ORD 562ORDINANCE NO. 562
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING CHAPTERS OF TITLES 8,
9, AND 13 OF THE LA QUINTA MUNICIPAL CODE RELATED
TO STREAMLINE DEVELOPMENT PROCESS AND
STANDARDS
WHEREAS, the City Council of the City of La Quinta, California did, on the 7th day
of November 2017, hold a duly noticed public hearing for review of a City -initiated
request of Zoning Ordinance Amendment 2017-0004 to amend chapters of titles 8, 9,
and 13 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City
of La Quinta did, on October 10, 2017, adopt Planning Commission Resolution 2017-
016 to recommend to the City Council adoption of said code amendments; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on October 27, 2017, as prescribed
by the Municipal Code; and
WHEREAS, Titles 8, 9, and 13 of the Municipal Code contains the chapters that
address permitted uses, development standards, development review and permitting
procedures; and
WHEREAS, the proposed zoning text amendments are necessary to streamline
the development process and standards, 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. 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 Policy LU -1.2 for
land use decisions to be consistent with General Plan policies and programs
and uphold the rights and needs of property owners and the public; Program
LU -3.1.a, to review land use designations for changes in the community and
Ordinance No. 562
Amendment to Title 9 Zoning
Adopted: November 21, 2017
Page 2 of 3
marketplace; and Policy LU -6.1, to encourage integration of support services at
employment centers, including child care, occupational health, fitness facilities
and convenience retail shops.
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 clarifies language in the
municipal code 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. TITLES 8, 9, AND 13 shall be amended as written in "Exhibit A" attached
hereto.
SECTION 2. 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 Plan 2035 EIR (Environmental Assessment
2012-622) as the proposed amendments implement the goals, policies, and programs
of the General Plan.
SECTION 3. That the City Council does hereby approve Zoning Ordinance
Amendment 2017-0004, as set forth in attached "Exhibit A" for the reasons set forth
in this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 5. 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 6. 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.
Ordinance No. 562
Amendment to Title 9 Zoning
Adopted: November 21, 2017
Page 3 of 3
SECTION 7. 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 21st day of November 2017 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAYSELS, City Cie
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
EXHIBIT A
Title 8 Code Amendments 2017
8.03.020 Underground wiring required.
Article 120 of the 2016 California Electrical Code is added to read as follows:
ARTICLE 120
Underground Wiring Required
120.1 Scope. This article covers the general requirements for restricting the installation of
above -ground electrical and other utility components in new construction, and phasing out
their use in existing installations.
120.2 Definitions. See Article 100. For the purposes of this article, the following additional
definitions apply.
Community Antenna Television System (or CATV). A system of antennas, coaxial cables, wires,
wave guides, or other conductors, equipment, or facilities designed, constructed, or used for
the purpose of providing television or FM radio service by cable or through its facilities.
Cost of Replacing. Those costs as computed by the Building Official or his or her designee. In
making said computation, said City Official shall use those tables and figures provided in that
publication entitled "Building Standards," as published by International Code Council, Whittier,
California, and which is current at the time of such computations. Said tables and figures shall
apply to a building which would conform to all City and State Regulations, including the City's
Building, Plumbing, Wiring, Mechanical, Fire Codes and Zoning Regulations, which are effective
at the time of the computation.
Poles, Wires, and Associated Structures. Poles, towers, supports, wires, crossarms, braces,
transformers, insulators, cutouts, switches, communication circuits, appliances, attachments,
and appurtenances used in whole or in part for supplying, distributing or transmitting electric
energy, radio signals, television signals, telegraphic signals, CATV services, or any similar
associated services to a building or structure and the occupants thereof, if any. Also referred
to collectively in this article as "utility facilities."
Utility. All persons or entities supplying, transmitting, or distributing electrical energy and
service, radio signals, television signals, telegraphic signals, and providing telephone,
electrical, light, radio, television, telegraphic, and CATV services or any similar associated
services by means of poles, wires, and associated structures.
120.3 Prohibition. Except as provided in Article 120.4, no person shall construct, install, or
place above the surface of the ground any poles, wires, and associated structures, regardless
of the use or proposed use of the structure or building to be served thereby.
120.4 Exceptions. The provisions of this article shall not apply to the following poles, wires,
and associated structures under the circumstances described herein:
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(A) Termination Point for Overhead Utility Facilities. Utility facilities constructed, placed, or
installed (referred to herein collectively as "constructed"), or proposed to be constructed
within six feet of the lot line of any real property for which service is being or intended to be
provided by said utility facilities, if the sole purpose of the construction of utility facilities is to
terminate overhead utility facilities. Such utility facilities may be placed at a distance further
than six feet from said lot line to enable a maximum underground run of two hundred feet.
(B) Ground -mounted Equipment. Ground -mounted transformers, pedestal -mounted terminal
boxes, meter cabinets, concealed ducts, and other appurtenances and associated equipment,
which are part of and necessary for the operation of an underground electrical,
communication, CATV, radio, or telegraphic system.
(C) Temporary Facilities. Utility facilities installed by a utility for temporary purposes, including,
but not limited to, servicing building construction projects for which valid building permits
have been issued by the City, and which uses are being or proposed to be conducted in
compliance with all requirements of this code, the remainder of the California Building
Standards Code, and the La Quinta Municipal Code.
(D) High Voltage Installations. Utility facilities distributing, supplying, and transmitting
electrical energy at 34,000 Volts or greater.
120.5 Initial Obligation. The owner, lessee, tenant, or occupant of a building or structure or the
owner of property proposed to be developed by a building or structure has the initial
obligation to comply with all the requirements of this article, and in performance of said
obligation shall make the necessary arrangements with the appropriate utility for the
installation and construction of utility facilities so that they will be in compliance with the
provisions of this article. This section is not intended to eliminate or limit the obligation of any
person, including a utility, to comply at all times with all provisions of this article, but
expresses the intent of the La Quinta city council as to who has the primary obligation of
compliance.
120.6 Waiver. If any person believes that the application of any provision of this article is
impractical and will cause practical difficulties and unnecessary hardship to him or her or the
public in general due to certain topographical conditions, street configurations, underground
obstacle, soil, water, other natural conditions, or other practical difficulties not listed which
would make the underground installation of utility facilities unreasonable, said person may
apply in writing to the Design and Development Department for a waiver of such provision of
this article. Said application shall be filed with the Design and Development Department and
the city council shall consider said application no later than thirty (30) days thereafter, at
which time it shall hear the Applicant's evidence in support of the application, the comments
and recommendations of the City's employees and officials thereon. It may hear other parties.
The city council may grant a waiver from all or any provisions of this article after considering a
specific application therefor and after making a finding that the application of the specific
provision in question would be unreasonable, impractical and cause undue hardship to the
Applicant or the general public. If the city council does grant a waiver, it may impose
reasonable conditions on said grant in the interest of protecting and preserving the public
health, safety and general welfare. The city council shall make its decision on the application
no later than thirty (30) days after it has concluded its consideration thereof. The decision of
the city council shall be final.
120.7 Nonconformance: Continuance and Termination.
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(A) Nonconformance. Any legally established utility facility not in conformity with the
provision of this article as of the effective date of this ordinance shall be considered
nonconforming.
(B) Nonconforming Utility Facilities Not Relocated. Any nonconforming utility facility may
continue to be used and may be renewed, altered, enlarged, or have additions thereto in its
existing location without any provisions of this article being applicable thereto. However,
when any building or structure to which any nonconforming utility facility provides any service
is enlarged or an addition is made thereto where the cost of replacing said building or
structure including its addition or enlargement exceeds by 50 percent the cost of replacing
said building or structure prior to its enlargement or the addition thereto, all utility facilities
that provide service to such building or structure, as described in the aforesaid clause, shall be
caused to comply with all provisions of this article.
(C) Nonconforming Utility Facilities Relocated. Whenever an existing service is relocated on
nonconforming property, or a new service is established on nonconforming property, any such
relocated or new service shall be caused to comply with all the provisions of this article.
(Ord. 551 § 4, 2016; Ord. 517 § 4, 2013; Ord. 483 § 2, 2010)
8.13.030 Provisions for new or rehabilitated landscapes.
A. Applicability.
1. Except as provided in subsection (A)(3) of this section, this section shall apply
to:
a. All new construction and rehabilitated landscaping for private, public,
commercial and governmental development projects; and
b. All new construction and rehabilitated landscaping in single-family
tracts and multifamily projects.
2. Projects subject to this section shall conform to the provisions in this section.
3. The following items shall not require final landscape plan approval:
a. Single-family residential landscaping projects on individual lots/parcels.
Review of single-family residential landscaping shall occur with building
permit review.;
b. Homeowner -provided landscaping within individually -maintained patio
areas, courtyards, or private gardens at a condominium, townhome, or
similar multifamily project;
c. Turf-reduction/replacement landscaping projects, with no new or
expansion of existing landscaped area(s) involved;
d. Registered local, state, or federal historic sites;
e. Ecological restoration projects that do not require a permanent
irrigation system;
f. Mined -land reclamation projects that do not require a permanent
irrigation system;
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g.
Plant collections, as part of botanical gardens and arboretums open to
the public.
B. Final Landscaping Plan Application Submittal Requirements.
1. Each final landscaping plan submittal shall include the following elements:
Completed City application form;
Water conservation concept statement;
Calculation of the maximum applied water allowance;
Calculation of the estimated applied water use;
Calculation of the estimated total water use;
Landscape design plan;
Irrigation design plan;
Grading design plan; and
Soil analysis.
2. The final landscaping plan application shall be submitted to the city in
accordance with the requirements and information as stipulated on the city
application form. No city approval shall be issued until the city and the local
water purveyor have reviewed and accepted the landscape plan submittal. If
applicable, the final landscape plan submittal shall substantially conform to the
project's preliminary landscape plan as approved for the project.
3. A copy of the approved final landscaping plan submittal shall be provided to the
property owner or site manager along with the record drawings and any other
information normally forwarded to the property owner or site manager.
C. Elements of Final Landscaping Plan Submittal.
1. Water Conservation Statement and Landscape Worksheet.
a. Water Conservation Concept Statement. Each landscape plan submittal
shall include a cover sheet, referred to as the water conservation
statement, an example of which can be obtained from either the
planning division or the Coachella Valley Water District. It serves as a
checklist to verify that the elements of the landscape plan submittal
have been completed and has a narrative summary of the project.
b. Water Efficient Landscape Worksheet. Each landscape plan submittal
shall include a water efficient landscape worksheet, an example of
which may be obtained from either the planning division or the
Coachella Valley Water District. The water efficient landscape worksheet
serves as a checklist to verify that the elements of the landscape plan
submittal have been completed and has a narrative summary of the
project.
i. The water efficient landscape worksheet shall contain a
hydrozone information table and a water budget calculation for
the final landscaping plans. For the calculation of the maximum
applied water allowance and the estimated total water use, the
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project applicant shall refer to the most current localized ETo
value from the Coachella Valley Water District's Reference
Evapotranspiration Table, a copy of which may be obtained from
either the planning department or the Coachella Valley Water
District.
ii. Water budget calculations shall adhere to the following
requirements:
(A) The plant factor used shall be from the "Water Use
Classifications of Landscape Species III" (WUCOLS III),
prepared by the University of California Cooperative
Extension and California Department of Water Resources.
The plant factors range from 0 to 0.3 for the low use
plants, from 0.4 to 0.6 for the moderate use plants, from
0.7 to 1.0 for the high use plants and 1.1 to 1.2 for water
features.
(B) All water features shall be included in the 1.1 to 1.2
hydrozone and temporary irrigated areas shall be
included in the low water use hydrozone.
2. The Annual Maximum Applied Water Allowance.
a. A project's annual maximum applied water allowance shall be
calculated using the following formula:
MAWA = [(ETo) (0.45) (LA) (0.62)1/(748) where:
MAWA = Maximum applied water allowance (gallons per year)
ETo = Reference evapotranspiration (i.e., seventy-five inches per year)
0.5 = ET adjustment factor
LA = Landscaped area (square feet)
0.62 = Conversion factor (to gallons per square foot)
748 = Conversion factor (to hundred cubic feet)
b. An example calculation of the annual maximum applied water
allowance is:
Project site: Landscape area of fifty thousand square feet in Zone No. 3a
of the Coachella Valley ETo Map.
MAWA = [(ETo) (0.5) (LA) (0.62)1/(748)
= [(75.0 inches) (0.45) (50,000 square feet) (0.62)1/(748)
Maximum = 1,162,500 gallons per year, 1,554 hundred cubic feet per year (billing
applied units), 3.56 acre feet/acre per year or 42.7 inches of water per year.
water
allowance
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3. Estimated Annual Applied Water Use.
a.
b.
c.
d.
EWU (hydrozones)
(in 100 cubic feet)
EWU (hydrozone)
ETo
PF
LA
(0.62)
(IE)
748
The annual estimated applied water use shall not exceed the annual
maximum applied water allowance.
A calculation of the estimated annual applied water use shall be
submitted with the landscape documentation package.
For the calculation of the maximum applied water allowance and
estimated total water use, the project applicant shall refer to the
localized ETo value on the current Coachella Valley ETo Map, prepared
by the Coachella Valley Water District.
The estimated annual total water use for each hydrozone is calculated
from the following formula:
= (ETo) (PF) (HA). (0.62)/748
(IE)
= Estimated water use (hundred cubic feet)
= Reference evapotranspiration
(i.e., ETo Zone 3a = seventy-five inches per year)
= Plant factor (see definitions)
= Landscape area (in square feet)
= Conversion factor (to gallons per square foot)
= Irrigation efficiency (see definitions)
= Conversion factor (to hundred cubic feet)
4. Estimated Annual Total Water Use. A calculation of the estimated annual total
hydrozone water use shall be submitted with the final landscaping plan
submittal. The estimated annual total water use for the entire landscaped area
equals the sum of the estimated annual water use (EWU) of all hydrozones in
that landscaped area.
5. Landscape Design Plan. A landscape design plan meeting the following
requirements shall be submitted as part of the final landscaping plan submittal.
a. Plant Selection and Grouping.
i. Any plants may be used in the landscape, providing the
estimated annual applied water use recommended does not
exceed the maximum annual applied water allowance and that
the plants meet the specifications set forth in this section.
ii. Plants having similar water use shall be grouped together in
distinct hydrozones.
iii. Plants shall be selected appropriately based upon their
adaptability to the climate, geologic, and topographical
conditions of the site. Protection and preservation of native
species and natural areas is encouraged. The planting of trees is
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encouraged whenever it is consistent with the other provisions of
this chapter.
iv. A landscape design plan for projects in fire-prone areas shall
address fire safety and prevention. A defensible space or zone
around a building or structure is required per Public Resources
Code Section 4291(a) and (b). Avoid fire-prone plant materials
and highly flammable mulches.
v. The use of invasive and/or noxious plant species is strongly
discouraged. Applicants should consult the Invasive Plant
Inventory prepared by the California Invasive Plant Council prior
to the selection of any plant species for landscaping.
vi. Applicants shall consult the most current list of prohibited and
restricted plant species prepared by the Riverside County
agricultural commissioner prior to the selection of any plant
species for landscaping. Restricted plant species shall be
approved or cleared by the agricultural commissioner and
obtained from an authorized local supplier.
vii. The architectural guidelines of a common interest development,
which include community apartment projects, condominiums,
property owners associations, planned developments, and stock
cooperatives, shall not prohibit or include conditions that have
the effect of prohibiting the use of low-water use plants as a
group.
viii. Annual color plantings shall be used only in areas of high visual
impact and must be irrigated with drip, microirrigation or other
systems with efficiencies of ninety percent or greater. Otherwise,
drip irrigated, perennial plantings should be the primary source
of color.
b. Water Features.
Recirculating water shall be used for decorative water features.
ii. Water features shall be appropriately sized and designed for
functional and recreational purposes in conjunction with
recreational amenities, placed at a location visible from adjacent
residential or commercial uses, and serve a functional purpose
such as stormwater retention, interactive play, irrigation storage,
and/or wildlife habitat.
All water features shall be replenished by a nonpotable water
supply unless otherwise conditioned or approved by the planning
commission. Where available, recycled water shall be used as a
source for decorative water features.
iv. Surface area of a water feature shall be included in the high
water use hydrozone area of the water budget calculation.
c. Landscape Design Plan Specifications. The final landscaping plans shall
be designed in accord with the requirements of the local water purveyor.
The landscape design plan shall be drawn on thirty-six inch by twenty-
four inch project base sheets at a scale that accurately and clearly
identifies:
i. Designation of hydrozones, including the total estimated annual
applied water use for each major plant group hydrozone and
water feature hydrozone (if water features have been approved);
ii. Landscape materials, trees, shrubs, groundcover, turf and other
vegetation. Planting symbols shall be clearly drawn and plants
labeled by botanical name, common name, water use
classification, container size, spacing and quantities of each
group of plants indicated;
iii. Property lines, tract name, tract number or parcel number, and
street names;
iv. Streets, driveways, walkways and other paved areas;
v. Pools, ponds, water features, fences and retaining walls;
vi. Existing and proposed buildings and structures including
elevation, if applicable;
vii. Location of all overhead and underground utilities;
viii. Natural features including but not limited to rock outcroppings,
existing trees and shrubs that will remain;
ix. Tree staking, plant installation, soil preparation details, and any
other applicable planting and installation details;
x. A calculation of the total landscaped area; and
xi. Designation of recreational turf areas.
d. Design and Placement of Turf.
i. Turf shall be placed within functional and accessible recreational
areas. Turf placement is discouraged at locations adjacent to
perimeter streets and sidewalks and those locations having
limited visibility and/or pedestrian activity.
ii. All typical landscaping plans for prototypical residential units
(tract homes) shall include a no-turf option.
iii. Long, narrow or irregularly shaped turf areas shall not be
designed because of the difficulty in irrigating uniformly without
overspray onto hardscaped areas, streets, and sidewalks.
Landscape areas less than ten feet in width shall not be designed
with turf. Turf will be allowed in these areas only if irrigation
design reflects the use of subsurface irrigation or a surface
flow/wick irrigation system.
iv. Turf areas irrigated with spray/rotor systems must be set back at
least twenty-four inches from curbs, driveways, sidewalks or any
other area that may result in runoff of water onto hardscape. An
undulating landscape buffer area created by the setback shall be
designed with rocks, cobble or decomposed granite and/or can
be landscaped with drip irrigated shrubs/accents or covered with
a suitable groundcover.
v. Turf is prohibited on slopes greater than twenty-five percent
where the toe of the slope is adjacent to an impermeable
hardscape and where twenty-five percent means one foot of
vertical elevation change for every four feet of horizontal length
(rise divided by run x 100 = slope percent).
vi. Turf grass coverage shall be limited to no more than fifty percent
of any project's total landscaped area.
vii. Turf grass is prohibited in perimeter landscape areas of new
residential and nonresidential developments.
e. Design and Placement of Groundcover and Mulch.
i. The use of a soil covering mulch or a mineral groundcover of a
minimum three-inch depth to reduce soil surface evaporation is
required around trees, shrubs, and on nonirrigated areas. The use
of boulders and creek stones shall be considered to reduce the
total vegetation area. These areas should have enough shade to
avoid reflected or retained heat.
ii. Stabilizing mulching products shall be used on slopes.
iii. Soil amendments shall be incorporated according to
recommendations of the soil report and what is appropriate for
the plants selected.
f. Stormwater Best Management Practices.
i. The landscaping plans shall identify the location and installation
details of any applicable stormwater best management practices
that encourage on-site retention and infiltration of stormwater.
Stormwater best management practices are strongly
encouraged in the landscape design plan and examples include,
but are not limited to:
(A) Infiltration beds, swales, and basins, that allow water to
collect and soak into the ground;
(B) Constructed wetlands and retention ponds that retain
water, handle excess flow, and filter pollutants;
(C) Pervious or porous surfaces (e.g., permeable pavers or
blocks, pervious or porous concrete, etc.) that minimize
runoff; and
(D) Any applicable rain harvesting or catchment technologies
used (e.g., rain gardens, cisterns, etc.).
ii. All stormwater best management practices identified on the
final landscaping plans shall be prepared by the landscape
architect in conjunction with the engineer of record preparing
the water quality management plan, grading plans, and other
related engineering plans.
6. Irrigation Design Plan.
a. For the efficient use of water, an irrigation system shall meet all the
requirements listed in this section and the manufacturer's
recommendations. The irrigation system and its related components
shall be planned and designed to allow for proper installation,
management, and maintenance. An irrigation design plan meeting the
following criteria shall be submitted as part of the final landscaping plan
submittal.
b. Separate landscape water meters shall be installed for all projects
except single-family homes with a landscape area less than five
thousand square feet. Landscape meters for single family homes with a
landscape area over five thousand square feet may be served by a
permanent service connection provided by the Coachella Valley Water
District or by a privately owned submeter installed at the irrigation point
of connection on the customer service line. When irrigation water is
from a well, the well shall be metered. The irrigation design plan shall be
drawn on project base sheets. It should be on separate pages from, but
use the same format as, the landscape design plans. The irrigation
system specifications shall accurately and clearly identify the following:
i. Specifications for Irrigation Design.
