms. =@3` rrcnmdc 111 d' nT ' rsq bst co nq t rd+sge development or operation of which has been ceased or suspended. =@3t sste 11 nq = ci' bdrrsIl I d' rrr sv n nq more parcels sharing a common boundary at one or more points. = bdr r .df qor r 111 d' nT ocpuIT hnm enq drrsdcfnf ' r f-Sd ecp1 ' cp' cv ' x ' rrG dwtrf ' r hid onto a roadway via motorized vehicle. = bdrrnq( at kI rf nq rsq bst golf I d' nT ' at kI rf nq rsq cture, the use of which is subordinate and incidental to the main building or use on the same building site. = bdrrnq t rd li I d' nT ' k rrc t rd rt ancphri to and incidental to the principal use on the same building site. = st ' k bnrrrsq bs1nmJJ I d' m- sgd ' bst ' k olacing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. =@�1 "sq stud nedbd 11 1 d' rrr ' oR bd ne business for the rendering of service or general administration, but not including retail sales. Adult Business, Adult Entertainment Business or Adult Oriented Business. See =rdwt ' k ncfd sdc at rh drr+l Bg' oter 5.80 of the municipal code. Advertising Device or Display. See sign definitions, Section 9.160.120. =03mcp' aid gnt r turf t nisll I d' m• ' cv dktnf unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. =@idx 111 d' m' ' rdbnn-c' qac I d' m- ne ' bbdrr sn abutting property located at the rear or side of the property. =gc,dq stnmll I d' m­ ' rrx ogxrtb' k bg' of d fin the internal or external composition of a building or other structure. Animal Hospital or Animal Club- Rdd =udsdgn qac bltnit-11 a@Tsdmri 11 1 d' rrr ' cdurbd enq sq m-1 tsrf nq receiving radio, television, satellite, microwave or any other transmitted signal. =@)` qN drrsli I d' rrr ' cv dtttrrf t nis v Isghn an apartment building designed and used for occupancy by one family on a rental basis. =@)` qN drys at hcIrf nq' o' qN drys ocpidbsll I eans a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental basis. fit' +Cglidbs Mds- Rdd =ocpidbs rrds' qd' -JJ =s bgdc rsq bst qdr 111 d' m- sv n nq I nqd structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty inches in height above the finished grade. �s bgdc Cv dktnf nq W bgdc Qdr Icdn-di k Rdd =cv dktnf +' ss bgdc- snl naW coo' Iq rodbh Imc rgno 11 1 d' rrs a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. =@ snl nand rdgatbd rs stnmll I d' m- ' cos Ikplace of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. =@ sn1 nand v gdbj Irf 11 nq= t sn1 nand ctrI ' rrEkff 111 d' rrr sgd rsnq f d nqs j Irf ' o' cp of damaged or wrecked vehicles or the sale of such vehicles or their parts. =@v nirf 111 d' m' ' cpngk) d bnudq sg' s IT ' ttached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. =A' rdl drrsli I d' nT ' g' a[! ald at kIrf level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. =Adc ' rr, aqd' j e rslJ nq =A % All I d' m- an establishment primarily engaged in providing temporary lodging (i.e., less than thirty days) for the general public with access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. =Adccpnl 111 d' rrr ' rrx g' aI$' aid cpnl sg' s may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. add 111 d' nT ' I nt rrc nq dl a' nj I drys ne d' cpg- Billboard. See sign definitions, Section 9.160.120. fin' cpIrf gnt rd 111 d' rrr ' rrx at held nq ongoon thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. =At hc' aid ' co' 11 1 d' nT sgd onqp1nm ne a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. =At held 111 d' nT ' mdnbkirdd structure having a roof supported by columns or walls. =At hclrrf gdff gsll I d' m' sgd height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010. At held + L ' In =L ' Ian at held 11 1 d' nT sgd building containing the main or principal use of the premises. At held +Qdinb' s aid- =Qdinb' s aid at held 111 d' nT ' at facing which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. =At held risd 111 d' nT ' o' c�dknq bnrrslf t nt s parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. =At held rind ' co' 11 1 d' m- sgd gncjynrrs k area within a building site expressed in square feet, acres or other area measurement. At hclnf RIsd Bnudq f d- Rdd its bnudq f d-11 At he Iff RI -Ed+ O rrg' rrr, Id n q ER f - Rdd ==In s II cddfvi& m- - At held RI-sd+Sgcpt f g- =Sgcpt f g at hcI ff rl-sd II 1 d' m• ' at hcI ff rl-sd g' uIrf eprrs f d nmsv n o' q Itdknq' oocpvA ' sdlK o' q Itdkrsgddsr- Rdd =6gcpt f g kis-11 At r I -rd r r O q- Rdd uric t r" k o' q -11 =B DP @01 1 d' nT sg d B' Ren qTH Drru Itp ni d as k P t ' Rixa)s- =B' cos j dgll I d' m' ' odq-nmv gn itudr nmsgd premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. =3' cpncpll I d' nT ' cpnedc rsq bst qd nq' ongion of a building which is open on two or more sides for the parking of automobiles belonging to the occupants of the property. =BdW q1I 1 d' nT ' rrnrrg' al! aid at held Idudkwhich: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. s� =Bdg3Wb' sd ne nbbt o' rrbx 11 nq =bdqpWb' sd ne t rd ' rric nbbt o' rrbx 11 1 d' nT ' odd Is issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. =Bgk c' x b' qi bdrrsdgll nq =cgirbgnnl J I eans a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. =Bglic c' x b'co a Mitac ll 1 d' nT+bnnTITsdrrswith Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes both child day care centers and child day care homes. =B g k c' x b' qi g n l d 11 nq =6 I lac c' x b' qi g n l d 11 1 d' nT + b n nT IT sd rrs v Isg Rd bs[n m 1596.78 of the State Health and Safety Code: 0- =E' I lac c' x b' qi gnl d 111 d' rrr ' gnl d sgat regularly provides care, protection, and supervision for fourteen or fewer children, Inn sgd ocpulcdq* nv m gnl d+Enq od#cr ne less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. 1- =C of d e 1 hx c' x b' qi gnl d 111 d' nT a home that provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home. 2- =RI ' Idce 1 hx e' x b' qi gnl d11 1 d' rrr a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home. =Bfic 111 d' nT sgd bfuc ne K Pt IPrs - =3fi.x bnt rrbQ I d' nT sgd bloc bouncil of the city of La Quinta. =Bid' niff oR rrs nq R t nuqc oR rrs1l I d' m­ a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Bkntb+ L dclb' k =L dclb' kbkrtb11 1 d' rrr ' m organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. =Bk a 111 d' rrr ' m' rrnbh slam ne odq-nnT Enr some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. =Bncd ll 1 d' nT sgIT ynnipf bncd t nidrr ' rmsher code, ordinance or law is specified. =Bn1 I dc$ h 1�1 I d' nT nodq sdc or conducted on a frequent basis for the purpose of financial gain. Bnl I dcibh kBdrrsdq- Rdd =rgnoolrf bdrrsdq­11 =Bn1 I dcPh k gibgi' s1nmJJ I d' nT ' rrx t rd nq activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. =Bn1 I dcbh kudghDid 111 d' rrr ' udghDid bt rsnl ' q1y used as part of a business for the transportation of goods or people. =Bn1 I ITrinmll I d' nT sgd oR mrirrf bnl I ITrlmn of the city unless another commission is indicated. BnI I t nisc B' qd E' bhtsx- Rdd =cOrIcdrrsh kb' qd a bhtEx-I =Bn1 I t nrtec ' o' co drrs ocpidbsll I d' nT ' ocpject in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. Bnnuhbni kTrd Odl Is- Rdd =4 rd odd ILII =i3nnrGnl " 1 11 1 d' m'+ bnnTITsdrrs v Isg Rection 1351 of the State Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. =Bnnrf gif ' sd b' gi a Mitac 111 d' nT ' e bhtEx ocpuiding care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. =B n nrf gi f ' sd Itu Inf e b htEx 111 d' nT ' r Inf Id e 1 hx qd r Ic d rrsh k6 b htEx v g f bg IT kbd nT d c by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of r s sd R v- 'Rdd ' k n =cO r Ic d rrsh kb' qd a b htFx -IIS =Bnrru' klrbdrrs gnl d11 nq =bnrru' klrbdrrs gnrols �I I d' nT ' e Mitac RbdnTdc ax sgd State Department of Health Services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home or home for the aged. =Bnrrudcr nm ocpidbsll I d' nT ' m' o' qN drrs house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. BngrdgKns- Rdd cddrtstnnT t nudq==ins-II =ant n-Ex 111 d' nT sgd bnt n-Ex neCtudq-Ice unless another county is indicated. C' x B' gi Bdnredq- Rdd =bghc c' x b' gi bdrrsdq-II =CdbIT Inm I 'j Irf ' t sgnc* 11 nq =cdbIT Inm I 'j Inf ancx 111 d' m- ' odrson or group of persons charged with making decisions on proposals, applications, or other items brought before the city. =CdnT Is(11 1 d' m- sgd nt I adq ne cv dW rf t nils per gross acre, unless another area measurement is specified. ids bgdc at hcluf nq rsq bst gi 11 1 d' nT ' building or other structure that does not have a wall or roof in common with any other building or structure. =Cdudliol drrs11 I d' rrr+nmR n-c nghnnngt nicer water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, c59 subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. =CkObsngJJ nq =oR m tuf ckobsngll I d' rrr sge planning director of the city or the ckobsn4 ' t sgncfydc ' f drys nggooqordrrs Ad - C IT sobs- Rdd =yn ntrrf c IT sobs -11 District, Nonresidential. Sdd =rmm:Or1cdrrEh kcITsgbs-11 CIT sobs+Qdr Icdm4i k Rdd =cOr Icdrrsh kcITsobs- II CIT9#s+Rodbh ka cpnrd- Rdd =rodbh kot cpnrd cITs#s-11 =C#d,hnJJ nq=c#d,sgcpt f g 111 d' nT cdrIi mdd or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. =Ccjudv ' x 111 d' nT ' udghDt R q o' rr' f dv 'x providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. =C#dv ' x ' oocp' bg 111 d' nT ' cdrIi rri sdc ' cpa between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. =Ct oldwJJ I d' m' ' odd ' mdrrs at held bnm3aining two dwelling units on a single lot. =Cv dlttrrf 11 1 d' m' ' at hchrrf nq onq#nm sgereof designed and used for residential occupancy, but not including hotels or motels. Cv dlttrrf + W bgdc- =s