1995 03 14 PCI ` a
OF THE
PLANNING COMMISSION
AGENDA
A Regular Meeting to be Held at the
La Quinta City Hall Council Chamber
78-495 Calle Tampico
La Quinta, California
March 14, 1995
4:00 P.M.
**NOTE**
ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED
TO THE NEXT COMMISSION MEETING
Beginning Resolution 95-005
Beginning Minute Motion 95-014
CALL TO ORDER - Flag Salute
ROLL CALL
PUBLIC COMMENT
This is the time set aside for citizens to address the Planning Commission on matters
relating to City planning and zoning which are not Agenda items. When addressing the
Planning Commission, please state your name and address.
WORKSHOP - Discussion of Zoning Ordinance Update
RECESS TO 7:00 P.M.
PUBLIC COMMENT
PUBLIC HEARINGS - NONE
PC/AGENDA
BUSINESS ITEMS
Item ............. PLOT PLAN 95-549
Applicant ...... Vintage Homes, a Division of Century Homes
Location ....... East side of Caleo Bay north of Lake La Quinta Drive
Request......... Approval of a plot plan application to allow modification of a
recreation lot at Lake La Quinta
Action ......... Minute Motion 95-
CONSENT CALENDAR
1. Approval of the Minutes of the Planning Commission meeting of February 28, 1995.
COMMISSIONER ITEMS.
1. Commissioner report of City Council meeting.
ADJOURNMENT
STUDY SESSION
Tuesday, February 28, 1995
Study Session Room
4:00 P.M.
All agenda items
PC/AGENDA
PLANNING COMMISSION
STAFF REPORT
DATE: MARCH 14, 1995
SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE
BACKGROUND:
On February 12, 1995, staff presented to the Planning Commission the first five chapters of
the Zoning Ordinance Update. These chapters included 9.10, 9.20, 9.30, 9.40, and 9.50.
Attached at this time are revised pages for sections 9.50.050, 9.50.060, and 9.50.070.
Additionally, attached is Chapter 9.60 which are supplemental residential regulations. This
chapter includes 25 sections regarding residential regulations.
Staff Comments
At the Planning Commission meeting of February 28, 1995, it was decided that review of
the first paragraphs would occur at this meeting. We have attached Chapter 9.60 for your
review. If there is adequate time, and the Planning Commission has reviewed the
information, discussion of this chapter can occur.
RECOMMENDATION:
1. Staff recommends that the Planning Commission review the submitted Zoning
Ordinance Update (Chapters 9.10, 9.20, 9.30, 9.40 and 9.50) and note any revisions
deemed appropriate at this time. This workshop session should be continued to the
meeting of April 11, at 4:00 p.m.
Attachments:
1. Excerpts from Zoning Ordinance Update (Chapters 9.50.050, 9.50.060, 9.50.070 and
Chapter 9.60)
PCSS.100
RESIDENTIAL DEVELOPMENT STANDARDS.............................................................................................. [Draft: 3171951
9.50.050 Maximum Building Height.
For purposes of this Code, the maximum height of buildings and other structures shall be defined
as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary
plane shall be established above and parallel to the finish grade of the exterior walls at a vertical
distance equal to the specified maximum height. This definition is illustrated in Figure 9-... following:
FIGURE 9-...:
MAXIMUM BUILDING HEIGHT
eTR11nT11RF UAV NOT PFNFTRATF IMAGINARY PLANE
9.50.060 Roof and Wall Projections.
A. Roof Projections. Notwithstanding Figure 9-..., chimneys, roof vents, finials, spires, and similar
architectural features not containing usable space are permitted to extend up to three feet above the
maximum structure height set forth in Table 9-... preceding.
B. Wall Projections. The following architectural projections are permitted to encroach into the
required setbacks specified in Table 9-2 preceding:
1. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into
any required setback provided such projections are no closer than 3%z feet from any property
line.
2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the
floor and do not increase a building's usable floor area, may encroach a maximum of two feet
into any required setback provided such projections are no closer than 3%Z feet from any
property line.
LQZC.............................................................................................................................................................................................. 18
RESIDENTIAL DEVELOPMENT STANDARDS.............................................................................................. (Draft: 3171951
3. If a site development permit is approved per Section ..., balconies, exterior stairways, and
elevated decks may encroach a maximum of four feet into required front and rear setbacks
provided such projections are no closer than 3'/z feet from any property line. Such projections
shall not encroach into required side setbacks.