(A) Control valves, manufacturer's model number, size and
location;
(B) Irrigation head manufacturer's model number, radius,
operating pressure, gallons per minute/gallons per hour
(gpm/gph) and location;
(C) Piping type, size and location;
(D) Power supply/electrical access and location;
(E) Plan scale and north arrow on all sheets;
(F) Irrigation installation details and notes/specifications;
(G) Graphic scaling on all irrigation design sheets;
(H) The irrigation system shall be automatic, constructed to
discourage vandalism, and simple to maintain. Irrigation
equipment shall be screened from view when installed
adjacent to pedestrian areas and public rights-of-way;
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(I) All equipment shall be of proven design with local service
available;
(J) Control valves shall be rated at two hundred psi;
(K) Visible sprinklers near hardscape shall be of pop up
design;
(L) All heads should have a minimum number of wearing
pieces with an extended life cycle;
(M) Sprinklers, drippers, valves, etc., must be operated within
manufacturer's specifications;
(N) Manual shut-off valves (such as a gate valve, ball valve, or
butterfly valve) shall be required, as close as possible to
the point of connection of the water supply, to minimize
water loss in case of an emergency (such as a mainline
break) or routine repair;
(0) High flow sensors that detect and report high flow
conditions created by system damage or malfunction
where a dedicated landscape irrigation meter is required;
(P) The following statement "I have complied with the
criteria of the ordinance and have applied them
accordingly for the efficient use of water in the irrigation
design plan" shall be identified on the irrigation plans and
include the landscape architect's signature.
ii. Specifications for Irrigation Efficiency. The minimum irrigation
efficiency shall be seventy-one percent. Greater irrigation
efficiencies are expected from well-designed and maintained
systems. The following are required:
(A) Design spray head and rotor head stations with
consideration for worst wind conditions. Close spacing
and low -angle nozzles are required in high and frequent
wind areas (Coachella Valley Water District ETo Zone No.
5)
(B) Spacing of sprinkler heads shall not exceed
manufacturer's maximum recommendations for proper
coverage. The plan design shall show a minimum of
seventy-five percent distribution uniformity.
(C) Only irrigation heads with matched precipitation rates
shall be circuited on the same valve.
(D) Valve circuiting shall be designed to be consistent with
hydrozones.
(E) Individual hydrozones that mix plants that are moderate
and low water use may be allowed if the plant factor
calculation is based on the proportions of the respective
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plant water uses and their plant factor, or if the plant
factor of the higher water using plant is used for the
calculations.
(F) Individual hydrozones that mix high and low water use
plants shall not be permitted.
(G) On the landscape design plan and irrigation design plan,
hydrozone areas shall be designated by number, letter, or
other designation. On the irrigation design plan,
designate the areas irrigated by each valve, and assign a
number to each valve. Use this valve number in the
hydrozone information table. This table can assist with
pre-inspection and final inspection of the irrigation
system, and programming the controller.
iii. Irrigation System Design.
(A) Point of connection or source of water and static water
pressure;
(B) Meter location and size (where applicable);
(C) Pump station location and pumping capacity (where
applicable);
(D) Reduced pressure backflow prevention devices shall be
installed behind meter at curb by the district;
(E) Show location, station number, size and design gpm of
each valve on plan;
(F) Smart controller details shall be specified for all projects.
This includes climate based or sensor based controllers,
which can automatically adjust for local weather and/or
site conditions;
(G) High flow check valves shall be installed in or under all
heads adjacent to street curbing, parking lots and where
damage could occur to property due to flooding, unless
controllers with flow sensor capabilities are specified that
can automatically shut off individual control valves when
excess flow is detected;
(H) Pressure compensating screens/devices shall be specified
on all spray heads to reduce radius as needed to prevent
overthrow onto hardscape and/or to control high pressure
misting;
(I) All irrigation systems shall be designed to avoid runoff
onto hardscape from low head drainage, overspray and
other similar conditions where water flows onto adjacent
property, nonirrigated areas, walks, roadways or
structures;
(J) Rotor type heads shall be set back a minimum of four feet
from hardscape;
(K) The use of drip, microirrigation or pressure compensating
bubblers or other systems with efficiencies of ninety
percent or greater is required for all shrubs and trees.
Small, narrow (less than eight feet), irregularly shaped or
sloping areas shall be irrigated with drip, microspray or PC
(pressure compensating) bubbler heads;
(L) Trees in turf areas shall be on a separate station to
provide proper deep watering.
iv. Street Median Irrigation System Design.
(A) No overhead sprinkler irrigation system shall be installed
in median strips or in islands.
(8) Median islands or strips shall be designed with either a
drip emitter to each plant or subsurface irrigation. PC bubblers
are acceptable for trees only.
(C) High water use plants, characterized by a plant factor of
0.7 to 1.0 are prohibited in street medians.
v. Drip Irrigation Design.
(A) The drip system must be sized for mature-size plants.
(B) The irrigation system should complete all irrigation cycles
during peak use in about twelve hours. Normally, each
irrigation controller should not have more than four drip
stations that operate simultaneously.
(C) Field-installed below-ground pipe connections shall be
threaded PVC or glued PVC. Surface laid hose and tubing
is not allowed. Microtube distribution is not allowed
unless emitter/manifold is installed in an access box.
Microtubing must be buried at least six inches below
grade and the end of microtubing must be secured by a
stake. The maximum length of microtubing must be
specified on the plan to be ten feet or less.
(D) Proportion gallons per day per plant according to plant
size. The following sizing chart is for peak water use. The
low to high end of the range is according to the relative
water requirements of the plants. The low end is for
desert natives and the high end is for medium water use
type plants.
Size of Plant
Large trees (over 30 -foot diameter)
Medium trees (about 18 -foot diameter)
Small trees/large shrubs (9 -foot diameter)
Medium shrubs (3.5 -foot diameter)
Small shrubs/groundcover
Gallons Per Day
58+ to 97+
21 to 35
6 to 10
0.8 to 1.3
0.5 or less
(E) Plants with widely differing water requirements shall be
valved separately. As an example, separate trees from
small shrubs and cactus from other shrubs. Multiple
emitter point sources of water for large shrubs and trees
must provide continuous bands of moisture from the root
ball out to the mature drip line plus twenty percent of the
plant diameter.
(F) Most plants require fifty percent or more of the soil
volume within the drip line to be wetted by the irrigation
system.
vi. Recycled Water Specifications.
(A) When a site has recycled water available or is in an area
that will have recycled water available as irrigation water,
the irrigation system shall be installed using the industry
standard purple colored or marked "Recycled Water Do
Not Drink" on pipes, valves and sprinkler heads.
(B) The backup groundwater supply (well water or domestic
water) shall be metered. Backup supply water is only for
emergencies when recycled water is not available.
(C) Recycled water users must comply with all county, state
and federal health regulations. Cross connection control
shall require a six-inch air gap system or a reduced
pressure backflow device. All retrofitted systems shall be
dye tested before being put into service.
(D) Where available, recycled water shall be used as a source
for decorative water features.
(E) Sites using recycled water are not exempted from the
maximum water allowance, prescribed water audits or
the provisions of these criteria.
(F) A recycled water checklist shall be submitted upon
submittal of the first plan check of the final landscape
plan submittal, an example of which may be obtained
from the planning department or Coachella Valley Water
District.
14
vii. Nonpotable Irrigation Water Specifications.
(A) When a site is using nonpotable irrigation water that is
not recycled water (from an on-site well, Bureau of
Reclamation irrigation lines, or from canal water) all hose
bibs shall be loose key type and quick coupler valves shall
be of locking type with non -potable markings or signs to
prevent possible accidental drinking of this water.
(B) Sites using nonpotable irrigation water are not exempted
from the maximum annual applied water allowance,
prescribed water audits or the provisions of these criteria.
7. Groundwater Water Specifications. Sites using groundwater irrigation water
from wells are not exempted from the maximum annual applied water
allowance, prescribed water audits or the provisions of these criteria.
8. Grading Design Plan.
a. For efficient use of water, grading of a project site shall be designed to
minimize soil erosion, runoff, and water waste. A landscape grading plan
shall be submitted as a part of the final landscaping plan submittal
package. A comprehensive grading plan prepared by a civil engineer in
coordination with the landscape architect satisfies this requirement.
b. The grading design plan shall indicate finished configurations and
elevations of the landscaped area, including the height of graded slopes,
drainage patterns, pad elevations, finish grade, and stormwater
retention improvements, if applicable.
c. To prevent excessive erosion and runoff, it is highly recommended that
project applicants:
i. Grade so that all irrigation and normal rainfall remains within
property lines and does not drain on to nonpermeable
hardscapes;
ii. Avoid disruption of natural discharge drainage patterns and
undisturbed soil; and
iii. Avoid soil compaction in landscape areas.
d. The grading design plan shall contain the following statement: "I have
complied with the criteria of the ordinance and applied them
accordingly for the efficient use of water in the grading plan."
e. Slopes greater than twenty-five percent shall not be irrigated with an
irrigation system with a precipitation rate exceeding 0.75 inches per
hour. This restriction may be modified if the landscape designer specifies
an alternative design or technology, as part of the final landscaping plan
submittal, and clearly demonstrates no runoff or erosion will occur.
Prevention of runoff must be confirmed during an irrigation audit.
f. All grading must retain normal stormwater runoff and provide for an
area of containment. All irrigation water must be retained within
15
g.
property lines and not allowed to flow into public streets or into the
public right-of-way. Where appropriate, a simulated dry creek bed may
be used to convey storm drainage into retention areas. A drywell shall
be installed if the retention basin is to be used as a recreational area.
Avoid mounded or sloped planting areas that contribute to runoff onto
hardscape. Sloped planting areas above a hardscape area shall be
avoided unless there is a drainage swale at toe of slope to direct runoff
away from hardscape.
h. Median islands must be graded to prevent stormwater and excess
irrigation runoff.
9. Soil Analysis.
a. In order to reduce runoff and encourage healthy plant growth, a soil
management report shall be completed by the project applicant, or their
designated agent, as follows:
i. Submit soil samples to a laboratory for analysis and
recommendation;
ii. Soil sampling shall be conducted in accordance with laboratory
protocol, including protocols regarding adequate sampling depth
for the intended plants;
iii. The soil analysis shall include:
(A) Determination of soil texture, indicating the available
water holding capacity,
(B) An appropriate soil infiltration rate (either) measured or
derived from soil texture/infiltration rate tables. A range
of infiltration rates shall be noted where appropriate,
(C) Measure of pH, total soluble salts, and percent organic
matter;
iv. The soil analysis report shall be submitted to the city as part of
the final landscaping plan;
v. The soil analysis report shall be made available, in a timely
manner, to the professionals preparing the landscape design
plans and the irrigation plans to make any adjustments to the
design plans;
vi. The project applicant or his or her designated agent shall submit
documentation verifying implementation of the soil analysis
report recommendations to the local agency with the certificate
of completion prior to final inspection.
10. Certification. An approval stamp and/or signature block from the Coachella
Valley Water District and Riverside County agricultural commissioner shall be
identified on the final landscaping plans. Approval of final landscaping plans
from any outside agencies, if necessary, shall be obtained by the applicant prior
to final approval of the plans by the planning director.
16
Public Education.
1. Publications.
a. The city, county or water district will, upon request, provide information
to the public regarding the design, installation, and maintenance of
water efficient landscapes.
b. Information about the efficient use of landscape water shall be provided
to water users throughout the community.
c. The landscape architect will provide a site-specific landscape irrigation
package for the homeowner or irrigation system operator. The package
will include a set of drawings, a recommended monthly irrigation
schedule and a recommended irrigation system maintenance schedule.
d. Irrigation Schedules. Irrigation schedules satisfying the following
conditions shall be submitted as part of the landscape irrigation
package:
i. An annual irrigation program with monthly irrigation schedules
shall be required for the plant establishment period, for the
established landscape, and for any temporarily irrigated areas.
The irrigation schedule shall:
(A) Include run time (in minutes per cycle), suggested
number of cycles per day, and frequency of irrigation for
the station;
(B) Provide the amount of applied water (in hundred cubic
feet) recommended on a monthly and annual basis;
(C) Whenever possible, irrigation scheduling shall incorporate
the use of evapotranspiration data such as those from
the California Irrigation Management Information System
(CIMIS) weather stations to apply the appropriate levels
of water for different climates;
(D) Whenever possible, landscape irrigation shall be
scheduled between ten p.m. and five a.m. to avoid
irrigating during times of high wind or high temperature.
e. Maintenance Schedules. A regular maintenance schedule satisfying the
following conditions shall be submitted as part of the landscape
documentation package:
i. Landscapes shall be maintained to ensure water efficiency. A
regular maintenance schedule shall include but not be limited to
checking, adjusting, cleaning and repairing equipment; resetting
the automatic controller, aerating and dethatching turf areas;
replenishing mulch; fertilizing; pruning; and weeding in all
landscaped areas.
ii. Repair of irrigation equipment shall be done with the originally
specified materials or their approved equivalents.
17
f. Information shall be provided about designing, installing, and
maintaining water efficient landscapes.
E. Approval of Landscaping.
1. Final landscaping plans shall be approved by the planning director. Median
landscaping plans located within private streets and public rights-of-way shall
be reviewed by the public works department and approved by the planning
director.
2. Planning staff shall field inspect all completed landscaping for compliance with
the approved final landscaping plans and site development permit. Public works
staff shall inspect all median landscaping for compliance with the approved
final landscaping plans.
3. Prior to inspection, the landscape architect shall provide the planning
department a copy of the official certificate of completion. The certificate of
completion shall include all of the following:
a. Project information identifying the project's location, date of installation,
and contact information for all persons involved;
b. Certification by either the signer of the landscape design plan, the signer
of the irrigation design plan, or the licensed landscape contractor that
the landscape project has been installed per the approved final
landscaping plans;
c. Irrigation scheduling parameters used to set the controller. A diagram
of the irrigation plan showing hydrozones shall be kept with the
irrigation controller for subsequent management purposes;
d. Landscape and irrigation maintenance schedule;
e. Irrigation audit report (if applicable);
f. Soil analysis report and documentation verifying implementation of soil
report recommendations; and
Any additional project information required by the city or local water
purveyor.
4. Final certificates of occupancy may be authorized for issuance once the final
landscaping plans have been approved, a certificate of completion has been
submitted, and the landscaping and irrigation installation has been inspected
and approved by both the city and the local water purveyor.
Note: Authority cited: Section 65593, 65594, Government Code. Reference: Section 65593,
65596, 64497. (Ord. 544 § 2
g.
18
Title 9 Code Amendments 2017
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 be construed as
congruent with such right-of-way lines and shall further be construed as
moving with such right-of-way lines.
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 (B)(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. Where lot line adjustments between two existing parcels, one within a
residential district and the other within a Golf Course district, result in a larger
residential district parcel, a zone change is not required when the proposed
increase in the residential district parcel size resulting from the lot line
adjustment is less than twenty (20) percent. The residential district regulations
governing the existing residential parcel are applied to the added parcel area
resulting from the approved lot line adjustment between two parcels.
19
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Areas with adjacent residential and golf course districts
6. In cases where uncertainty exists after application of rules in subsections (B)(1)
through (4) of this section, the director shall determine the district boundaries.
(Ord. 550 § 1, 2016)
9.50.030 Table of development standards.
20
A. Definitions. See Chapter 9.280.
B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040, following, set
forth standards for the development of property within residential districts. However,
standards different from those in Table 9-2 shall apply if special zoning symbols
described in Section 9.20.030 are designated on the official zoning map.
Table 9-2 Residential Development Standards
Development Standard
District
RVL
RL
RC
RM
RMH
RH
Minimum lot size for single-
family dwellings (sq. ft.)
20,000
7200***
7200
5000
3600
2000
Minimum project size for
multifamily projects (sq. ft.)
n/a
n/a
n/a
n/a
20,000
20,000
Minimum lot frontage for
single-family dwellings (ft.)1
100
60
60
50
40
n/a
Minimum frontage for
multifamily projects (ft.)
n/a
n/a
n/a
n/a
100
100
Maximum structure height
(ft.)2
28
28
17
28
28
40
Maximum number of stories
2
2
1
2
2
3
Minimum front yard setback
(ft.)3
30
20
20
20
20
20
Minimum garage setback4 (ft.)
30
25
25
25
25
25
Minimum interior/exterior
side yard setback (ft.)5''
10/20
5/10
5/10
5/10
5/10
10/15
21
Minimum rear yard setback
(ft.)'
30
20 for new
lots and
10 for
existing
recorded
lots8
10
15
15
20
Maximum lot coverage (% of
net lot area)
40
50
60
60
60
60
1400
Minimum livable area
(multifamily:
750 for
excluding garage (sq. ft.)
2500
1400
1200
1400
750)
multifamily
Minimum common open
area6
n/a
n/a
n/a
30%
30%
30%
Minimum/average perimeter
landscape setbacks (ft.)6
10/20
10/20
n/a
10/20
10/20
10/20
Description of Special Zoning Symbols Used as per Section
Symbol
9.20.030
60 -foot minimum lot frontage, medium density residential
60 -RM -10,000
zoning, 10,000 square foot minimum lot size, 17 -foot
17/1
maximum building height at one story
RL 10,000
Low density residential zoning, 10,000 square foot minimum
17/1
lot size, 17 -foot maximum building height at one story
RM
Medium density residential zoning, 17 -foot maximum building
17/1
height at one story
RL
17/1
Low density residential zoning, 17 -foot maximum building height at one
story
* As shown on the approved specific plan for the project.
** As provided in the underlying base district.
*** A minimum lot size of 20,000 sq. ft. shall be required of new lots created within subdivisions of 10 acres or less
in size located south of Avenue 52 and west of Monroe Street.
1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be
15 feet.
22
2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for
all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet.
3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units
facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to
avoid streetscape monotony.
4 For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door is used. Also, for
side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other
residential districts.
5 The following are exceptions to the minimum side setbacks shown: For interior side yards in the RL, RM and
RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet
in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at
grade level or a combination of at grade and airspace above the 17 -foot building. For RH, five feet minimum plus
one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum
setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property
line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot
over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided
entirely at grade level or may be a combination of at grade and airspace above the 28 -foot building height.
6 Common open area and perimeter landscape requirements do not apply to single-family detached projects
unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape
setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals
minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area
standards.
Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with
the exception of RVL zone district where it only applies to the side yard.
8
Existing recorded lots prior to May 1, 1997.
(Ord. 550 § 1, 2016)
9.50.090 RC district development standards.
In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60
(Supplemental Residential Regulations) the following shall be required for homes built within
the RC district:
A. Requirements.
1. Manual on Architectural and Landscape Standards. The planning commission
shall, by resolution, adopt architectural and landscape manuals to be used as
guidelines in reviewing landscape materials, architectural style, exterior
building materials, colors, and mass and scale;
2. Architectural Variety. Duplication of houses having the same architectural
design features on the front elevation of other houses located within two
hundred feet of each other shall make provisions for architectural variety by
using different colors, roof treatments, window treatments, garage door
treatments, and methods;
23
3. Minimum Gross Livable Area. One thousand two hundred square feet, excluding
the garage, as measured from the exterior walls of the dwelling;
4. Bedroom Dimensions. A minimum ten -foot clear width and depth dimensions,
as measured from the interior walls of the room;
5. Bathrooms. There shall not be less than one and one-half baths in one- or two-
bedroom dwellings, and not less than one and three-quarter baths in dwellings
with three or more bedrooms;
6. Exterior walls shall be cement plaster and may be accented with stone, brick,
wood, or other similar materials;
7. Sloping roofs on new homes shall be constructed of clay, or concrete tile.
Replacement of existing roofs shall also require the use of clay, or concrete tile,
unless the director determines that the roof support structure will not support
such materials. Building additions and accessory structures may have roofs of
the same or similar materials as the existing home (All properties listed on the
city's historic building survey shall be exempt from this requirement);
8. Landscaping. All front and exterior side yards shall be landscaped to property
line;
9. The landscaping shall include trees, shrubs and ground cover of sufficient size,
spacing and variety to create an attractive and unifying appearance.
