ORD 368 ORDINANCE NO. 368
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA ADDING SECTION 9.140.070, LOW
DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL
DISTRICT
CASE NO.: ZONING CODE AMENDMENT 2002-071-A
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 20th day of March, 2002, hold a duly noticed Public Hearing for review the
addition of Section 9.140.070 of the Municipal Code, adding the Low
Density/Agricultural-Equestrian Residential District to the Development Code; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
City Council did make the following mandatory findings recommending approval of said
Zoning Code Amendment:
1. The proposed Amendments are consistent with the General Plan, in that they
allow for uses specifically discussed in the Agricultural/Equestrian Overlay of the
General Plan.
2. The Zoning Code Amendment will not be detrimental to the public health, safety
and welfare, in that it provides standards for the future development of
agricultural, equestrian and residential uses in the City.
3. The Zoning Code Amendment is compatible with the City's Zoning Ordinance
in that it establishes residential and non-residential development standards
which are compatible with those already in effect in the Development Code.
4. The Zoning Code Amendment supports the orderly development of the City.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
La Quinta, California that it does ordain as follows:
SECTION 1. PURPOSE. To add Section 9.140.070 of the Municipal
Code as provided in Exhibit A, attached to this Ordinance.
SECTION 2. ENVIRONMENTAL. This Zoning Code Amendment has
complied with the requirements of the CEQA (California Environmental Quality Act of
1970 as amended) and adopted by City Council Resolution 83-68, in that the City
Council certified Environmental Impact Report SCH#2000091023, which addressed
agricultural and equestrian land uses and standards.
Ordinance No. 368
Adding Section 9.140.070
Adopted: March 20, 2002
Page 2
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 at a regular meeting of the City
Council held on this 2nd day of April, 2002, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
JOHN ~Jl PE~A, ~a~,or
City of~Ea Quinta, C~lifornia
ATTEST:
JU , CMC, City Clerk
City of La Quinta, California
(City Seal)
Ordinance No. 368
Adding Section 9.140.070
Adopted: March 20, 2002
Page 3 '
APPROVED AS TO FORM:
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. 368 which was
introduced at a special meeting held on the 20th day of March, 2002, and was adopted
at a regular meeting held on the 2nd day of April, 2002, 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.
J~. GREEK, CMC;-C~i~y Clerk
City of La Quinta, California
Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted: March 20, 2002
SECTION 9.140.070
LOW DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL DISTRICT
TABLE
PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT
LAND USE
Residential Uses
Sinole Familv detached dwellinos P
Farmworker Housina C
Mobile Home Parks C
Mobile Home Subdivisions and manufactured homes on individual lots P
Child day care facilities as an accessory use, serving 8 or fewer children, subject to A
Section 9.60.1 90
Child day care facilities as an accessory use, serving 9-14 children, subject to M
Section 9.60.190
Caretaker's residence P
Ooen Soace and Recreational Uses
Public marks, mlavfields and omen smace P
-
Bicvcle. eouestrian and hikino trails P
Tennis Court or other game court as an accessory use associated with a private P
residence
Tennis Court or other oame court for public use M
Golf course and countrv club. with or without drivino ranoe P
Driving Range with or without lights C
Accessory Uses and Structures
Home occumations, subiect to Section 9.60.110 H
Patio covers, decks and oazebos, subiect to 9,60,040 A
Fences and walls, subiect to Section 9.60.0,:30 A
Satellite dishes and other antennas subject to Section 9.60.080 A
Swimming pools, spas and cabanas, subject to Section 9.60.070 A
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Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted' March 20, 2002
Guest houses, subiect to Section 9.60.010 M
Second units, "granny flats" and employee quarters, subject to Section 9.60.090 M
Garages and carports, subject to Section 9.60.060 A
Keening of animals, subiect to Section 9.60.120 A
Eouestrian and Aoricultural Uses
Stables. Private p
Stables. Commercial or riding academy C
Polo grounds, including stables, clubhouse C
Veterinarv offices and hospitals C
The grazing and breeding of cattle, horses, llamas, or other farm stock or animals, P
not including hogs, not to exceed five animals per acre of all the land available
The grazing and breeding of sheep or goats, not to exceed 15 animals per acre of P
all land available
Farms for rabbits, fish. frogs, chinchilla or other small animals p
Nurseries. greenhouses, orchards, aviaries, apiaries p
Tree crop farming p
Field Crop or Turf Farming p
Winerv and incidental uses with established vineyard p
Produce stands, subject to Section 9.100.100 p
The drying, packing, canning, freezing and processing of produce resulting from P
permitted uses when such activity is conducted within permanent buildings and
structures
Non-commercial raising of hogs, not to exceed two per acre P
Communitv Auctions and Sales Yards (2 acre minimum) C
Feed Stores C
Kennels and Catteries. 5 to 10 animal~ M
Kennels and Catteries, 10 to 25 animals on 1 acre minimum C
Menaoeries
- C
Commercial comDosting facilities C
Other Uses ~
Guest Ranches and Bed and Breakfasts C
·
Restaurants C
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Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted: March 20, 2002
Fraternal lOdge halls C
Churches. temoles and other olaces of worshiD C
Schools C
Libraries C
Public Utilitv facilities p
Communication towers and equipment subject to Section 9.1 70 C
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Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted: March 20, 2002
A. Residential Development Standards
TAal-E 501
RESIDENTIAl. DEVEI. OPMENT STANDARDS
DISTRICT
DEVELOPMENT STANDARD E/A R
Min. Lot Size for Single Family Dwelling (sq. 10,000
ft.)
