ORD 361 ORDINANCE NO. 361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT
TO TITLE 9 (ZONING CODE) AND TITLE 13 (SUBDIVISION
REGULATIONS) OF THE MUNICIPAL CODE.
ZONING CODE AMENDMENT 2001-070
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 21,t day of August, 2001, hold a duly noticed Public Hearing to consider a Zoning
Code Amendment regarding revisions to Title 9 (Zoning Code) and Title 13
(Subdivision Regulations); and
WHEREAS, the Planning Commission of the City of La Quinta, California
did on the 24th day of July, 2001, hold a duly noticed Public Hearing to consider
revision to Municipal Code Title 9 (Zoning Code) and Title 13 (SUbdivision Regulations)
within the City of La Quinta; and,
WHEREAS, said request has complied with the requirements of the
California Environmental Quality Act of 1970 (as amended), and adopted by City
Council Resolution 83-68, in that the Community Development Director has
determined that the project could not have any significant adverse effect on the
physical environment; therefore, the project is exempt pursuant to CEQA Guidelines
Section 1 5061 (b)(3); and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested person desiring to be heard, said
Planning Commission did find the following facts, findings, and reasons to justify the
recommendation for approval of said Zoning Code Amendment.
1. The proposed revisions will not adversely affect the planned development of the
City as specified by the General Plan for the City of La Quinta because the
regulations provide requirements which work in concert with and enhance the
community.
2. The proposed Amendment would not be detrimental to the health, safety, and
welfare of the City in that they are only procedural changes.
NOW, THEREFORE BE IT RESOLVED by the City Co~ncil of the City of
La Quinta, California that it does ordain as follows:
Ordinance No. 361
Noticing Requirements
Adopted: September 21, 2001
Page 2
SECTION 1. Title 9 (Zoning Code) and Title 13 (Subdivision Regulations)
of the La Quinta Municipal Code are hereby amended for the reasons set forth in this
Ordinance and as setforth in Exhibit "A" attached hereto.
SECTION 2. ENVIRONMENTAL. Said Zoning Ordinance Amendment
request has been determined to be exempt from the California Environmental Quality
Act pursuant to Section 15061.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 4. POSTING. The City Clerk shall certify to the passage and
adoption of this Ordinance, and shall cause the same to be posted in at least three
public places designated by resolution of the City Council, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered into the
Book of Ordinances of this City.
PASSED, APPROVED and ADOPTED this 21,t day of August, 2001 by the
following vote'
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES' None
ABSENT: None
ABSTAIN: None
~iOt ornia
ATTEST-
I~EEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
Ordinance No. 361
Noticing Requirements
Adopted: September 21, 2001
Page 3
APPROVED AS TO FORM:
M.ZKA~HERIN~ JENSON, City~'~torney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, 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. 361 which was
introduced at a regular meeting on the 21sT day of August, 2001, and was adopted
at a regular meeting held on the 1 8th day of September, 2001, 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 a Resolution of the City Council.
JUN~EEEK, CMC,' Cit~rr ~,
City of La Quinta, California
ZONING CODE AMENDMENT 2001-070 EXHIBIT "A"
September 18
REVISE - Section 9.50.090 A.1 - As a part of the Building and Safety Department
plan check for residences in the RC zone district, the Community
Development Department shall review the submitted plans and visit
proposed site to ensure that the architectural features of the front
elevation of the proposed residence has design features that vary from
other residences within two hundred feet on the same street, and cross
street if the lot is on a corner.
DELETE- SECTION 9.50.090 B. - Building Design Guidelines-Multiple Approvals.
DELETE - SECTION 9.50.090 C. - Cove Residential Design Application Procedures.
REVISE - SECTION 9.60.030 C.3.c. - Arches or trellises up to nine feet in overall
height and five feet interior width may be constructed over a gate on a
lot provided the arch/trellis is integrated into the fence/gate design.
DELETE SECTION 9.60.030 C.4.
ADD - SECTION 9.60.030 C.4. - Adjacent to a nonresidential zone or use. The
maximum fence height between a residential zone or use and a
nonresidential zone or use shall be eight feet.
ADD- SECTION 9.60.045 - Barbeques, Waterfalls, Fountains, Fireplaces and
Similar Structures.
A. Applicability. Permanently installed freestanding barbeques,
waterfalls, fountains, fireplaces and similar structures such as
permanently installed tables and benches, etc., may be
constructed on a residential lot containing a primary residence.
