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ORD 552ORDINANCE NO.552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.60 AND 9.100 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SPECIAL EVENT REGULATIONS WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of December, 2016, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2016-0004 to modify special event regulations of Chapter of 9.60 and 9.100 of Title 9 (Zoning) of the La Quinta Municipal Code;and WHEREAS, the City Council of the City of La Quinta, California did, on the 18th day of October, 2016, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2016-0004 and on the 15th day of November, 2016, adopted Ordinance No. 550 to modify Title 9 (Zoning) related to the Zoning and General Plan Consistency of the La Quinta Municipal Code, and recommended consideration of special event regulations at a future City Council public hearing; and 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 2016-0004 and on the 4th day of October, 2016, adopted Ordinance No. 547 to modify 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 Quinta Municipal Code and the Official Zoning Map, 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 2016-012 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 December 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 Ordinance No. 552 Title 9 Zoning - Arnending Chapters 9.60 and 9.100 Adopted: Janrinry 3, 2017 Page 2 of 13 WHEREAS, the proposed zoning text amendments are necessary to provide comprehensive requirements for special events in residential and nonresidential districts in the City of La Quinta, and WHEREAS, the proposed zoning text 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: 1. Consistenc y with General Plan The zoning text amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by 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. The amendments are further supported by Policy LU3.1 for preservation of neighborhood character and assure consistent and compatible land use pattern. 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 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS shall be amended as written in Exhibit A attached hereto. SECTION 2. CHAPTER 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS shall be amended as written in Exhibit A attached hereto. SECTION 3. The proposed zone text 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 amendments are consistent with the previously approved findings of the General Man 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan. Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 3 of 13 SECTION 4. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0004, 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. SECTION 7. That the City Council does hereby grant the City Clerk the ability to make minor amendments to Exhibit "A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 8. Severability. 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 3rd day of January, 2017 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 4 of 13 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: r,lz WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 EXHIBIT A Page 5 of 13 9.60.170 Special events — Residential. A. Special Events. Within residential districts, or residential areas for property or parcel(s) zoned mixed -use (referred to in this section as "residential districts)"), special events shall include, but are not limited to: 1. Pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings. 2. Events at a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house or complex, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for compensation or without compensation for the purpose of staging a special event that includes a combination of any two or more of the following characteristics: outdoor amplified music, a stage or staging, event lighting, tents, additional parking accommodations, traffic restrictions, and other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events. 3. Events at a short-term vacation rental unit property 'or parcel(s) that exceeds the total daytime number of occupants allowed pursuant to Section 3.25.070. B. Standards. Special events are permitted in residential districts as indicated in Table 9-1 with the approval of a temporary use permit or conditional use permit, in accordance with the following: 1. One special event may not exceed three consecutive days. 2. A minor temporary use permit may be processed and issued if no more than three special events occur at a single-family detached or multiple - family attached unit, short-term vacation rental, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings in a calendar year. 3. A major temporary use permit may be processed and issued if more than three but less than twelve special events occur at a single-family detached or multiple -family attached unit, short-term vacation rental, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings in a calendar year subject to approval at a public hearing of the Director. 4. Special events that occur more than eleven times in a calendar year may be permitted at a single-family detached or multiple -family attached unit, short-term vacation rental, apartment house, condominium, Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 6 of 13 cooperative apartment, duplex, or any portion of such dwellings subject to the approval of a conditional use permit at a public hearing of the planning commission in accordance with this section and the municipal code. 5. An application for a minor temporary use permit for special events shall be submitted to the Design and Development Department no later than forty-five (45) days prior to the proposed special event. An application for a major temporary use permit or conditional use permit for special events shall be submitted no later than ninety (90) days prior to the proposed special event. 6. The City Manager or his/her designee may allow for an expedited application of a minor temporary use permit, which may be submitted later than the application deadlines set forth in the subsection above, and may suspend the appeal procedures after a decision of the permit is rendered, if the special event will have limited parking and traffic impacts, will not have outdoor tents or other structures that require a building permit, will have limited or no outdoor amplified music, will not require a permit from the California Department of Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event certifies that these limitations will apply and be enforced. 