Min. Project Size for Multifamily Projects (sq. 20,000
ft.)
Min. Lot Frontage for Single Family Dwelling
or Multifamily Projects (ft.) 100
Max. Structure Height (ft.) 28
Max. No. of Stories 2
Min. Front Yard Setback (ft.) 30
Min. Garage Setback (ft.) 30
Min. Side Yard Setback (ft.) 20
Min. Rear Yard Setback (ft.) 30
Max. Lot Coverage (% of net lot area) 40
Min. Livable Area Excluding Garage (sq. ft.) 1,400
Min. Perimeter Landscape Setbacks (ft.) 20
Max. No. of Horses for Private Use (per 5
acre)
Parking shall be provided as required by Chapter 9.150.
B, Development Standards, All Non-Residential Uses
1. All buildings shall be limited to two stories in height and a maximum of 35 feet,
measured from the finished grade of the pad.
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Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted: March 20, 2002
2. Setbacks: The following minimum setbacks shall apply from the property line:
Pasture: 0 feet
Accessory buildings: 20 feet
Accessory structures: 20 feet
Manure storage: 25 feet
3. Fencing: Properties containing one or more uses may be fenced to a maximum
of 6 feet. Permitted fencing materials include chain link, cement block, wood,
wrought iron or tubular steel. Razor wire or concertina wire is permitted for
those uses listed under "Equestrian and Agriculture Uses" in Table .
4. Parking: Parking shall be provided as required by Chapter 9.150.
5. Li_ahtinq: All lighting shall comply with Sections 9.60.160 and 9.100.150.
6. Loudspeakers: Loudspeaker systems or other amplified sound are limited to
operation or use between 8 a.m. And 10 p.m. Unless otherwise specified by an
approved conditional use permit.
C, Definitions
"Accessory building" means any building subordinate to a permitted or conditionally
permitted use, including but not limited to hay and tack barns, storage sheds and other
structures and uses customarily appurtenant to the primary permitted use.
"Accessory structure" means any structure subordinate to a permitted or conditionally
permitted use, including but not limited to exercise rings, arenas, corrals, and other
structures associated with the permitted or conditionally permitted use. Fences are not
considered structures for the purposes of this Section.
"Agricultural Activity, Operation, or Facility, or Appurtenances thereof." The phrase
"agricultural activity, operation, or facility, or appurtenances thereof" shall include all
uses allowed under the Agricultural Overlay District, including, but be limited to, the
cultivation and tillage of the soil, dairying, the production, cultivation, growing, and
harvesting of any agricultural commodity, including timber viticulture, apiculture, or
horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any
practices performed by a farmer or on a farm as incident to or in conjunction with such
farming operations, including preparation for market, delivery to storage or to market,
or to carriers for transportation to market.
"Land Zoned For Primarily Agricultural Purposes." The phrase "land zoned for primarily
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Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted: March 20, 2002
agricultural purposes" means any land lying within the Agricultural Overlay District.
"Arena" -- see Corral.
"Caretaker Residence" means a residential unit not exceeding 1,000 square feet,
which is not the principal use on the property, to be occupied by a caretaker or
watchman who is responsible for the security of the principal use of the property.
"Cattery" means any building, structure, enclosure or premises within which five or
more cats are kept or maintained primarily for financial profit for the purpose of
boarding, breeding, training, marketing, hire or any other similar purpose.
"Commercial stable" means any facility specifically designed or used for the stabling
of more than 5 horses not owned by the residents of the property on which the stable
is located, and for which the residents or land owner receives compensation. Services
provided by a commercial stable including boarding, breeding, training, riding or other
recreational use of the horse.
"Community auction and sales yard" means a facility which periodically holds auctions
of farm equipment, fixtures and other related materials in an enclosed building.
"Corral" means an enclosure designed for use as an open holding area for horses for
the purpose of confinement within that area for an indeterminate period of time.
"Farm" means a parcel of land devoted to agricultural uses where the principal use is
the propagation, care and maintenance of viable plant and animal products for
commercial purposes.
"Farmworker housing" means any building or group of buildings where six or more
farm employees are housed.