9.50.070 Irregular Lots.
A. Purpose. Setback distances established for residential districts are based on rectangular lots.
Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require
special measurement techniques in order to achieve the purpose of setback requirements, i.e. the
appropriate separation of structures from streets and other properties. The purpose of this Subsection
is to provide standards for the establishment and measurement of setbacks on irregular lots. (See
Chapter ... for definition of lot lines.)
B. Front Setbacks. Front yard
setbacks shall be measured from the
ultimate street right-of-way line.
C. Rear Setbacks. In the case of
an irregularly shaped lot, a ten foot
line which is within the lot and
parallel to and most distant from the
front lot line shall be considered the
rear lot line for purposes of
determining required setbacks and
for interpretation of other provisions
of this Code.
D. Side Setbacks. All lot lines
which are not front or rear lot lines
shall be considered side lot lines for
the purpose of measuring setbacks.
ALL FLAG LOT
SETBACKS 10' MIN.
;
SIDEYARD
SETBACK
I:. ►:::
10' REAR
LOT LINE for
MEASURM
SETBACK &
REARYARD / I
SETBACK /' SIDEYARD
*SETBACK
REARYARD SETBACK
' 7 SIDEYARD
SETBACK
ACLOT
ACGESSSW CAY
STREET RIGKT OF WAY
Setbacks on Irregular Lots
E. Pie -Shaped Lot Setbacks on
Pie -Shaped Lots. Setbacks for pie -shaped lots shall be measured at the closest point between the
building and the angled lot line.
F. Flag or Panhandle Lots.
1. Definition. For purposes of this Section, "panhandle lot", "flag lot", "panhandle building
site", and "flag building site" all mean the following: a lot or building site having its only
vehicular access by way of a narrow accessway which serves no other property and which
is less than 40 feet wide and more than 20 feet long.
LQZC............................................................................................................................................................................................. 19
RESIDENTIAL DEVELOPMENT STANDARDS.................................................................... [Draft: 317195]
2. Setbacks. All front and side building
setbacks shall be a minimum of ten feet
measured from property lines, except that
the property line adjacent and most
perpendicular to the "panhandle" portion
of the lot shall be extended across that
portion and serve as the basis for
measuring setbacks in that area, Rear
setbacks shall be the same as for other lots
in the applicable district.
3. No Structures in Panhandle. No
structures shall be permitted in the
panhandle portion of the lot nor shall that
portion be credited to minimum lot area
requirements.
Lot Types and Setbacks
G. Surface Easements. Where a surface easement for access or other purposes has been granted
across any portion of a lot, the building setback shall be measured from the property line or edge of
easement, whichever is closer to the building.
H. Determination by Director. Where a building site is situated such that any of the front, side or
rear property lines are not readily determinable, required setbacks shall be as determined by the Director
in compliance with the following criterion: required setbacks shall not permit the placement of
buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the
limitations placed on other properties in the vicinity and incompatible with surrounding uses.
LQZC.........•...............................................•-----...........................................................................................................---.............--- 20
CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
Sections:
9.60.010
Purpose and Intent .....................
21
9.60.150
Tennis and Other Game Courts .........
36
37
9.60.020
Signs and Parkin
21
9.60.160
Outdoor Lighting ...................
37
9.60.030
Fences and Walls .....................
21
9.60.170
9.60.180
Special Outdoor Events ...............
Manufactured Housing and Mobilehomes
38
9.60.040
Patio Covers, Decks and Play Equipment ...
25
26
9.60.190
Family Day Care Facilities ............
39
9.60.050
Storage and Other Accessory Buildings ....
27
9.60.200
Senior Citizen Housing ...............
40
9.60.060
Garages and Carports
27
9.60.210
Construction and Guard Offices ........
41
9.60.070
9.60.080
Swimming Pools ......................
Satellite Dish and Other Antennas ........
28
9.60.220
Trash and Recyclable Materials Storage ..
41
9.60.090
Second Residential Units ...............
29
9.60.230
Noise Control ......................
41
42
9.60.100
Guest Houses ........................
31
9.60.240
Model Home Complexes .............
43
9.60.110
Home Occupations ....................
32
9.60.250
Condominium Conversions ............
