Loading...
ORD 537ORDINANCE NO.537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California did, on the 51h day of April 2016, hold a duly noticed public hearing for review of a City -initiated request of a Zoning Ordinance Amendment to modify Title 8 (Buildings and Construction) of the La Quinta Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of March 8, 2016, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Title 8 of the La Quinta Municipal Code, as identified by Title of this Ordinance; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2016-005 to recommend to the City Council adoption of said Zone Ordinance Amendment; and WHEREAS, the Design -and Development Department published a public hearing notice for this request in The Desert Sun newspaper on March 25, 2016, as prescribed by the Municipal Code; and WHEREAS, Title 8 of the Municipal Code contains the chapters that address landscaping improvements and grading; and WHEREAS, a comprehensive review of Title 8 was undertaken to examine each chapter for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 8 are needed as a result of the comprehensive review for the Development Code Tune Up; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Program LU-3.3.a, to provide incentives in the Zoning Ordinance for creative and high quality Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 2 of 8 development; Policy LU-5.2, Consider changes in market demand in residential product type to meet the needs of current and future residents. 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendment streamlines the development review process and does not incorporate any changes that affect the :regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. CHAPTER 8.13 WATER EFFICIENT LANDSCAPING shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 8.80 GRADING shall be amended as written in Exhibit A attached hereto. SECTION 3. The proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions — General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. SECTION 4. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0001, as set forth in attached Exhibit "A," for the reasons set forth in this Ordinance. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 6. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 3 of 8 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 19th of April, 2016 by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Cl k City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 4 of 8 EXHIBIT A 8.13.030 Provisions for new or rehabilitated landscapes. A. Applicability. 1. Except as provided in subsection (A)(3) of this section, this section shall apply to: a. All new construction and rehabilitated landscaping for private, public, commercial and governmental development projects; and b. All new construction and rehabilitated landscaping in single-family tracts and multifamily projects. 2. Projects subject to this section shall conform to the provisions in this section. This -section shall not apply to: - Single -family residential landscaping projects on individual lots/parcels with a total project landscape area less than five thousand square feet; Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project; Turf-reduction/replacement landscaping projects, with no new or expansion of existing landscaped area(s) involved; Registered local, state, or federal historic sites; Ecological restoration projects that do not require a permanent irrigation system; Mined -land reclamation projects that do not require a permanent irrigation system; Plant collections, as part of botanical gardens and arboretums open to the public. B. Final Landscaping Plan Application Submittal Requirements. 1. Each final landscaping plan submittal shall include the following elements: Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 5 of 8 Water conservation concept statement; Calculation of the maximum applied water allowance; Calculation of the estimated applied water use; Calculation of the estimated total water use; Landscape design plan; Irrigation design plan; Grading design plan; and Soil analysis. 2. The final landscaping plan application shall be submitted to the city in accordance with the requirements and information as stipulated on the city application form. No city approval shall, be issued until the city and the local water purveyor have reviewed and accepted the landscape documentation package. If applicable, the final landscape plan submittal shall substantially conform to the project's preliminary landscape plan as approved for the project. 3. A copy of the approved final landscaping plan submittal shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. C. Elements of Final Landscaping Plan Submittal. Chapter 8.80 GRADING 8.80.010 Purpose and intent. A. Generally. The purpose of this chapter is to safeguard life, limb, health, property and public welfare by establishing minimum requirements for regulating grading and procedures by which these requirements may be enforced. B. Scope. No person shall make, alter or maintain any excavation or fill except as provided by this chapter. Exception: The provisions of this chapter shall not apply to the following: Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 6 of 8 Work accomplished under the auspices of land owned and controlled by the United States of America or by the State of California. Work in a public right of way, drains and drainage structures constructed by or under contract with the city or county flood control district unless the structure forms a portion of the support for a building or a structure coming within the jurisdiction of the building and safety department. C. Permissive Provisions. The permissive provisions of this chapter do not waive, and shall not be presumed to waive, any limitations imposed by other statutes or ordinances of the state or city. D. Limitations. If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life, limb, health, property, and public welfare. 8.80.050 Grading bonds. A. Requirements. A permit will not be issued for excavation or fill of more than five hundred cubic yards (three hundred eighty cubic meters) in hillside areas, more than one thousand cubic yards (seven hundred sixty cubic meters) in other areas, or for any work which requires retaining walls, until the permittee shall post with the' city engineer a bond for the benefit of the city. The' bond shall be executed by the owner and a corporate surety authorized to do business in this state as surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards. All bonds shall be in a form acceptable to the city engineer. Exception: The city engineer may waive the requirement that a bond be posted before a permit is issued as provided in this section if the city engineer determines that no potential hazard would exist if the grading is not completed. B. Cash or Deposit Agreement in Lieu of Bond. In lieu of a surety bond the applicant may file a deposit agreement or deposit cash with the city engineer upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted with the cash bond may be in the form of cash or negotiable United States securities. The deposit agreement shall be on forms approved by the city engineer. C. Application of Bond to Adjacent Property. Where grading is required on property adjacent to the grading site under permit to complete a project satisfactorily, written consent must be obtained from the adjacent owner and a copy of the written consent submitted to the city engineer prior to commencement of grading on the adjacent property. The owner of such adjacent property need not provide an additional grading bond, if the original is of sufficient amount to include such additional grading. Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 7 of 8 D. Conditions of the Bond, Deposit Agreement, or Cash Deposit. Every bond, deposit agreement or cash deposit shall be conditioned that the permittee shall: 1. Comply with all of the provisions of this chapter and all other applicable laws and ordinances. 2. Comply with all of the terms and conditions of the permit for excavation and fill to the satisfaction of the city engineer. E. Period and Termination of Bond, Deposit Agreement, or Cash Deposit. 1. The term of each security shall begin upon the date of filing with and shall remain in effect until the completion of the work to the satisfaction of the city engineer, plus an additional period of one year. Such completion shall be evidenced by inspection and acceptance of the work by the city engineer or his/her designee. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order the work to be completed as required by the permit and to the satisfaction of the city engineer's office. The surety executing such bond or such deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all of such required work to be accomplished and that said surety or the depositor assents to any lawful extensions of time within which to construct and complete such work. In the case of a cash deposit or deposit agreement, any unused portion shall be refunded to the permittee. 2. After the work has been completed to the satisfaction of the city engineer, the city engineer may release or exonerate the bond, deposit agreement, or cash deposit earlier than the additional one-year period if the city engineer determines that the public health and welfare is not jeopardized. In no case shall the security be released earlier than four months after the grading work has been completed to the satisfaction of the city engineer. F. Amount of Security. The amount of the security shall be determined by the method outlined in Engineering Bulletin #04-09, as may be amended from time to time, which shall be available on the City's official internet web site and upon request to the city clerk's office. Ordinance No. 537 Amendment to Title 8 Buildings and Construction Adopted: April 19, 2016 Page 8 of 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 537 which was introduced at a regular meeting? on the 5th day of April, 2016, and was adopted at a regular meeting held on the 19t day of April, 2016 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. &04A--' 6440&1f-,= SUSAN MAYSELS, City Cl City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on April?, W. 2016, pursuant to Council Resolution. S�7� Vh4� SUSAN MAYSELS, City Cleiq City of La Quinta, California