7. Findings. The following findings shall be made by the decision -making authority in conjunction with approval of either a minor or major temporary use permit, or conditional use permit: a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated attendance. c. Sufficient parking will be provided for the anticipated attendance. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the fire marshal. f. Security plans and facilities have been provided to the satisfaction of the sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 7 of 13 8. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the City Manager or his/her designee. 9. A cash bond or other guarantee as determined by the City Manager or his/her designee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required. 10.Applications for permits or certificates required by this section shall be referred by the Design and Development Department to other affected departments, cities or public agencies as may be appropriate for review and comment. 11.The applicant shall provide evidence that the applicant mailed or delivered written notification of the special event(s) to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within five hundred feet (500') of the proposed special event property. Such notice shall be issued no later than fourteen days prior, and completed no more than seven days prior to the special event. The notice shall include: a. The date, time, hours of operation and complete description of all activities for the event as required to be submitted as part of the application b. The name and twenty-four hour contact phone number of the local contact person for the property and the Police Department. 12.Signs for pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings shall be allowed as follows: a. Maximum of one temporary banner per street frontage, not to exceed thirty-two square feet. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed fifty-five square feet. c. Maximum thirty off -site temporary directional signs, nine square feet in area, subject to the provisions of Section 9.160.060, subsections C through H with the exception of subsection E. d. Maximum fifteen bunting signs, with maximum size to be approved by the City Manager or his/her designee. e. Posting period, locations and related details shall be as approved in the temporary use permit for the event. Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 8 of 13 f. Other signs and advertising devices, such as pennants, flags and A - frame signs are prohibited. 13. Related issues, including but not limited to police and security, food and water supply, consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Manager or his/her designee, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, County Health, California Department of Alcoholic Beverage Control and tent permits. 14.A permit may be issued for special events in nonresidential districts or at nonresidential areas of mixed -use property or parcel(s) pursuant to Section 9.100.130 of this code. C. Violations. A violation of this section may include any of the following: 1. Permit Limitation. The City Manager or his/her designee may summarily deny, suspend, or revoke any current or pending temporary use permit, minor use permit, or conditional use permit pursuant to the provisions set forth in Section 2.04.100 (Appeals to Council) of Chapter 2.04, or other applicable procedural provisions in the municipal code, for any or all of the following: (a) A violation by the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative of any of the conditions of approval or any provisions in the municipal code; (b) The applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative performs activities described in the application for the temporary use permit, minor use permit, or conditional use permit in a manner that poses a threat to the public health and safety, endangers the preservation of property, engages in activities outside the scope of the activities described in the application, or fails to timely reimburse the city for costs associated with enforcement of the conditions of approval or any provisions in the municipal code. Additionally, for any violation under this section or other provisions of the municipal code resulting from a special event at a short term vacation rental, the City Manager or his/her designee may summarily deny, suspend, or revoke the short term vacation rental permit and licenses related to the operation thereto. Any revocation of a temporary use permit, minor use permit, or conditional use permit pursuant to this section, after notice and public hearing and Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 9 of 13 final determination for revocation, shall result in the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative, operating under the revoked permit, being ineligible to apply or re -apply for any special event permit for at least one year. 2. Notice of Violation. The city may issue a notice of violation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative, pursuant to Section 1.01.300 (Notices —Service) of the municipal code, if there is any violation of this section or any other provisions of the municipal code, caused or maintained by any of the above parties. The City Manager or his/her designee may suspend any existing permit or pending permit application for a period of 90 days after a second violation of any of the conditions of approval from an applicable permit or any provisions of the municipal code. A third violation shall be cause for automatic revocation by the City Manager or his/her designee of any current or pending application for a temporary use permit, minor use permit, or conditional use permit. 3. Administrative Citation. The city may issue an administrative citation to any occupant, responsible party, .owner(s) or the owner's. authorized agent or representative, pursuant to Chapter 1.09 (Administrative Citation) of the municipal code, if there is any violation of this section or other provisions of the municipal code, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from issuing an infraction citation upon the occurrence of the same offense on a separate day. 4. Misdemeanor Citation. The city may issue a misdemeanor citation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative. Every violation of this section or other provisions of the municipal code is a misdemeanor and punishable by a fine not exceeding five hundred dollars or imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. Every violation of the conditions of approval of a temporary use permit, minor use permit, or conditional use permit is a misdemeanor and punishable by a fine not exceeding one thousand dollars or imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. 