9.60.120
Pets and Other Animals .................
33
9.60.260
Density Bonuses for Affordable Housing .
46
9.60.130
Recreational Vehicle Parking ............
33
9.60.270
Timeshare Regulations ...............
49
9.60.140
Screening ...........................35
9.60.010 Purpose and Intent.
This Chapter sets forth requirements for accessory structures, fences and walls, swimming pools,
and other special aspects of land use in residential districts. These requirements are in addition to the
regulations for residential uses set forth in Chapters 9.... through 9.... and elsewhere in this Zoning
Code.
9.60.020 Signs and Parking.
Refer to Section ... for sign regulations and Section ... for parking regulations,
9.60.030 Fences and Walls.
A. Definition. For purposes of this Section, "fence" or "well" means any type of fence, wall,
retaining wall, sound attenuation wall, screen, windscreen, hedge or thick growth of shrubs or trees. The
terms "fence" and "wall' are used interchangeably in this Section to mean any or all of the preceding
structures or vegetation.
B. Measurement of Fence Height. Fence heights shall be measured from the base of the fence or
wall to the top on the interior or exterior side, whichever is the higher side except as otherwise specified
in this Section. In addition, the following provisions shall apply to the measurement of fence height:
1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and required for
pedestrian safety shall not be included in the height measurement.
2. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one
structure and fence height shall be measured from the base of the lower fence to the top of the
higher fence. Fences 30 inches or more apart shall be considered separate structures and their
heights shall be measured independently. The Director may require that the area between such
fences be provided with permanent landscaping and irrigation.
LQZC .............. 21
SUPPLEMENTAL RESIDENTIAL REGULATIONS..................................................................---•.......•••..... [Draft: 3171951
C. Maximum Fence Heights. The construction and installation of fences shall be in compliance
with the following standards:
1. Within Main Building Area. In the area of a lot where a main building may be constructed, the
maximum freestanding fence height shall be 12 feet.
2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any
required setback area not adjoining a street. Where the elevation of an adjoining building site
is higher than the base of the fence within a side or rear setback area, the height of the fence
may be measured from the elevation of the adjoining building site to the top of the fence.
However, fence height shall not exceed eight feet measured from either side.
3. Setback Areas Bordering Streets, Alleys, and Other Accessways.
a. Within all districts, the maximum fence height shall be five feet within the first ten feet of
the required front setback area (measured from the street) and six feet within any rear or
side setback area adjoining a public street.
b. Where, because of the orientation of the lots, a property line fence separates a front yard on
one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet.
c. Arches up to eight feet in height and five feet in width may be constructed over one gate on
a lot provided the arch is integrated into the fence/gate design. Alternately, pilasters
adjacent to such a gate may be constructed up to eight feet in height provided the pilasters
are integrated into the fence/gate design. A maximum of one such arch or pair of pilasters
shall be permitted per residential parcel.
d. Any portion of a building site where vehicular access is taken shall conform to the access
intersection requirements of Subsection CA. of this Section.
e. City -required sound attenuation walls bordering freeways or arterial highways may exceed
six feet in height if so recommended by a noise attenuation study and approved by the
Director.
4. Visibility at Intersections. In regulating fences, it is necessary to preserve motorist sight
distances and to maintain visual openness. Therefore, notwithstanding Subsection C.3. of this
Section, maximum fence height shall be 3 2 feet within the triangular area formed by drawing
a straight line:
a. Between two points located on and 15 feet distant from the point of intersection of two
ultimate street right-of-way lines.
b. Between two points located on and five feet distant from the point of intersection of an
LQZC.............................................................. 22
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley
right-of-way on the other.
c. For purposes of this Code, "point of intersection" shall mean the intersection of the
prolongation of the right-of-way lines, excluding any curved portion joining the two lines.
D. Adjustments for Height Increases. Fences higher than the maximums set forth in this Section
may be permitted only if a minor adjustment is approved by the Director per Section .... Adjustments
for fences over eight feet in height or which the Director determines require Planning Commission
review to best serve the public interest shall be referred to the Planning Commission for action. In
addition to the findings required for approval of all minor adjustments, the following findings shall also
be made in conjunction with approval of a fence height increase:
1. The height and location of the fence as proposed will not result in or create a traffic hazard; and
2. The location, size, design and other characteristics of the; fence will not result in a material
adverse effect on adjacent residents or their properties, including but not limited to their use
and enjoyment of outdoor areas within their lots or any views available to such residents prior
to construction of the proposed fence.