Landscaping shall be in substantial compliance with the standards set forth in
the manual on architectural standards and the manual on landscape standards
as adopted by the planning commission;
10. An irrigation system shall be provided for all areas required to be landscaped;
11. The landscaping shall be continuously maintained in a healthy and viable
condition;
12. Screening. Refuse containers and bottled gas tanks shall be concealed by view -
obscuring landscaping, fencing or walls;
13. Underground Utilities. All electric services, overhead wires, or associated
structures must be installed underground;
14. Lighting. All exterior lighting shall be located and directed so as not to shine
directly on adjacent properties and shall comply with the dark sky ordinance;
15. Fencing. Rear and side yards shall be completely enclosed and screened by
view -obscuring fencing, walls, or combinations as illustrated in the manual on
architectural standards;
16. Earth fill shall not exceed what is necessary to provide minimum required
drainage to the street;
17. When there is a combined retaining and garden wall, and the retaining wall
exceeds three feet, the garden wall shall not exceed five feet in height;
18. Parking shall be provided in accordance with Chapter 9.150, Table 9-11 (Parking
for Residential Land Uses). (Ord. 550 § 1, 2016)
24
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 five
thousand 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 if (1) 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, or (2) if approved
by the city manager or designee if findings are made by the city manager or designee
that extenuating circumstances exist. (Ord. 550 § 1, 2016)
9.60.290 Compatibility review for partially developed subdivisions.
A. Purpose. Residential subdivisions are often developed in phases, either by the same or
different developers or by individual owner -builders. This section imposes
requirements to ensure that units in later phases of such projects are compatible in
design and appearance with those already constructed.
B. For purposes of this section, the term "compatible" means residential buildings which
are similar in floor area and harmonious in architectural style, mass, scale, materials,
colors, and overall appearance.
C. Applicability. This section applies to all second story additions, proposed major design
deviations, and new residential units which are different from those originally
constructed and/or approved and which are proposed for construction within a
partially developed subdivision, except for a custom home subdivision, project or
phase. Proposed minor design deviations are not subject to this section. These
requirements are in addition to other applicable regulations in this code.
1. Minor Design Deviation. A minor design deviation can be approved by the
planning division without a public hearing. Minor design deviation means a
modification of an approved architectural unit within a subdivision that involves
items such as, but not limited to, less than ten percent change in square
footage of existing constructed or approved units; columns, dormer vents,
25
window size changes, plant -on locations, color, and stucco texture changes.
The director may refer the minor design deviation to the planning commission
as a business item under the site development permit process.
2. Major Design Deviation. A major design deviation is subject to the compatibility
review for partially developed subdivisions. A major design deviation means a
ten percent or more change in square footage of existing constructed or
approved units; any exterior architectural modification not defined as a minor
design deviation.
D. Site Development Permit Required. Residential units subject to this section are subject
to approval of a site development permit by the original decision-making authority per
Section 9.210.010. Applications for such permits shall be filed with the planning
division on forms prescribed by the director together with: (1) all maps, plans,
documents and other materials required by the director; and (2) all required fees per
Chapter 9.260. The director shall provide the necessary forms plus written filing
instructions specifying all materials and fees required to any requesting person at no
charge.
E. Acceptance of Applications as Complete. Within thirty days of receipt of a permit
application, the director shall determine whether the application is complete and shall
transmit such determination to the applicant. If the application is determined not to
be complete, the director shall specify in writing those parts of the application which
are incomplete and shall indicate the manner in which they can be made complete. No
application shall be processed until all required materials have been submitted and the
application deemed complete.
F. Public Hearing Required. A public hearing shall be noticed and held per Section
9.200.110 prior to planning commission approval or denial, if planning commission is
the original decision-making authority, of any site development permit consisting of
the construction of a total of five houses within a tract under the compatibility review
provisions of this section. Construction of a total of five or less units shall require
review and approval of the planning commission as a business item, if planning
commission is the original decision-making authority. The director may require that
additional notice be given by enlarging the notification radius or by other means
determined by the director.
G. Precise Development Plan. A site development permit approved under the
compatibility review provisions of this section constitutes a precise development plan.
Therefore, the residential development authorized under the site development shall be
in compliance with the plans, specifications and conditions of approval shown on
and/or attached to the approved permit.
H. Required Findings. In addition to the findings required for approval of a site
development permit, the following findings shall be made by the decision-making
26
authority prior to the approval of any site development permit under the compatibility
review provisions of this section:
1. The development standards of subsection I of this section have been satisfied.
2. The architectural and other design elements of the new residential unit(s) will
be compatible with and not detrimental to other existing units in the project.
I. Development Standards for Compatibility Review. No residential unit shall be approved
under compatibility review unless the original decision-making authority determines
that it complies with the following development standards:
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.
If lot fencing has been provided in the subdivision, the new developer shall
provide the same or better type of fencing for the new dwelling(s), as
determined by the original decision-making authority, including any perimeter
subdivision fencing.
3. Proposed single-family dwellings shall be compatible to existing dwellings in
the project or to dwellings which are approved for construction as shown on the
plans and materials board, unless otherwise approved by the original decision-
making authority, with respect to the following design elements:
a. Architectural material such as roof material, window treatment and
garage door style;
b. Colors;
c. Roof lines;
d. Lot area; and
e. Building mass and scale.
4. At least one specimen tree (i.e., minimum of a twenty -four -inch box size (one
and one -half-inch to two-inch caliper) and minimum ten -foot tall, measured
from top of box) shall be provided in the front yard and street side yard with the
total number of trees on each lot to be the same as that provided for on the
original units.
5. Residential units with identical, or similar, front elevations shall not be placed
on adjacent lots or directly across the street from one another.
27
J. Original Decision -Making Authority Discretion on Unit Types. The original decision-
making authority, in reviewing dwelling units under this section, may limit the type and
the number of a particular unit to be constructed within a subdivision.
K. Appeals. The applicant or another aggrieved party may appeal decisions of the
decision-making authority in accordance with the provisions of Section 9.200.120. (Ord.
550 § 1, 2016)
9.80.020 Table of permitted uses.
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts,
following, specifies those uses and structures which are permitted within each
nonresidential district. The letters in the columns beneath the district designations
mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "M": Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "X": Prohibited in the district.
7. "S": Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted
unless the planning or the planning commission determines that such use is within one
of the permitted use categories listed (e.g., principal use, conditional use, etc.) in
accordance with Section 9.20.040.
Table 9-5 Permitted Uses in Nonresidential Districts
28
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com -
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Retail Uses
Retail stores under
10,000 sq. ft. floor
area per business
P
P
P
P
P
P
X
P
Retail stores1,
10,000-50,000 sq.
ft. floor area
P
P
P
P
X
X
X
P
Retail storesl, over
50,000 sq. ft. floor
area
P
C
M
X
X
X
X
X
Food, liquor and
convenience stores
under 10,000 sq. ft.
floor area, open
less than 18
hours/day2
P
A
P
P
A
A
X
P
Food, liquor and
convenience stores
under 10,000 sq. ft.
floor area, open 18
or more hours/day2
M
X
M
M
M
X
X
M
Plant nurseries and
garden supply
stores, with no
propagation of
plants on the
premises, subject
to Section
9.100.120 (Outdoor
storage and
P
X
P
P
X
X
X
P
29
P = Permitted use
A = Accessory use
C = Conditional use
permitCom-
M = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
display)
Showroom/catalog
stores, without
substantial on-site
inventory
P
P
P
X
X
X
X
X
General Services
Barbershops,
beauty, nail and
tanning salons and
similar uses
P
A
P
P
P
A
X
P
Miscellaneous
services such as
travel services,
photo and video
services, shoe
repair, appliance
repair, and similar
uses
P
A
P
P
P
A
X
P
Laundromats and
dry cleaners,
except central
cleaning plants
P
X
P
P
P
X
X
M
Printing,
blueprinting and
copy services
P
P
P
P
P
P
X
P
Pet grooming—
without overnight
boarding
P
X
P
P
P
X
X
P
Office and Health Services
30
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com -
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Banks
P
X
P
P
P
P
X
P
General and
professional offices
P
P
P
P
P
P
P
P
Medical offices—
physicians,
dentists,
optometrists,
chiropractors and
similar
practitioners, 3 or
fewer offices in
one building
P
P
P
P
P
P
X
P
Medical
centers/clinics—
four or more
offices in one
building
P
X
P
C
X
P
X
P
Surgicenters/medic
al clinics
P
P
P
C
X
P
X
X
Hospitals
C
X
X
X
X
X
C
X
Convalescent
hospitals
C
X
C
X
X
X
C
X
Veterinary
clinics/animal
hospitals and pet
boarding (indoor
only)
M
M
M
M
X
X
X
M
Dining, Drinking and Entertainment Uses
Restaurants, other
P
A
P
P
P
X
A
P
31
P = Permitted use
A = Accessory use
C = Conditional use
permitCom-
m = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
munity
Com-permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
than drive-through
Restaurants, drive-
through
P
A
P
X
P
X
X
X
Restaurants,
counter take-out
with ancillary
seating, such as
yogurt, ice cream,
pastry shops and
similar
P
P
P
P
P
X
A
P
Bars and cocktail
lounges
M
M
M
M
M
X
X
M
Dance clubs and
nightclubs
C
C
C
X
C
X
X
C
Dancing or live
entertainment as
an accessory use
A
A
A
A
A
X
X
A
Theaters, live or
motion picture
P
X
M
M
M
X
A
M
Tobacco shops
without onsite
smoking, as per
the provisions of
the Heath and
Sanitation Code
P
X
P
P
A
X
X
P
Cigar lounges,
hookah bars, and
similar uses with
onsite smoking, as
per the provisions
M
X
M
M
A
X
X
M
32
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com -
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
of the Health and
Sanitation Code
Recreation Uses
Bowling alleys
P
X
P
X
P
X
X
C
Pool or billiard
centers as a
principal use
C
C
C
X
C
X
X
C
Pool or billiard
tables as accessory
use (3 tables or
less)
A
A
A
A
A
A
X
A
Game machines as
an accessory use
A
A
A
A
A
A
X
A
Golf courses and
country clubs (see
GC district
permitted uses,
Chapter 9.120)
X
X
X
X
A
X
X
X
Driving range
unlighted
P
A
C
X
P
A
P
X
Tennis clubs or
complexes
C
A
C
X
X
A
C
X
Health clubs,
martial arts
studios, and dance
studios, 5,000 sq.
ft. floor area or less
P
P
P
P
P
P
P
P
Health clubs,
martial arts
M
M
M
M
M
M
M
M
33
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
studios, and dance
studios, over 5,000
sq. ft. floor area
Libraries
P
P
P
P
P
P
P
P
Museum
P
P
P
P
P
P
P
P
Arts and crafts
studios, including
classes
P
P
P
P
P
P
P
P
Parks, unlighted
playfields and
open space
P
P
P
P
P
P
P
P
Lighted playfields
X
X
X
X
X
X
C
C
Bicycle, equestrian
and hiking trails
P
P
P
P
P
P
P
P
Indoor pistol or
rifle ranges
X
C
X
X
X
X
X
X
Miniature
golf/recreation
centers
M
X
X
X
M
X
X
X
Ice skating rinks
M
M
M
X
M
X
M
X
Assembly Uses
Lodges, union
halls, social clubs
and community
centers
P
P
P
p
X
X
P
P
Churches, temples
and other places of
worship
M
M
M
M
X
M
X
M
34
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com -permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com -
munity
Facilities
Village
Com -
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Mortuaries and
funeral homes
M
M
M
X
X
X
X
X
Public and Semipublic Uses
Fire stations
P
P
P
P
P
P
P
P
Government
offices and police
stations
P
P
P
P
P
P
P
P
Communication
towers and
equipment
(freestanding, new
towers) subject to
Chapter 9.170
C
C
C
C
C
C
C
C
Communication
towers and
equipment (co -
location, mounted
to existing facility)
subject to Chapter
9.170
M
M
M
M
M
M
M
M
Electrical
substations
X
M
X
X
X
X
M
X
Water wells and
pumping stations
P
P
P
P
P
P
P
P
Reservoirs and
water tanks
X
X
X
X
X
X
P
X
Public flood control
facilities and
devices
P
P
P
P
P
P
P
P
35
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Colleges and
universities
C
M
X
X
X
M
C
C
Vocational schools,
e.g., barber, beauty
and similar
M
C
C
X
X
C
C
C
Private
elementary,
intermediate and
high schools
C
C
C
C
C
C
C
C
Helicopter pads
X
X
X
X
C
X
C
X
Public or private
kennels and
animal shelters
(with indoor or
outdoor pet
boarding)
X
C
X
X
X
X
C
X
Residential, Lodging and Child Daycare Uses
Existing single
family home
X
X
X
X
X
X
X
P
Townhome and
multifamily
dwelling as a
primary use3,4
C3
C4
C
C
C
C
X
C
Residential as an
accessory use, e.g.,
caretaker
residences per
Section 9.100.160
M
M
M
M
M
M
M
M
Child daycare
M
M
M
M
X
M
M
M
36
P = Permitted use
A = Accessory use
C = Conditional use
permitCom-
m = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
munity
Com -permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com -
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
facilities, centers
and preschools as
a principal use,
subject to Section
9.100.240 (also see
Accessory Uses)
Senior group
housing
X
X
X
X
X
X
X
M
Rooming and
boarding houses
X
X
X
X
X
X
X
M
Single room
occupancy (SRO)
hotels, subject to
Section 9.100.250
C
X
X
X
X
X
X
X
Emergency
shelters
P
P
P
P
P
P
P
X
Transitional
shelters for
homeless persons
or victims of
domestic abuse
C
X
X
X
X
X
C
X
Single family
residential
X
X
X
X
X
X
X
X
Mixed-use projects
subject to Section
9.110.130
P
P
P
P
P
P
X
P
RV rental parks
and
ownership/membe
rship parks
X
X
X
X
M
X
X
X
37
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com -permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com -
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Resort residential
S
X
C
X
C
X
X
Hotels and motels
P
X
P
X
P
X
X
P
Timeshare
facilities, fractional
ownership, subject
to Section 9.60.290
P
X
P
X
P
X
X
P
Automotive, Automobile Uses5
Golf cart,
neighborhood
electric vehicle
(NEV), and electric
scooter sales
P
P
P
M
X
X
X
M
Automobile service
stations, with or
without minimart
subject to Section
9.100.230
C
C
C
C
X
X
X
C
Car washes
M
M
M
X
X
X
X
X
Auto body repair
and painting;
transmission repair
X
C
X
X
X
X
X
X
Auto repair
specialty shops,
providing minor
auto maintenance:
tire sales/service,
muffler, brake, lube
and tune-up
services
C
C
C
X
X
X
X
X
38
P = Permitted use
A = Accessory use
C = Conditional use
permitCom-
M = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
munity
Com-permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Auto and
motorcycle sales
and rentals
M
M
X
X
X
X
X
X
Used vehicle sales,
not associated
with a new vehicle
sales facility, as per
Section 9.100.260
C
C
X
X
X
X
X
X
Truck, recreation
vehicle and boat
sales
C
C
X
X
X
X
X
Auto parts stores,
with no repair or
parts installation
on the premises
P
P
P
P
X
X
X
P
Auto or truck
storage yards, not
including
dismantling
X
C
X
X
X
X
X
X
Private parking
lots/garages as a
principal use
subject to Chapter
9.150, Parking
C
C
C
X
C
C
X
C
Warehousing and Heavy Commercial Uses5
Wholesaling/distrib
ution centers,
general
warehouses with
no sales to
C
P
X
X
X
X
X
X
39
P = Permitted use
A = Accessory use
C = Conditional use
permit
m = Minor use
permit
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
consumers
Mini -storage
X
X6
X
X
X
X
X
X
Lumber yards,
outdoor (see retail
stores for indoor
lumber sales)
X
M
X
X
X
X
X
X
Pest control
services
M
P
X
X
X
X
X
X
Contractor offices,
public utility and
similar
equipment/storage
yards
X
M
X
X
X
X
P
X
Central cleaning or
laundry plants
X
X
X
X
A
X
X
X
Industrial and Research Uses
Indoor
manufacture and
assembly of
components or
finished products
X
P
X
X
X
X
X
X
Research and
development
P
P
X
X
X
X
X
X
Recording studios
M
P
X
X
X
X
X
M
Bottling plants
X
P
X
X
X
X
X
X
Recycling centers
as a primary use,
collection and
sorting only,
X
C
X
X
X
X
C
X
40
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com-permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com-
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
subject to Section
9.100.190
Off-site hazardous
waste facilities
X
C
X
X
X
X
X
X
Accessory Uses
and Structures
Construction and
guard offices,
subject to Section
9.100.170
P
P
P
P
P
P
P
P
Portable outdoor
vendor uses
subject to Section
9.100.100
M
M
M
M
M
M
M
M
Swimming pools as
an accessory use
A
A
A
A
A
A
A
A
Indoor golf or
tennis facilities as
an accessory use
A
A
A
A
A
A
A
A
Outdoor golf or
tennis facilities as
an accessory use
M
M
M
M
M
M
M
M
Antennas and
satellite dishes,
subject to Section
9.100.070
A
A
A
A
A
A
A
A
Reverse vending
machines and
recycling dropoff
A
A
A
A
X
X
A
M
41
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com -permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com-
munity
Facilities
Village
Com -
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
bins, subject to
Section 9.100.190
Incidental on-site
products or
services for
employees or
businesses, such as
child day care,
cafeterias and
business support
uses
A
A
A
A
A
A
A
A
Other accessory
uses and
structures which
are customarily
associated with
and subordinate to
the principal use
on the premises
and are consistent
with the purpose
and intent of the
zoning district, as
determined by the
director
A
A
A
A
A
A
A
A
Temporary Uses
Christmas tree
sales, subject to
Section 9.100.080
T
T
T
T
X
X
T
T
Halloween
pumpkin sales,
T
T
T
T
X
X
T
T
42
P = Permitted use
A = Accessory use
C = Conditional use
permit
M = Minor use
T = Temporary use
permit
X = Prohibited use
Regional
Com-
mercial
Com-
mercial
Park
Com-
munity
Com -permit
mercial
Neighbor-
hood
Com-
mercial
Tourist
Com-
mercial
Office
Com-
mercial
Major
Com -
munity
Facilities
Village
Com -
mercial
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
subject to Section
9.100.080
Stands selling fresh
produce in season,
subject to Section
9.100.090
T
T
T
T
X
X
T
T
Sidewalk sales,
subject to Section
9.100.120
T
T
T
T
T
T
X
T
Temporary outdoor
events, subject to
Section 9.100.130
T
T
T
T
T
T
T
T
Use of relocatable
building, subject to
Section 9.100.180
T
T
T
T
T
T
T
T
Holiday period
storage subject to
Section 9.100.145
M
M
M
M
M
M
M
M
Other Uses
Sexually oriented
businesses, subject
to Section
9.110.080'
C
X
X
X
X
X
X
X
Medical marijuana
dispensaries
X
X
X
X
X
X
X
X
Other uses not listed in this table: per Section 9.20.040, director or planning commission to determine whether use is
permitted
Notes:
1 Unless use is specifically listed elsewhere in this table.
43
With no consumption of alcohol on the premises.
If part of a mixed-use project per Section 9.140.090.
Subject to Section 9.30.070 (RH, High Density Residential District) for density, Section 9.60.270.
Subject to Section 9.100.110, Outdoor storage and display.
Mini -storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this
section), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and
may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008
with approval of a site development permit. Any modification or expansion shall conform to the development
standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development
Standards.
Property must also be located within the SOB (sexually oriented business) overlay district.
(Ord. 550 § 1, 2016)
9.100.110 Outdoor storage and display.
A. Purpose. This section provides regulations for the permanent outdoor storage and
display of merchandise, materials and equipment.
B. Where Permitted. The storage and/or display of any merchandise, materials or
equipment outside of an enclosed building is prohibited except where permitted in
accordance with this section, Section 9.80.040 pertaining to permitted uses, Section
9.100.120 pertaining to sidewalk sales and special events, or where permitted by a
conditional use permit.
C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials
storage area, including vehicle storage, shall comply with the following regulations:
1. Use Permit. The establishment of any outdoor equipment or materials storage
use shall require approval of a conditional use permit pursuant to Section
9.210.020.
2. Location. An equipment, material or storage yard use shall only be located
where a main building is permitted by the applicable district regulations.
3. Screening. Outdoor storage yards shall be screened whenever they abut the
boundary of the building site or are located between a building and an abutting
street. The screening materials shall be not less than five feet high and shall be
in compliance with Section 9.100.030 (Fences and walls). Screening may consist
of one or a combination of the following types:
a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of
solid masonry material a minimum of six inches thick.
b. Solid Fences. Solid fences may be used for screening if approved by the
decision-making authority. Such fences shall be constructed of wood or
44
other materials with a minimum nominal thickness of two inches and
shall form an opaque screen. All wood fencing shall be constructed of
not less than a grade of construction heart or merchantable and better
redwood or No. 2 and better (no holes) western red cedar, stained or
painted to match or complement the adjacent wall or structure.
Alternatively, if left in natural color, all wood shall be treated with a
water -repellant material.
c. Plant Screens. Plant materials, when used as a screen, shall consist of
compact evergreen plants. Such planting shall be of a kind or used in
such a manner so as to provide screening with a minimum thickness of
two feet within eighteen months after initial installation. Permanent
automatic irrigation shall be provided. If, eighteen months after
installation, plant materials have not formed an opaque screen or if an
opaque screen is not maintained, the planning director may require that
a wall, solid fence or berms be installed.