B. Standards. Freestanding barbeques, waterfalls, fountains,
fireplaces and similar structures shall comply with the following
requirements:
1. Said construction of structures, except freestanding
fireplaces, are allowed within the required front, side, or
rear setbacks, including adjacent to a property line. In side
.__ yard areas, a single clear passageway of five feet wide shall
be provided.
Ordinance No. 361
Noticing Restrictions
Adopted: September 21, 2001
Page 2
2. Allowed construction of structures shall not be attached to
property line walls or fences, and shall meet all required
distance clearances (i.e., for barbeques, fireplaces).
3. Within five feet of any property line, the height of the
feature or construction shall not exceed the height of the
closest wall or fence. If no wall or fence exists, the
construction or feature shall not exceed the height of the
wall allowed along the property line in question.
4. Outdoor fireplaces shall not be closer than five feet from a
property line, except when adjacent to permanent open
space such as a golf course, common landscape or
hardscape area, drainage channel, etc., in which case it may
be within three feet of the property line. The height of the
chimney may be up to six feet unless required to be higher
to comply with building code requirements. In such cases,
the height shall not be higher than the minimum height
required.
REVISE- SECTION 9.60.070 B.2. Filtering and Heating Equipment. Use of
equipment shall comply with the following requirements:
a. Mechanical pool equipment such as a pump, filter, or heater, may
be located within the front or rear yard areas. The equipment shall
be enclosed on at least three sides by a masonry wall with an
open side not visible to the street.
b. Mechanical pool equipment may be in an area between the side
property line and the residence provided a five-foot side yard, clear
of any permanent obstructions is maintained between the side
yard property line and any mechanical pool equipment.
c. Where there is no side property line wall, mechanical pool
equipment may be in a side yard of five feet or less only if a
recorded easement in perpetuity exists for the subject property to
use the adjacent side yard of the abutting property for access and
a minimum five feet distance between the equipment and adjacent
obstruction (i.e. building wall) is provided.
Ordinance No. 361
Noticing Restrictions
Adopted: September 21, 2001
Page 3
ADD- SECTION 9.60.075 Ground Mounted Mechanical Equipment. Use of
equipment shall comply with the following requirements:
A. Ground mounted mechanical equipment such as air conditioner
condensing units, water softeners, etc. may be located within the
rear yard areas. For lots of 5,000 square feet or less, said
equipment can be in the front yard if there is a wall around the
yard, or it is screened by a masonry wall.
B. Where there is no side yard property line wall, mechanical
equipment may be in an area between the side property line and
the residence provided a five-foot side yard, clear of any
permanent obstructions is maintained between the side yard
property line and any mechanical equipment.
C. Mechanical equipment may be in a side yard of five feet or less
only if a recorded easement in perpetuity exists for the subject
property to use the adjacent side yard of the abutting property for
access and a minimum five feet distance between the equipment
and adjacent obstruction (i.e. building wall) is provided.
ADD - SECTION 9.60.1 60 Outdoor Lighting.
3. All exterior lighting shall be located and directed so as not to shine
directly on adjacent properties and shall comply with Section
9.100.1 50 (Outdoor Lighting).
REVISE- SECTION 9.60.240 E.1. - At intersections or corners of the following
public or private streets, alleys, or driveways, the height of shrubs,
planting, and other visual obstructions (such as boulders, etc.) shall be
limited to a maximum height of 30 inches within the following triangular
areas described in Subsection a. and b.:
a. At a corner, the area formed on two sides by the straight portions
of the intersection of the back of street curb or edge of pavement.
The third side of the triangle is formed by drawing a line that is
tangent to the intersection of the two closest property lines and
--- creates a triangle of approximately equal length sides with the
curbs or edge of pavement.
Ordinance No. 361
Noticing Restrictions
Adopted: September 21, 2001
Page 4
b. Between two points located on and five feet distant from the point
of intersection of an ultimate street or alley right-of-way on one
hand and the edge of a driveway or another alley right-of-way on
the other if parkway width is less than 12-feet wide.
c. For purposes of this Code, point of intersection shall mean the
intersection of the prolongation of the street curbs or edge Of
pavement, excluding any curved portion joining the two lines.
d. Trees may be planted within this triangular area provided the
bottom of the canopy (leafy branches) of the tree is at least four
feet above finish grade of the street adjacent to the tree.