E. Fence Construction and Materials. All fencing in residential districts shall conform to the
following construction and material standards:
1. Manual on Architectural Standards. Fences shall generally conform to the design standards
and typical layouts contained in the City's Manual on Architectural Standards unless modified
by the standards of this Subsection E.
2. Wood Fencing.
a. Wood fencing is permitted in rear or interior side yards only and only if not visible from the
street.
b. All wood fencing shall be constructed of #I cedar or redwood, stained or painted to match
or complement the adjacent wall or structure. Alternative, the wood may be water -treated
and left in the natural color.
c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of 4" x 4"
redwood, pressure -treated lumber, tubular steel or block placed five feet on center and
imbedded in concrete or having a concrete footing. 'The posts shall be installed on the
interior side of the lot with fencing material on the outside edge of the support posts.
3. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be
used along the front or street side yards only. The iron or steel shall be painted to match or
complement the adjacent wall or structure.
LQzC.............................................................................................................................................................................................. 23
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
4. Masonry Fencing. Solid Masonry fencing (I.e. block, rock, brick, with or without stucco
covering) is permitted in any location on the lot. The masonry or stucco color shall match or
complement the adjacent wall or structure. Cinder block shall not be used unless stuccoed.
5. Material Combinations. Combinations of two or more of the above materials may be used
provided that the bottom one-half of the fence is constructed of a masonry material.
Combinations incorporating wood materials shall only be used for the rear and interior side
yards and only when not visible from the street
6. Gates.Gates shall be constructed of ornamental iron/tubular steel and/or #1 cedar or redwood
boards stained or painted to match or complement the adjacent wall or structure. Wooden gates
shall have a metal frame.
F. Fence Landscaping and Maintenance.
1. The area between the street right-of-way and any fencing shall be landscaped, have a suitable
permanent irrigation system, and be continuously maintained by the property owner.
2. All walls and fences shall be continuously maintained in good repair. The property owner shall
be provided thirty days after receiving notice from the City to repair a wall or fence. The
Building Official may grant an extension to such time period not to exceed sixty days.
G. Prohibited Fence Materials. The use of barbed wire, razor wire, or similar materials in or on
fences in residential areas is prohibited in all residential districts. In addition, chain link or wood
fencing is prohibited within required front setbacks or any other required setback adjacent to a street
or alley, except for temporary construction fences authorized by a minor use permit issued in
accordance with Section .... Notwithstanding the preceding, wood gates constructed on a metal frame
may be used in front yards up to a maximum width of four feet.
H. Equestrian Fencing. Notwithstanding any other requirements of this Section, fencing shall be
provided as follows where the keeping of horses is permitted per Chapter 9.40 (Residential Permitted
Uses):
1. Corral fences on or along property lines, private streets, or bridle trails shall be at least four feet
high and of three -rail construction, with support posts not more than ten feet apart. Rails shall
be minimum two -by -six inches and posts shall be minimum four -by -six inches.
2. Pasture areas not along property lines, private streets, or bridle trails shall be provided with
fences at least four feet high and shall be of construction sufficient to confine horses.
I. Nonconforming Fences. Any fence which does not meet the standards of this Section but which
was legally established prior to the adoption of these standards may be maintained provided such fence
is not expanded nor its non-conformance with these standards increased. Any fence which is destroyed
LQZC.............................................................................................................................................................................................. 24
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired,
rebuilt, or reconstructed except in conformance with these standards.
9.60.040 Patio Covers, Decks and Play Equipment.
A. Applicability. For purposes of this Section, The term "patio covers, decks, and play equipment"
includes any type of yard structure other than a building or a carport. Such structures include but are
not limited to open and solid patio covers, gazebos, trellises, arbors, and to play equipment which is
more than eight feet in height. All such structures shall be "open" (no side walls) and are referred to in
this Section as "yard structures". Enclosed structures shall be considered accessory buildings (see
Section ...). Uncovered patios and decks less than 18 inches above finish grade shall not be subject to
the provisions of this Section.
B. Standards. Patio covers, decks, play equipment or other yard structures, attached to or detached
from the main building shall comply with front and side yard setbacks for the main building and the
following requirements:
1. The location of decks and balconies shall be governed by the standards for wall projections in
Section ....
