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ORD 547ORDINANCE NO. 547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.20, ZONING DISTRICTS, OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE AND THE OFFICIAL ZONING MAP RELATED TO THE ZONING AND GENERAL PLAN TEXT AND MAP CONSISTENCY CASE NUMBER: ZONING ORDINANCE AMENDMENT 2016-0004 WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of September 2016, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 20016-0004 to modify Chapter 9.20, Zoning Districts, of Title 9 (Zoning) of the La Quinta Municipal Code and the Official Zoning Map; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of August, 2016, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Title 9 of the La Quints Municipal Code and the Official Zoning Map, as identified by Title of this Ordinance; and WHEREAS, on the 9th day of August, 2016 at said Public Hearing, the Planning Commission of the City of La Quints did adopt Planning Commission Resolution 2016- 012 to recommend to the City Council adoption of said zoning text and map amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on September 9, 2016, as prescribed by the Municipal Code; and WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review and permitting procedures; and WHEREAS, the proposed zoning text and map amendments are necessary to implement the General Plan 2035 adopted by the City Council at their regular meeting on February 19, 2013, 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: Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20 (Zoning Districts) of Title 9 (Zoning) and Zoning Map Adopted: October 4, 2016 Page 2 1. Consistency with General Plan The zoning text and map amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Program LU-1.1.b, to maintain consistency between the Land Use Map and Zoning Map, consistent with the Zoning Designations Consistency Matrix; Policy LU-1.2, that all land use decisions shall be consistency with all applicable General Plan policies and programs and shall uphold the right and needs of property owners as well as those of the general public; Program LU-7.1.0, Establish a Mixed Use Overlay for all the commercial zoning designations; and Program LU-7.3.a, to amend the Zoning Ordinance to include standards for high density residential development within commercial zones. 2. Public Welfare Approval of the zoning code and map amendments will not create conditions materially detrimental to the public health, safety and general welfare. The amendments implement the General Plan 2035 and do 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 9.20 ZONING DISTRICTS shall be amended as written in Exhibit A and B attached hereto. SECTION 2. The Official Zoning Map shall be amended as identified in Exhibit B attached hereto. SECTION 3. The proposed zone text and map amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text and map amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan. SECTION 4. That the City Council does hereby approve the attached Exhibits A and B of Zoning Ordinance Amendment 2016-0004 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 Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20 (Zoning Districts) of Title 9 (Zoning) and Zoning Map Adopted: October 4, 2016 Page 3 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. SECTION 7. Severobility. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 4th day of October, 2016 by the following vote: AYES: Council Members Franklin, Osborne, Pena, Rodi, Mayor Evans NOES: None ABSENT- None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City CI k T City of Lo Quinta, California (CITY SEAL) Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20 (Zoning Districts) of Title 9 (Zoning) and Zoning Map Adopted: October 4, 2016 Page 4 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20(Zoning Districts) of Title 9(Zoning) and Zoning Map EXHIBIT A Adopted: October 4, 2016 Page 5 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. 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. VC Village Commercial District 8. CR Regional Commercial District 9. CID Commercial Park District 10. CC Community Commercial District 11. CN Neighborhood Commercial District 12. CT Tourist Commercial District 13. CO Office Commercial District 14. MC Major Community Facilities District 15. PR Parks and Recreation District 16. GC Golf Course District 17. OS Open Space District 18. FP Floodplain District 19. HC Hillside Conservation Overlay District 20. SOB Sexually Oriented Business Overlay District 21. EOD Equestrian Overlay District 22. AHO Affordable Housing Overlay District 23. MU Mixed Use Overlay District (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.020 Official zoning map. A. Adoption of Map. The boundaries of the zoning districts established in this zoning code shall be shown on that map entitled "City of La Quinta Official Zoning Map" on file with the Director and available for public examination and purchase. B. Interpretation of District Boundaries. Where uncertainty exists regarding the precise boundaries of districts on the official zoning map, the following rules shall apply: 1. Boundaries indicated as approximately following the centerlines of streets shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right-of-way lines of streets shall Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20 (Zoning Districts) of Title 9 (Zoning) and Zoning Map Adapted: October 4, 2016 Page 6 be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines. 2. Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines. 3. Boundaries indicated as parallel to or extensions of the lines described in subsections (13)(1) and (2) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. 4. Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way. 5. In cases where uncertainty exists after application of rules in subsections (13)(1) through (4) of this section, the Director shall determine the district boundaries. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.030 Special zoning symbols. A. Purpose. In some cases, the city may determine that alternate development standards are required for a particular geographic area other than those set forth in applicable sections of this code with regard to minimum lot size, setbacks, lot frontage and maximum building height because the normal standards may not be appropriate for one or more of the following reasons: 1. Unusual topography or other natural features within the area. 2. The need to mitigate development impacts on vulnerable surrounding land uses. 3. The need to ensure adherence to a key general plan goal, objective or policy. 4. Other factors affecting the subject area not generally prevalent in the city. B. Use of Special Symbols. The city may establish alternate development standards for a particular geographic area than those set forth for the zoning district covering the area by means of special zoning symbols. Such alternate development standards shall supersede those in Chapters 9.50, 9.65, 9.90 and 9.130 and shall be specified by means of one or more of the following symbols on the official zoning map: 1. Lot Size. A number following the district designation and connected by a hyphen shall designate the minimum lot size. Where the number is greater than one hundred, it shall indicate the minimum size in square feet; where the number is less than one hundred, it shall indicate the minimum size in acres. Example: RM-500 or RL-2 2. Setbacks. A number following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (n and shall be shown in the following order: front/side/rear. Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20 (Zoning Districts) of Title 9 (Zoning) and Zoning Map Adopted: October 4, 2016 Page 7 Example. RM (20/5/25) 3. Height and Number of Stories. A number shown below and separated by a line from the district designation shall designate the maximum height of building or structures in feet and the maximum number of stories. Height shall be given first followed by a'T' and number of stories. Example: RM = 28/2 4. Lot Frontage. A number preceding and connected to the district designation by a hyphen shall designate the minimum lot frontage in feet. Example: 100-RL 5. Symbols Combined. The preceding symbols may be used in any combination to show minimum lot size, setbacks, frontage, and maximum height. Example: 100-RL-2 (20/5/25) . 28/2 C. Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within the city of La Quinta shall be clearly identified on the official zoning map and referenced in Section 9.50.030, Table of Development Standards. (Ord. 434 § 1, 2007; Ord. 284 § 1 (Exh. A) (part), 1996) 9.20.040 Land uses not listed. A. Director's Authority. Because not every possible land use can be identified in this zoning code and because new land uses evolve over time, this section establishes the Director's authority to determine if unlisted uses shall be permitted in a zoning district. in order to determine that a use is permitted as a principal, conditional or accessory use, the director shall make all of the following findings: 1. The proposed use is consistent with the goals and policies of the general plan. 2. The proposed use is compatible with the purpose and intent of the district in which it is to be located. 3. The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. B. Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the planning commission as a nonhearing item if the director determines on a case -by -case basis that the public interest would be better served by such referral. C. Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 9.200.120. Determinations by the director may be appealed to the planning commission and determinations by the planning commission may be appealed to the city council. (Ord. 284 § 1 (Exh. A) (part),1996) FA 1 LPL C-1 Ordinance No. 547 ZOA 2016-0004 Amendment to Chapter 9.20 (Zoning Districts) of Title 9 (Zoning) and Zoning Map Adopted: October 4, 2016 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. 547 which was introduced at a regular meeting on the 20th day of September 2016 and was adopted at a regular meeting held on the 4th day of October, 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 Quints as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. SUSAN MAYSELS, City rk City of Lo 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 Octoberlll, 2016, pursuant to Council Resolution. 1&4 SUSAN MAYSELS, City Clktk City of La Quinta, California