However, trees shall not be planted in such numbers that their
trunks create a visibility obstruction for vehicles or pedestrians.
REVISE - SECTION 9.60.250 E. - Requirements for approval. Any approving action
shall include those conditions and requirements deemed by the decision-
making authority to be necessary or advisable to protect the public safety
and the general welfare, together with a $1000.00 cash deposit that the
structures and facilities will be removed or made consistent with
applicable zoning regulations within 90 days after the expiration of the
permit or discontinuation of the use the permit is approved for.
REVISE- SECTION 9.60.300 1.1. A two-story house shall not be constructed
adjacent to or abutting a lot line of an existing single-story home
constructed in the same subdivision.
REVISE- SECTION 9.65.030 A. 1
1. Setbacks. Setback criteria shall be determined based on the
existing site conditions and surroundings, in conjunction with the
guidelines and the proposed project characteristics.
a. Setbacks along front, side, and rear property lines are not
required; however, any setback provided must be made
wide or deep enough to be usable space, such as for
pedestrian access to side-loading commercial space,
stairwells, or through-access between front and rear of the
building(s).
b. Projects with any retail commercial components shall
maintain a minimum ten-foot landscaped setback from any
RVL, RL or RMH zoned properties.
Ordinance No. 361
Noticing Restrictions
Adopted: September 21, 2001
Page 5
c. No utility equipment shall be allowed above ground in the
right-of-way. Such equipment shall be integrated into the
footprint of the proposed building.
REVISE- SECTION 9.65.030 A.3
3. Parking. Parking area requirements for permitted uses shall be
determined by staff as set forth in Chapter 9.150 of the Zoning
Code, with the following consideration:
· .
a. All current parking regulations shall be applicable, such as
required number of stalls, space and aisle dimensions,
location of parking areas, etc. However, in the VC zoning
district, variations to any parking standards can be
approved.
REVISE SECTION 9.65.040. D.
D. Village Use Permit Requirements. All new development proposals
in the Village Commercial District shall be required to file an
application for a village use permit. A "new development
proposal" is defined as a new building construction proposed for
vacant property or associated with demolition and reconstruction
of an existing building. Village use permits shall be subject to
review by the planning commission as a public hearing.
DELETE- SECTION 9.65.040. D.2.3.
REVISE- SECTION 9.65.040.E. Any proposal in the VC zoning district without
prior Village Use Permit approval determined as not meeting the criteria
in Subsection D of this Section shall be subject to review by the
Community Development Director.
1. Administrative approval may be given by the Community
Development Director for any building additions and/or exterior
- building, architectural design and site modifications that are
determined by the Community Development Department to
implement the concepts set forth in "The Village at La Quinta
Design Guidelines" The Community Development Director may
refer the project to the Planning Commission.
Ordinance No. 361
Noticing Restrictions
Adopted: September 21, 2001
Page 6
2. Additions and exterior building and site modifications that do not
fall under Subsection 1 above, shall be approved by the Planning
Commission as a public hearing under the Village 'Use Permit
process.
DELETE SECTION 9.65.040.E.3
REVISE SECTION 9.65.040.G. Appeals, Amendments and Time Extensions.
Appeals, amendments and time extensions relating to Village Use Permits
shall be reviewed pursuant to Chapter 9.200 of this title.
DELETE - SECTION 9.100.150.G.3 - Illuminated Awnings
REVISE- Table 9-11 of Section 9.150.060
TABLE 9,11' PARKING FoR RESIDENTIAL LAND USES
Minimum Off-Street Parking AdditiOnal
ReqUirement Requirements
Single family detached,
single family attached and
duplexes.
REVISE- SECTION 9.150.080 B.7. - Space Marking. All parking spaces in a
residential or nonresidential parking lot shall be clearly marked with white
or yellow paint or other easily distinguished material with each space
marking consisting of a double four inch wide hairpin stripe, twelve
inches on-center.
ADD - SECTION 9.1 60.100 Prohibited Signs.
24. Translucent or transparent signs on internally illuminated awnings
so that they allow light to shine through the letters of the copy.
REVISE - SECTION 9.200.110 D. - Noticing Requirements. Not less than ten (1 O)
days prior to hearing. The City shall:
DELETE - SECTION 1 3.1 2.170 - Recordation of Conditions of Approval.