5. Additional Conditions. A violation of any provision of this section or other provisions of the municipal code by any of the occupants, responsible party, owner(s) or the owner's authorized agent or representative shall Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 10 of 13 authorize the city manager, or designee, to impose additional conditions on temporary use, minor use, or conditional use permit to ensure that any potential additional violations are avoided. 6. Public Nuisance. It shall be a'public nuisance for any person to commit, cause or maintain a violation of this section or other provisions of the municipal code, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) of Chapter 1.01 (Code Adopted). 9.100.130 Special events — Nonresidential. A. Special Events. Within Nonresidential districts, or nonresidential areas for property or parcel(s) zoned mixed -use (referred to in this section as "nonresidential district(s)"), special events shall include, but are not limited to: pageants, fairs, carnivals, and large athletic, religious or entertainment events, block parties, large neighborhood or community gatherings. Such events may be permitted in nonresidential districts pursuant to this section. B. Standards. Approval of a temporary use permit or minor use permit shall be required for any special event in a nonresidential district, as provided in this section, 1. A temporary use permit governing special events shall be subject to the following: a. One special event may not exceed ten consecutive days. b. A temporary use permit may be processed and issued if the event has 50 or more person and no more than four special events occur at the event location within a calendar year. c. A temporary use permit shall be approved by the City Manager or his/her designee. The temporary use permit may be referred to the planning commission as a business item at the discretion of the City Manager or his/her designee. 2. Special events that occur more than four times in a calendar year may be permitted subject to the approval of a minor use permit in accordance with this section and the municipal code. a. The term for special events beyond a calendar year may be established by the minor use permit. b. A minor use permit shall be approved by the City Manager or his/her designee. The minor use permit may be referred to the planning Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 11 of 13 commission as a business item at the discretion of the City Manager or his/her designee. c. Notwithstanding the general requirement for special events to obtain a minor use permit pursuant to this section, fine art and craft shows may be approved for ten calendar days in each month, except during city sponsored fine art events, by a temporary use permit pursuant to this section. C. Applications for permits or certificates required by this section shall be referred by the City Manager or his/her designee to other affected city departments or other public agencies for review and comment. D. Findings. The same findings set forth in Section 9.60.170(B)(7) (or successor subsection in that section) shall be made by the decision -making authority in conjunction with approval of a temporary use permit or minor use permit under this section. E. Activities conducted on property owned by or leased to the city and public road rights -of -way may require an encroachment permit issued by the Design and Development Director. F. An application for a temporary use permit for special events shall be submitted to the Design and Development Department no later than forty-five (45) days prior to the proposed special event, and an application for a minor use permit for special events shall be submitted no later than ninety (90) days prior to the proposed special event, unless the City Manager or his/her designee determines additional time is necessary to review and make the required findings for the special event permit application, in which case the City Manager or his/her designee shall notify the applicant of the modified deadline for submitting an application. G. The City Manager or his/her designee may allow for an expedited application of a temporary use permit, which may be submitted later than the application deadlines set forth in the subsection above, and may suspend the appeal procedures after a decision of the permit is rendered, if the special event will have limited parking and traffic impacts, will not have outdoor tents or other temporary or permanent structures that require a building permit, will have limited or no outdoor amplified music, will not require a permit from the California Department of Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event certifies that these limitations will apply and be enforced. H. A cash bond or other guarantee as determined by the City Manager or his/her designee for removal of the temporary use and cleanup and restoration of the Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 12 of 13 activity site to its condition before the event within seven days of the event's conclusion shall be required. I. Related issues, including but not limited to police and security, food and water supply, consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Manager or his/her designee, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, County Health, California Department of Alcoholic Beverage Control and tent permits. I Signs for the event shall be allowed as follows: 1. Maximum of one temporary banner per street frontage, not to exceed thirty-two square feet. 2. Maximum one temporary portable sign on- or off -site on private property, not to exceed fifty-five square feet. 3. Maximum thirty off -site temporary directional signs, nine square feet in area, subject to the provisions of Section 9.160.060, subsections C through H with the exception of subsection E. 4. Maximum fifteen bunting signs, with maximum size to be approved by the City Manager or his/her designee. 5. Posting period, locations and related details shall be as approved in the temporary use permit for the event. 6. Other signs and advertising devices, such as pennants, flags, A -frame signs, are prohibited. K. Violations. A violation of this section shall be governed by the same violation provisions in Section 9.60.170(C) (or successor subsection in that section). Ordinance No. 552 Title 9 Zoning - Amending Chapters 9.60 and 9.100 Adopted: January 3, 2017 Page 13 of 13 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. 552 which was introduced at a regular meeting on the 20th day of December, 2016 and was adopted at a regular meeting held on the 3rd day of January, 2017 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 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 January 5, 2017, pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California