2. No yard structure shall be more than 12 feet in height.
3. Yard structures shall not be constructed or established within those areas where fences and
walls are limited to a maximum height of five feet as specified in Section .... nor shall they be
located in the panhandle portion of a panhandle lot.
4. No yard structure shall be located less than: three feet from any property line not bordering a
street, five feet from any property line bordering a street Setbacks shall be measured from the
property line or top of slope to the nearest supporting member of the structure. The roof or
cover overhang may encroach into the required setback by up to two feet.
5. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto
any adjacent parcel.
C. Adjustments. Deviations from the height and location standards of this Section may be
permitted only if a minor adjustment is approved in accordance with Section.... In addition to the
findings required for approval of all minor adjustments, the following finding shall also be made in
conjunction with the approval of a yard structure adjustment:
"The location, size, design and other characteristics of the yard structure(s) will not adversely
affect adjacent residents, including but not limited to their use and enjoyment of outdoor areas
within their lots."
LQLC............................................................................................................................................................................................. 25
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
9.60.050 Storage and Other Accessory Buildings.
A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted as
accessory structures on a residential lot containing a primary residence subject to the requirements of
this Section. (Carports and garages are regulated separately by Section...., patio covers by Section—,
swimming pools and spas by Section—, and recreational vehicle parking by Section ....)
B. Drainage from Roofs. Accessory structures shall be constructed in a manner so as to prevent
rooftop water from draining onto any adjacent parcel.
C. Lot Coverage Maximums. The placement of accessory structures on a lot shall not result in
violation of the lot coverage maximums set forth in Section ....
D. Standards.
1. Maximum Number. No more than one such accessory building may be placed on any
residential lot.
2. Maximum Size and Height. No accessory building shall exceed 200 square feet in roof area or
ten feet in height.
3. Setbacks.Attached accessory buildings shall comply with setback requirements for the main
building. Detached accessory structures shall conform to the following setback standards:
TABLE 9» ...: SETBACKS FOR DETACHED ACCESSORY BUILDINGS
Minimum Setback (ft.):
Roof Area of
Structure (sglft)
Separation from
Front Interior Exterior
Rear
Main Building
Yard Side Yard Side Yard
Yard
0-100
5
20 3 10
2
101-200
5
20 5 10
4
E. Adjustments.Accessory buildings which deviate from the standards set forth in this Section may
be permitted only if a minor adjustment is approved per Section .... In addition to the findings required
for approval of all minor adjustments, the following finding shall also be made in conjunction with
approval of a deviation from the foregoing accessory building standards:
"The location, size, design and other characteristics of the accessory building(s) will not
adversely affect adjacent residents, including but not limited to their use and enjoyment of
outdoor areas within their lots."
LQZC.............................................................................................................................................................................................. 26
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
9.60.060 Garages and Carports.
A. Standards.The placement of garages and carports shall comply with the setback requirements
for a main building except as follows:
1. The minimum front building setback for a side -entry garage shall be 75 percent of the front
setback for front -entry garages and main buildings.
2. When alleys, private streets or common driveways at the rear of a lot are provided specifically
as vehicular access to garages and carports and when separate access and circulation systems
are provided for pedestrians, guests and emergency vehicles, garages and carports may be
placed up to a minimum of five feet from such alley, private street or common driveway.
B. Lot Coverage Maximums. The placement of garages and carports on a lot shall not result in
violation of the lot coverage maximums set forth in Section ....
9.60.070 Swimming Pools.
A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool,
whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of
containing water to a depth of three feet or more at any point. For purposes of this Section, the term
"pool" means all or any of the foregoing facilities.
B. .Standards. Pools are permitted as accessory uses in residential districts subject to the following
requirements:
Location. Pools shall be located at least three feet (measured from water's edge) from any
property line and four feet from any structure. No adjustment to these minimums shall be
approved. Additionally, no pool shall encroach into any easement.
2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater,
shall be located no closer than ten feet from the buildable area (main building envelope) of an
adjacent residential lot unless such equipment is placed within a building, underground vault,
or other enclosure which the Director determines provides effective noise and vibration
attenuation. The Director may require testing of the proposed enclosure by a qualified
professional to make the such a determination. In no case shall such equipment or enclosure
be placed closer than three feet from any property line.