bgdc cv dlttrrf 111 d' nT ' I ' Ian cv dlttrrf t nts ' ss bgdc sn nmd or more other main dwelling units by means of a roof or interior wall. Cv dlttrrf + L ' Inn nq 041 ' q Qdr Icdrrbd- =L ' Inn cv dRtuf nq odi ' q qor Icdrrbd 111 d' nT sgd dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Cv dlttrrf + L t 166 1 Inc- =L t 16W I k cv dlttrrf 11 1 d' nT ' at hcITrf bnas Irrtrf sggod nq more dwelling units on a single parcel or building site. Cv d Ittrrf + RITrf Id , E' I k- =Rtu f Id , e I Inc cv dktnf 111 d' nT nand I ' Ian cv d lttrrf t rrts n m single parcel or building site. Cv dlttrrf + Rfrrf Id,E' I Inc W bgdc- =Rlnf kl,e I k ' ss bgdc cv dlttrrf 11 1 d' rrr ' I ' Ian dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Cv dlttrrf + RITrf Id,E I Inc Cds bgdc- =RITrf Id,e I k cds bgdc cv dlttrrf 11 1 d' nT ' I ' Ian dwelling unit not attached to any other main dwelling unit. Cv dlttrrf +O stn Gnl d- = sfn gnl d cv dktnf 11 means a single-family detached dwelling shifted to one side of the lot, i.e., placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Cv dlttrrf + Snv mgnl d- env rrgnl d cv dktnf 11 1 d' m' ' I ' Ian cv dktnf t rrts ' ss bgdc typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. c59 =Cv dWrf t nidi I d' nT nmd nq I nqd cpoms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Cv dWrf Tats+Rdbnrcc- Rdd =rdbnrcc gorlcdrrsh kt nts-11 =U rdl drrsll I d' nT ' gdbncpdc right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. pct b' stnai k lTrrshA stnmll I d' nT ' ocu' se or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. =Dldu' s1nmJJ I d' nT sgd udqtb' kclTs rrbd ' anud rd' kludk =1 dqf drrbx RgdlsdqII I d' nT gnt rluf v lig minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. =1 olnxdd& pt ' cpdcr 11 1 d' nT pt ' cpdcr+ v gich may include full bathroom and/or kitchen or cooking facilities WithG61t GeekiRg fAr-iliti,96, for the housing of domestic employees and located upon the same building site occupied by their employer. =Dnibkirdc 111 d' nT cpnedc ' rric bnas l-ndc nm all sides by walls which are pierced only by windows, vents or customary entrances and exits. =Dvvbdostnmll I d' nT ' Nix,' oocpudc cduh s1nm ep1 ' cdudlnol drys rs rrC' cp a' rdc nm the following types of findings by the decision-making authority - 1 . uthority:1. A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and 2. One or more specific findings justifying the particular exception requested. =E' I Inc 111 d' nT nmd nq I nqd odq-nnT nbbt oxIrf nmd cv ditf t nim Sgd v ncp = I hx8& includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permittee ngkbdnTdc ax sgd rs sd- Sgd v ncp = I Inc 11 does not include occupants of a fraternity, sorority, boardinghouse, Iodginghouse, club or motel. E' I lac C' x B'co Gnl d- Rdd =bghc c' x b'co gnl d -II Flag. See sign definitions, Section 9.160.120. ER f Kns nq O mg' nucld Kns- Rdd cddrts[nnT t nucdq=in s- Anne 111 d' nT ' f dmdq k' rric sdl onq qac bnnuhion of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. =Ekinc lTrrt q rrbd q sd I ' o ' EKL (11 nq mood boundary and fIoodw' x I ' o 111 d' m sgd official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. =ElnncoR hnJJ 1 d' nT sgd R rr, ' co' ' ci' bdrrs sn ' v ' sdc$ nt q -d ' nuc nsgdq R rrc ' co' r susceptible to being inundated by water. =ElnncocpnelTrf 11 1 d' rrr ' rrx bnl alri stnm ne structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. =Elnncv 'x 111 d' rrr sgd bg' rmrdk ne ' #dq nq other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. �s Einnq@IJ' +Fcprr- Rdd =f cprr dnnq' co' -11 Einnq@IJ' +Kfu' aid- Rdd =tu' aid dnnq' co' min nq ' co' q s1n 111 d' nT sgd nt I dqb' k u' R d nas f-rdc ax c fufc frrf sgd f cp r r do nq ' co' of all buildings, except parking structures, located on a building site by the building site area. =Eq sdgYtuc gnt rd 11 nq =rncpc* gnt rd 11 1 eans a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding Sign. See sign definitions, Section 9.160.120. Ecprrs Kns Kfrrd- Rdd cdd nm' t rrcdq=ins itrrid-11 F' r Rs s1n m nq Rdcp ftd Rs stnm­ Rdd —_'t sn 1 n a fid r dcp ftd r s stn m} II =F' q f d 111 d' m' ' at hcfrf nq portion of a building used primarily for the parking of motor vehicles. =Fdmdq kok mll I d' m- sgd f dmdq kplan of the city of La Quinta. =F nudcpi drys bncd 111 d' nT sgd California Government Code. Fq cd+ @.dq f d- =@�dq f d f q cd 111 d' m' the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land. Fq cd+ @.dq f d Ehft-hrg- = dq f d duftg f q cd 11 1 d' m• sgd didu' s1nm cdsdd f-rdc ax averaging the highest and lowest elevations of a parcel, building site or other defined area of land after final grading. Fq cd+ Byrtrg- =EhiiTg f q cd 11 1 d' m' sge ground elevation at any point after final grading. =Fq cIrf 111 d' nT sgd diftf +dwb' u' s[mmngother movement of earth for any purpose. =Fq m-rx d< s nq f q m-x gnt rfrf 11 1 d' rrs a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons sixty-two years of age or over, and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed thirty percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed one thousand two hundred square fdds- 'Rdd ' it n =rdbnnr, qdr fcdrrsh kt ms-11( =Fq yfrf 11 1 d' nT sgd ' bs ne o' rst qnf ituestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. =Fcprr ' bqd' f d1l 1 d' m• sgd R nuc ' co' +dv&ogdssed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Fcprr CdnT[ix- Rdd =cdm'fvc-II =Fcprr dnnq' co' 111 d' m• sgd sns krpt' qd footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross Lot or Parcel Area. Rdd mss' co' +f cprr-11 rcpt nuc dnnq ' co' 111 d' m- ' itc dnbkirdc ' co' v hhin the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post-supported roofs over patios and walkways are not included. Fcpt nuc Rff m- Rdd =eVdrs nrlrf rff mll hnsign definitions, Section 9.160.120. =Guest house]] means a detached unit which has sleeping and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities, but n„ Geelong faGiliti.. and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. G als� aid @V'- Rdd =tu' ald donq' qd' -11 =G' als� aid cpnl 111 d' rrr ' rrx room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. =G' y' cent r v ' rsd jj 1 d' rrr ' v ' rsd nq bnl aination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical or infectious characteristics, may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Gnl d Engsgd @fdc- Rdd =bnrru' ldrbdrmgnl d -II =Gnl d nbbt o' slnmjj I d' m- ' m nbbt o' stnm or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. enrolsA I d' m- ' e bhtix Rbdrrrdc ax sgd Rs sd Cdo' qo drrs ne Gd'16g Rdgalbdr providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. =GnsA I d' rrr ' rrx at hclrf nq onq#nm thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and which has cooking facilities in less than twenty-five percent of the guest rooms. Identification Sign. See sign definitions, Section 9.160.120. =ncr t r" k o' q �j =at r hrd r r o' q 11 nq =n edbd o' q 11 1 d' nT rm m:0 r lc dash k development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. =Rsdrrr ii.x jj I d' m• sgd idudk ne cdudinol drys or activity associated with a land use, as measured by one or more of the follow ing: 1. The amount of parking required for the use per Chapter 9.150. 2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. F sdctnq Kns ftt- Rdd cddnls[nm' t rrGdq its idrrid- =J dnntk nq ' n i ' k rgdlsdgll I d' m' ' me ocpodcpy w here four or more dogs are kept or maintained for any purpose except for treatment at pet grooming services or veterinary clinics or hospitals. =;J lsbgdmll I d' rrr 'rrx cpnl idc nq o' crp ne which is designed and/or used for the cooking or other preparation of food. • nu Trd- Rdd =4 rd -11 • nuc T r d F sdrrr lix- Rdd =hrsdrrr lix- • nrd*-R nt! q(- =R rrts� q( R nre*j I d' rrr an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material. K t rrGg( Ck rm­ Rdd mid' nfnf oR rrs nq R t nucq oR rrr,-- '_#4 �� =4u' aid dnnq' co' 111 d' nT sgd W-Edc[nq' cpa of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. =4ud drrsdq� W drrsli I d' nT ' rrx ' bs+oR x+gdvue, pantomime, scene, dance or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. ftluf @I' - Rdd =tu' aid donq' co' -11 Kncf ITrf gnt rd- Rdd ten' cpIrf gnt rd-�� =KnsJJ I d' nT ' m' co' ne R nuc t nudq nmd nv mdq-hip which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, nq kis Idrrd ' cit rsl direr Sgd sdd r ==insll ' rrG =c' c$ dl l ' qd W-Edc$ g' of d' aid ergot cposes of this code. Types of lots and their definitions are as follows: 0- =3ngrdq kisli I d' rrr ' Ins ' at sstuf sv n streets intersecting at an angle of not more than one hundred thirty-five degrees. If the angle of intersection is more than one hundred thirty-five degrees, the Ins IT ' m=irrsd#gIns- 11 1- =ER f nq o' rrg' nu Id kisli I d' rrr ' Ins connected to the street w it a narrow access portion less than forty feet wide and more than twenty feet long and situated so that another lot is located between the main portion of the flag lot and the street. �At Types and Lai; Lines 2- =Ksdc[nglnsJJ I d' nT ' Ins' at sshrf nniy one street or abutting two streets which intersect at an angle greater than one hundred thirty-five degrees. 