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ORD 539ORDINANCE NO. 539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 13 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California did, on the 51h day of April 2016, hold a duly noticed public hearing for.review of a City -initiated request of a Zoning Ordinance Amendment to modify Title 13 (Subdivision Regulations) of the La Quinta Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of March 8, 2016, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Title 13 of the La Quinta Municipal Code, as identified by Title of this Ordinance; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2016-005 to recommend to the City Council adoption of said Zone Ordinance Amendment; and, WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on March 25, 2016, as prescribed by the -Municipal Code; and WHEREAS, Title 13 of the Municipal Code contains the chapters that address landscaping improvements and grading; and WHEREAS, a comprehensive review of Title 13 was undertaken to examine each chapter for streamlining of the development review process; and WHEREAS, amendments to several chapters of Title 13 are needed as a result of the comprehensive review for the Development Code Tune Up; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Program LU-3.3.a, to provide incentives in the Zoning Ordinance for creative and high quality Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 2 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 13.04 BASIC PROVISIONS shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 13.08 LA QUINTA SUBDIVISION PROCESS shall be deleted in its entirety. SECTION 3.. CHAPTER 13.12 TENTATIVE SUBIDIVISION MAPS .shall be amended as written in Exhibit A attached hereto. SECTION 4. CHAPTER 13.20 FINAL MAPS AND PARCEL MAPS shall be amended as written in Exhibit A attached hereto. SECTION 5. CHAPTER 13.24 IMPROVEMENTS shall be amended as written in Exhibit A attached hereto. SECTION 6. CHAPTER 13.32 LOT LINE ADJUSTMENTS shall be amended as written in Exhibit A attached hereto. SECTION 7. The proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions — General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. SECTION 8. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0001, as set forth in attached Exhibit "A," for the reasons set forth in this Ordinance. SECTION 9. This Ordinance shall be in full force and effect thirty (30) days after its adoption. Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 3 SECTION 10. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City 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 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 Cler City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 4 EXHIBIT A CHAPTER 13.04 BASIC PROVISIONS 13.04.060 Review and approval authority. The authority for review and approval of subdivisions and related land actions is set forth in Table 13-1, as follows: Table 13-1 Review and Approval Authority PH = Decision -making body (public hearing required) R(PH) = Recommending review body (public hearing required) A = Administrative review by City Manager or his/her designee (no PH) CC = Decision -making body (City Council as consent calendar item) Type of Application Decision -Making Authority Staff Planning Commission City Council Vesting Tentative maps R(PH) PH PH PH A* Al CC PH PH A A PH A** Per city environmental review procedures Tentative maps Revised Tentative maps Tentative Parcel maps Tentative map extensions Final and Parcel maps Waiver of Parcel map Reversion to Acreage Lot Line Adjustments Parcel Mergers Amending Final maps Substantial Conformance - Tentative maps Environmental review * By city manager or his/her designee. Map can be referred to planning commission at director's discretion. ** By city manager or his/her designee City manager or his/her designee may only consider extensions if there are no proposed changes to the tentative map. (Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995) Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 5 13.04.070 Definitions. As used in this title: "Revised tentative map" means a revision to a valid approved tentative map and/or its approval conditions, wherein the design and/or improvements of the tentative map are modified from that of said approved tentative map, but with no substantial change in concept from the approved tentative map, as determined by the city manager or his/her designee. "Right-of-way" means the entire width of property ,used for highways, flood and drainage works, overhead and underground utilities, or any related improvements. "Shall" means that which is obligatory, necessary or mandatory. "Slope" means land gradient described as the vertical rise divided by the horizontal run, and expressed in percent. "Specific plan" means a plan adopted by the city council that is based upon the City of La Quinta General Plan and is consistent with Section 65450 et seq. of the Government Code. "Storm runoff' means surplus surface water generated by rainfall that does not seep into the earth but flows overland to lower elevations. Street, Collector. "Collector street" means a two-lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. Collector streets are designed for both mobility and access to adjacent property and often provide on -street parking. Collector streets generally serve shorter trips within neighborhoods and access to higher -level streets. Designation of collector streets in the City of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. Street Improvements, Full -Width. "Full -width street improvements" means pavement, curbs, gutters, sidewalks, medians, traffic -control devices, pavement markings, and other improvements required by Chapter 13.24, the 2035 General Plan circulation element (as may be amended from time to time) and the city engineer. Street, Local. "Local street" means a two-lane street within a sixty foot right-of-way with a variable width of thirty-six to forty feet between curb faces. All other roadways which do not fit within the arterial or collector classifications are local streets. The local street system is designed for access to abutting properties and the movement of traffic is of secondary importance. Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 6 Street, Major Arterial. "Major arterial street" means a six -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. Major arterial streets are designed to provide a high level of mobility for very large traffic volumes and generally serve trips of several miles or more, including pass -through traffic. Major arterial streets link major activity centers within the community and provide direct connections to the regional roadway system designation of major arterial streets in the City of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. Highway 111 is classified as a major arterial, but has variable right-of-way and improvement widths as set forth in the 2035 General Plan circulation element, as may be amended from time to time. Street, Primary Arterial. "Primary arterial street" means a four -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element (as may be amended from time to time), seventy-six to eighty-six feet in width between curb faces, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. The primary arterial is designed to provide mobility for high traffic volumes, to provide continuity through the city, and generally serve trip lengths of one or more miles. Designation of primary arterial streets in the. City of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element (as may be amended from time to time). Street, Private. "Private street" means a privately maintained street within a private development or a planned residential development. Street, Secondary Arterial. "Secondary arterial street" means a four -lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. The secondary arterial is designed for mobility, to provide continuity through the community, and generally serves trips of a mile or more. Secondary arterial streets generally border neighborhoods and offer access as a secondary consideration. Designation of secondary arterial streets in the City of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. "Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units. Property shall be considered as contiguous, even if it is separated by roads, streets, utility easements or railroad rights -of -way. This definition also refers to a condominium project, a community apartment project, or the Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 7 conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d) and (m) of Section 1351 of the Civil Code. "Subdivision Map Act" means Sections 66410 et seq. of the Government Code of the state of California as may be revised from time to time. "Substantial Conformance" means conformance with a valid and approved tentative map with minor modifications to that map, which include changes to map characteristics such as lot lines, shapes, dimensions, and size; changes to street widths or grades, grading criteria, or pad elevations; and other similar minor changes to map characteristics that do not change the basic design and improvements required pursuant to a valid and approved tentative map and the conditions thereof. "Tentative map" and "tentative parcel map" concept of a proposed subdivision and how ii surrounding uses. Tentative maps need not field survey of the property. mean a map designed to illustrate the interfaces with existing conditions and le based upon an accurate or detailed Chapter 13.12 TENTATIVE SUBDIVISION MAPS 13.12.040 Filing of tentative maps. - Tentative maps shall be filed with the design and development department. The city may by resolution establish a filing fee schedule for the processing of final maps. (Ord. 272 § 1,1995) 13.12.050 Application materials. The following application materials shall be submitted with each proposed subdivision: A. The city tentative subdivision map application form; B. A public notification package must be submitted to the planning division and shall include a scaled map or county assessor's map showing all properties within a minimum 500-foot radius of subject property, a typed list of all property owners and their mailing address within a 500-foot radius, and all residents/tenants of said properties, and a typed list of the residents that reside contiguous to the subject property. The package shall include 3 sets of typed, self-adhesive, address labels for the above property owners and residents, as well as application contact persons. The list and map must be prepared with a wet signed or notarized certification by a title company, the Riverside County Assessor, or a licensed architect, engineer, or surveyor. Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 8 C. A completed copy of the city environmental information form and environmental filing fee, if the tentative map is determined to be subject to CEQA. D. The requisite number of copies of the tentative map (as stated in the application requirements form), folded appropriately to a size not exceeding eight and one-half inches by eleven inches, with two reduced reproducible originals not exceeding eight and one-half inches by eleven inches in size; E. A preliminary title report prepared and dated no more than ninety days prior to submission of the application; F. A drainage report describing the on- and off -site drainage characteristics, the amount of stormwater falling within the development and the proposed method of retaining that stormwater, and the amount and nature of historic inflow from other properties and the proposed method of retaining or passing through the inflow; G. The following additional documentation and special studies may be required: 1. *Historical, paleontological and/or archaeological study 2. Biological study 3. Traffic study 4. Geologic and/or soils study, 5. Water Quality Management Plan (WQMP) This list is not all inclusive, and any other special studies required will be determined by city staff on a case -by -case basis. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.100 Public notice procedure. A. Public Notice. Public hearings shall be held on tentative maps as set forth in Table 13-1. Notice of such hearings shall be published at least one time not less than ten days before the date of the public hearing (twenty days if the tentative map is not exempt from CEQA action). The notice shall include the following information: 1. The time and place of the public hearing; 2. The hearing body or officer; 3. A general explanation of the matter to be considered; 4. A general description of the property in text or diagrammatic form; 5. Map preparer/subdivider representative. Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 9 13.12.120 Revised tentative maps A revised tentative map may be filed for an approved tentative map, where the design and/or improvements of the tentative map are modified from that of said approved tentative map, but with no substantial change in concept from the approved tentative map. A. The city manager or his/her designee shall determine whether the proposed revisions to the tentative map substantially conform to the original concept of the approved tentative map. B. A revised tentative map shall comply with the provisions of the Subdivision Map Act and all applicable provisions of the La Quinta Municipal Code in effect at the time of approval of the revised tentative map. C. A revised tentative map shall be processed in the same manner as an initial tentative map proposal, with the exception of any procedures determined to be inapplicable. D. The.approval or conditional approval of a revised tentative map shall terminate approval of the original tentative map. However, the revised tentative map approval or conditional approval shall not extend the original time period within which the final map may be filed. 13.12.140 Appeals. A. Persons Who May Appeal. A subdivider or any other interested party may appeal a decision of the city manager or his/her designee, or a decision of the planning commission, by using the following procedures: 1. Appeal of Approval Authority Decision. Within fifteen calendar days after the date of any decision by the city manager or his/her designee, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The "date of decision" shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating the decision. The appeal shall state the item to be appealed and the reason for the request. The city manager or his/her designee shall set the matter for hearing before the planning commission within thirty days after the date of filing the appeal. Written notice of the hearing shall be Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 10 provided by mail to the. subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. 2. Appeal of the Planning Commission Decision. Within fifteen calendar days after the date of the decision by the planning commission, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The city clerk shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than thirty days from the date of receipt of the appeal and shall give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. B. Call -Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the city manager or his/her designee or a decision of the planning commission regarding the action taken on a subdivision. A request for call-up review shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or his/her designee within fifteen calendar days of the date on. which the decision of the city manager or his/her designee or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or his/her designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or his/her designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty- five days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a decision by the city manager or his/her designee, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section. For purposes of this section, the "board of appeals" shall Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 11 be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. C. Concurrent Appeals. An appeal of a decision, including call-up review, pursuant to this section may be processed concurrently with any appeal of a decision brought pursuant to Section 9.200.120, as may be amended from time to time. In the event of an inconsistency between the appeal process under this section and the appeal process in Section 9.200.120, the process in Section 9.200.120 shall apply to the processing of an appeal for an action taken on a subdivision. 13.12.150 Term of tentative maps. Pursuant to Section 66452.6(a)(1) of the California Government Code, the approval or conditional approval of a tentative map by the City Council shall expire thirty-six months after such approval. (Ord. 295 § 1,1997; Ord. 272 § 1, 1995) 13.12.160 Extensions of time for tentative maps. The expiration of .an approved -tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the city council without first processing a new tentative map. The initial three-year term of tentative maps may be extended as follows: A. Nothing in this chapter shall preclude or otherwise disallow any automatic time extension which may be granted by the state of California, for any approved tentative map meeting the criteria for such an extension. Any automatic extension shall run from the expiration date of the qualifying map, and shall be in addition to any remaining extensions available under this chapter. B. Request by the Subdivider. Before the expiration of the tentative map, the subdivider may apply for an extension of time. Applications for extensions of time shall be filed with the design and development department. All requests for extensions of time shall include: 1. A completed application form; 2. An identification of the length of time requested and