3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the City's
Building Code, state law and other applicable laws and ordinances.
LQZC............................................................................................................................................................................................... 27
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
9.60.080 Satellite Dish and Other Antennas.
A. Purpose. Satellite dish and other antennas consistent with the design and location provisions
of this Section shall be permitted as accessory structures within any residential district.
B. Permitted Commercial Antennas. Commercial television, radio, microwave, and other antennas
are permitted as principal uses in all districts subject to approval of a conditional use permit and
conformance with the requirements of Section ... (Communication Towers and Equipment). Satellite
dish and other antennas are permitted as accessory structures in nonresidential districts in accordance
with Section ...
C. Permitted Noncommercial Antennas. Noncommercial privately -owned television and/or radio
antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other
antennas which cannot function when completely enclosed by a building, and (2) amateur radio
antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to
47 CFR § 97). Such permitted outdoor antennas shall comply with the following design standards and
requirements:
1. Number. No more than one satellite dish and/or one amateur radio antenna shall be permitted
per lot.
2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured
from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur
radio antennas shall not exceed the maximum building height for the district as specified in
Section ....
3. Ground -Mounted Antennas.
a. Location. All ground -mounted antennas shall be located within the rear yard or may be
located within an interior side yard if not within the required side yard setback. Such
antennas are prohibited from exterior street side yards unless not visible from the street. All
antennas over six feet in height shall be set back a minimum of ten feet from all property
lines.
b. Screening. Ground -mounted satellite dish antennas shall be screened from view, including
views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence,
etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off-
white, dark green, brown, gray, or black).
c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or
equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio
umbrella) is not required to comply with the preceding location and screening standards but
shall comply with height and size limits. Such an antenna may be placed on any patio or
LQLC..........................................•............................................_....................................................................._................................ 28
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
deck.
4. Building -Mounted Antennas. Roof -top and other building -mounted antennas are prohibited in
all residential districts unless completely screened from horizontal view via a parapet wall or
other feature which is integrated into the architecture of the building.
9.60.090 Second Residential Units.
A. Purpose. This Section provides standards and criteria for the establishment of second
residential units within residential districts consistent with Sections 65852.1, 65852.15, and 65852.2
of the state Government Code.
B. Definitions. For purposes of this Code, the following definitions shall apply:
1. "Second residential unit" shall mean a dwelling unit that is accessory to a pre-existing primary
residence on a single family lot. "Granny housing" is intended for sole occupancy by one or
two persons age 62 years or older or a handicapped person of any age (plus spouse or care-
giver). "Granny housing" is included within the term "second residential unit".
2. "Living area" means the interior habitable area of a dwelling unit, including basements and
attics (if permitted) and shall not include a garage or any accessory structure.
C. Limitations. Only one second residential unit or one guest house may be established on any lot
in addition to the primary residence. Therefore, no more than two residential units on a single lot are
permitted under the provisions of this Section.
D. Standards for Second Residential Units. A second residential unit may be established in the
RVL, RL, RC, RM, or RMH Districts if the following standards are met and a conditional use permit
is approved by the Planning Commission in accordance with Section ...:
1. The second residential unit is not intended for sale but may be rented.
2. A second unit shall only be permitted on a residential lot of 7200 square feet or greater on
which one owner -occupied single-family detached dwelling unit (the primary residence)
already exists.
3. A second unit shall not be permitted on any residential lot already containing two or more
dwelling units.
4. No second unit shall be established on a substandard lot.
Any new construction required for establishment of the second unit shall conform to all
Building Code standards and all development standards for the land use district in which it is
LQZC.............................................................................................................................................................................................. 29
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
located.
6. The second unit conforms to height, setback, lot coverage, fees, and other zoning requirements
generally applicable to residential construction in the district in which the property is located.
7. The second unit shall be architecturally compatible with the main unit.
8. The floor area of an attached second unit shall not exceed 30 percent of the existing living area
of the principal residence.
9. A detached second unit shall not exceed 1200 square feet total floor area.
10. The placement of a second unit on a lot shall not result in violation of the lot coverage
maximums set forth in Table 9-... of this Code.