3- =J dx Insli I d' nT ' Ins v hh a side lot line that abuts the rear lot line of one or more adjoining lots. 4- =Qdudq'd bngrdq kisli I d' nT ' bngrdq lot, the rear of which abuts the side of another lot. 5- =Sgcpt f g kisli I d' nT ' Ins v lig frontage on two parallel or approximately parallel streets. ins ' co' 111 d' nT sgd gncjynrrs kR rr, ' co' v lmgin a lot expressed in square feet, acres, or other area measurement. ins bnudq f d11 nq=at hclrf rl-sd bnudq f d11 1 d' nT sgd bt I t R stud f cpt rrc dnnq' co' ne the structures on a lot expressed as a percentage of the net lot area. For purposes of this cddrtsrnm+­f cpt nuc dnnq' co' 111 d' nT ' Idcdrrbkirdc area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. ins ecp rrs f d II I d' rrr sgd Idnf sg n e sg d ecp rrs in s Itrrid- =Kns lurid nq ocpodcpx lurid 111 d' rrr ' rrx ant mc' q of a lot. The classifications of lot lines and their definitions are as follows: 0- =Ecprrs Ins lurid I I d' m' sgd enkv Irf 9 a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); C. On a through lot, the lot line abutting the street providing primary access to the lot. 1- =Ksdc[nq Ins krr-d I d' m- ' rry lot line not abutting a street. 2- fid' q Ins Itrnd 111 d' m' ' Ins lurid v gfbg does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly-shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code. 3- = tcd Ins R rd 111 d' n'T' ' rrx Ins R rd v gich is not a front or rear lot line. env drs dnngll I d' rrr+v IEg qdf ' cp sn dnnc protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP floodplain district, Section 9.140.030. =:L ' nt e bst qdc gnl d 11 1 d' rrr ' gdrfcdm3h k building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. =L ' rsdq oR m ne' cpdgi kgff gv ' xr 111 d' rrs a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. =L ' rsdq oR m ne cq Ini f d 111 d' m' ' m dnf fneering report outlining the drainage facilities needed for the proper development of the city. =L dch mll I d' m- ' o' udc ngoR rrsdc ' co' rdparating a street or highway into opposite - direction travel lanes. L dcrb' kBft%- Rdd =iDft%+1 dcrb' kit =:L lnftsnq f d e bhtEx 111 d' rrr a building containing various size storage compartments not exceeding five hundred square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. L l-mq T r d Odq Is- Rdd =4 r d odd Is- 11 Mobilehome. Rdd ==l ' nt e bst qdc gnl d -II =L nandgnl d o' q nq I nandgnl d cdudlnol drrsll I d' m' ' me ' co' nq sq bs ne R nuc t rdc to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. L nct R gGnI d- Rdd ==I ' nt e bst qdc g n I d- 11 Monument Sign. See sign definitions, Section 9.160.120. n =L nsA I d' nT ' at laclrf nq f cpt o ne at facings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than twenty-five percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily Dwelling or Residenbd- Rdd =cv dktnf +1 t 16W I laic -11 =Mds r I$d ' co' 11 nq Ards kis ' co' 111 d' m• the total land area within the boundaries of a parcel or building site after ultimate street rights-of-way and easements that prohibit the surface use of the site are deducted. =Mds ocpidbs ' co' 111 d' nT ' ltc ne sgd R nuc area included within a development project excepting those areas with before -development slopes of thirty percent or steeper and those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development p roj ect . =Mnrrbnl I dc�h k bn' bg 11 1 d' nT ' udgltild+ v Isg or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. =Mnrrbnnr=nr Irrf t rdli I d' nT ' R rrc t rd v glbg was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter 9.270. =Mnrrbnnr=nq Irf krsli I d' nT ' Ins nqo' c$ dkwhich was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. =Mnrrbnnr=nq Irrf rsq bst co 111 d' m- ' rsq bsure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. =Mnrrbnnr=nq Is(11 1 d' nT ' R nuc t rd+ kis nq rsq bst co v glbg v' r R v et k v gdm established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were not lawful when established or constructed. See Chapter 9.270. Mt q'dq+C' x B' co- Rdd =bghc c' x b' co a bhtEx-II Mt q'frf Gnl d- Rdd =bnrru' ldrbdrrs gnl d -II NedbdOq-Rdd =nctr0ko'q-11 Nedbh kYnnirf L 'o- Rdd =ynnirf I 'o-11 =Ne;rf-sd g' y' cent r v ' rsd a bhtEx 11 1 d' m- any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to - 1 . o:1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.); 2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); 3. Stabilization/solidification facilities; 4. Chemical oxidation facilities; 5. Neutralization/precipitation facilities; or 6. Transfer/storage facilities. n =Nodm ro' bd Il I d' nT ' rrx o' c�dknq' co' ne R rrc nq v ' sdq+of akb nq ocfu' sd+v gHDg IT reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Nodm Ro' bd+Tr' aid- Tr' ald nodm ro' bd 111 d' mr nodm roace which is predominately level (i.e., slopes less than five percent) but which may contain some steeper land (i.e., with slopes up to twenty percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of fifteen feet in width and three hundred square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle trails. Nt scnng ludo ITrf Rf m- Rdd Titan' cp 11 in sign definitions, Section 9.160.120. c$ di l I d' nT ' m ' co' ne R nuc t rrGdq nmd nv mdq-glm v gHDg IT Icdn3I&Ic ' r ' Ins nq parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compki rrbd nq Ins Rrrd ' cit rsl drm­ Sgd sdd r =insll nuc =o' c�di l ' qd WEdc�g' of d' aid ergot cpnrdr nesglT bncd- Panhandle Lot or Flag Lot. Rdd cddrts[ nT t nrdq=4ns-11 q ITrf ' bbdrry 'x 11 1 d' m' ' udghDt R q passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. q ITrf rsq bst qd 111 d' nT ' rsq bst qd v gHDg IT nodm nq dnbkirdc ' nuc IT t rdc enq sgd parking of motor vehicles. q v ' x 11 1 d' nT sgd ' co' ne ' of akb rscpet that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. O stn Gnl d- Rdd =cv dWrf +o' stn gnl d -II =kld Imsdc t rd li I d' nT ' R nuc t rd ' idnv do v fihin a zoning district under this zoning code and subject to the applicable provisions of this code. =klq' nmIl I d' nT ' rrx hTclulct ' k+ dq + bno' rtnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. =klq'nmv Isg ' cIT' ahtsx11 IT ' odcrnmv lig a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. =Ck mrdc t nts cdudinol drrsIl I d' nT ' gdrldential, commercial, office, industrial or other type of 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. Pole Sign. See sign definitions, Section 9.160.120. Portable Sign. See sign definitions, Section 9.160.120. =0qJbIT d oR mll nq =cgdblT d oR m ne cdudinol drrsIl I d' rrr sgd oR m nq oR nT enq ' ocpidbs+ development or other entitlement approved by the decision-making authority. A precise plan IP may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. =OcoblTd oR m ne gff gv 'x ' Rf ni drrs1l I d' m' a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. 041 ' qac Qdr lcdrTbd- Rdd =4 ' hn cv dittrrf -11 b1z' kt rd I d' rrr sgd oo ' qac nq ocOcnl inapt use of any parcel, building site or structure. =kpidbs ' co' I d' nT ' Itc ne sgd R nuc ' co' lrbk cdc v lighn ' cdudfiol drys ocpidbs excepting those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the cdudfiol drys ocpidbs- 'Rdd ' k n Ards ocpidbs' co' - 11( Projecting Sign. See sign definitions, Section 9.160.120. =kpodcpx lurid 111 d' nT ' lis lurid nq o' cbdkant nuc' cK- =Ct akb ' f drrbx 111 d' rrr sgd Tntsdc Rs sdr+sgd state, the county or any city within the county, or any political subdivision or agency thereof. Qd' q Kns Kfrrd- Rdd cddrtstnnT t rrcdq its kn7d-11 fid' rnni aid ' bbnl I nc' s1nm11 I d' nT sgd ocpbess of providing flexibility in the application of land use, zoning, and building regulations, practices, and procedures to eliminate barriers to housing opportunities for persons with disabilities. =Qdbgo' s1nni kudglbid 11 nq=QU 111 d' nT ' Wscpilers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhnl dr+sq udksq hdq'+=4sg v gddk 11 ' rrc b' I odq rgdk- hdbxbhf 111 d' rrr sgd ocpbdrr ax v glbg v ' rse products are reduced to raw materials and transformed into new products. Relocatable Building. See =at hclTrf +gdknb' s aid-II =Qd r Ic d rrsh k b' qd a b htEx 11 nq =bn 1 I t ntsc b' qd a b htsx 11 1 d' nT ' qd r Ic d n-di k e b htsx which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (See also =bnnf qdf ' sd ftulnf a bhtEx-II( Qd r Ic d rrsh k+ L t IsfE� I Inc - Rd d =c v d ittnf + I t IsW I Inc - QdrIcdrrsh k+Rtuf Id,E' I Inc- Rdd =cv dWrf +rITrf Id,e I Inc-11 =Qdrs t q rrs1l I d' nT ' rrx t rd ocpulcluf Engthe preparation, retail sale and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The sdq =cors t q rrs11 I 'x lrbk cd the licensed sale of alcoholic beverages for consumption on the premises. Qdrs t q rrs+Ccjud,Sgcpt f g- =C#d,sgcpt f g cors t q rrs1l I d' nT ' cors t q rrs v lig nmd nq more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Qdrs Gnl d- Rdd =iDnrru' ldrbdrm gnl d-II ids Q I d' nT sgd rdktnf nef nncr nqI dcIDg' ndise directly to the ultimate consumer. M =Qdudq'd udnrGlrrf I ' bghrd 11 1 d' m' ' I achine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. =UcITrf ' nuc glj ITrf sq Q I d' nT ' sq I'k nq v ' y designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. =Qf gs,ngv ' x 111 d' nT sgd drrs# v Icsg ne property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements. Roof Sign. See sign definitions, Section 9.160.120. Cnnl ITrf gnt rd- Rdd ten' cplrrf gnt rd -11 =' sdWsd clTg ' m3drrni 11 1 d' rrr ' m ' oo' ratus capable of receiving communications from a man-made satellite. =Rbdnib gff gv 'x 111 d' rrr ' rrx gli gv ' x cdrff rri sdc ' rbdntb ' nu.ngglTsnc[b glf gv ' x ax an agency of the city, state or federal government. =Rdbnnr, gdrlcdrrdi kt nis+11 =rdbnn-c cv dWrf t rrts1l nq=rdbnn-c t rrts1l I d' nT ' rdbnrrc' q( dwelling unit which is not intended for sale but may be rented and which is located on a building site containing a preexisting single-family detached dwelling. The floor area of an attached second unit does not exceed thirty percent