D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail
uses such as nursery and garden supply stores or departments within retail stores shall
comply with the following standards:
1. Fencing. The outdoor sales and display area shall be enclosed by a wall or fence
at least four feet high which obscures views from streets or public parking areas
into the area. The color and materials used to fence the area shall be
complementary to the color and materials used in buildings on-site. Chain link
fencing is not permitted.
2. Building Design. When the outdoor sales area is an extension of retail uses
within an adjacent building, it shall be enclosed by a wall which is, by exterior
appearance, an extension of the adjacent building. The design of the building
and outdoor area shall appear as a single structure.
E. Minor Outdoor Merchandise Display. A maximum of ten square feet shall be allowed
for outdoor display of merchandise. The outdoor display of merchandise shall be
located immediately adjacent to the business and at no time further than ten feet
from said business, shall not interfere with pedestrian access and ADA compliance,
and shall only be in place during business hours.
F. Outdoor Display and Sales for Commercial Retail Uses Greater than One Hundred
Thousand Square Feet. Outdoor display and sales areas in conjunction with retail
commercial businesses having over one hundred thousand square feet of gross floor
area (GFA) may be permitted subject to the approval of a conditional use permit in
accordance with Section 9.210.020. The conditional use permit shall establish
standards for each facility in addition to the requirements of this section:
45
1. Area. Outdoor display and sales areas shall not exceed ten percent of the gross
floor area of the retail commercial building.
2. Locations. Outdoor display and sales areas shall be restricted to those locations
identified on an approved plan -designated area and shall comply with the
following standards:
a. Permitted locations for outdoor display and sales areas shall be in
conformance with all current fire, health, building and safety codes.
Outdoor display and sales areas may be permitted within designated
portions of sidewalk, patios, and similar areas within proximity to the
storefront.
c. No outdoor display and sales area shall obstruct an entrance or exit to
any building, impede the flow of pedestrian or vehicular traffic, or
obstruct access to any parking space or drive aisle.
d. Permanent modifications to the building, landscaping, or site plan for
purposes of outdoor display shall require approval through the city's
development review process.
3. Performance Standards. Items and materials to be displayed outdoors within
designated areas shall comply with the following standards:
a. All items and materials to be displayed outdoors shall be in
conformance with current fire, health, building and safety codes.
b. No item shall be displayed in a manner that causes a safety hazard or
public nuisance.
c. Fixtures and tables used to display merchandise shall be maintained in
good repair.
d. Signs, flags, banners, placards, balloons, streamers, spot lighting,
amplified music, or similar features shall be prohibited unless otherwise
permitted and approved through a separate sign permit.
e. Outdoor display and sales areas shall be kept clean and maintained on a
c ontinual basis.
4. Authority to Suspend Operations. Failure to comply with these provisions is
subject to suspension or revocation of a permit.
G. Vehicle Sales. The outdoor display and sales of new vehicles shall be subject to the
approval of a minor use permit in accordance with Section 9.210.025. The outdoor
display and sales of used vehicles shall be subject to the approval of a conditional use
46
permit in accordance with Section 9.210.020. The use permit shall establish standards
for each such facility. Such standards shall include at a minimum:
1. Landscaping. Perimeter landscaping conforming to that required for the
applicable zoning district per Chapter 9.90.
2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150.
3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle
display and storage areas, plus prohibition of focal display areas elevated more
than one foot above the average finish grade of the overall outdoor display
area. (Ord. 550 § 1, 2016)
9.100.240 Child daycare centers.
Child daycare centers or preschools in nonresidential districts shall conform to the following
requirements regardless of the number of children served by the facility:
A. A minor use permit shall be required to establish a child daycare center per Section
9.210.020. In addition, all facilities shall comply with this section and with any
additional requirements imposed as part of the minor use permit or by any other
applicable permit.
B. All facilities shall be licensed and operated in accordance with state, county, and local
health, safety, and other regulations.
C. Outdoor activities shall be limited to the hours between eight -thirty a.m. and seven
p.m.
D. All facilities shall provide an on-site pickup/dropoff area. In addition, there shall be an
on-site vehicle turnaround or alternatively, separate vehicle entrance and exit points.
E. All parking, signs and outdoor lighting shall comply with the applicable regulations set
forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively.
F. All facilities shall comply with the development standards of the district in which they
are located, as set forth in Section 9.90.040. (Ord. 550 § 1, 2016)
9.140.090 MU mixed use overlay regulations.
A. Purpose. To facilitate the development of mixed use projects that include both
multifamily residential and commercial components in a cohesively designed and
constructed manner. The mixed use overlay district will contribute to vehicle trip and
associated air pollutant reductions by locating residents in close proximity to services,
e'mployment, and transportation hubs, and by providing interconnected multi-purpose
paths for alternative modes of transportation.
B. Applicability. The MU overlay district and the provisions of this section apply to all areas
designated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in
addition to the regulations of the underlying base district. In case of conflict between
the base district and the MU regulations, the MU regulations shall control.
47
C. Definitions. See Chapter 9.280.
D. Permitted Uses.
1. Any use permitted or conditionally permitted in the underlying district.
2. Mixed use projects consisting of both multifamily residential (apartments,
condominiums, and similar housing types) and commercial/office components.
E. Development Standards.
1. Mixed use projects shall include both a commercial and/or office component
and a multifamily residential component, which are fully integrated with regard
to access, connectivity, and public safety. Residential uses with a density of
twelve to twenty-four units, must comprise a minimum of thirty-five percent of
the total square footage of the proposed project. Mixed use projects can be
designed vertically (residential development over commercial development) or
horizontally (residential development next to commercial development).
2. Minimum lot sizes shall be one acre, with the exception of the VC district where
lot sizes can be less than one acre. To maximize design options, development of
mixed use projects on lot assemblages or lots greater than one acre is
encouraged.
3. The use of vacant pads for mixed use projects in existing commercial
development along Highway 111 is encouraged.
4. Minimum densities for residential development shall be twelve dwelling units
per acre.
5. Maximum densities for residential development shall be twenty-four dwelling
units per acre. Higher densities may be achieved through density bonuses,
where applicable.
6. The residential component of mixed use projects shall be subject to the setback
requirements of the underlying commercial district.
7. Maximum Height. A mixed use project may be up to twenty-five percent more
in height than in the base district, if approved in the site development permit.
Mixed Use Overlay District Maximum Building Height
Underlying District
Maximum Height
CR
60 feet
CP
45 feet
CC
40 feet
CN
35 feet
VC
45 feet*,**
CT
55 feet
CO
55 feet
48
In the VC underlying district, when a minimum of one-half the required parking spaces are located beneath the
principal mixed use structure, the number of stories shall be measured from the finished floor of the building's
ground floor and shall not include the parking level.
Building height from forty-six to sixty feet may be permitted with approval of a CUP. See Section 9.70.110.
8. Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio
requirements of the underlying district.
9. The first (ground) floor of a multi -story mixed use project located within three
hundred feet of the Highway 111 right-of-way shall consist of commercial
and/or office development. Residential uses on the first (ground) floor are
prohibited.
10. New buildings (constructed after the date of approval of this code) in mixed use
projects shall not be longer than three hundred feet to facilitate convenient
public access around the building.
11. Pedestrian, bicycle, and other nonmotorized travel connections, including
sidewalks, trails, and/or crosswalks, are required between the
commercial/office and residential components of the project, as well as leading
to/from street fronts, bus stops, public gathering places, and adjacent
properties. They shall be located off-street and separated from vehicle travel
lanes and parking lot driving aisles.
12. Physical barriers, such as walls and fences, between the commercial/office and
residential components of a mixed use project are discouraged; however, they
may be used where necessary and appropriate, including for public safety or
the screening of outdoor storage facilities.
13. Public Spaces.
a. Public gathering spaces that provide active and/or passive amenities for
passersby are highly encouraged. Communal spaces may include but
are not limited to pedestrian plazas, shaded benches, public art, and
landscape or hardscape features.
b. Public spaces should be centrally located or located near active land
uses to assure their frequent usage and safety.
14. Parking. Parking and loading requirements shall be in conformance with
Chapter 9.150 of this code, subject to the following provisions:
a. Opportunities for shared and/or reduced parking between the
commercial/office and residential components of the project are
encouraged, subject to the requirements of Section 9.150.070 (Shared
parking), as a means to better match parking demand with availability
during various hours of the day.
b. Mixed use projects shall provide preferred parking for electric vehicles
and vehicles using alternative fuels in accordance with Section
9.150.110.
49
15. Bicycle racks shall be provided to serve both commercial/office and residential
components of the project, and shall comply with the requirements of Chapter
9.150.
16. Landscaping shall comply with Section 9.100.040 of this code and the
requirements of the underlying district. Additional landscaping may be required
to minimize impacts to adjacent properties.
17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this
code.
18. Signage shall be in conformance with Chapter 9.160 of this code and the
requirements of the underlying district. Monument and other signage that
enhances the cohesion of the development may be required.
19. Entry Drive. An entry drive that provides principal vehicular access into the
residential component of the project is required.
20. Entry Statement. Projects with fifty or more residential units shall include
vehicular and pedestrian entry statements that convey a sense of arrival into
the development. Examples include, but are not limited to, specimen trees,
boulder groupings, textured or stamped concrete, and monument signage.
21. Special attention shall be given to the use of aesthetic treatments, such as
colored/textured paving or decorative gates, that contribute to the overall
image and connectivity of the development.
22. New mixed use development shall relate to adjacent single-family residential
districts in the following ways:
a. By stepping down the scale, height, and density of buildings at the
edges of the project adjacent to less intense development. Step the
building down at the ends or sides nearest a single-family unit, to a
height similar to that of the adjacent single-family unit (or of typical
single-family residences in the vicinity if adjacent to an undeveloped
single-family zoning district).
b. By incorporating architectural elements and materials that are similar to
those used in the neighborhood.
c. By locating parking areas within the project interior or at the side or
back when necessary to achieve the "residential front yard" appearance.
d. By avoiding, wherever feasible, the construction of walls on local streets
in existing neighborhoods where the wall would be located opposite
front yards.
F. Mixed Use Incentives.
1. Mixed use projects that provide a minimum of thirty percent of total project
square footage for retail uses shall receive a density bonus of ten percent for
the residential component of the project.
2. Mixed use projects that include pedestrian, bicycle and golf cart circulation and
facilities (paths, shaded parking, etc.) separate from vehicular circulation and
facilities can reduce their vehicle parking requirement by fifteen percent.
50
3. Development proposals for mixed use projects shall receive expedited
entitlement and building permit processing.
4. Mixed use projects shall receive a ten percent reduction in plan check and
inspection fees.
5. Mixed use projects that include a minimum of two public spaces or gathering
features, as deemed of sufficient size and purpose by the city, shall receive a
density bonus of up to fifteen percent. (Ord. 553 § 1, 2017; Ord. 550 §1, 2016)
9.150.050 Determination of spaces required.
A. Method of Determination. Off-street vehicle parking requirements shall be determined
and provided in accordance with this section when the subject building or structure is
constructed or a use is established or changed. In determining such off-street parking
requirements, the city may use the alternative methods described in this section. The
city reserves the option of requiring the use of more than one of these methods,
depending on the type, size and mix of uses in a proposed development.
B. In the Village Build -Out Plan Area, a reduction of fifty percent is allowed, and any
variation of the parking standard can be approved by the director. No additional off-
street parking is required for a change in nonresidential use. Development projects are
required to provide all of the parking for residential development on-site, and a
minimum of half the required spaces for commercial development on-site. Parking
spaces required but not provided on-site can be provided through the preparation of a
parking plan that can include:
1. Use of on -street parking spaces immediately adjacent to the project.
2. A shared parking agreement with adjacent property owner.
3. A fair share contribution to the in lieu fee program.
4. An allocation of surplus parking spaces from ninety percent of the Village
parking study parking supply at high season peak, as annually updated by the
city, if on-site parking provided for nonresidential land use on the project site is
contractually dedicated as public shared parking, and signage is provided to
allow public parking on the project site.
5. Other methods approved in a site development permit.
C. Alternative Methods. Section 9.150.060 specifies the standard number of parking
spaces required for most land uses. This schedule is required unless the applicant can
show to the satisfaction of the city decision-making authority that it does not apply.
Other alternative methods herein below may then be employed to determine the
required parking spaces:
1. A recognized authority's shared parking methodology for calculating the peak
demand over time for parking in a development of mixed uses using the same
parking facilities as specified in Section 9.150.070;
2. A city methodology for calculating the parking demand for extremely complex
or unusual uses or combinations of uses for which the standard schedule, a
51
recognized authority's methodology and/or verifiable data are not applicable.
Some or all of the following factors may be utilized in this methodology:
expected numbers of occupants, employees, customers or visitors, vehicles
stationed on the site, service and loading spaces required, handicapped spaces
required, emergency access considerations and use of parking by unauthorized
vehicles.
D. Parking In -Lieu Program. The city may permit required parking spaces in the Village
Build -Out Plan Area to be reduced through execution of a parking agreement, subject
to the following requirements:
1. A binding agreement, recorded against the property, between this city and the
property owner. The agreement shall contain, at a minimum, all of the
following:
a. The agreement shall be binding upon the parties thereto, their heirs,
successors and assigns, and shall run with the land;
b. A payment schedule with a payment period not exceeding four years. If
an assessment/benefit or parking improvement district is established,
the obligation of the property owner shall become due and payable
under the terms of such district;
c. A cash mitigation payment. The amount per space shall be established
as determined by the planning and public works divisions, plus an
inflation factor. The amount will be calculated at the time of agreement
execution.
2. An irrevocable offer from the property owner to participate in any future
assessment/benefit or parking improvement district that may be formed in the
VC or MU overly districts.
3. The money collected may be released to a city -created parking
assessment/benefit or parking improvement district, or may be used in the
furtherance of general parking improvements in the VC or MU overlay districts,
at the option of the city. Any financial obligation issued against such property
shall be reduced accordingly to the amount of mitigation money paid at the
time of the district formation.
4. The property owner shall secure the mitigation payment by providing the city
with a second deed of trust in the amount of the total mitigation payment.
E. Incentive Based Parking Adjustments. In all districts, the following may result in a
reduction in parking spaces of up to fifteen percent, subject to approval by the
planning commission:
1. Permanent, non -vegetation shade structures covering fifty percent of all
parking spaces.
2. Increased landscaping and public spaces.
3. Pedestrian improvements not located in the right-of-way or project driveways.
4. Vehicular and nonvehicular connections between projects.
5. Use of pervious surfaces for drainage, or creative drainage solutions.
52
6. New commercial and mixed use development providing preferred parking
locations for electric and other alternative fuel vehicles.
7. Developments that provide a minimum of two parking spaces or of the
minimum number of spaces, whichever is greater, for golf carts and
neighborhood electric vehicles (NEV) shall receive a parking credit reduction
equal to five percent of the standard parking spaces required for that
development. (Ord. 553 § 1, 2017; Ord. 550 § 1, 2016)
9.150.080 Parking facility design standards.
A. Parking Layout and Circulation.
1. Except for single-family detached, single-family attached, duplex and
townhome residential uses, no parking facility shall be designed so that
vehicles are required to back into a public street to exit the facility.
2. No parking space shall be located within three feet of any property line.
3. With the exception of single-family detached, single-family attached and
duplex residential uses, all parking bays shall be bordered by continuous curbs.
Individual wheel stops shall not be permitted in lieu of such curbs.
4. All driveways shall be designed for positive drainage.
5. Parking bays with ten spaces or more shall connect with other parking bays or
drive aisles or shall provide a turnaround area at the end of the bay.
6. Parking access ways are those driveways that provide ingress or egress from a
street to the parking aisles;- and those driveways providing interior circulation
between parking aisles. No parking is permitted on an access way.
7. Joint entry driveways are encouraged and shall be arranged to allow parking lot
maneuvering from one establishment to another without requiring exit to the
street. Adjacent properties shall maintain agreements which permit reciprocal
driveway connections across property lines.
B. Parking Facility Design and Dimensions.
1. Regular Space Dimensions. Regular vehicle spaces shall have the following
minimum dimensions: width, nine feet; length, seventeen feet to curb plus two
feet overhang; where curbs are not provided, a minimum length of nineteen
feet is required.
2. Compact Space Dimensions. Compact parking spaces can make up twenty
percent of required parking spaces. Compact vehicle spaces shall have the
following minimum dimensions: width, eight and one-half feet; length, sixteen
feet to curb plus one and one-half feet overhang; where curbs are not provided,
a minimum length of seventeen and one-half feet is required. Compact vehicle
spaces shall be clearly marked and distributed throughout the parking facility.
3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall
shall be widened by two additional feet and/or shall have a backing -out pocket
provided.
53
4. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine
feet wide and twenty-four feet in length to permit room for maneuvering. If a
wall or curb in excess of eight inches in height is adjacent to the parallel parking
space, the space shall be ten feet in width. All end spaces confined by a curb
shall be thirty feet long.
5. Support Posts. No support posts or other obstructions shall be placed within one
and one-half feet of any parking stall, except that such obstructions are
allowed adjacent to the stall within the first six feet of the front of the stall,
including any overhang area (see illustration).
• CURB •
POSTS ALLOWED
IF MIN. '15' FROM
EDGE OF STALL
PARKING
SPACE
1171- 9' -H--x
OPTION OPTION
'A' °B°
X = WIDTH OF POST
POSTS
!N ALLOWED
B' IN FIRST 6'
OF STALL
(INCLUDING
OVERHANG}
OBSTRUC11ON-
FREE ZONE
Figure 9-10: Limitations on Obstructions Adjacent to Parking Stalls
6. Parking Aisles. Table 9-13 contains minimum dimensions for parking aisles:
Table 9-13 Minimum Parking Aisle Dimensions
Parking Angle (degrees)
One -Way Aisle Width
(feet)
Two -Way Aisle Width
(feet)
_ _
0-44
(0° = parallel)
14
26
45-54
16
26
55-64
18
26
65-79
22
26
80-90
26
26
54
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.
8. Residential Garages. Minimum interior dimensions in residential garages (wall-
to-wall) shall be based on providing ten feet in width and twenty feet in depth,
per required vehicle parking space. This applies to design of all required garage
parking spaces, whether in a tandem parking or side-by-side configuration.
C. Fire Lanes. Fire lanes shall be provided as required by the Fire Department.
D. Pedestrian Circulation.
1. All parking lots shall be designed to provide for the maximum safety and
convenience of pedestrians in their movement to and from the parking area.
2. Where possible, landscaped areas shall also contain paved pedestrian walks for
the safe movement of pedestrians.
3. On major driveways, crosswalks and sidewalks shall be provided.
4. Textured surfaces, signs and speed bumps shall be used to keep vehicular
speeds low.
E. Loading and Other Service Facilities.
1. Off -Street Loading Requirements. Table 9-14 shows the number and size of
loading berths required to satisfy the standards set forth in this subsection.
However, the planning commission may require more or less loading area if it
determines such change to be necessary to satisfy the purpose set forth in
subsection (E)(1)(a) of this section:
Table 9-14 Number of Loading Berths Required by Floor Area
Gross Floor Area (sq. ft.)
1,000-19,999
20,000-79,000
80,000-127,999
Minimum Loading Berths Required
1
3
128,000-191,999
4
192,000-255,999
5
256,000-319,999
6
320,000-391,999
Each additional 72,000 square feet or
fraction thereof
1 additional berth
a. Each loading berth shall be not less than forty-five feet in length and
twelve feet in width exclusive of aisle or maneuvering space, and shall
have an overhead clearance of not less than fourteen feet.
55
b. Loading berths may occupy all or any part of any required yard space
except front and exterior side yards and shall not be located closer than
fifty feet from any lot in any residential zone unless enclosed on all sides
(except the entrance) by a wall not less than eight feet in height. In
addition, the planning commission may require screening walls or
enclosures for any loading berth if it determines that such screening is
necessary to mitigate the visual impacts of the facility.
c. Off-street loading facilities shall be located on the same site as the use
served.
d. No area allocated to loading facilities may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-
street parking area be used to satisfy the area requirements for loading
facilities.
e. No loading berth which is provided for the purpose of complying with
the provisions of this section shall hereafter be eliminated, reduced, or
converted in any manner below the requirements established in this
title, unless equivalent facilities are provided elsewhere, conforming to
this chapter.
F. Parking Lot Surfacing.
1. All parking areas shall be designed and built with positive drainage to an
approved drainage conveyance. No ponding shall be permitted.
2. All parking and maneuvering areas shall be paved with paving blocks or
asphaltic or portland concrete over the appropriate asphaltic base. The
structural section of the pavement and base material shall be commensurate
with the anticipated loading and shall be calculated in accordance with the
method promulgated by the California Department of Transportation (Caltrans).
G. Valet Parking.
1. Valet parking shall be reviewed by the planning commission in conjunction with
the site development permit or other entitlement for the use or separately as a
minor use permit per the procedures of Section 9.210.020.