reason(s) for the request; 3. The current processing fee as charged by the city for tentative map time extensions; Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 12 4. The requisite number of copies of the tentative map as required by the application. The tentative map shall be as approved by the approval authority. Additional copies may be requested subsequent to the application submittal. Extensions of time may be granted by the city manager or his/her designee if there are no changes to the approved tentative map. The city manager or his/her designee may waive some or all submittal material as noted in subsections (B)(1) through (4) of this section. Extensions of time that include changes to the approved tentative map are subject to the public notification procedure provided for in Section 13.12.090 and will be considered at a public hearing, to be held by the designated approval authority as set forth in Section 13.04.060. A time extension granted by the city manager or his/her designee may not exceed two years. The approval authority may grant a maximum of six one-year time extensions. The extension may be granted for any.period of time, from one year up to the maximum of six years. The approval authority shall impose additional conditions of approval if such conditions are intended to maintain the public health, safety and welfare and/or to comply with current city, state or federal requirements. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the approval authority may impose other conditions or amendments to .the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. C. Filing of Final Maps/Off-site Improvements. If a subdivider is required to expend the amount specified in Section 66453.6 of the Government Code to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved tentative map by thirty-six months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its approval. D. Development Agreements, Moratoriums, Lawsuits, Etc. Additional factors affecting the term of approved tentative maps, and information for the proper construction of the provisions of subsections A through C of this section shall be as specified in Section 66452.6 of the Government Code. (Ord. 394 § 2, 2003; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 13 13.12.170 Substantial conformance with tentative map The process and criteria for substantial conformance determinations with an approved tentative map are at the discretion of the city manager or his/her designee, based on the definition set forth in Section 13.04.070. Requests for substantial conformance determinations shall be filed with the design and development department in the format and with the information as may be required by the city manager or his/her designee in order to adequately review and decide on the request. As part of the review, the city manager or his/her designee shall transmit a copy of the request to the planning division for comment, as to zoning conformance with the approved tentative map. Chapter 13.20 FINAL MAPS AND PARCEL MAPS 13.20.010 Purpose. This chapter establishes requirements for the preparation and processing of final maps, parcel maps and waivers of parcel maps. (Ord. 272 § 1,1995) 13.20.020 Applicability. A final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except as specified herein below. A parcel map shall be required for all subdivisions creating four or less parcels, four or less condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four or less parcels, or for the conversion of a dwelling to a stock cooperative containing four or less dwelling units, with exception of land and parcels with the following characteristics: A. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or B. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or C. Each parcel created by the division has a gross area of twenty or more acres and has an approved access to a maintained public street or highway; or Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 14 D. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter or a quarter section. (Ord. 272 § 1, 1995) 13.20.130 Appeals. Appeals concerning final maps, amending final maps, parcel maps and waivers of parcel maps shall be processed as provided in Section 13.12.140, Appeals. (Ord. 356 § 1, 2000; Ord. 272 § 1, 1995) Chapter 13.24 IMPROVEMENTS 13.24.070 Street design —Generally. The design of street improvements shall conform with the following: A. Full -width street improvements shall be required for all internal subdivision streets and alleys. B. -Subdivisions bordering a- public street shall provide half -width right-of-way improvements, plus one additional travel lane on the opposite side of the centerline if it does not already exist. C. The street system in a proposed subdivision shall relate to and be compatible with existing or proposed streets in adjacent subdivisions and/ specific plans and shall, where applicable, provide for future development of adjoining property. D. Street connections shall be at ninety -degree angles unless approved by the city engineer. E. Alleys shall be at least twenty feet in width. Dead-end alleys shall provide adequate area for a turnaround. F. Cut -de -sacs shall not exceed a distance of one thousand three hundred twenty feet in length (measured from the centerline of the intersection to the center of the cul-de-sac) unless provided with improved emergency access/outlet routes no more than one thousand three hundred twenty feet from the end of the cut - de -sac. G. Minimum street grades shall be 0.5 percent longitudinally, 2.0 percent laterally. Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 15 H. Additional rights -of -way or easements shall be provided, where necessary, to accommodate roadway slopes, drainage structures, bicycle or equestrian paths and trails, and other facilities related to subdivision development. The size and configuration of streets shall comply with the Circulation Element of the 2035 La Quinta General Plan, Exhibits II-2 and II-3, as may be amended from time to time. I. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet. The minimum curb radius shall be forty-five feet for private streets and thirty-eight feet for public streets. (Ord. 490 § 1, 2011; Ord. 275 § 1, 1997; Ord. 272 § 1, 1995) 13.24.080 Street design —Private streets. Private streets, permitted only when there is adequate provision for their construction and maintenance, shall be in conformance with the standards listed in Table 13.24.070 except as follows: Width Permitted Use 28 feet No on -street parking 32 feet Parking on only one side of street 36 feet Parking on both sides of the street 40 feet j Entry and primary circulation streets (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.090 Image corridors The circulation element of the 2035 La Quinta General Plan establishes image corridors which warrant special improvements. Improvements constructed along image corridors shall comply with the improvement standards identified in the 2035 General Plan, as may be amended from time to time. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 16 13.24.130 Landscape setbacks. Landscape setbacks are required along public street rights -of -way. Buildings, walls, parking lots, and other improvements associated with the subdivision shall not be constructed within setbacks except as allowed herein. Retention basins, public sidewalks and equestrian trails may be located in setbacks if approved by the city as compatible with the landscape and design theme desired within the setbacks. Landscape setbacks for residential subdivisions shall be created on the final map as lettered lots. If the subdivision streets are to be ungated and publicly maintained, landscape setback lots shall be dedicated to the city. If the subdivision streets are to be gated and privately maintained, landscape setback lots shall be dedicated to the homeowners' or landowners' association. Landscape setback widths, as measured perpendicular to the ultimate right -of way line, shall generally be as follows: Street Setback Highway 111 50 feet Other major arterial streets 20 feet Primary arterial streets 20 feet Secondary arterial streets 10 feet Collector streets 10 feet 13.24.140 Landscaping plans. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be submitted for review and approval of the city manager or his/her designee and the city engineer. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.150 Special improvements. Bicycle lanes shall be designed and improved consistent with the bikeway corridor policy diagram contained within the La Quinta general plan, and the comprehensive trails system master plan. Hiking and equestrian trails shall be designed and improved consistent with the park recreation policy diagram of the La Quinta general plan, or if adopted, the comprehensive trails system master plan. The trails shall be deeded to the city either Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 17 in fee or as easements as determined by the city engineer. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.160 Maintenance. Subdividers shall make provisions for maintenance of improvements until final acceptance, by the city council, of all improvements required as conditions of approval. For privately maintained street and drainage improvements, the entity responsible for maintenance shall comply with all applicable provisions of the most current stormwater discharge permit (SDP) issued for the Colorado River Basin under the National Pollutant Discharge Elimination System (NPDES), including the city's stormwater pollution prevention plan (SWPPP) and the drainage area master plan (DAMP). (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.170 Clean air/clean water. The subdivider shall comply with applicable provisions of the NPDES. In the absence of an NPDES permit specific to the subdivision, the subdivider shall comply with the SWPPP and DAMP as approved for the city under the city's SDP. Graded land shall be protected from wind and water erosion through the use of various materials and methods such as, but not limited to, active irrigation, establishment of vegetative root structure to anchor soil, or surface barriers such as straw, wood chips or anchored plastic sheeting. Prior to grading operations, the subdivider shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16 of this code. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) Chapter 13.32 LOT LINE ADJUSTMENTS 13.32.010 Purpose. This chapter establishes procedures for adjusting the boundary lines between two or more existing parcels. (Ord. 272 § 1, 1995) 13.32.020 Applicability. Lot line adjustment may be utilized to reconfigure the size or shape of one lot provided that: A. All property line segments adjusted are boundary lines of the subject lot (though the extensions of the adjusted segments may affect several lots); Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 18 B. The lot line adjustment does not alter the number of lots; and C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of six months immediately preceding the date of the current application, unless the property is zoned Neighborhood Commercial, Community Commercial, Regional Commercial, Office Commercial, Commercial Park, Village Commercial or Major Community Facilities in which case there shall be no time restriction between lot line adjustments. (Ord. 444 § 1, 2007; Ord. 326 § 3,1998; Ord. 272 § 1,1995) Ordinance No. 539 Amendment to Title 13 Subdivision Regulations Adopted: April 19, 2016 Page 19 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. 539 which was introduced at a regular meeting on the 5th day of April, 2016, and was adopted at a regular meeting held on the 19th 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. SUSAN MAYSELS, City ClerkV 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 Z-; 2016, pursuant to Council Resolution. 2'b 6WA4� h4IH4�:� SUSAN MAYSELS, City Cl City of La Quinta, California