of the existing floor area of the primary single-family residence and the floor area of a detached second unit does not exceed one thousand two hundred square fdds- 'Rdd ' Ic n =f q rmrc d< s-11( =Rdbsfnmll I d' m' ' onqp1nm ne sglT ynntuf bode beginning immediately after a six- or seven -digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six- or seven -digit rrt I adq- 'Rdd ' Icn ='t ardbsfnmr 11( =Rdnfnq bWydmll I d' nT ' odq nm diEx,Ad xd' q- ne' f d nq nlcdc} =Rdrrnq bWydm gdrlcdrrbdjj I d' nT ' gdrldential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. =Rdninq f cpt o gnt r ITrf 11 1 d' nT ' qdr lcdrrsial development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels and senior citizen apartments.) =Rdgalbd 111 d' nT ' m' bs nq' rry result of useful labor which does not in itself produce a tangible commodity. Rdgalbd Rs sfnm- Rdd =f ' r r sfnm} =Rdsa' bj 111 d' nT sgd clTs rrbd sg' s ' at hcing or other structure or a parking lot or other facility must be located from a lot line, property line or other specified boundary. Sexually Oriented Business. See Chapter 5.80 of the municipal code. =Rgnoolrrf bdrrsdgjj nq =bnl I dcbh k bdrrsdgll means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. RIc d Kn s Kfrrd - Rdd c d drrfsfn m' t rrc d q ==Ins Idrrid- �VWdv ' 4 r' Idll nq=o' q ITrf Ins r' Idll I d' rrs the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping cerredq­ 'Rdd ' Icn =rodbh kbnl I dcbh kdudnrr�­ 11( =Rf ml I d' nT ' me I d c h I Enq ulTt' k bnmmunication, including but not limited to words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an 43 establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.130. Single -Family Dwelling or Residenbd- Rdd =cv dktnf +rIrf Id,e I Inc -11 =Rtuf Id cpnI nbbt o' rrbx ' RQN( a bhtEx 11 nq CCN gnsdl�j I d' m- ' qor lcdrrsti k e bhtEx which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared. Rtsd- Rdd =at he Irf r tsd- it Rtsd @IJ' +Mds- Rdd Ards ocpidbs nq r tsd ' co' - Rtsd Bnudq f d- Rdd =at hcIrf rtsd bnudq f d-11 Site Development Permit or Development Permit. See Section 9.210.010. =RInod nq =rInod f q cfdrrsli I d' m- sge vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result dv&ogorrdc ' r odc�drrs f d: d -f -+=6gd rkiod g' r ' sv dM odc�drrs f q cfdrrsIJ 't rt ' k t rdc sn describe natural as opposed to manufactured, slopes). =Rkiod q stn 11 1 d' m' sgd rsddomdrr ne ' rinod dv&ogorrdc ' r ' q stn ne gn4nrrs k distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). =Rodbh k bnl I dc$ h k dudrrsli I d' rrr sgd sdmporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events w ithin a bnl I dc�h kbdrredc} 'Rdd ' k n =r Icdv ' 4 r' Id -11( =Rodbtfb oR mll I d' m- ' oR m bnrrrtrstuf of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and State Government Code Section 65450 et seq. =Rsnbj bnnodq stud 111 d' nT ' bncpnq stnmv gtbg is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. =Rsnq f d 1l 1 d' m' ' oR bd v gdgo f nncr+ 1 ' sdgi k, and/or personal property is placed for more than twenty-four hours. =Rsng(11 1 d' m' sg' s onq#nm ne ' at hctnf included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. =Rodsli I d' nT ' of aRb nq ogvate vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. Esc$ bst co II I d' m' ' rrxsgtnf sg' s IT dcobsdc nq bnnT sq bsdc g' uIrf ' EI'Vdc knb' stem nm the ground or attachment to something on the ground and which extends more than thirty inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. =Rt ardbstnmll I d' nT ' onq#mmne' rdbstmmnethis zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010A. 'Rdd ' k n =r dbstnm- II( 43 =Rt oongoud Gnt rhnf 111 d' nT gnt rhnf v hsg rrn Rt it on length of stay, that is occupied bythetarget population as defined in subdivision (d) of Section 53260 of the Health and Safety Code 50675.14(b) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when onrrhald+v nq hn sgd bnl I t niu(- '=S' of ds onot R shrmll hnbk cdr ' ct lsr v hsg kry hnbnl d g' uhng one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.) =Rv h I hnf onA I d' nT ' m ' qpWbh k ancx of water having a depth in excess of eighteen inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. =Sdl onq q( t rd11 1 d' nT ' R n -c t rd drs altrhed for a specified period of time, which use is discontinued at the end of such specified time. Snv rrgnl d- Rdd =cv dWrf +snv mgnl d -II =Sq nThdrrsa' rlT 111 d' rrr Enq' bnrrsfnuous period of two weeks or less. =S nThslnrri k Gnt rhrf 11 IT at hchrrf r bnn-dgured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. =Sq nThslnrri k rgdlsdgll I d' nT ' rgdlsdq err homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two weeks or less. Two -Unit Attached Dwelling. See =cv dktnf +sv n,t nis' ss bgdc-�� TM ' sd of gs nqv 'x 11 1 d' nT sgd of gs,nf-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan. Trd nq R rrc t rd 11 1 d' m- sgd of cpnrd err which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. Trd odd hsIl I d' nT ' chrbgdslnrri qac drrsWement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. =Udglbt R q ' bbdrry ' x 11 1 d' nT ' oqu' sd+ rmmdxclusive vehicular easement affording access to abutting properties. ==AJdsdqni qr bRrtb JJ I d' n T ' oR bd v gdco ' nit als no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. V ' WRlf n} Rdd =at hchrrf ,1 nt m3dc Of mll in sign definitions, Section 9.160.120. =V ITrf v , Q I d' n T ' m' c$ glsdbst q ked' st co hnn excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. =C' cp 111 d' rrr ' m nodm ro' bd nm ' o' c$ dk ne land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows - 1 . ollows:1. Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. TYPES OF Y 2. Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. 3. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. nrTtrf bncd 11 nq ncd 111 d rrr sgd ynnirf bncd of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. —Ynntpf cIT9#sJJ nq =cIT9#sJJ I d' rrr ' m area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. —Ynntpf I ' o 11 nq =nedbh k ynni-nf I ' o 111 d' rrr a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development 4-6 standards required, and other applicable provisions of this code. (Ord. 489 § 1 , 2011 - Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996). 44 %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2013-143, TO APPLY AN AFFORDABLE HOUSING OVERLAY ZONE (AHO) TO ALL COMMERCIAL PROPERTIES ZONED NEIGHBORHOOD COMMERCIAL (NC); COMMUNITY COMMERCIAL (CC); REGIONAL COMMERCIAL (RC); COMMERCIAL PARK (CP); AND VILLAGE COMMERCIAL (VC), AND OTHER SPECIFIC SITES, ALONG WITH OTHER REZONING CHANGES AS IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT CASE: ZONE CHANGE 2013-143 APPLICANT: CITY OF LA QUINTA WHEREAS, the La Quinta City Council adopted the 2035 General Plan Update on February 19, 2013, to guide development throughout the City, and maintains a Zoning Ordinance to implement the vision set forth in the General Plan; and WHEREAS, said General Plan adoption incoronq sdc sgd BID( ne K Pt IPEJF Housing Element, as adopted by the La Quinta City Council on August 2, 2011 (RES. No. 2011-072).; and WHEREAS+ sgd K Pt IPEFdmdq k Ck nib Housing Element includes several program objectives related to rezoning and zoning code amendment actions necessary to accommodate state -mandated affordable housing requirements; and WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of May, 2013, hold a duly noticed Public Hearing to consider a recommendation regarding Zone Change 2013-143 and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-006, recommending to the City Council approval of Zone Change 2013-143; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of June, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation regarding Zone Change 2013-143, affecting multiple properties, including the addition of an Affordable Housing Overlay to all CN, CC, Ordinance No. Zone Change 2013-143 June 4, 2013 Page 2 CP, CR and VC zoned properties, and considered the evidence, written and oral, presented at said hearing; and, WHEREAS, a public hearing notice was published in the The Desert Sun newspaper on May 24th, 2013 as prescribed by the Municipal Code; and, WHEREAS, at the June 4, 2013 City Council public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to grant approval of said Zone Change: Finding 1: Consistency with General Plan Zone Change 2013-143 is consistent with the goals, objectives and policies of the La Quinta General Plan, as the purpose and intent of the zone change is to bring the Official Zoning Map into compliance with the La Quinta General Plan and its Housing Element. Finding 2: Public Welfare Approval of Zone Change 2013-143 will not create conditions materially detrimental to the public health, safety and general welfare in that the proposed change will not result in a substantial change to an existing recreational area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. The proposed zone change will not result in any changed conditions on or to any of the affected parcels or their physical environment, and will therefore have no effect on the health, safety, and welfare of the community or the surrounding natural environment. Finding 3: Land Use Compatibility Zone Change 2013-143 is compatible with the zoning on adjacent properties, as the intended uses for affordable residential housing on the affected sites were considered during the land inventory review process conducted during preparation and adoption of the La Quinta General Plan Housing Element. The zone change will bring the property into conformance with La Quinta General Plan Housing Element and will have no significant effect on adjacent land uses, existing or proposed. Finding 4: Property Suitability Zone Change 2013-143 is suitable and appropriate for the subject property, in that the rezoning of the affected properties does not change land use designations, as contemplated under the La Quinta General Plan. Further, the land use designations under the 2035 La Quinta General Plan Update were not significantly altered from Ordinance No. Zone Change 2013-143 June 4, 2013 Page 3 the 2002 La Quinta General Plan, which it replaced. Finding 5: Changes in Circumstance Approval of Zone Change 2013-143 is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. The relatively recent adoptions of the La Quinta General Plan, and its Housing Element, have set forth several new programs and objectives established to promote affordable housing, including the designation of the subject properties as potential affordable housing sites at prescribed densities. This change in conditions has prompted the need for the subject rezones, in order to maintain consistency with the General Plan and the Housing Element. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning the properties as depicted on the map attached gdgosn ' r DnAghal$ =(01+' nuc I ' cd ' o' crp of this Ordinance. SECTION 2. ENVIRONMENTAL: An initial study was conducted under Environmental Assessment 2008-599 (SCH #2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (RES. No. 2011-071). The Community Development Director has determined that no changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. 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, 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 4th day of June 2013, by the following vote: AYES: Ordinance No. Zone Change 2013-143 June 4, 2013 Page 4 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT # 1 %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, Mousing Element Site 2 1 11 I'll 1� Soo A MG La Quinta - RL to RM'i NI CRYGIS Copyright 0 2006 All Rights Reserved, The Information contained herein is the proprietary property of the cordrbAor supplied under license and may M be approved enept as licensed by Digital Map products. %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, Housing :e 0 ft CoPyrW 0 2W6 All RigMs Rawyed, The Womatfon contained herein f the proprietary property of the ocontriboAor ied urder keme and may not be approved except as licensed by IDIOM Map Product&. %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, Housing Element Site U4 293 ft Price's Nursery RL to RM N CItyGIS Copyright @ 2006 All Rights Re -served, The Ifformation "ntaunad herein, is the proprietary prolpely of the corbbiftr suppied under III and may not be approved exapt as fieensedby, Dqgkal Map Products, %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, 1 A a sir500 11Housine Element Site CityGISn 111 Parcels "" dN RMH i CopW19M 0 2006. conlained herein is the propheWry property ot the ar supoed under licensea ..Map; Produds, %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, ATTACHMENT # 6 3. Zoning Ordinance Amendment 2013-114 and Zone Change 2013-143. The Zoning Amendment includes the establishment of an affordable housing overlay zone, allowance and standards for emergency and transitional housing, changes to the affordable housing density bonus provisions and reasonable accommodation procedures pursuant to State legislation. The Zone Change proposes to apply an Affordable Housing Overlay zone (AHO) to all properties zoned Neighborhood Commercial (NC); Community Commercial (CC); Regional Commercial (RC); Commercial Park (CP); and Village Commercial (VC), and to other specific sites as identified in the 2008 La Quinta Housing Element. Location: City-wide. Principal Planner Wally Nesbit presentee file in the Community Development Dep Chairperson Barrows decl There being no questions or PUBLIC HEARING CLOSED at 9 PLANNING CO CHAIRPERSON 9:51 P.M. WIT L nslnm � @I nslnmv adopt" Resolution 2 Amendment 2013-1 the proposed resoluta 1) Typograp x JBLIC H ussion, ).m. staff nt. ARIN ;hair SHORT rt, a copy of which is on G OPEN at 9:44 p.m. Barrows declared the I_rI'iEraa►ul NVENED THE PLANNING COMMISSION AT NERS PRESENT r I ` cd ` nuc rdbnnced by Commissioners Wright/Weber to 013-005 recommending approval of Zoning Ordinance 14 as submitted and with the following two corrections to on document as recommended by staff: correction to the case number on Page No. 1 to Zoning endment 2013-114 2) The language correction on Page No. 2, Section 2 of the Mandatory Findings shall read: =@)ocpu` k ne sgd Ynntpf Ncply nce Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. The Amendment supports the construction of housing for all income levels in the City, meeting building requirements and all PLANNING COMMISSION MINUTES 5 MAY 14, 2013 development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general v dle go -11 Motion passed unanimously. L nslnm � @I nslnmv ' r I ' cd ' me rdbnnudc ax BnI I ITrinmdg- V dadgV 14 IrTnm to adopt Resolution 2013-006 recommending approval of Zone Change 2013- 143 as submitted. Motion passed unanimously. 4. Zoning Ordinance Amendment 2013-113 proposing certain amendments to Title 9 (Zoning), Chapter 9.60, of the La Quinta Municipal Code related to the addition of Section 9.60.115, establishing procedural and operational provisions for Cottage Food Operations within residential zoning districts. Location: City - w ide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARING OPEN at 10:01 p.m. There being no questions or discussion,Chairperson Barrows declared the PUBLIC HEARING CLOSED at 10:02 p.m. L nslnm � @ I nslnm v ' r I 'cd me rdbnrrcdc ax Bnl I ITrinmdq- Wilkinson/Alderson to adopt Resolution 2013-007 recommending approval of Zoning Ordinance Amendment 2013-113 as submitted. Motion passed unanimously. BUSINESS SESSION CORRESPONDENCE AN COMMISSIONER ITEMS VRITTEN MATERIAL - None 1. Report on City Council meetings of April 16 and May 7, 2013. PLANNING STAFF ITEMS Community Development Director Les Johnson said that Council has elected to change to action minutes for all Boards and Commissions going forward. He explained action minutes would merely list the agenda items and the actions taken. PLANNING COMMISSION MINUTES 6 MAY 14, 2013 CITY/ SA / HA /FA MEETING DATE: June 4, 2013 ITEM TITLE: ORDINANCE TO REZONE CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL WITH AN AFFORDABLE HOUSING OVERLAY ZONE. APPLICANT: CITY OF LA QUINTA RECOM MENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 1. Move to take up Ordinance No. approving Zone Change 2013-143, thereby amending the Official Zoning Map of the City of La Quinta, as set forth in Exhibit A of said Ordinance, by title and number only and waive further reading; and Move to introduce Ordinance No. amending the La Quinta Municipal Code as set forth in said Ordinance, on first reading. EXECUTIVE SUMMARY: This action relates directly to the zoning code amendment and rezoning actions previously approved under Zoning Ordinance Amendment 2013-114 and Zone Change 2013-143. Staff has provided for a separate ordinance action under Zone Change 2013-143 for this particular parcel. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The proposed zone change to this parcel has been separated from the previous related zoning actions under Zone Change 2013-143, to avoid a potential conflict of interest. This particular rezoning applies to the following site: • TrrGdq stRydc RI-sd Mn- T1 'mss bgl drys 0( � a 4.9 acre parcel on the south side of Darby Road, east of Palm Royale Drive. Current General Plan land use/zoning: Medium/High Density Residential/Low Density Residential. Proposed: Medium/High Density Residential/Medium Density Residential with Affordable Housing Overlay. As with the previous rezoning actions, the proposed zone change brings the official city zoning map into consistency with the BfucJF ' cnosdc Gnt rinf DIdl drys ' nuc General Plan. This action will also facilitate the State Housing and Community Development (HCD) submittal and review process for the 2014 Housing Element update currently being drafted. Public Notice Requirements: This request was published in the Desert Sun newspaper on May 24, 2013, as a legal display ad. The notice was not direct mailed to all affected property owners as the overall amendments and rezonings constitute a City-wide action; however, the owner of this property was directly notified via correspondence. To date, no comments have been received. Comments were not requested from any public agencies or other City Departments, due to the scope of the amendment and perceived unlikelihood that these changes will affect any other departments or agencies. Findings - Findings for approval can be found in the attached Ordinance. ALTERNATIVES: Alternative actions available to the City Council include denying the zone change request, referring the proposed zone change back to the Planning Commission for further consideration, or discussion and incorporation of any adjustments deemed appropriate in order to approve the proposed amendment request. PLANNING COMMISSION RECOMMENDATION: At their regular meeting of May 14, 2013, the La Quinta Planning Commission did, on a 5-0 vote, adopt Planning Commission Resolutions 2013-005 and 2013-006, recommending to the City Council adoption of the proposed amendments and zone changes, respectively. There was no testimony during the public hearing and the Commission had no substantive comments (Attachment 2). ENVIRONMENTAL