"Kennel" means any building, structure, enclosure or premises within which five or
more dogs are kept or maintained primarily for financial profit for the purpose of
boarding, breeding, training, marketing, hire or any other similar purpose.
"Menagerie" means a lot on which more than one wil'd, non-domestic reptile (not
including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed
or trained wild animal shall not be considered a domestic animal.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation,
specifically used for purposes of grazing or feeding of animals.
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Ordinance No. 368 EXHIBIT "A''
Adding Section 9.140.070
Adopted: March 20, 2002
"Guest Ranch" means any property of five acres or more operated as a ranch which
offers guest rooms for rent and which has outdoor recreational facilities such as
horseback riding, swimming or hiking.
"Riding Academy" means a facility designed and used primarily for recreational riding,
training and instruction, and allowing both on-site boarding or trailering of horses to
the facility.
"Stable" means a building or structure containing multiple stalls for the purposes of
sheltering, feeding, boarding, accommodating or otherwise caring for horses.
"Stall" means a division of a'stable accommodating one horse into an adequately sized
enclosure for the purposes of confining individual horses within a sheltered
environment as may be necessary for security, safety or other reasons pertinent to the
health, welfare and daily care of each animal.
D. "Right to Farm" Intent and Policies
Intent
It is the intent of the City of La Quinta to conserve, protect and encourage the
development, improvement, and continued viability of its agricultural land and
industries for the long-term production of food and other agricultural products, and for
the economic well-being of the City's residents. It is also the intent of the City to
balance the rights of farmers to produce food and other agricultural products with the
rights of non-farmers who own, occupy, or use land within or adjacent to agricultural
areas. It is the intent of this ordinance to reduce the loss to the area of its agricultural
resources by limiting the circumstances under which agricultural operations may be
deemed to constitute a nuisance. Nothing in this ordinance shall be construed to limit
the right of any owner of real property to request that the City consider a change in
the zoning classification of his property in accordance with the procedures set forth
in the La Quinta Development Code.
Policies
1. No agricultural activity, operation, or facility, or appurtenances thereof, in a
manner consistent with proper and accepted customs and standards, as
established and followed by similar agricultural operations in the same locality,
shall be or become a nuisance, private or public, due to any changed condition
in or about the locality, after the same has been in operation for more than three
(3) years if it was not a nuisance at the time it began.
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Ordinance No. 368 EXHIBIT "A"
Adding Section 9.140.070
Adopted: March 20, 2002
2. This section shall not invalidate any provision contained in the Health and Safety
Code, Fish and Game Code, Food and Agricultural Code, or Division 7
(commencing with Section 13000) of the Water Code of the State of California,
if the agricultural activity, operation, or facility, or appurtenances thereof,
constitutes a nuisance, public or private, as specifically defined or described in
any such provision.
3. This section is not to be construed so as to modify abridge the state law set out
in the California Civil Code relative to nuisances, but rather it is only to be
utilized in the interpretation and enforcement of the provisions of county
ordinances and regulations.
E. Notice to Buyers of Land
1. The Director of Community Development shall cause the following notice to be
included on all tentative land division proposed that lies partly or wholly within,
or within 300 feet of any land zoned for primarily agricultural purposes:
Lot(s) No. , as shown on this map, is (are) located partly or wholly
within, or within 300 feet of land zoned for primarily agricultural
purposes by the County of Riverside and the City of La Quinta. It is the
declared policy of the City of La Quinta that no agricultural activity,
operation, or facility, or appurtenances thereof, conducted or maintained
for commercial purposes in the City, and in a manner consistent with
proper and accepted customs and standards, as established and followed
by similar agricultural operations in the same locality, shall be or become
a nuisance, private or public, due to any changed condition in or about
the locality, after the same has been in operation for more than three (3)
years, if it was not a nuisance at the time it began. The term "agriculture
activity, operation, or facility, or appurtenances thereof" includes all uses
permitted in the Agricultural Overlay District, and includes but is not
limited to, equestrian activities, the cultivation and tillage of the soil,
dairying, the production, cultivation, growing, and harvesting of any
agricultural commodity, including timber, viticulture, apiculture, or
horticulture, the raising of livestock, for bearing animals, fish, or poultry,
and any practices performed by a farmer or on a farm as incident to or in
conjunction with such farming operations, including preparation for
market, delivery to storage or to market, or to carriers for transportation
to market.
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Ordinance No. 368 EXHIBIT "A"
--
Adding Section 9.140.070
Adopted: March 20, 2002
2. The City Engineer shall cause the notice described in subsection (1) to be
included on any final land division proposed for recordation that lies partly or
wholly within, or within 300 feet of, any land zoned for primarily agricultural
purposes.
F. Preservation of Agricultural Land Uses in Perpetuity
Any land owner wishing to continue a land use listed in Table , Permitted Uses in
the Agricultural/Equestrian Residential District, may, at any time, exercise his or her
rights under Chapter 9.1 90: Transfer of Development Rights.
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