2. When valet parking is provided, a minimum of twenty-five percent of the
required parking area shall be designated and arranged for self -parking to
prevent on -street parking and blocking of fire lanes.
H. Shopping Cart Storage.
1. Every use which utilizes shopping carts shall provide a shopping cart collection
area or cart racks.
2. Cart racks shall be distributed so that no parking space within the facility is
more than 100 feet from the nearest cart rack in order to prevent parking
spaces from being lost to the random abandonment of shopping carts.
3. Each cart rack shall include either a steel frame or curbs on the lower side to
contain the shopping carts.
56
4. If sidewalks adjacent to stores are used for temporary storage of assembled
shopping carts, such sidewalks shall be designed with extra width so that
pedestrian flows are not blocked by shopping carts. The planning commission
may also require a screening wall or landscape screening in front of such a cart
storage area.
I. Underground and Decked Parking.
1. The minimum dimensions for underground, decked or covered parking shall be
as required for uncovered surface area parking as specified throughout this
section, except additional minimum dimensions may be required for specific
circulation conditions or structural impediments created by the parking
structure.
2. Landscaping shall be incorporated into parking structures to blend them into
the environment. This shall include perimeter grade planting and rooftop
landscaping as deemed appropriate by the planning commission.
3. Parking structures shall be subject to site development permit review in all
cases.
4. Multiple -level parking structures shall contain light wells (minimum dimensions:
twenty by twenty), placed at least every two hundred feet. The base elevation
of the light well shall be landscaped.
5. The planning commission may require that upper levels be set back from the
level immediately below in order to minimize the apparent mass of the
structure from the street.
J. Lighting of Parking and Loading Areas.
1. Illumination of parking and loading areas shall conform to the requirements of
this subsection and Section 9.100.150 (Outdoor lighting).
2. Light standard heights shall be as per manufacturer's recommended photo
metrics, but in no case shall the height exceed the maximum permitted
building height of the zone in which it is situated or eighteen feet (measured
from finish grade at the base of the standard), whichever is greater. Graduated
light standard heights within a site with lower heights in peripheral areas may
be required by the planning commission to provide compatibility with adjoining
properties and streets.
3. Average illumination levels at finish grade in parking areas which require
lighting shall be between one and two foot-candles, with a maximum ratio of
average light to minimum light of three to one. Lighting plans shall take into
account the placement and growth of landscape materials.
K. Screening of Parking Areas.
1. Screening Required. Except for single-family detached, single-family attached
and duplex residential, all parking areas shall be screened by means of walls or
other materials in accordance with this subsection.
2. Height. Screening shall be a minimum of three feet high adjacent to public
streets or nonresidential uses and a minimum of six feet high adjacent to
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residential uses, except that screening shall not exceed thirty inches high
where required for motorist sight distances as specified in Section 9.100.030.
3. Screening Walls.
a. Wall Materials. Walls shall consist of concrete, stucco, plaster, stone,
brick, tile or similar type of solid material a minimum of six inches thick.
Walls shall utilize durable materials, finishes, and colors consistent with
project buildings.
b. Wall Articulation. To avoid visual monotony, long straight stretches of
wall or fence shall be avoided. Walls and fences shall be varied by the
use of such design features as offsets (i.e., jogs), pilasters, open panels
(e.g., containing wrought iron), periodic variations in materials, texture
or colors, and similar measures. Screening walls or fences may also
include open portions (tubular steel, wrought iron, etc.) if the city
determines that the desired screening of parking areas and noise
attenuation is still achieved.
c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides
of perimeter walls to add visual softening except where determined
infeasible or unnecessary by the city. Where any parking or driveway
abuts a wall on property within a residential or commercial district, a
minimum three and a half foot wide landscaped planter, with a curb,
shall separate the parking area or driveway from the property line,
unless a greater setback is required by any other provisions of this
chapter.
4. Other Screening Materials. In addition to walls, if approved by the decision-
making authority, screening may consist of one or a combination of the
following materials:
a. Plant Screens and Berms. Plant materials, when used as a screen, shall
consist of compact evergreen plants or landscaped berms (earthen
mounds). Such planting shall be of a kind or used in such a manner so as
to provide screening with a minimum thickness of two feet within
eighteen months after initial installation. Width of landscape strips and
other landscaping standards shall be in accordance with subsection L of
this section.
b. Solid Fences. If permitted in the zoning district, a solid fence shall be
constructed of wood or other materials with a minimum nominal
thickness of two inches and shall form an opaque screen.
c. Open Fences. An open weave or mesh-type fence shall be combined
with plant materials to form an opaque screen.
L. Parking Facility Landscaping.
1. Purpose. Landscaping of parking lots is beneficial to the public welfare in that
such landscaping minimizes nuisances such as noise and glare, provides
needed shade in the desert climate, and enhances the visual environment.
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Therefore, landscaping shall be incorporated into the design of all off-street
parking areas in accordance with this subsection.
2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be
designed to preserve as many such trees as feasible (in the opinion of the
decision-making authority) in order to make the best use of the existing growth
and shade.
3. Screening. Screening of parking areas shall be provided in accordance with
subsection K of this section.
4. Perimeter Landscaping. Whenever any parking area, except that provided for
single-family dwellings, adjoins a street right-of-way, a perimeter planting strip
between the right-of-way and the parking area shall be landscaped and
continuously maintained. The width of the planting strip, measured from the
ultimate property line (i.e., after street dedication), shall be in accordance with
Table 9-15.
Table 9-15 Required Perimeter Landscaping
Street or Highway
Highway 111
Ima• a corridors
Other streets and highways
Minimum Width of Planting Strip (feet)
5. Interior Landscaping.
50
20
10
a. Within open parking lots (i.e., not including parking structures)
containing four or more parking spaces, landscaping equal to at least
five percent of the net parking area shall be provided within parking
areas. Perimeter planting strips shall not be credited toward this interior
landscaping requirement.
b. All open areas between curbs or walls and the property line shall be
permanently landscaped and continuously maintained.
c. Interior landscaping shall be distributed evenly throughout the entire
parking area.
d. All landscaped areas shall be separated from adjacent parking or
vehicular areas by a curb at least six inches higher than the parking or
vehicular area to prevent damage to the landscaped area.
6. Parking Lot Shading. Canopy -type trees shall be placed so as to shade a portion
of the total parking area within fifteen years in accordance with Table 9-16.
Table 9-16 Required Parking Lot Shading
Minimum Required Parking Spaces
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Minimum Percent of Parking Area to Be
Shaded
0-4
n/a
5 or more
50
a. A shade plan shall be submitted with detailed landscaping plans which
show canopies after fifteen years growth to confirm compliance with
the above percentage requirements.
b. Shade structures, such as trellises, may be credited for up to fifty
percent of the required parking lot shading specified in Table 9-16.
c. Tree locations should not interfere with required lighting of public areas
or parking areas.
7. Landscaped Planters. All planter beds containing trees shall be at least six feet
in width or diameter. All landscape planter beds not containing trees shall be at
least three feet in width or diameter.
8. Curbs Required. All landscaped areas shall be separated from adjacent parking
or vehicular areas by a curb or landscape planter at least six inches higher than
the parking or vehicular area.
9. Irrigation. Effective full -coverage irrigation systems shall be installed and
maintained in all landscaped areas so that landscaping remains in a healthy
growing condition and in compliance with the approved plan. All dead
vegetation shall be removed and replaced with the same size and species plant
material. Hose bibs shall be placed at intervals of not less than two hundred
feet. Irrigation water shall be contained within property lines.
10. Landscaping of Undeveloped Areas. All undeveloped areas within the interior of
any parking area, such as pads for future development, shall be landscaped
with appropriate plant material and maintained in good condition.
11. Landscape Plans. Landscape plans shall be submitted in conjunction with
grading and other development plans for all parking facilities with four or more
spaces, except for single-family detached, single-family attached and duplex
residential. Plans shall include all planting, hardscape, irrigation and other
items required by this subsection. Plant lists shall be included giving the
botanical and common names of the plants to be used and the container size
at time of planting.
M. Nonconforming Parking. The continuation of uses with parking which does not conform
to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter
9.270 (Nonconformities). (Ord. 550 § 1, 2016)
9.160.070 Permitted semi-permanent signs.
A. Definition. See Chapter 9.280.
B. Maximum Time Periods. No semi-permanent sign shall be posted for more than one
year. In addition, all semi-permanent signs shall be removed within ten days after the
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occurrence of the event, if any, which is the subject of the semi-permanent sign. (For
example, a semi-permanent sign advertising the future construction of a facility on the
site shall be removed within ten days after the facility has received a certificate of
occupancy, and a model home complex identification sign shall be removed within ten
days after the model homes are completed and sold.) The date of posting and permit
number shall be permanently and legibly marked on the lower right-hand corner of the
face of the sign.
C. Maximum Sign Area. Semi-permanent signs may not exceed thirty-two square feet in
area. The aggregate area of all semi-permanent signs placed or maintained on any
parcel of real property in one ownership shall not exceed sixty-four square feet. Area
shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030.
D. Maximum Height. Freestanding semi-permanent signs shall not exceed eight feet in
height. Semi-permanent signs which are posted, attached or affixed to multiple-floor
buildings shall not be placed higher than the finish floor line of the second floor of such
buildings and such signs posted, attached or affixed to single-floor buildings shall not
be higher than the eaveline or top of wall of the building. All heights shall be measured
to the highest point of the surface of the sign.
E. Maximum Number. In no case shall the number of signs on any parcel exceed ten.
F. Placement Restrictions. Semi-permanent signs may not be posted on public property,
as defined in Section 9.160.130. Semi-permanent signs may be posted off-premises
with the approval of the land owner of the premises and at the discretion of the city
manager or his/her designee. Semi-permanent signs may not be posted in a manner
which obstructs the visibility of traffic or street signs or signals or emergency
equipment. Temporary signs may not be posted on sites approved for semi-permanent
signs unless specifically authorized by the semi-permanent sign permit.
G. Sign Permit Required. Any person, business, campaign organization or other entity who
proposes to post or erect a semi-permanent sign shall make application to the
Planning Division for a semi-permanent sign permit.
1. Statement of Responsibility Required. Each applicant for a semi-permanent sign
permit shall submit to the Planning Division a statement of responsibility
certifying a natural person who will be responsible for removing each semi-
permanent sign for which a permit is issued by the date removal is required,
and who will reimburse the city for any costs incurred by the city in removing
each such sign which violates the provisions of this section.
2. Standards for Approval.
a. Within ten business days of the Planning Division's receipt of a semi-
permanent sign permit application, the director shall approve or
disapprove such application. If the director disapproves an application,
the notice of disapproval shall specify the reasons for disapproval. The
director shall approve or disapprove any permit application for semi-
permanent signs based on character, location and design, including
design elements such as materials, letter style, colors, sign type or
shape and the provisions of this section.
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b. In any event, no permit application shall be approved which proposes to
place in excess of ten semi-permanent signs on private or public
property which will be visible simultaneously from a single location and
orientation within the boundaries of the city.
c. The director's decision with respect to a permit application for a semi-
permanent sign may be appealed to the planning commission.
H. Time Extensions. The applicant may apply for a time extension of up to one year from
the date of expiration. The Director shall approve the application for an extension of
time upon finding that the semi-permanent sign is otherwise in compliance with the
requirements of this section and that the time extension is necessary to accomplish
the purposes for which the semi-permanent sign has been posted.
I. Maintenance and Removal of Semi-permanent Signs.
1. Maintenance. All semi-permanent signs shall be constantly maintained in a
state of security, safety and good repair.
2. Removal. If the city finds that any semi-permanent sign is unsafe or insecure, is
a menace to public safety or has been constructed, erected, relocated or
altered in violation of this section, the city shall give written notice to the owner
of the semi-permanent sign, or the person who has claimed responsibility for
the semi-permanent sign pursuant to subsection F of this section, that the
semi-permanent sign is in violation of this section, shall specify the nature of
the violation, and shall direct the owner of the semi-permanent sign or
responsible person to remove or alter such semi-permanent sign. If the city
cannot determine the owner of the sign or person responsible therefor, the city
shall post such notice on or adjacent to each semi-permanent sign which is in
violation. If the owner of the semi-permanent sign or the person responsible
therefor fails to comply with the notice within five days after such notice is
given the semi-permanent sign shall be deemed abandoned, and the city may
cause such semi-permanent sign to be removed and the cost thereof shall be
payable by the owner or person responsible for the semi-permanent sign to the
city. (Ord. 550 § 1, 2016)
9.160.090 Sign permit review.
A. Sign Permit Required. Sign permit approval is required prior to obtaining a building
permit for the placing, erecting, moving, reconstructing, altering or displaying any sign
on private property within the city, unless the review procedure is exempt under
Section 9.160.020 of this chapter or other provisions of this chapter. Signs requiring
approval shall comply with the provisions of this chapter and all other applicable laws
and ordinances. Signs legally existing prior to the effective date of the ordinance
codified in this chapter shall not require approval until such time as the sign is moved,
structurally altered, changed or relocated; at which time, the review and approval
provisions of this chapter shall apply before a sign permit and/or building permit is
issued.
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B. Submission Materials. The following shall be submitted by the applicant to the planning
division at the time of permit application unless otherwise modified by the director:
1. Completed sign application obtained from the city;
2. Appropriate sign plans with number of copies and exhibits as required in the
application;
3. Appropriate fees as established by city council resolution;
4. Letter of consent or authorization from the property owner, or lessor, or
authorized agent of the building or premises upon which the sign is to be
erected;
5. Sign plans with the following information:
a. Sign elevation drawing indicating overall and letter/figure/design
dimensions, colors, materials, proposed copy and illumination method,
b. Site plan indicating the location of all main and accessory signs existing
or proposed for the site with dimensions, color, material, copy and
method of illumination indicated for each,
c. Building elevations with signs depicted (for building -mounted signs).
C. Review Procedures—Standard Sign Application.
1. The standard sign application is used by the planning division to process the
following sign applications using the standards and provisions contained in this
chapter:
a. Two or less permanent signs;
b. Signs in conformance with a previously approved planned sign program
pursuant to subsection D of this section.
2. The director or other authorized staff member shall review standard sign
applications and shall make a determination to either approve, approve with
modification or deny the application. The review shall consider the size, design,
colors, character and location of the proposed signs.
3. A standard sign application shall only be approved after a finding that the
proposed sign is consistent with the purpose and intent of this chapter and the
regulations herein.
D. Review Procedures—Planned Sign Programs.
1. Planned Sign Programs. Planned sign program review per the provisions of this
subsection is required for submissions which: (1) include three or more
permanent signs; (2) are in conjunction with review of a site development
permit by the decision-making authority; or (3) include a request for a sign
adjustment to a sign previously approved under a planned sign program.
2. The director shall make a determination to either approve, approve with
modifications, or deny planned sign program applications in conjunction with
its review of the associated development project.
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3. The director, upon completion of its review, may attach appropriate conditions
to any sign program approval. In order to approve a planned sign program, the
decision-making authority must find that:
a. The sign program is consistent with the purpose and intent of this
chapter;
b. The sign program is in harmony with and visually related to:
i. All signs within the planned sign program, via the incorporation
of several common design elements such as materials, letter
style, colors, illumination, sign type or sign shape.
ii. The buildings they identify. This may be accomplished by utilizing
materials, colors, or design motif included in the building being
identified.
iii. Surrounding development. Implementation of the planned sign
program will not adversely affect surrounding land uses or
obscure adjacent conforming signs.
4. Modification of signs within a previously approved sign program shall be
reviewed by the director.
E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign
area, additional numbers of signs, an alternative sign location, an alternative type of
signage, new illumination or additional height may be granted by the director.
Applications for sign adjustments shall be submitted in writing on forms provided by
the director. The director shall make one or more of the following findings in
conjunction with approval of a sign adjustment:
1. Additional Area.
a. To overcome a disadvantage as a result of an exceptional setback
between the street and the sign or orientation of the sign location;
b. To achieve an effect which is essentially architectural, sculptural or
graphic art;
c. To permit more sign area in a single sign than is allowed, but less than
the total sign area allowed on the site, where a more orderly and
concise pattern of signing will result;
d. To allow a sign to be in proper scale with its building or use;
e. To allow a sign compatible with other conforming signs in the vicinity;
f. To establish the allowable amount and location of signing when no
street frontage exists or when, due to an unusual lot shape (e.g., flag
lot), the street frontage is excessively narrow in proportion to the
average width of the lot.
2. Additional Number. To compensate for inadequate visibility, or to facilitate
good design balance.
3. Alternative Locations.
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a. To transfer area from one wall to another wall or to a freestanding sign
upon the finding that such alternative location is necessary to overcome
a disadvantage caused by an unfavorable orientation of the front wall to
the street or parking lot or an exceptional setback;
b. To permit the placement of a sign on an access easement to a lot not
having street frontage, at a point where viewable from the adjoining
public street. In addition to any other requirements, the applicant shall
submit evidence of the legal right to establish and maintain a sign
within the access easement;
c. Additionally, alternative on-site locations may be granted in order to
further the intent and purposes of this chapter or where normal
placement would conflict with the architectural design of a structure.
4. Alternative Type of Sign. To facilitate compatibility with the architecture of
structure(s) on the site and improve the overall appearance on the site.
5. Additional Height. To permit additional height to overcome a visibility
disadvantage.
F. Disposition of Plans.
1. When revisions to sign plans are required as a condition of approval, the
applicant shall submit the required number of copies of the revised plans to the
planning division to be stamped "Approved." The department will retain copies
and a set will be returned to the applicant.
2. After approval is granted, it shall be the responsibility of the applicant to submit
all required applications, plans, bonds, and fees to the building and safety
department and the planning division for issuance of the building permit.
G. Sign Permit Expiration and Time Extensions.
1. Approval of a standard application or planned program application shall expire
one year from its effective date unless the sign has been erected or a different
expiration date is stipulated at the time of approval. Prior to the expiration of
the approval, the applicant may apply to the director for an extension of up to
one year from the date of expiration. The director may make minor
modifications or may deny further extensions of the approved sign or signs at
the time of extension if the director finds that there has been a substantial
change in circumstances.
2. The expiration date of the sign approval(s) shall automatically be extended to
concur with the expiration date of building permits or other permits relating to
the installation of the sign.
3. A sign approval shall expire and become void if the circumstances or facts upon
which the approval was granted changes through some subsequent action by
the owner or lessees such that the sign would not be permitted per this chapter
under the new circumstances.
H. Appeals. Any decision of the director made pursuant to this chapter may be appealed to
the planning commission and decisions of the planning commission may be appealed to
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the city council. The appeal must be made within fifteen calendar days of the decision
date, in accordance with Section 9.160.120. (Ord. 550 § 1, 2016)
9.160.130 Sign definitions.
For the purposes of this chapter, words and phrases relating to signs shall be defined as
follows:
"Abandoned sign" means a sign which is located on property which becomes vacant or
unoccupied or which pertains to any occupant or business unrelated to the premises' present
occupant or business, or a sign which pertains to a time, event or purpose which no longer
applies.
"Accessory sign" means a sign whose copy refers to the products, facilities or services
available on the premises.
"Advertising statuary" means an imitation or representation of a person or thing which is
sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric and
used to identify or advertise a product or service.
"Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property
or on private property so as to be visible from a public right-of-way which has attached
thereto, or located thereon, any sign or advertising device for the basic purpose of providing
advertisement of products or directing people to a business or activity located on the same or
nearby property or any other premises. This provision is not to be construed as prohibiting the
identification of a firm or its principal products on a vehicle operating during normal course of
business. Public buses or taxis are exempt from this prohibition.
"Animated sign" means any sign which includes action or motion or the optical illusion of
action or motion, or color changes of all or any part of the sign facing, requiring electrical
energy, or set in motion by movement of the atmosphere. Excluded from the definition are
public service message center signs and flags.
"Attraction board" means a sign capable of supporting copy which is readily changeable
without the use of tools, such as a theater marquee, and which refers to products, services or
coming events on the premises.
"Banner" means a temporary sign made of light -weight fabric, plastic, or similar material
hung either with or without frames.
"Billboard" means an off -premises sign with changing advertising copy or other changing
co
PY•
"Building -mounted sign" means a sign affixed to a building, painted directly on a wall or
erected against the wall of a building. Building -mounted signs include awning signs, fascia
signs, mansard roof signs, wall signs, window signs, projecting signs and under -canopy signs.
"Bulletin board" means a board, kiosk or wall area on which are affixed personal notices, lost -
and -found notices, business cards, and similar small informal notices referring to products,
services, activities, or other items not offered on the same premises. The term "bulletin
board" shall not include business identification signs or attraction boards.
"Business" means a commercial, office, institutional or industrial establishment.
66
"Canopy" means a fixed structure of any material and any length, projecting from and
connected to a building and/or columns and posts from the ground, or supported by a frame
extending from the building and/or posts from the ground.