REVIEW: An initial study was conducted under Environmental Assessment 2008-599 (State Clearinghouse No. 2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (Resolution No. 2011-072). No changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1. Site U2 Zone Change Map 2. DRAFT Planning Commission Meeting Minutes %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2013-143, TO REZONE CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL, TO MEDIUM DENSITY RESIDENTIAL WITH AN AFFORDABLE HOUSING OVERLAY ZONE (AHO), AS IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT CASE: ZONE CHANGE 2013-143 APPLICANT: CITY OF LA QUINTA APN: 609-052-002 WHEREAS, the La Quinta City Council adopted the 2035 General Plan Update on February 19, 2013, to guide development throughout the City, and maintains a Zoning Ordinance to implement the vision set forth in the General Plan; and WHEREAS, said General Plan adoption incoronq sdc sgd BID( ne K Pt IPEJF Housing Element, as adopted by the La Quinta City Council on August 2, 2011 (Resolution No. 2011-072); and WHEREAS+ sgd K Pt IPEFdmdq k Ck nib Housing Element includes several program objectives related to rezoning and zoning code amendment actions necessary to accommodate state -mandated affordable housing requirements; and WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of May, 2013, hold a duly noticed Public Hearing to consider a recommendation regarding Zone Change 2013-143 and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-006, recommending to the City Council approval of Zone Change 2013-143; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of June, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation regarding Zone Change 2013-143, affecting multiple properties, including the property as identified herein, and considered all evidence, written and oral, presented at said hearing; and, Ordinance No. Zone Change 2013-143 June 4, 2013 Page 2 WHEREAS, a public hearing notice was published in the The Desert Sun newspaper on May 24, 2013 as prescribed by the Municipal Code; and, WHEREAS, at the June 4, 2013 City Council public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to grant approval of said Zone Change: Finding 1: Consistency with General Plan Zone Change 2013-143 is consistent with the goals, objectives and policies of the La Quinta General Plan, as the purpose and intent of the zone change is to bring the Official Zoning Map into compliance with the La Quinta General Plan and its Housing Element. Finding 2: Public Welfare Approval of Zone Change 2013-143 will not create conditions materially detrimental to the public health, safety and general welfare in that the proposed change will not result in a substantial change to an existing recreational area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. The proposed zone change will not result in any changed conditions on or to the affected parcel or its physical environment, and will therefore have no effect on the health, safety, and welfare of the community or the surrounding natural environment. Finding 3: Land Use Compatibility Zone Change 2013-143 is compatible with the zoning on adjacent properties, as the intended uses for affordable residential housing on the affected site was considered during the land inventory review process conducted during preparation and adoption of the La Quinta General Plan Housing Element. The zone change will bring the property into conformance with La Quinta General Plan Housing Element and will have no significant effect on adjacent land uses, existing or proposed. Finding 4: Property Suitability Zone Change 2013-143 is suitable and appropriate for the subject property, in that the rezoning of the affected property does not significantly change allowable land uses, as contemplated under the La Quinta General Plan. Further, the overall land use designations under the 2035 La Quinta General Plan Update were not significantly altered from the 2002 La Quinta General Plan, which it replaced. Finding 5: Changes in Circumstance Ordinance No. Zone Change 2013-143 June 4, 2013 Page 3 Approval of Zone Change 2013-143 is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. The relatively recent adoptions of the La Quinta General Plan, and its Housing Element, have set forth several new programs and objectives established to promote affordable housing, including the designation of the subject property for potential affordable housing at a prescribed density. This change in conditions has prompted the need for the subject rezone, in order to maintain consistency with the General Plan and the Housing Element. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning the property as depicted on the map attached hegosn ' r DnAgWs =@dl ' me I ' cd ' o' crp of this Ordinance. SECTION 2. ENVIRONMENTAL: An initial study was conducted under Environmental Assessment 2008-599 (SCH No. 2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (Resolution No. 2011-071). The Community Development Director has determined that no changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. 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, 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 4th day of June 2013, by the following vote: AYES: NOES: Ordinance No. Zone Change 2013-143 June 4, 2013 Page 4 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT # 1 Z IG Change 2013-143 ��� Proposed Affordable Housing Overlay w I= Proposed Underlying Zoning Changes June 4, 20' My of La Qjinta Planning Division —6 1 S'itd1`U1!ZrRL mN�mmm I� to RWAHO EXHIBIT 'vA'v �m Ordinance No.: I� ��ax"uma'wR � mm m uwim�mx vs mo xw wrr wry m L �xwn u w mxwum � iiw w i I�p I� I� IISII Iw . um mw�umx i. i. mm'mmdmo. mlxmamire mt � m IISII m m m Imwm m �m mm.ire w wxwmmm wx mvimx my� Im Im uA Im m IIS IIS Im wum�mn iw � Im 0 �� �mx mm�mm,�mwww wui�wwwm mx mr wwwm m..Miwwww mw wx wmxmw mamxim.�w ure �iWi w. mmmwx uv mx mwmmw ww.i. maw�:�mxm ......., � m Im w m imt xx mmw mi�wmumu um� �umuv.mm � Im m III imi.. mmmmm wmx ummww........ I� � Im I� mm�m�waum�m�wm .mxxm mm m�mx mm �xw �m'mm'w.mu wm mvdW Z IG Change 2013-143 ��� Proposed Affordable Housing Overlay w I= Proposed Underlying Zoning Changes June 4, 20' My of La Qjinta Planning Division %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, ATTACHMENT # 2 3. Zoning Ordinance Amendment 2013-114 and Zone Change 2013-143. The Zoning Amendment includes the establishment of an affordable housing overlay zone, allowance and standards for emergency and transitional housing, changes to the affordable housing density bonus provisions and reasonable accommodation procedures pursuant to State legislation. The Zone Change proposes to apply an Affordable Housing Overlay zone (AHO) to all properties zoned Neighborhood Commercial (NC); Community Commercial (CC); Regional Commercial (RC); Commercial Park (CP); and Village Commercial (VC), and to other specific sites as identified in the 2008 La Quinta Housing Element. Location: City-wide. Principal Planner Wally Nesbit presentee file in the Community Development Dep Chairperson Barrows decl There being no questions or PUBLIC HEARING CLOSED at 9 PLANNING CO CHAIRPERSON 9:51 P.M. WIT L nslnm � @I nslnmv adopt" Resolution 2 Amendment 2013-1 the proposed resoluta 1) Typograp x JBLIC H ussion, ).m. staff nt. ARIN ;hair SHORT rt, a copy of which is on G OPEN at 9:44 p.m. Barrows declared the I_rI'iEraa►ul NVENED THE PLANNING COMMISSION AT NERS PRESENT r I ` cd ` nuc rdbnnced by Commissioners Wright/Weber to 013-005 recommending approval of Zoning Ordinance 14 as submitted and with the following two corrections to on document as recommended by staff: correction to the case number on Page No. 1 to Zoning endment 2013-114 2) The language correction on Page No. 2, Section 2 of the Mandatory Findings shall read: =@)ocpu` k ne sgd Ynntpf Ncply nce Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. The Amendment supports the construction of housing for all income levels in the City, meeting building requirements and all PLANNING COMMISSION MINUTES 5 MAY 14, 2013 development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general v dle go -11 Motion passed unanimously. L nslnm � @I nslnmv ' r I ' cd ' me rdbnnudc ax BnI I ITrinmdg- V dadgV 14 IrTnm to adopt Resolution 2013-006 recommending approval of Zone Change 2013- 143 as submitted. Motion passed unanimously. 4. Zoning Ordinance Amendment 2013-113 proposing certain amendments to Title 9 (Zoning), Chapter 9.60, of the La Quinta Municipal Code related to the addition of Section 9.60.115, establishing procedural and operational provisions for Cottage Food Operations within residential zoning districts. Location: City - w ide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARING OPEN at 10:01 p.m. There being no questions or discussion,Chairperson Barrows declared the PUBLIC HEARING CLOSED at 10:02 p.m. L nslnm � @ I nslnm v ' r I 'cd me rdbnrrcdc ax Bnl I ITrinmdq- Wilkinson/Alderson to adopt Resolution 2013-007 recommending approval of Zoning Ordinance Amendment 2013-113 as submitted. Motion passed unanimously. BUSINESS SESSION CORRESPONDENCE AN COMMISSIONER ITEMS VRITTEN MATERIAL - None 1. Report on City Council meetings of April 16 and May 7, 2013. PLANNING STAFF ITEMS Community Development Director Les Johnson said that Council has elected to change to action minutes for all Boards and Commissions going forward. He explained action minutes would merely list the agenda items and the actions taken. PLANNING COMMISSION MINUTES 6 MAY 14, 2013 CITY/ SA / HA /FA MEETING DATE: June 4, 2013 ITEM TITLE: ORDINANCE ADDING SECTION 9.60.115, ESTABLISHING PROCEDURAL AND OPERATIONAL PROVISIONS FOR COTTAGE FOOD OPERATIONS WITHIN RESIDENTIAL ZONING DISTRICTS. APPLICANT: CITY OF LA QUINTA RECOM MENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 4 Move to take up Ordinance No. approving Zoning Ordinance Amendment 2013-113, thereby amending the La Quinta Municipal Code, as set forth in Exhibit A of said Ordinance, by title and number only and waive further reading; and Move to introduce Ordinance No. amending the La Quinta Municipal Code as set forth in said Ordinance, on first reading. EXECUTIVE SUMMARY: The proposed amendment to Chapter 9.60 (Exhibit A) brings the Municipal Code into consistency with recently enacted State legislation, pertaining to Assembly Bill 1616 (California Homemade Food Act). The new law requires that all cities and counties allow for the establishment and operation of Cottage Food Operations in any primary dwelling in any residential zone. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: On September 21, 2012, the Governor signed Assembly Bill 1616 (Gatto), creating a new category of food production under the California Retail Food Code, referred to as a Cottage Food Operation (CFO). This new law became effective January 1, 2013, and essentially exempts private homes from the definition of a commercial food facility, allowing preparation, packaging and sales of specific prepared foods from any residential dwelling. Cities max rms a' m BENJF ' rrc I t r ' kv enq sgdl through their zoning regulations in one of three ways: 1. BR rrhic BENJF ' r ' odd Issdc t rd negosidential property for zoning purposes; 2. Grant a non -discretionary permit to use a residence as a CFO, in compliance with local ordinances prescribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking, and noise control; or 3. Require any CFO to apply for a permit to use a residence for its operation, through a discretionary review process before the planning agency decision authority as may be specified by local ordinance. BENJF ogordrrs rnl d bnrrbdcpT+ o(i ' c* related to traffic and parking. For example, the legislation provides for direct sales from a CFO to customers, and one full-time employee, not including a family or household member. This would lead to additional trips to and from the CFO, which may be in excess of the typical trips expected from a residential unit. Rs ee gobnl I drrcr ' kv hrf BEN4 sgcpt f g sgd L hmq Trd Odd Is ocpbdrr t rrcdq Option 3 above. This process provides the ability to restrict direct sales to occur only at off-site venues, minimizes the permit costs to CFO operators, and provides en q qo' r n ni aid qof t R sm m n e BEN 4 hn ' q0 r h: d m3h k r dsshrf - Exhibit A of the proposed Ordinance contains the proposed language. The key elements of the revisions are highlighted below • Section 9.60.115.13 - Definitions: Primarily references the state Health and Safety Code, as it contains numerous deehrt1nnT coR sdc sn BENJF- Gnv dude a few key definitions have been provided here. • Rdbs[nnT 8-5/ -004-B � CdbIThnML 'j hrf @ shority: States the discretionary nature of the permit, as it must meet specified criteria. The permit will be reviewed administratively by the Community Development Director. • Rdbs[nm 8-5/ -004-C � Odd fs Qdpt k0c ' and Compliance with Permit: States that a CFO is permitted in any residential district, and specifies the application process and general criteria to be met. Subsection 3 requires tenants to submit property owner authorization, and if located in a gnl dnv mdq'1' r r nbh stnt+-sgd ' r r nbh stnm� ' oocpu' MT gopt koc- • Rdbs[nm 8-5/ -004-D � Qdpt ITed Findings: Specifies the findings required to approve the permit. • Rdbs[nm 8-5/ -004-D-4 � Ocpgl�al-sr ckobs r' ldr nq rdgalbd ecpl sgd BENJF residential location, including prohibition of on-site customer pick-up and delivery of products. Allowing retail sales to customers at the home would be inconsistent with the environment of a residential neighborhood, in terms of traffic, parking, and noise, particularly with no limitation to customer visits. This does not prevent off-site direct sales or service. Public Notice Requirements: This request was published in The Desert Sun newspaper on May 24, 2013. To date, no comments have been received. Comments were requested from and provIcdc ax sgd Blit* Bncd Bnl oki rrbd Division and City Attorney, and were incorporated as appropriate. Findings - Findings for approval can be found in the attached Ordinance. ALTERNATIVES: Alternative actions available to the City Council include denying the amendment request, referring the proposed amendment back to the Planning Commission for further consideration, or discussion and incorporation of any adjustments deemed appropriate in order to approve the proposed amendment request. PLANNING COMMISSION RECOMMENDATION: At their regular meeting of May 14, 2013, the La Quinta Planning Commission did, on a 5-0 vote, adopt Planning Commission Resolution 2013-007, recommending to the City Council adoption of the proposed amendments. There was no testimony during the public hearing and the Commission had no substantive comments (Attachment 1). ENVIRONMENTAL REVIEW: The La Quinta Planning Department has determined that the proposed Amendment is exempt from review under the California Environmental Quality Act pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act Statutes, and Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1. Draft Planning Commission Meeting Minutes %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 9.60.115 TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, ESTABLISHING PROCEDURAL AND OPERATIONAL PROVISIONS FOR COTTAGE FOOD OPERATIONS WITHIN RESIDENTIAL DISTRICTS CASE NO: ZONING ORDINANCE AMENDMENT 2013-113 WHEREAS, the California State Legislature has adopted Assembly Bill 1616 (AB 1616, Gatto), which requires cities to ' I+nv Bnss f d Ennc Nodq sfnnT 'BENJF(+ as defined by Health and Safety Code Section 113758, to operate within any residential dwelling unit; and WHEREAS+ sg d B Iuc I 'x bn nu hb m sg d IT r t ' rrbd ne ' BEN n m =-c0' r n ni akl standards, restrictions, and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those gnl dr 11: 1 rrG WHEREAS+sgd BIuc v ITgdr sn cof t R sd BENJF sgcpt f g lir L I-mq Trd O1cj Is process, subject to the provisions under AB 1616; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of May, 2013, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to establish Section 9.60.115 of the La Quinta Municipal Code, to provide procedural and nodq stnai kocpufThnnT enq BENJF v Iighnn residential districts; and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-007, recommending to the City Council approval of the proposed Zoning Ordinance Amendment; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of June, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation regarding Zoning Ordinance Amendment 2013-113, to amend Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of this Ordinance, and considered the evidence, written and oral, presented at said hearing; and WHEREAS, a public hearing notice was published in the The Desert Sun newspaper on May 24, 2013 as prescribed by the Municipal Code; and, Ordinance No. Zoning Ordinance Amendment 2013-113 June 4, 2013 Page 2 WHEREAS, at the June 4, 2013 City Council public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did, by adoption of this Ordinance, make the mandatory findings to grant approval of said Zoning Ordinance Amendment; NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is I dnudc ' r lcdrrsWdc nm DAghals ss bged hereto and incorporated herein by this reference. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN: The City Council hereby finds that this Ordinance is consistent with the goals, objectives and policies of the La Quinta General Plan, particularly Goal LU -1 (Land use compatibility throughout the City); Goal LU -3 (Safe and identifiable neighborhoods that provide a sense of place); Policy LU -3.1 (Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern); Goal LU -4 (Maintenance and protection of existing neighborhoods); and Goal LU -6 (A balanced and varied economic base, which provides a broad range nef nncr 'rrc rdgal'bdr sn sgd BlicJF residents and the region). SECTION 3. ENVIRONMENTAL: The Community Development Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Community Development Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. The City Council hereby confirms said determination by adoption of this Ordinance. SECTION 4. SEVERABILITY: The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Ordinance No. Zoning Ordinance Amendment 2013-113 June 4, 2013 Page 3 SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 6. 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 4th day of June, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: Ordinance No. Zoning Ordinance Amendment 2013-113 June 4, 2013 Page 4 M. KATHERINE JENSON, City Attorney City of La Quinta, California DAGI AM @ � N QC WIWBD MN_ AAAA ZOA 2013 - 113; adding Section 9.60.115, Cottage Food Operations, to Chapter 9.60 Establishing procedural and operational provisions for cottage food operations within residential zoning districts. Required under AB 1616. 1. ADD NEW SECTION 9.60.115: 9.60.115. Cottage food operations. A. Purpose. The City Council has adopted the following provisions to establish minimum development standards and reauirements for cottaae food operations, as defined in California Health and Safetv Code Section 113758. By so doing, it IT sgd Bloc Bnt rrbWF W-Edrrs sn ocpulcd ' oocpo(4i sd land use and zoning standards for cottage food operations to be established in residential neighborhoods, under conditions that these uses shall not alter or disturb the character of the surroundina residential environment reaardina soacina and concentration. traffic control. oarkina. and noise control. The standards and requirements set forth in this Section are therefore established toward ensuring protection of the public health, safety and general welfare. :MBM- li HireM 1. For the purpose of this Section, a =bnss f d ennc nodq s1nmjj I d' nT ' m enterprise wherein an individual prepares and packages non -potentially hazardous foods in a primary residential dwelling unit, which serves as his or her private residence, said foods being for the direct and/or indirect sale to consumers, and that does not have more than one full- time equivalent employee, and generates not more than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014; 3) $50,000 in gross annual sales in 2015 and beyond as identified in California Health and Safetv Code Section 113758. 2. For the purpose of this Section, a primary residential dwelling unit means a main dwelling or primary residence, as defined in Section 9.280.030. 3. Eng sgd of cpnrd ne sgIT RdbstnmF ems onsdrrsh k g' y' cent r Enncr II , co defined as those foods listed in Health and Safety Code Section 114365.5, and as adopted and posted on the California Department of a akb Gd' leaJF HEda-rds v dar I-sd- 4. All other definitions related to cottaae food operations as set forth in California Health and Safety Code Section 113758 are hereby incorporated by reference, as currently enacted and as may hereafter be amended. C. Decision -Making Authority. Cottage food operation permits shall be reviewed administratively through the Minor Use Permit application process by the Community Development Director, or his/her designee, pursuant to the requirements and standards set forth in this Section. D. Permit Required and Compliance with Permit. Cottage food operations shall be permitted in any residential zoning district with approval of a minor use permit application, in accordance with the procedure established in Section 9.210.020 and the requirements and standards set forth in Section 9.60.115.E. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottage food operation. The permit shall be attached to the property address and is not transferable to another operator or address. 1. A minor use permit for a cottage food operation shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this Chapter, the underlying zoning district, and all other Municipal Code provisions regarding spacing and concentration, traffic control, parking, and noise control. 2. If a minor use permit for a cottage food operation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties and/or residents. Any use or activity authorized under said permit shall be in compliance with any conditions of approval shown on and/or attached to the approved permit, inclusive of the requirements of Section 9.60.115.E. Failure to comply with the applicable requirements and conditions of approval may result in revocation of the permit. 3. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottaae food operation. a) If the permit applicant is not the owner of the property on or in which the cottage food operation will be conducted, the property/dwelling nv md4 v *sdm' t sgn4' sfnm l t rs ad ocpulcdc: b) If the property on or in which the cottage food operation will be conducted is part of an active homeowners association, the permit applicant shall provide written authorization by the homeowner association to conduct the cottaae food operation from the aroaerty. E. Required Findings. The findings as set forth in Section 9.210.020.F for approval of a minor use permit shall be made if the Community Development Director determines that the standards set forth in this Section have been or will be satisfied. These standards consist of the follow ing: 1. Sgd bnss f d Ennc nodq s1nm rg' Wad qof ITsdgoc ng odd Issdc ' r ' =3k r (WI ng =3k rr All nodq stnm ax sgd Qludglcd Bnt risk Cdo' co drrs ne Environmental Health, in accordance with Riverside County Ordinance 916 and Section 114365 of the California Health and Safety Code. Evidence of said registration or permit issuance by the County shall be provided to the Community Development Department prior to issuance of a City of La Quinta business license. 2. All cottage food operations shall require a City of La Quinta business license to be procured subsequent to, and in compliance with, approval of the minor use permit application and associated conditions of approval. 3. The cottage food operation shall be clearly incidental to the use of the structure as a dwelling unit, and shall not create dust, noise or odors in excess of that normally associated with residential use. 4. The cottage food operation shall not generate pedestrian or vehicular traffic in excess of that normallv associated with residential use. 5. No direct sales or service from the residence or property on which the residence is located, is permitted. The cottage food operation shall not be the point of customer pickup or delivery of products or services, nor shall a cottage food operation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 6. Where a cottage food operation is permitted in a legal non -conforming residence, the cottage food operation shall not cause any such non- conformina situation(s) to be increased. 7. The cottage food operation shall be conducted solely within a primary residence. 8. No sign(s) identifying the cottage food operation shall be permitted to be posted or displayed on the premises, nor on or within anything located on the premises, except as may be required by any federal, state, and/or local permitting agency. Neither the dwelling nor the property shall be altered to appear other than a residence, either by color, materials, construction. liahtina. sounds. vibrations or other characteristics. 9. No more than one (1) cottage food employee, as defined by California Health and Safety Code Section 1 13758(b)(1), shall be employed by the cottage food operation, not including any residing family or household member. 10.A minor use permit issued under this Section may be revoked for any violation of this Section or of Section 114365 et seq. of the California Health and Safety Code. The city may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the city has, on the basis of any complaint(s), reason to suspect that the cottage food operation has violated the provisions of this Section and/or California Health and Safety Code Section 114365 et seq. Furthermore, the City may also conduct routine periodic inspections to ensure compliance with the provisions and conditions of the cottage food operatinmr I I -mgt rd odd Is' and Citv business license. 2. AMEND Table 9-1, Section 9.40.040: Amend Table 9-1 - Table of permitted uses, Accessory Uses and Rsct bst qtr+ sn ' cc BENJF ' r odd Issdc hn ' W g1rIcdm3h k cITs#sr v Isq Minor Use Permit, as follows: Table 9-1 Permitted Uses in Residential Districts (Cont,) P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan required Very Low Medium Medium -High Density Low Density Cove Density Density High Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Accessory Uses and Structures Cottage Food Operations, subject to M M M M M M Section 9.60.115 ATTACHMENT # 1 development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general v dle go -11 Motion passed unanimously. L nslnm � @I nslnmv ' r I ' cd ' me rdbnnudc ax BnI I ITrinmdg- V dadgV 14 IrTnm to adopt Resolution 2013-006 recommending approval of Zone Change 2013- 143 as submitted. Motion passed unanimously. 4. Zoning Ordinance Amendment 2013-113 proposing certain amendments to Title 9 (Zoning), Chapter 9.60, of the La Quinta Municipal Code related to the addition of Section 9.60.115, establishing procedural and operational provisions for Cottage Food Operations within residential zoning districts. Location: City - w ide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department_ Chairperson Barrows declared the PUBLIC HEARING OPEN at 10:01 p.m. There being no questions or discussion,Chairperson Barrows declared the PUBLIC HEARING CLOSED at 10:02 p.m. L nslnm � @ I nslnm v ` r I 'cd me rdbnrrcdc ax Bnl I ITrinmdq- Wilkinson/Alderson to adopt Resolution 2013-007 recommending approval of Zoning Ordinance Amendment 2013-113 as submitted. Motion passed unanimously. BUSINESS SESSION CORRESPONDENCE AN COMMISSIONER ITEMS VRITTEN MATERIAL - None 1. Report on City Council meetings of April 16 and May 7, 2013. PLANNING STAFF ITEMS Community Development Director Les Johnson said that Council has elected to change to action minutes for all Boards and Commissions going forward. He explained action minutes would merely list the agenda items and the actions taken. PLANNING COMMISSION MINUTES 6 MAY 14, 2013 %iiioi0i uuuuuuuJJJ) ��j�/%/iooil�0i luuuuuuuuuui uui uui �liii11111/��ll!/�� luuuulll((�l' � / /// '�l// /////r. � luuuuuuuuuuu "'�rrf luuuuuuuuuui luuuuuuuuuui ���j/////������ uuulillim fl uuuuuuuuuuui liuuuuuuuuuuu uu uui luuuuuuuuuui JJJJJJ uuuuuu uuuuui ��%ii���i// 111J�//�i/����� ai�jj�// �%l%ll%%/l(�/''/ ��11j/////� � uu� uuuuuuuuuuui 111j////��/ �(Il�lli`iiaiialan/�� �///// � �i� uuuuuuuuuu uuuuuuuuuu IIIIIIII uuuuuuuuuu uuuuuuuuuuu uuuuuuuuui uuuuuu uuuuuu uuuuuuuuJJJf uuuuuuuu//// lolsI uuuuuuuuuu......... uuuuuuuu. uuuuuuJ� uuuuuuuuuu uuuuuuuuuuui uuuuuuolfl uu �iaiaiai�///iii,,. lm0,