"Construction sign" or "future facility construction sign" means a sign containing
information pertaining to a future development on the site where the sign is located, including
the name of the project, the developer, contractor, financing source, future occupant(s), and
other information directly related to the development.
"Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic
representations incorporated onto the face of a sign.
"Development" means, on land or in or under water: the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous, liquid,
solid or thermal waste; grading, removing, dredging, mining or extraction of any materials;
change in the density or intensity of use of land, including but not limited to subdivision
pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except
where the land division is brought about in connection with the purchase of such land by a
public agency for public recreational use; change in the intensity of use of water, or of access
thereto; construction, reconstruction, demolition or alteration of the size of any structure,
including any facility of any private, public or municipal utility; and the removal or harvesting
of major vegetation other than for agricultural purposes.
"Directional sign" means any sign which is designed and erected solely for the purpose of
traffic or pedestrian direction and which is placed on the property to which or on which the
public is directed. Such a sign contains no advertising copy.
"Director" or "planning director" means the planning director for the city of La Quinta or the
director's authorized agent or representative.
"Electronic message board sign" means a sign with a fixed or changing display composed of
a series of lights, but does not include time and temperature displays.
"Exempt sign" means a sign which is designated in this code as not subject to certain
regulations.
"Face of building wall" means the outer surface of any main exterior wall or foundation of a
building, including windows and store fronts.
"Fascia" means a parapet-type wall used as part of the fascia of a flat-roofed building and
projecting not more than six feet from the building face immediately adjacent thereto. Such a
wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or
the building.
"Flag" means a visual display device without copy, made of flexible material, usually cloth,
paper or plastic.
"Flashing sign" means any sign which contains an intermittent or flashing light source or
which includes the illusion of intermittent or flashing light by means of animation or an
externally mounted intermittent light source. Excluded from the definition are public service
message center signs.
"Freestanding sign" means a sign supported upon the ground and not attached to any
building. This definition includes monument signs and ground signs.
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"Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce
sale of a used item or items.
"Identification sign" or "ID sign" means a sign whose copy is limited to the name and
address of a building, business, office, establishment, person or activity.
"Illumination" means the method by which a sign is lighted so as to be readable at night. The
following types of illumination are provided for in this chapter:
1. "Direct illumination" means the lighting of the sign face from behind so that
the light shines through translucent sign copy or lighting via neon or other
gases within translucent tubing incorporated onto or into the sign face.
2. "Indirect illumination" means the lighting of an opaque sign face from a light
source mounted in front of the face, or the lighting of opaque sign copy (on an
opaque sign face) via lights mounted into the copy and shining rearward onto
the face to form a lighted "halo" around the copy (e.g., "reverse channel"
letters).
"Landscaping" means any material used as a decorative feature, such as shrubbery or
planting materials within planter boxes or concrete bases, used in conjunction with a sign
which expresses the theme of the sign and related structure but does not contain advertising
copy. All landscape areas shall be maintained in a healthy and viable condition for the life of
the sign.
"Logo" means a trademark or symbol of an organization.
"Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard
roof" is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty
degrees or greater with the horizontal plane.
"Monument sign" means a freestanding sign mounted on a low -profile solid base or a fence,
or a freestanding wall, as distinguished from support by poles.
"Multiple -building complex" means more than one structure on a parcel of land housing
commercial uses in which there are appurtenant shared facilities (such as parking or
pedestrian mall), and which is designed to provide an area in which the public can obtain
varied products and services. Distinguishing characteristics of a multiple -building complex
may, but need not, include common ownership of the real property upon which the center is
located, common -wall construction, and multiple -tenant commercial use of a single structure
or structures in multiple buildings.
"Multiple -tenant (commercial) building" means a commercial development in which there
exists a number of separate commercial activities, in which there are appurtenant shared
facilities (such as parking or pedestrian mall), and which is designed to provide a single area in
which the public can obtain varied products and services. Distinguishing characteristics of a
multiple -tenant commercial building may, but need not, include common ownership of the
real property upon which the center is located, common -wall construction and multiple -
occupant commercial use of a single structure.
"Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on
any part of the sign structure.
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"Off-premises sign" means a sign that incorporates a business name and/or advertises
products or services that are located, sold, produced, or otherwise furnished elsewhere than
on the premises on which the sign is located.
"On-premises sign" means a sign referring to a person, establishment, merchandise, service,
event or entertainment which is located, sold, produced, manufactured, provided or furnished
on the premises where the sign is located.
"Parapet wall" means a wall extending above the roof plane of the building.
"Permanent sign" means any sign which is intended to be and is so constructed as to be a
lasting and enduring condition, remaining unchanged in character, condition (beyond normal
wear) and position and in a permanent manner affixed to the ground, wall or building,
provided the sign is listed as a permanent sign in this chapter.
"Political campaign sign" or "political sign" means a sign indicating the name and/or picture
of an individual seeking election to a public office, or relating to a forthcoming public election,
referendum, initiative, or to the advocating by persons, groups or parties of political views or
policies.
"Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is
readily movable and is equipped with wheels, casters or rollers or which is not permanently
affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a
stationary advertising display, the primary purpose of which is to serve as a base or platform
for the sign.
"Premise" Means a parcel of land including its buildings or other appurtenances.
"Projecting sign" means any sign with two parallel faces no more than eighteen inches apart
projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces or
secondary supports are visible.
"Private property" means any property other than public property.
"Public property" means any real or personal property in which the city or any other
governmental entity or any publicly regulated utility company possesses an ownership
interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone,
streetlamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power,
telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police
telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain,
life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median,
public park or other publicly owned property or structure.
"Public service message center sign" means an electronically or electrically controlled sign or
portion of a larger sign which conveys only information such as time, date, temperature,
atmospheric condition or general news information where different alternating copy changes
are shown on the same lamp bank matrix.
"Real estate sign" means a sign advertising the sale, lease or rent of the property upon which
it is located and the identification of the person or firm handling such sale, lease or rent.
"Roof sign" means any sign erected upon or above a roof or parapet wall of a building or
placed above the apparent flat roof or eaves of a building.
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"Seasonal sales sign" means a sign used to advertise a business or merchandise held
seasonally for a limited interval, all or most of whose business is conducted or whose
merchandise is displayed in an outdoor area.
"Sign" means any medium for visual communication, including but not limited to words,
symbols and illustrations, together with all parts, materials, frame and background, which is
used or intended to be used to attract attention to, identify or advertise an establishment,
product, service, activity or location, or to provide information.
"Sign area" means the following:
1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face,
including nonstructural perimeter trim but excluding structures or uprights on
which the sign is supported.
2. Window Signs. Window sign area shall be considered to be the entire area of
any sign placed on or inside a window and not painted directly on the glass. For
signs painted directly on the glass, area measurement shall be the same as
that for wall signs, following.
3. Individual Letters. The area of wall or window signs composed of individual
letters painted on or otherwise affixed to the wall or window shall be
considered to be the area within the single continuous perimeter encompassed
by a straight-line geometric figure which encloses the extreme limits of the
letters or other characters.
4. Double -Faced Signs. If a sign is double-faced with only one face visible from
any ground position at one time, its sign area shall be considered to be the area
of either face taken separately. Thus, if the maximum permitted sign area is
twenty square feet, a double-faced sign may have an area of twenty square
feet per face.
5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be
considered to be the sum of the areas of each individual face. Thus, if a sign has
four faces and the maximum permitted sign area is twenty square feet, the
maximum allowable area for each face is only five square feet.
6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e.,
those signs having empty spaces between copy panels, shall be considered to
be the entire area encompassed by the sign face, including the empty spaces
between panels.
"Sign face" means the exterior surface of a sign exclusive of structural supports, on which is
placed the sign copy.
"Sign height," "height of sign," or "height" means the following:
1. For building -mounted signs, the distance from the average finish grade directly
beneath the sign to the top of the sign.
2. For freestanding signs, the distance from top of curb of the nearest street (or
the edge of pavement of such street where there is no curb) to the top of the
sign or any vertical projection thereof, including supporting columns and/or
design elements. However, in cases where the director determines that a
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freestanding sign is not oriented to any particular street or is too far from such
a street to reasonably apply the foregoing standard, sign height shall be
measured from the average finish grade at the base of the sign.
"Sign permit" means an entitlement from the city to place or erect a sign.
"Sign program" means the method of review and approval of signs by one of the following
two procedures:
1. Standard Sign Application. The review and approval of standard sign
applications is conducted by the planning director consistent with the
regulations and standards as identified for various signs in this chapter.
2. Planned Sign Program. The review and approval of applications for signs under
this program is conducted by the decision-making authority. The decision-
making authority may exercise discretion to provide additional flexibility in the
application of the regulations of this chapter.
"Sign structure" means the structural supports, uprights and bracing for a sign.
"Special event sign" means a sign used to announce a circus, carnival, festivals or other
similar events.
"Subdivision sign" means a sign containing the name, location or directions to a builder,
developer, and pertinent information about a subdivision for which there is a properly
approved and recorded map and in which homes remain to be constructed or initially sold.
"Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover,
awning, ceiling or marquee.
"Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the
exterior wall of a building or structure in such a manner that the face of the sign is
approximately parallel to the exterior wall of the building and exposed to the exterior side of
the building. Signs or advertising displays in or on windows are not considered wall signs.
"Window sign" means any sign painted on or attached to a window or located inside within a
distance equal to the greatest dimension of the window (either width or height) and designed
to be viewed from the outside of the building in which the window is located. (Ord. 550 § 1,
2016)
9.200.020 Authority.
A. Decision -Making Authority. Table 9-23 specifies the decision-making authority for each
of the various actions described in this code. An "A," "PH" or "CC" means that the
official or body at the top of the column has decision-making authority for the
application. An "A" means that the application is reviewed administratively without a
public hearing. A "PH" means that a public hearing is required before action is taken.
An "R(PH)" means that the planning commission is responsible for holding a public
hearing and forwarding a recommendation to the city council. A "CC" means that the
city council is responsible for considering the site development permit as a consent
calendar item.
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Table 9-23 Discretionary Review Authority
1 PH = Decision-making body (public hearing required)
R(PH) = Recommending body (public hearing required)
A = Administrative review by director (no public hearing)
Type of Application
Decision -Making Authority
Staff
Planning
Commission
City Council
General plan amendment
R(PH)
PH
Zoning code amendment
R(PH)
PH
Zone change
R(PH)
PH
Specific plan
R(PH)
PH
Development agreement
R(PH)
PH
Variance
PH
Conditional use permit
PH
Site development permit (not within scope of
LQMC Section 9.210.010(D)(2))
PH
Site development permit***
A
PH
Minor use permit
A*
Minor adjustment
A*
Temporary use permit
A*
Home occupation permit
A**
Sign permit
A*
Sign program
A*
Subdivisions
Per city subdivision code
Substantial compliance review
A*
Environmental review
Per city environmental
review procedures
* By Director
** By director of building and safety
*** Subject to the provisions of 9.210.010.
**** Also see Title 13, Subdivisions.
B. Administrative Action. Actions to be taken administratively per Table 9-23 are those
which are relatively minor in nature and with relatively little potential for adverse
impacts on the surrounding community or the environment. A public hearing or public
notification is not required for administrative actions, although the director may notify
residents or property owners near the subject property if the director determines on a
case-by-case basis that the public interest would be served by such notification.
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C. Public Hearings. Public hearings shall be noticed and held in accordance with Section
9.200.110 for those applications shown in Table 9-23 as requiring a hearing. (Ord. 550 §
1, 2016)
9.280.030 Definition of terms.
"Abandoned" means a structure or use, the development or operation of which has been
ceased or suspended.
"Abutting" or "adjacent" means two or more parcels sharing a common boundary at one or
more points.
"Access/egress" means provision for entering a site from a roadway and exiting a site onto a
roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of which is
subordinate and incidental to the main building or use on the same building site. As it pertains
to Section 9.140.060, Equestrian Overlay District, "accessory building" means any building
subordinate to a permitted or conditionally permitted equestrian use, including, but not
limited to, hay and tack barns, stables and other structures and uses customarily appurtenant
to the primary permitted use. Also pertaining to Section 9.140.060, Equestrian Overlay District,
"accessory structure" means any structure subordinate to a permitted or conditionally
permitted equestrian use, including, but not limited to, arenas, grandstand seating, corrals,
exercise rings, and other structures associated with the permitted use. Fences are not
considered structures for the purposes of this section.
"Accessory use" means a land use subordinate and incidental to the principal use on the
same building site.
"Actual construction" means the actual placing of construction materials in their permanent
position fastened in a permanent manner except that where a basement is being excavated,
such excavation shall be deemed to be actual construction, or where demolishing or removal
of an existing building or structure has begun, such demolition or removal shall be deemed to
be actual construction, providing in all cases that actual construction work be diligently
carried on until the completion of the entire building or structure involved.
"Administrative office" means a place of business for the rendering of service or general
administration, but not including retail sales.
Adult Business, Adult Entertainment Business or Adult Oriented Business. See "sexually
oriented business," Chapter 5.80 of the municipal code.
Advertising Device or Display. See sign definitions, Section 9.160.130.
"Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the
California Health and Safety Code. "Affordable housing unit" means a dwelling unit within a
housing development which will be rented or sold to and reserved for very low income
households, lower income households, moderate income households (where qualified) and/or
senior citizens at an affordable housing cost for the respective group(s) in accordance with
Section 65915 of the California Government Code and Section 9.60.260 of this Code.
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"Affordable rent" means that level of rent defined in Section 50053 of the California Health
and Safety Code.
"Agricultural activity, operation, or facility, or appurtenances thereof" includes 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.
"Alley" means a secondary means of access to abutting property located at the rear or side of
the property.
"Alteration" means any physical change in the internal or external composition of a building
or other structure.
Animal Hospital or Animal Clinic. See "veterinary clinic."
"Antenna" means a device for transmitting or receiving radio, television, satellite, microwave
or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and used for
occupancy by one family on a rental basis.
"Apartment building or apartment project" means a building or group of buildings in a single
ownership with three or more dwelling units per building and with most or all units occupied
on a rental basis.
Area, Project Net. See "project net area."
"Arena" means an enclosure physically similar to a corral, designed and constructed so as to
be used for conducting equine -related entertainment and events open to the public, including,
but not limited to, rodeos, polo matches, riding shows and exhibitions, etc.
"Attached structures" means two or more structures which are physically connected with a
wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any
other structure, fixture or device that exceeds thirty inches in height above the finished grade.
Attached Dwelling or Attached Residential. See "dwelling, attached."
"Automobile repair specialty shop" means a retail and service place of business engaged
primarily in light repair and sale of goods and services for motor vehicles, including brake,
muffler and tire shops and their accessory uses. Heavier automobile repair such as major body
and paint work, transmission repair, or engine repair are not included in this definition.
"Automobile service station" means a retail place of business engaged primarily in the sale of
motor fuels and supplying those incidental goods and services which are required in the day-
to-day operation of motor vehicles.
"Automobile wrecking" or "automobile dismantling" means the storage or taking apart of
damaged or wrecked vehicles or the sale of such vehicles or their parts.
"Awning" means a roof -like cover that is attached to and projects from the wall of a building
for the purpose of decoration and/or providing shielding from the elements.
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"Bar and cocktail lounge" means an establishment whose primary activity is the service of
alcohol, beer or wine.
"Basement" means a habitable building level which is partly or completely underground. A
basement shall be counted as a building story if more than five feet of the height of any
portion is above adjoining finish grade.
"Bed and breakfast" means a residential dwelling occupied by a resident, person, or family,
containing individual living quarters occupied for a transient basis for compensation and in
which a breakfast may be provided to guests. The breakfast provided shall not constitute a
restaurant operation and may not be provided to persons other than guests of the inn.
"Bedroom" means any habitable room that may be used for sleeping purposes other than a
kitchen, bathroom, hallway, dining room or living room.
"Berm" means a mound or embankment of earth.
Billboard. See sign definitions, Section 9.160.130.
"Boardinghouse" means any building or portion thereof with access provided through a
common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a
monthly basis or longer and meals are provided.
"Buildable area" means the portion of a building site remaining after deducting all required
setbacks and meeting any requirements regarding maximum lot coverage or minimum open
area.
"Building" means an enclosed structure having a roof supported by columns or walls.
"Building height" means the height of a building relative to the surrounding ground area.
Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010.
Building, Main. "Main building" means the building containing the main or principal use of the
premises.
Building, Relocatable. "Relocatable building" means a building which is not placed on a
permanent foundation and is designed to be movable from one location to another without
the need for a special permit such as that required to move a conventional house. Relocatable
buildings include but are not limited to mobilehomes, construction trailers, and modular
buildings.
"Building site" means a parcel or contiguous parcels of land established in compliance with
the development standards for the applicable zoning district and the city's subdivision code.
"Building site area" means the horizontal area within a building site expressed in square feet,
acres or other area measurement.
Building Site Coverage. See "lot coverage."
Building Site, Panhandle or Flag. See "lot" definitions.
Building Site, Through. "Through building site" means a building site having frontage on two
parallel or approximately parallel streets. See "through lot."
Business Park. See "industrial park."
"CEQA" means the California Environmental Quality Act.
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"Caretaker" means a person who lives on the premises for the purposes of managing,
operating, maintaining or guarding the principal use or uses permitted on the premises.
"Caretaker residence" means a residential unit not exceeding one thousand 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.
"Carport" means a roofed structure or a portion of a building which is open on two or more
sides for the parking of automobiles belonging to the occupants 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.
"Cellar" means a nonhabitable building level which: (1) has more than one-half of its height
below the adjoining finish grade at all points; and (2) has a floor area no more than one-half
that of the floor immediately above. A cellar is not counted as a building story.
"Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by
the city prior to occupancy of a structure or the establishment of a land use to assure that the
structure or parcel is ready for occupancy or use and that all ordinance requirements and
project conditions of approval are fulfilled.
"Child day care center" or "preschool" means a child day care facility operated by a person,
corporation or association used primarily for the provision of daytime care, training or
education of children at any location other than their normal place of residence. The
maximum number of children accommodated is determined by state licensing provisions and
city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State Health and
Safety Code, a facility which provides nonmedical care to children under eighteen years of age
in need of personal services, supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual on less than a twenty -four-hour basis. Child
day care facility includes both child day care centers and child day care homes.
"Child day care home" or "family day care home" means, consistent with Section 1596.78 of
the State Health and Safety Code:
1. "Family day care home" means a home that regularly provides care,
protection, and supervision for fourteen or fewer children, in the provider's own
home, for periods of less than twenty-four hours per day, while the parents or
guardians are away, and is either a large family day care home or a small
family day care home.
2. "Large family day care home" means a home that provides family day care for
seven to fourteen children, inclusive, including children under the age of ten
years who reside at the home.
3. "Small family day care home" means a home that provides family day care for
eight or fewer children, including children under the age of ten years who reside
at the home.
"City" means the city of La Quinta.
"City council" means the city council of the city of La Quinta.
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"Cleaning plant or laundry plant" means a central processing facility for dry cleaning or
laundering of clothing and fabrics collected from and returned to patrons and dry cleaning
and laundry agencies.
Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical
or mental health service and medical or surgical care of the sick or injured, but not including
inpatient or overnight care.
"Club" means an association of persons for some common purpose, but not including
organizations which provide goods or services and which are customarily carried on as
businesses.
"Code" means this zoning code unless another code, ordinance or law is specified.
"Commercial" means operated or conducted on a frequent basis for the purpose of financial
gain.
"Commercial Filming" means the production of still or moving pictures on public property.
Commercial Center. See "shopping center."
"Commercial recreation" means any use or activity where the primary intent is to provide
amusement, pleasure or sport but which is operated for financial gain. It includes
establishments where food and beverages are sold as a secondary or ancillary use, but does
not include restaurants, nightclubs and cocktail lounges.
"Commercial stable" means any facility specifically designed or used for the stabling of
equine animals not owned by the residents of the subject property, for purposes such as on-
site breeding, boarding, training, riding or other recreational use as a commercial service to
the owners of said animals.
"Commercial vehicle" means a vehicle customarily used as part of a business for the
transportation of goods or people.
"Commission" means the planning commission of the city unless another commission is
indicated.
"Common interest development" bears the same meaning as defined in Section 1351 of the
California Civil Code.
"Community apartment project" means a project in which an undivided interest in the land is
coupled with the right of exclusive occupancy of any apartment located thereon.
"Community auction and sales yard" means a facility which periodically holds auctions of
farm equipment, fixtures and other related materials in an enclosed building.
Community Care Facility. See "residential care facility."
Conditional Use Permit. See "use permit."
"Community Center" means a non-commercial use established for the benefit and service of
the population of the community in which it is located, including senior centers.
"Condominium" means, consistent with Section 1351 of the State Civil Code, an undivided
interest in common in a portion of real property coupled with a separate interest in space in a
residential, industrial or commercial building on such real property, such as an office or store
or multifamily dwelling. A condominium may include, in addition, a separate interest in other
portions of such real property.
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"Condominium hotel" means a "hotel" or "group hotel" all or part of which constitutes a
condominium project in which one or more of the units are individually owned, but are
intended to be available for "transient" use (as those terms are defined in Section 3.24.020 of
the La Quinta Municipal Code), when not being used by the unit owner. See also "first class
condominium hotel."
"Congregate care facility" means a facility providing care on a monthly basis or longer and
which is the primary residence of the people it serves. It provides services to the residents
such as the following: dining, housekeeping, security, medical, transportation and recreation.
Any commercial services provided are for the exclusive use of the occupants of the facility.
Such a facility may be located in more than one building and on contiguous parcels within the
building site.
"Congregate living facility" means a single family residential facility which is licensed by the
state to provide living and treatment facilities on a monthly or longer basis for six or fewer
developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or
drug abuse and which is permitted in single family residences by operation of state law. (See
also "residential care facility.")
"Convalescent home" or "convalescent hospital" means a facility licensed by the State
Department of Health Services which provides bed and ambulatory care for more than six
patients with postoperative convalescent, chronic illness or dietary problems and persons
unable to care for themselves, including persons undergoing psychiatric care and treatment
both as inpatients and outpatients, but not including persons with contagious diseases or
afflictions. A convalescent home may also be known as a nursing home, convalescent
hospital, rest home or home for the aged.
"Conversion project" means an apartment house or multiple or group dwelling which is
existing, under construction or for which building permits have been issued, and which is
proposed for conversion to a residential condominium, community apartment, residential
stock cooperative or planned development.
Corner Lot. See definitions under "lot."
"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.
"Cottage food operation" means an enterprise wherein an individual prepares and packages
non -potentially hazardous foods in a primary residential dwelling unit, which serves as his or
her private residence, said foods being for the direct and/or indirect sale to consumers, and
that does not have more than one full-time equivalent employee, and generates not more
than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014; 3)
$50,000 in gross annual sales in 2015 and beyond as identified in California Health and Safety
Code Section 113758.
"County" means the county of Riverside unless another county is indicated.
Day Care Center. See "child day care center."
"Decision-making authority" or "decision-making body" means a person or group of persons
charged with making decisions on proposals, applications, or other items brought before the
city.
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"Density" means the number of dwelling units per gross acre, unless another area
measurement is specified.
"Density bonus" means a density increase over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of the general plan as of
the date of application by the applicant to the city.
"Detached building or structure" means a building or other structure that does not have a
wall or roof in common with any other building or structure.
"Development" means, on land or in or under water: the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous, liquid,
solid or thermal waste; grading, removing, dredging, mining or extraction of any materials;
change in the density or intensity of use of land, including, but not limited to, subdivision
pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except
where the land division is brought about in connection with the purchase of such land by a
public agency for public recreational use; change in the intensity of use of water, or of access
thereto; construction, reconstruction, demolition or alteration of the size of any structure,
including any facility of any private, public or municipal utility; and the removal or harvesting
of major vegetation other than for agricultural purposes.
"Development standard" means site or construction conditions that apply to a housing
development pursuant to any ordinance, general plan element, specific plan, charter
amendment, or other local condition, law, policy, resolution, or regulation.
"Director" or "planning director" means the city manager or his/her designer.
District. See "zoning district."
District, Nonresidential. See "nonresidential district."
District, Residential. See "residential district."
District, Special Purpose. See "special purpose district."
"Downtown Village directional sign panel" means an interchangeable sign panel which does
not require a sign permit, mounted on a monument base structure. The sign panels list
businesses in the Village commercial zoning district.
"Drive-in" or "drive-through" means designed or operated so as to enable persons to receive
a service or purchase or consume goods while remaining within a motor vehicle.
"Driveway" means a vehicular passageway providing access from a public or private street to
a structure or parking area or, in the case of residences, to a garage, carport, or legal parking
space. A driveway is not a street.
"Driveway approach" means a designated area between the curb or traveled way of a street
and the street right-of-way line that provides vehicular access to abutting properties. When
vehicular access to a building site is provided by way of a common driveway, the driveway
approach is the line of intersection where the individual driveway abuts the common
driveway.
"Duplex" means a permanent building containing two dwelling units on a single lot.
"Dwelling" means a building or portion thereof designed and used for residential occupancy,
but not including hotels or motels.
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Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one or
more other main dwelling units by means of a roof or interior wall.
Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the
dwelling unit permitted as the principal use of a parcel or building site, either by itself or with
other dwelling units (as in multifamily buildings).
Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or more
dwelling units on a single parcel or building site.
Dwelling, Single -Family. "Single -family dwelling" means one main dwelling unit on a single
parcel or building site.
Dwelling, Single -Family Attached. "Single -family attached dwelling" means a main dwelling
unit attached to one other main dwelling unit by means of a roof and/or interior wall, with
each dwelling unit occupying its own lot.
Dwelling, Single -Family Detached. "Single -family detached dwelling" means a main
dwelling unit not attached to any other main dwelling unit.
Dwelling, Patio Home. "Patio home dwelling" means a single -family detached dwelling
shifted to one side of the lot, i.e., placed on the lot so that one side setback is zero or nearly
zero and the other side setback is larger than if both side setbacks were approximately equal.
Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached typically
to two or more other main dwelling units by means of a roof and/or interior wall, with each
dwelling unit occupying its own lot.
"Dwelling unit" means one or more rooms, including a bathroom and kitchen, designed and
used for occupancy by one family for living and sleeping purposes.
Dwelling Unit, Second. See "second residential unit."
"Easement" means a recorded right or interest in the land of another which entitles the
holder thereof to some use, privilege or benefit in, on, over or under such land.
"Educational institution" means a private or public elementary or secondary school, college
or university qualified to give general academic instruction equivalent to the standards
prescribed by the state board of education.
"Elevation" means the vertical distance above sea level.
"Emergency shelter" means housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person. No individual or
household may be denied emergency shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or kitchen or
cooking facilities„ for the housing of domestic employees and located upon the same building
site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced only by
windows, vents or customary entrances and exits.
"Environmental review" means all actions and procedures required of the city and of
applicants by the California Environmental Quality Act ("CEQA," State Public Resources Code
Section 21000 et seq.), the CEQA Guidelines (Public Resources Code Section 15000 et seq.) and
local environmental procedures.
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"Exception" means a city -approved deviation from a development standard based on the
following types of findings by the decision-making authority:
1. General finding such as that notwithstanding the exception, the resulting
project will still be consistent with the goals and/or policies underlying the
development standard; and
2. One or more specific findings justifying the particular exception requested.
"Family" means one or more persons occupying one dwelling unit. The word "family" includes
the occupants of congregate living and residential care facilities, as defined herein, serving six
or fewer persons which are permitted or licensed by the state. The word "family" does not
include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or motel.
Family Day Care Home. See "child day care home."
"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.
"First class condominium hotel" means a condominium hotel where both of the following
apply:
1. The condominium hotel has a brand operator or an independent operator that
is experienced in the upscale segment or luxury segment of the hospitality
industry as defined by J.D. Power and Associates; and
2. The condominium hotel satisfies the published requirements that will be
sufficient for a ranking of no fewer than three stars in the most recent annual
awards list published from time to time by AAA Travel Guides or by the Mobil
Travel Guide.
Flag. See sign definitions, Section 9.160.130.
Flag Lot or Panhandle Lot. See definitions under "lot."
"Flood" means a general and temporary condition of partial or complete inundation of land
areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface
waters from any source, or mudslides (i.e., mudflows) which are proximately caused or
precipitated by accumulations of water on or under the ground.
"Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the official
maps provided by the Federal Emergency Management Agency (FEMA) which delineate the
areas of special flood hazard, the risk premium zones and the floodways applicable to the city.
"Floodplain" means the land area adjacent to a watercourse and other land areas susceptible
to being inundated by water.
"Floodproofing" means any combination of structural and nonstructural additions, changes
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
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"Floodway" means the channel of a river or other watercourse and that part of the floodplain
reasonably required to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
Floor Area, Gross. See "gross floor area."
Floor Area, Livable. See "livable floor area."
"Floor area ratio" means the numerical value obtained by dividing the gross floor area of all
buildings, except parking structures, located on a building site by the building site area.
"Fraternity house" or "sorority house" means a building or portion of a building occupied by a
chapter of a regularly organized college fraternity or sorority officially recognized by an
educational institution.
Freestanding Sign. See sign definitions, Section 9.160.130.
Front Lot Line. See definitions under "lot line."
Gas Station or Service Station. See "automobile service station."
"Garage" means a building or portion of a building used primarily for the parking of motor
vehicles.
"General plan" means the general plan of the city of La Quinta.
"Government code" means the California Government Code.
Grade, Average. "Average grade" means the elevation determined by averaging the highest
and lowest elevations of a parcel, building site or other defined area of land.
Grade, Average Finish. "Average finish grade" means the elevation determined by averaging
the highest and lowest elevations of a parcel, building site or other defined area of land after
final grading.
Grade, Finish. "Finish grade" means the ground elevation at any point after final grading.
"Grading" means the filling, excavation or other movement of earth for any purpose.
"Granny flat or granny housing" means a secondary dwelling unit which is: (1) intended for
the sole occupancy of one or two adult persons sixty-two years of age or over, and (2) located
on a building site containing an existing single family detached dwelling. The floor area of an
attached granny flat does not exceed thirty percent of the existing floor area of the primary
single family residence and the floor area of a detached granny flat does not exceed one
thousand two hundred square feet. (See also "second unit.")
"Grazing" means the act of pasturing livestock on growing grass or other growing herbage or
on dead grass or other dead herbage existing in the place where grown as the principal
sustenance of the livestock so grazed.
"Gross acreage" means the land area, expressed in acres, within a parcel or group of
contiguous parcels minus any right-of-way for arterial highways not including collector
streets. Each acre so determined is a gross acre.
Gross Density. See "density."
"Gross floor area" means the total square footage of all floors of a building, including the
exterior unfinished wall structure but excluding courtyards and other outdoor areas.
Gross Lot or Parcel Area. See "lot area, gross."
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"Ground floor area" means all enclosed area within the ground floor of a structure, including
exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking
structures are included in ground floor area but swimming pools and unenclosed post-
supported roofs over patios and walkways are not included.
Ground Sign. See "freestanding sign" in sign definitions, Section 9.160.130.
"Guest house" means a detached or attached unit which has sleeping and sanitary facilities,
which may include full bathroom and/or kitchen or cooking facilities, and which is used
primarily for sleeping purposes by members of the family occupying the main building, their
nonpaying guests, and domestic employees.
"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.
Habitable Area. See "livable floor area."
"Habitable room" means any room usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used
only for storage purposes is not a habitable room.
"Hazardous waste" means a waste or combination of wastes which, because of its quantity,
concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical
or infectious characteristics, may: (1) cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a
substantial present or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
Home for the Aged. See "convalescent home."
"Home occupation" means an occupation or activity conducted as an accessory use within a
dwelling unit incidental to the residential use of the property. See Section 9.60.110.
"Hospital" means a facility licensed by the State Department of Health Services providing
clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health
nature to human patients.
"Hotel" means any building or portion thereof with access provided through a common
entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and
which has cooking facilities in less than twenty-five percent of the guest rooms.
Identification Sign. See sign definitions, Section 9.160.130.
"Industrial park," "business park" or "office park" means a nonresidential development
wherein the permitted uses are planned, developed, managed and maintained as a unit, with
landscaping, amenities, and common offstreet parking provided to serve all uses on the
property.
"Intensity" means the level of development or activity associated with a land use, as
measured by one or more of the following:
1. The amount of parking required for the use per Chapter 9.150.
2. The operational characteristics of the use such as hours of operation, the
inclusion of dancing or live entertainment as part of the use, or similar
characteristics.
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3. The floor area occupied by the use.
4. The percentage of the building site occupied by the use or by the structure
containing the use.
Interior Lot Line. See definitions under "lot line."
"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.
"Kitchen" means any room all or part of which is designed and/or used for the cooking or
other preparation of food.
Land Use. See "use."
Land Use Intensity. See "intensity."
Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal of
solid waste on land by spreading it in layers, compacting it and covering it daily with soil or
other approved cover material.
Laundry Plant. See "cleaning plant or laundry plant."
"Livable floor area" means the interior area of a dwelling unit which may be occupied for
living purposes by humans, including basements and attics (if permitted). Livable floor area
does not include a garage or any accessory structure.
"Live entertainment" means any act, play, revue, pantomime, scene, dance or song, or any
combination of the foregoing performed in person by one or more persons whether or not
they are compensated for their performance.
Living Area. See "livable floor area."
Lodginghouse. See "boardinghouse."
"Lot" means an area of land under one ownership which is identified as a lot or parcel on a
recorded final map, parcel map, record of survey recorded pursuant to an approved division of
land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are
interchangeable for purposes of this code. Types of lots and their definitions are as follows:
1. "Corner lot" means a lot abutting two streets intersecting at an angle of not
more than one hundred thirty-five degrees. If the angle of intersection is more
than one hundred thirty-five degrees, the lot is an "interior lot."
2. "Flag or panhandle lot" means a lot connected to the street with a narrow
access portion less than forty feet wide and more than twenty feet long and
situated so that another lot is located between the main portion of the flag lot
and the street.
84
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Lot Types and Lot Lines
3. "Interior lot" means a lot abutting only one street or abutting two streets
which intersect at an angle greater than one hundred thirty-five degrees.
4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one or
more adjoining lots.
5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of
another lot.
6. "Through lot" means a lot with frontage on two parallel or approximately
parallel streets.
"Lot area" means the horizontal land area within a lot expressed in square feet, acres, or
other area measurement.
"Lot coverage" or "building site coverage" means the cumulative ground floor area of the
structures on a lot expressed as a percentage of the net lot area. For purposes of this
definition, "ground floor area" means all enclosed area within the ground floor of a structure,
including exterior walls and mechanical spaces. Carports, garages, accessory buildings and
parking structures are included in ground floor area but swimming pools and unenclosed
post -supported roofs over patios and walkways are not included.
"Lot frontage" means the length of the front lot line. For corner lots the lot frontage shall be
measured from the interior lot corner to the outside of the corner cut-back.
"Lot line or property line" means any boundary of a lot. The classifications of lot lines and
their definitions are as follows:
1. "Front lot line" means the following:
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a. On an interior lot, the line separating the lot from the street;
b. On a corner lot, the shorter line abutting a street. (If the lot lines are
equal or approximately equal, the director shall determine the front lot
line);
c. On a through lot, the lot line abutting the street providing primary
access to the lot.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means a lot line which does not intersect the front lot line and
which is most distant from and most parallel to the front lot line. In the case of
an irregularly-shaped lot or a lot bounded by only three lot lines, the rear lot
line is a ten -foot long line parallel to and most distant from the front lot line for
the purposes of determining setbacks and other provisions of this code.
4. "Side lot line" means any lot line which is not a front or rear lot line.
"Lower income households" bears the same meaning as defined in Section 50079.5 of the
California Health and Safety Code.
"Lowest floor" means, with regard to flood protection, the lowest floor of the lowest enclosed
area, including a basement or cellar. An unfinished or flood -resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other than a basement area, is
not considered a building's lowest floor provided that such enclosure is not built so as to
render the structure in violation of the applicable design requirements of the FP floodplain
district, Section 9.140.030.
"Manufactured home" means a residential building transportable in one or more sections
which has been certified under the National Manufactured Housing Construction and Safety
Standards Act of 1974.
"Master commercial development" means a commercial center for which an overall Site
Development Permit was approved and implemented, which may have remaining
unconstructed pads or buildings.
"Master plan of arterial highways" means a component of the circulation element of the
city's general plan designating adopted and proposed routes for all commuter, secondary,
primary and major highways within the city.
"Master plan of drainage" means an engineering report outlining the drainage facilities
needed for the proper development of the city.
"Maximum allowable residential density" means the density allowed under applicable
zoning ordinances, or if a range of density is permitted, means the maximum allowable
density for the specific zoning range applicable to the subject project.
"Median" means a paved or planted area separating a street or highway into opposite -
direction travel lanes.
Medical Clinic. See "clinic, medical."
"Medical marijuana dispensary" means a facility or location which provides, makes available
or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with
an identification card, in accordance with California Health and Safety Code Section 11362.5
et seq.
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"Menagerie" means a lot on which more than one wild, 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.
"Ministorage facility" means a building containing various size storage compartments not
exceeding five hundred square feet each, wherein each compartment is offered for rent or
lease to the general public for the private storage of materials excluding materials sold at the
facility or delivered directly to customers.
"Minor adjustments" are deviations in standards which have little or no potential for adverse
impacts on the surrounding community and which are reviewed administratively.
Minor Use Permit. See "use permit."
Mobilehome. See "manufactured home."
"Mobilehome park or mobilehome development" means any area or tract of land used to
accommodate mobilehomes for human habitation, including pads for mobilehomes,
clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes
mobilehome parks and mobilehome subdivisions. See Section 9.60.180.
"Moderate income" or "persons and families of moderate income" means those middle-
income families as defined in Section 50093 of the California Health and Safety Code.
Modular Home. See "manufactured home."
Monument Sign. See sign definitions, Section 9.160.130.
"Motel" means a building or group of buildings containing guest rooms rented on a weekly
basis or less, with cooking facilities in less than twenty-five percent of the guest rooms and
with most or all guest rooms gaining access from an exterior walkway.
Multifamily Dwelling or Residence. See "dwelling, multifamily."
"Net site area" or "net lot area" means the total land area within the boundaries of a parcel
or building site after ultimate street rights-of-way and easements that prohibit the surface
use of the site are deducted.
"Net project area" means all of the land area included within a development project
excepting those areas with before -development slopes of thirty percent or steeper and those
areas designated for public and private road rights-of-way, schools, public parks, and other
uses or easements which preclude the use of the land therein as part of the development
project.
"Noncommercial coach" means a vehicle, with or without motive power, designed and
equipped for human occupancy for classrooms and other nonresidential and noncommercial
uses.
"Nonconforming use" means a land use which was lawful and in conformance with the
applicable zoning ordinances when established but which, due to subsequent ordinance
changes, is not currently permitted in the zoning district in which it is located or is permitted
only upon the approval of a use permit and no use permit has been approved. See Chapter
9.270.
"Nonconforming lot" means a lot or parcel which was lawful and in conformance with the
applicable zoning ordinances when established but which, due to subsequent ordinance
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changes, does not conform to the current development standards applicable to the zoning
district in which it is located. See Chapter 9.270.
"Nonconforming structure" means a structure which was lawful and in conformance with the
applicable zoning ordinances when constructed but which, due to subsequent ordinance
changes, does not conform to the current development standards applicable to the zoning
district in which it is located. See Chapter 9.270.
"Nonconformity" means a land use, lot or structure which was lawful when established or
constructed but, due to subsequent ordinance changes, is not in conformance with this zoning
code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were
not lawful when established or constructed. See Chapter 9.270.
Nursery, Day Care. See "child day care facility."
Nursing Home. See "convalescent home."
Office Park. See "industrial park."
Official Zoning Map. See "zoning map."
"Off-site hazardous waste facility" means any structures, other appurtenances or
improvements on land and all contiguous land serving more than one producer of hazardous
waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of
hazardous waste, including but not limited to:
1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.);
2. Residual repository (i.e., receiving only residuals from hazardous waste
treatment facilities);
3. Stabilization/solidification facilities;
4. Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6. Transfer/storage facilities.
"Open space" means any parcel or area of land or water, public or private, which is reserved
for the purpose of preserving natural resources, for the protection of valuable environmental
features, or for providing outdoor recreation or education. Open space does not include roads,
driveways or parking areas not related to recreational uses, any buildings, building setback
areas or the required space between buildings, or surface utility facilities.
Open Space, Usable. "Usable open space" means open space which is predominately level
(i.e., slopes less than five percent) but which may contain some steeper land (i.e., with slopes
up to twenty percent) which has utility for picnicking or passive recreation activities and which
complements surrounding usable open space. Usable open space is a minimum of fifteen feet
in width and three hundred square feet in area and may include structures and impervious
surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities,
walkways or bicycle trails.
Outdoor Advertising Sign. See "billboard" in sign definitions, Section 9.160.130.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps
and other devices, permanent or portable, used for illumination or advertisement. Such
devices shall include, but are not limited to, search, spot, or flood lights for:
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1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and other signs (advertising or other);
6. Street lighting;
7. General area and yard lighting.
"Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses which utilize
a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size
and design suitable for placement on a private sidewalk, plaza, or pedestrianway.
"Parcel" means an area of land under one ownership which is identified as a lot or parcel on a
recorded final map, parte' map, record of survey recorded pursuant to an approved division of
land, certificate of compliance or lot line adjustment. The terms "lot" and "parcel" are
interchangeable for purposes of this code.
Panhandle Lot or Flag Lot. See definitions under "lot."
"Parking accessway" means a vehicular passageway that provides access and circulation
from a street access point into and through a parking lot to parking aisles and between
parking areas.
"Parking structure" means a structure which is open or enclosed and is used for the parking
of motor vehicles.
"Parkway" means the area of a public street that lies between the curb and the adjacent
property line or physical boundary, such as a fence or wall, which is used for landscaping
and/or passive open space.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation,
specifically used for purposes of grazing or feeding of animals.
Patio Home. See "dwelling, patio home."
"Permitted use" means a land use allowed within a zoning district under this zoning code and
subject to the applicable provisions of this code.
"Person" means any individual, firm, copartnership, joint venture, association, social club,
fraternal organization, company, joint stock association, corporation, estate, trust,
organization, business, receiver, syndicate, public agency, the state of California or its political
subdivisions or instrumentalities, or any other group or combination acting as a unit.
"Person with a disability" is a person with a physical or mental impairment that limits or
substantially limits one or more major life activities, anyone who is regarded as having such
an impairment, or anyone who has a record of such an impairment.
"Personal services" are establishments providing nonmedical services as a primary use,
including but not limited to barber and beauty shops, spas and tanning salons, clothing rental,
dry cleaning stores, home electronics and small appliance repair, Laundromats (self-service
laundries), shoe repair shops, and tailors.
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"Planned unit development" means a residential development characterized by
comprehensive planning for the entire project, the clustering of buildings to preserve open
space and natural features, and provision for the maintenance and use of open space and
other facilities held in common by the property owners within the project.
Pole Sign. See sign definitions, Section 9.160.130.
Portable Sign. See sign definitions, Section 9.160.130.
"Precise plan" or "precise plan of development" means the plan or plans for a project,
development or other entitlement approved by the decision-making authority. A precise plan
may include site, grading, architecture, landscaping plans and may also include a plan text
describing the project design, development phasing, and other characteristics.
"Precise plan of highway alignment" means a plan, supplementary to the master plan of
arterial highways, which establishes the highway centerline and the ultimate right-of-way
lines and may establish building setback lines.
Primary Residence. See "main dwelling."
"Primary unit" means a single-family or multifamily residential unit constructed and intended
as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot.
"Principal use" means the primary or predominant use of any parcel, building site or
structure.
"Project area" means all of the land area included within a development project excepting
those areas designated for public and private road rights-of-way, schools, public parks, and
other uses or easements which preclude the use of the land therein as part of the
development project.
Projecting Sign. See sign definitions, Section 9.160.130.
"Property line" means a lot line or parcel boundary.
"Public agency" means the United States, the state, the county or any city within the county,
or any political subdivision or agency thereof.
Rear Lot Line. See definitions under "lot line."
"Reasonable accommodation" means the process of providing flexibility in the application of
land use, zoning, and building regulations, practices, and procedures to eliminate barriers to
housing opportunities for persons with disabilities.
"Recreational vehicle" or "RV" means all trailers or any vehicle placed on a trailer such as a
boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary
habitation, including motorhomes, travel trailers, "5th wheels" and camper shells.
"Recycling" means the process by which waste products are reduced to raw materials and
transformed into new products.
Relocatable Building. See "building, relocatable."
"Residential care facility" or "community care facility" means a residential facility which is
licensed by the state to provide living and treatment facilities on a monthly or longer basis for
six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered
persons, handicapped persons or dependent and neglected children. Such a facility is
permitted in all types of residences by operation of state law.
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Residential, Multifamily. See "dwelling, multifamily."
Residential, Single -Family. See "dwelling, single-family."
"Restaurant" means any use providing for the preparation, retail sale and consumption on
site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops,
pubs, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, whose
primary activity is food service and places of business with similar uses. If any seating is
provided in conjunction with a store where there is the preparation and retail sale of food and
beverages, that use shall be classified as a restaurant. The term "restaurant" may include the
licensed sale of alcoholic beverages for consumption on the premises.
Restaurant, Drive -Through. "Drive-through restaurant" means a restaurant with one or
more automobile lanes which allow for the ordering and dispensing of food and beverages to
patrons who remain in their vehicles.
Rest Home. See "convalescent home."
"Retail" means the selling of goods or merchandise directly to the ultimate consumer.
"Reverse vending machine" means a machine which accepts recyclable materials, such as
aluminum cans, newspapers, or other materials, from the public and dispenses money in
return.
"Riding academy" means a facility designed and used primarily for recreational riding,
training and instruction purposes, and allowing both on-site boarding or trailering of horses to
the facility.
"Riding and hiking trail" means a trail or way designed for and used by equestrians,
pedestrians and cyclists using nonmotorized bicycles.
"Right-of-way" means the entire width of property used for streets, highways, flood or
drainage works, overhead or underground utilities, or any related improvements.
Roof Sign. See sign definitions, Section 9.160.130.
Roominghouse. See "boardinghouse."
"Satellite dish antenna" means an apparatus capable of receiving communications from a
man-made satellite.
"Scenic highway" means any highway designated a scenic and/or historic highway by an
agency of the city, state or federal government.
"Second unit" In accordance with Government Code Section 65852.2(i)(4), second unit means
an attached or a detached residential dwelling unit which provides complete independent
living facilities for one or more persons. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the
single-family dwelling is situated. A second unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code;
2. A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
"Section" means a portion of this zoning code beginning immediately after a six- or seven -
digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such
six- or seven -digit number. (See also "subsection.")
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"Semi-permanent sign" means a non -illuminated sign which requires a sign permit, such as
advertising the future construction or opening of a facility, model home complex, commercial,
or residential subdivision identification which is intended to be erected or posted for a
minimum of sixty-one days and a maximum of one year. A permit for semi-permanent signs
advertising future facility construction shall not be approved until a development review
application has been submitted.
"Senior citizen" means a person fifty-five years of age or older.
"Senior citizen residence" means a residential care facility which is licensed by the state to
provide living and treatment facilities on a monthly or longer basis for six or fewer senior
citizens.
"Senior group housing" means a residential development which is developed or substantially
renovated for and occupied by seven or more senior citizens.
"Service" means an act or any result of useful labor which does not in itself produce a tangible
commodity.
Service Station. See "gas station."
"Setback" means the distance that a building or other structure or a parking lot or other
facility must be located from a lot line, property line or other specified boundary.
Sexually Oriented Business. See Chapter 5.80 of the municipal code.
"Shopping center" or "commercial center" means a commercial area or group of commercial
establishments, planned, developed, managed and maintained as a unit, with common
landscaping, amenities, and offstreet parking provided to serve all uses on the property.
Side Lot Line. See definitions under "lot line."
"Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of
merchandise which is normally displayed indoors at the location of an individual retail
business not located within a shopping center. (See also "special commercial event.")
"Sign" means any medium for visual communication, including but not limited to words,
symbols and illustrations together with all parts, materials, frame and background, which
medium is used or intended to be used to attract attention to, identify, or advertise an
establishment, product, service, activity or location, or to provide information. Also, see sign
definitions, Section 9.160.130.
Single -Family Dwelling or Residence. See "dwelling, single-family."
"Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility which is
rented on a weekly or longer basis and which provides living and sleeping facilities for one or
two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry
facilities may be shared.
Site. See "building site."
Site Area, Net. See "net project or site area."
Site Coverage. See "building site coverage."
Site Development Permit or Development Permit. See Section 9.210.010.
"Slope" or "slope gradient" means the vertical distance between two points on a slope
divided by the horizontal distance between the same two points, with the result expressed as
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a percentage; e.g., "the slope has a twenty percent gradient" (usually used to describe
natural as opposed to manufactured, slopes).
"Slope ratio" means the steepness of a slope expressed as a ratio of horizontal distance to
the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured
as opposed to natural, slopes).
"Special commercial event" means the temporary outdoor display and sale of merchandise
by two or more tenants within a commercial center, or arts and crafts shows, fairs, or
entertainment events within a commercial center.
"Specific plan" means a plan consisting of text, maps and other documents and exhibits
regulating development within a defined area of the city, consistent with the general plan and
State Government Code Section 65450 et seq.
"Stable" means a building or structure containing multiple stalls for the purposes of
sheltering, feeding, boarding, accommodating or otherwise caring for several horses at one
time.
"Stall" means a division of a stable accommodating one horse into an adequately sized
enclosure for the purpose 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.
"Stock cooperative" means a corporation which is formed primarily for the purpose of holding
title to, either in fee simple or for a term of years, improved real property, if all or substantially
all of the shareholders of such corporation receive a right of exclusive occupancy in a portion
of the real property, title to which is held by the corporation, which right of occupancy is
transferable only concurrently with the transfer of the shares of stock or membership
certificate in the corporation held by the person having such right of occupancy.
"Storage" means a place where goods, materials, and/or personal property is placed for more
than twenty-four hours.
"Story" means that portion of a building included between the surface of any floor and the
surface of the floor immediately above it or if there is no floor above, then the space between
the floor and the ceiling above it.
"Street" means a public or private vehicular right -of --way other than an alley or driveway,
including both local streets and arterial highways.
"Structure" means anything that is erected or constructed having a fixed location on the
ground or attachment to something on the ground and which extends more than thirty inches
above the finish grade. A mobilehome or relocatable building, except when used as a
temporary use with its weight resting at least partially upon its tires, is a structure for the
purposes of this definition.
"Subsection" means a portion of a section of this zoning code designated by a section number
followed immediately by an upper case letter; for example, subsection 9.10.010A. (See also
"section.")
"Supportive housing" means housing with no limit on length of stay, that is occupied by the
target population as defined in subdivision (d) of Section 53260 of the Health and Safety Code
50675.14(b) and that is linked to onsite or offsite services that assist the supportive housing
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resident in retaining the housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community. ("Target population" includes
adults with low income having one or more disabilities, including mental illness, HIV or AIDS,
substance abuse, or other chronic health conditions, or individuals eligible for services
provided under the Lanterman Developmental Disabilities Services Act and may, among other
populations, include families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans, or homeless
people.)
"Swimming pool" means an artificial body of water having a depth in excess of eighteen
inches, designed, constructed and used for swimming, dipping or immersion purposes by
humans.
"Tandem parking" means any off-street parking space(s), or arrangement of such spaces,
configured in such a manner such that one or more spaces is not directly accessible to a street
or other approved access without traversing any portion of another space.
"Temporary use" means a land use established for a specified period of time, which use is
discontinued at the end of such specified time.
"Temporary sign" means any non -illuminated sign which may require a sign permit and
which is intended to be posted for a maximum of forty-five days. Temporary signs include
without limitation: political campaign signs, garage sale signs and seasonal sales signs.
"Timeshare facility" means a facility in which a person receives the right in perpetuity, for life
or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel,
unit, or portion of real property for a period of time which has been or will be allocated from
twelve or more occupancy periods into which the facility has been divided. A timeshare use
may be coupled with an estate in the real property or it may entail a license, contract,
membership, or other right of occupancy not coupled with an estate in the real property.
Townhome. See "dwelling, townhome."
"Transient basis" means for a continuous period of two weeks or less.
"Transitional housing" is buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of
the assisted unit to another eligible program recipient at some predetermined future point in
time, which shall be no less than six months.
"Transitional shelter" means a shelter for homeless persons or victims of domestic abuse
which provides accommodations for persons on a transient basis, i.e., for a continuous period
of two weeks or less.
Two -Unit Attached Dwelling. See "dwelling, two -unit attached."
"Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise
plan of highway alignment or the street right-of-way shown within the boundary of a
recorded tract map, a recorded parcel map or a recorded planned community development
plan. The latest adopted or recorded document in such cases shall take precedence. If none of
these exist, the ultimate right-of-way is the right-of-way required by the highway
classification as shown in the general plan.
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"Use or land use" means the purpose for which a structure or land is occupied, arranged,
designed or intended, or for which either a structure or land is or may be occupied or
maintained.
"Use permit" means a discretionary entitlement under the provisions of this zoning code
which authorizes a specific use or development on a specific property subject to compliance
with all terms and conditions imposed on the entitlement. Uses requiring a conditional use
permit have moderate to significant potential for adverse impacts on surrounding properties,
or residents while uses requiring a minor use permit have low to moderate potential for
adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020.
Variance. See Section 9.210.030.
"Vehicular accessway" means a private, nonexclusive vehicular easement affording access to
abutting properties.
"Very low income households" bears the same meaning as defined in Section 50105 of the
Health and Safety Code.
"Veterinary clinic" means a place where animals no larger than the largest breed of dogs are
given medical and surgical treatment, primarily on an outpatient basis, and where the
boarding of animals under treatment is incidental to the principal clinic use.
Wall Sign. See "building -mounted sign" in sign definitions, Section 9.160.130.
"Wing wall" means an architectural feature in excess of six feet in height which is a
continuation of a building wall projecting beyond the exterior walls of a building.
"Yard" means an open space on a parcel of land or building site unobstructed and unoccupied
from the ground upward except for wall projections permitted by this code. Yards are
classified as follows:
1. Front yard means a yard extending across the full width of the lot between the
front lot line or the ultimate street right-of-way line and a setback line within
the lot. The depth of the front yard is equal to the setback established in the
development standards for the applicable zoning district and is measured along
a line drawn at a ninety -degree angle to whichever of the following results in
the greatest setback: the front lot line or its tangent or the ultimate street right-
of-way or its tangent.
2. Rear yard means a yard extending across the full width of the lot between the
rear lot line and a setback line within the lot. The depth of the rear yard is equal
to the setback established in the development standards for the applicable
zoning district and is measured along a line drawn at a ninety -degree angle to
whichever of the following results in the greatest setback: the rear lot line or its
tangent or the ultimate street right-of-way or its tangent.
3. Side yard means a yard extending from the front setback line to the rear
setback line. The depth of the side yard is equal to the setback established in
the development standards for the applicable zoning district and is measured
along a line drawn at a ninety -degree angle to whichever of the following
results in the greatest setback: the side lot line or its tangent or the ultimate
street right-of-way or its tangent.
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TYPES OF YARDS
"Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La Quinta
Municipal Code, including the official zoning map and other maps and graphics incorporated
in the zoning code text or included therein by reference.
"Zoning district" or "district" means an area of the city designated on the official zoning map
and subject to a uniform set of permitted land uses and development standards.
"Zoning map" or "official zoning map" means a map incorporated into this code by reference
which covers the entire land area of the city and is divided into zoning districts for the purpose
of specifying for each such land area the uses permitted, development standards required,
and other applicable provisions of this code. (Ord. 550 § 1, 2016)
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Title 13 Code Amendments 2017
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;
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.
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.
Extensions of time may be granted by the city manager or designee if there are no
changes to the approved tentative map. The city manager or 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. The city manager or designee may grant extensions in two
year increments.
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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. 539 § 3, 2016; Ord. 394 § 2, 2003; Ord. 295 § 1,
1997; Ord. 272 § 1, 1995)
13.24.110 Utilities.
A. Water. The subdivider shall provide improvements connecting the subdivision to the
domestic water supply and distribution system operated by the Coachella Valley water
district (CVWD). The improvements shall be as required by CVWD and the Riverside
County fire control district.
B. Sewer. The minimum requirement for sewage disposal shall be as follows:
1. Connection to an existing collection system is required; or
2. If an existing collection system is not available, and if it is determined that
satisfactory individual disposal systems cannot be provided because of soil
conditions determined by soil percolation tests in conformity with the
standards of the "Ludwig Modification" and finding that the conditions and
requirements of the Riverside County health department and the Regional
Water Quality Control Board cannot be met, then a package treatment plant
and collector system shall be required;
3. If a subdivision is filed which proposes a density of two or more lots per acre
and if a connection to a wet sewerage system is not required, the installation of
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a dry sewer system may be required by the city engineer in accordance with the
following provisions:
a. The Coachella Valley water district (CVWD) has an implementation
program for a wet sewer system that will serve the area within a
reasonable period of time, and CVWD has agreed to serve the land.
b. The subdivider has secured a letter of approval from CVWD for
acceptance of sewage for treatment and disposal and for maintenance
of the proposed dry and wet sewer lines.
C. Electrical and Communication Facilities. The minimum requirement for electrical and
communication facilities shall be as follows:
1. Prior to approval of a final map, a letter must be received by the city from the
serving agency stating that arrangements have been made for underground
facilities. The agency may include any other applicable comments regarding
easements, utility locations, installation schedules or other pertinent matters.
2. All existing and proposed utilities within or immediately adjacent to the
proposed development shall be installed underground. The city manager or
designee shall have authority to waive this requirement on a case-by-case
basis, based on findings that extenuating circumstances exist. High-voltage
power lines which the power authority will not accept underground are exempt
from this requirement. The landowner or subdivider shall make the necessary
arrangements with the serving agencies for the installation of such facilities.
3. Electrical and communication facilities shall be installed in conformity with the
requirements of the electric authority and the telephone authority and as
approved by the city engineer.
4. Appurtenant equipment such as, but not limited to, transformers, terminal
boxes and meter cabinets may be placed aboveground. The location of
aboveground equipment installations shall not hinder vision clearance required
by vehicle traffic and shall make use of available topographic, landscaping and
wall features, if possible, to mask their appearance. (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. 539 § 6, 2016; Ord. 272 § 1, 1995)
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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);
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. 539 § 6, 2016; Ord. 444 § 1, 2007; Ord.
326 § 3, 1998; Ord. 272 § 1, 1995)
13.32.030 Filing of Lot Line Adjustments
Requests for a lot line adjustment shall be filed with the planning department on an approved
city application form. (Ord. 272 § 1, 1995)
13.32.040 Application materials.
Applications for lot line adjustments shall include the following materials:
A. Grant deeds and/or title reports for all properties affected;
B. An acceptable legal description of each existing and new lot/parcel to be created.
Legal descriptions shall be prepared by a registered land surveyor or registered civil
engineer;
C. Four copies of a plat map displaying the new lot or parcel configurations and one
reproducible reduction, eight and one-half inches by eleven inches in size;
D. City processing fees including the cost of map, plat and/or legal description checking as
established by resolution or ordinance of the city council;
E. The location of all structures on the affected properties. (Ord. 295 § 1, 1997; Ord. 272 §
1, 1995)
13.32.050 Processing procedures.
A. Once an application has been accepted for filing, the planning director shall distribute
the lot line adjustment request for review and comment to the public works
department and other appropriate departments or agencies.
B. Within thirty days of acceptance of the application, the planning director shall either
approve the lot line adjustment, approve with conditions, or deny the lot line
adjustment.
C. The applicant shall record new grant deeds which reflect the approved lot line
adjustment and shall provide the city with certified copies of the recorded deeds.
D. Upon approval or conditional approval of the lot line adjustment and receipt by the city
of certified copies of the recorded deeds reflecting the new configuration, the planning
director shall issue either a certificate of compliance or a conditional certificate of
compliance as required, indicating the city's acceptance and approval of the request.
(Ord. 272 § 1, 1995)
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13.32.055 Lot Line Adjustments between two parcels
Lot line adjustments between two existing parcels, one within a residential district and the
other within a Golf Course district that results in a larger residential district parcel is permitted
without approval of a zone change when the proposed increase in the residential district
parcel size resulting from the lot line adjustment is less than twenty (20) percent. The
residential district regulations governing the existing residential parcel are applied to the
added parcel area resulting from the approved lot line adjustment between two parcels.
13.32.060 Evaluation criteria.
The following conditions shall be met as a condition of approval of a lot line adjustment:
A. The adjustment complies with Section 13.32.020;
B. The resulting lot(s) conform with city zoning and building codes; and
C. The adjustment does not cause existing uses of the property to be out of compliance
with any provisions of this code. (Ord. 326 § 4, 1998; Ord. 295 § 1, 1997; Ord. 272 § 1,
1995)
13.32.070 Conditions of approval.
The planning director may not impose conditions or exactions on the approval of a lot line
adjustment, except:
A. To conform with zoning and building codes;
B. To require the prepayment of real property taxes prior to the approval of the lot line
adjustment;
C. To facilitate the relocation of existing utilities, infrastructure or easements. (Ord. 272 §
1, 1995)
13.32.080 Prohibited conditions.
A. A record of survey shall not be required for a lot line adjustment unless required by
Section 8762 of the Business and Professions Code, state of California.
B. No tentative map, parcel map or final map shall be required as a condition to the
approval of a lot line adjustment. (Ord. 272 § 1, 1995)
13.32.090 Fees.
A completed request for a lot line adjustment shall include payment of a processing fee as
established by city council resolution. (Ord. 272 § 1, 1995)
13.32.100 Appeals.
All appeals shall be processed as provided by Chapter 13.12, Tentative Subdivision Maps. (Ord.
272 § 1, 1995)
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
) ss.
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. 562 which was
introduced at a regular meeting on the 7th day of November, 2017, and was adopted
at a regular meeting held on the 21st day of November, 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. 2015-023.
.k)viipAAA- ID
SUSAN MAYSELS, City Cler
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 November 22, 2017, pursuant to Council
Resolution.
SUSAN MAYSELS, City Cle
City of La Quinta, California
102