11. A minimum of three off-street parking spaces shall be provided (two -car garage for the primary
residential unit and one space enclosed or open for the second unit). Tandem parking spaces
shall not be credited toward meeting this requirement and no variance or minor adjustment
shall be granted to allow substandard parking spaces or locations.
12. The second unit may be separately metered for gas, electricity, water, sewer, and other utility
services.
13. Prior to issuance of a certificate of occupancy for a second dwelling unit, a covenant of
restriction to run with the land shall be recorded which specifies that the use of the second unit
as an independent dwelling may continue only as long as one unit on the property is owner -
occupied.
14. The applicant for the conditional use permit shall be the owner currently occupying the subject
property.
15. The provisions of this Section shall not validate any existing illegal second unit. An application
for a permit may be made pursuant to the provisions of this Code to convert an illegal second
unit to a conforming legal second unit. The standards and requirements for said conversion
shall be the same as for a newly proposed second dwelling unit.
16. In addition to the findings required generally for all conditional use permit approvals, the
following finding shall be made in order to approve a conditional use permit for a second unit:
"The second unit is compatible with the design of the main unit and the surrounding
neighborhood in terms of landscaping, scale, height, bulk, lot coverage and exterior
appearance."
LCMC.............................................................................................................................................................................................. 30
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
9.60.100 Guest Houses.
A. Purpose. This Section provides standards and criteria for the establishment of guest houses
where such units are permitted in accordance with Section ....
B. Definitions. For purposes of this Code, the following definitions shall apply:
1. "Guest house" shall mean an attached or detached unit, which has sleeping and sanitary
facilities but no cooking facilities and which is used primarily for sleeping purposes by
members of the family occupying the main building and their non-paying guests.
2. "Living area" means the interior habitable area of a dwelling unit, including basements and
attics (if permitted) and shall not include a garage or any accessory structure.
C. Limitations. Only one second residential unit or one guest house may be established on any lot
in addition to the primary residence. Therefore, no more than two residential units on a single lot are
permitted under the provisions of this Section.
D. Standardsfor Guest Houses. A guest house may be constructed as an accessory use in the RVL
or RL Districts subject to approval of a minor use permit. All guest houses shall conform to the
following standards:
1. Guest houses shall conform to all applicable Building Code standards and all development and
design standards of the zoning district in which they are located. In addition, the height of the
guest house shall not exceed 17 feet within one story.
2. Guest houses shall be architecturally compatible with the main unit.
3. The floor area of the guest house shall not exceed 30 percent of the existing living area of the
principal residence or 1200 square feet, whichever is less„
4. The placement of a guest house on a lot shall not result in violation of the lot coverage
maximums set forth in Table 9-... of this Code.
5. There shall be no kitchen or cooking facilities within a guest house.
6. A guest house shall be used only by the occupants of the main residence, their non-paying
guests, or domestic employees. The guest house shall not be rented or otherwise occupied
separately from the main residence.
7. A minimum of one open or enclosed off-street parking space shall be provided for the guest
house in addition to the parking required for the primary .residential unit.
LQZC...................................................................................................................................................................•.......................... 31
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
8. A deed restriction shall be required for recordation against the property to prohibit the use or
conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking
facility.
9. If a private sewage disposal system is used, approval of the local health officer shall be
required.
9.60.110 Home Occupations.
A. Purpose. The regulations set forth in this Section are provided so that certain incidental and
accessory uses may be established in residential neighborhoods under conditions that will ensure their
compatibility with the neighborhood.
B. Permit Required. Establishment and operation of a home occupation shall require approval of
a home occupation permit processed in accordance with Section.— Information shall be provided to
ensure that the proposed home occupation complies with the requirements of this Section. Additional
information necessary to make the findings required for approval may be required by the City.
C. Use and Development Standards. In addition to the requirements for each residential district,
the following use and development standards shall apply to the establishment and operation of home
occupations:
1. The establishment and conduct of a home occupation shall be an incidental and accessory use
and shall not change the principle character or use of the dwelling unit involved.
2. Only residents of the dwelling unit may be engaged in the home occupation.
3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit
or within the garage provided no garage space required for off-street parking is used. The home
occupation shall not occupy more than 25 percent of the combined floor area of the house and
garage.
4. A home occupation shall not be conducted within a detached accessory structure, although
materials may be stored in such a structure.
5. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the
conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance
so that it appears other than a residence, either by color, materials, construction, lighting,
sounds, vibrations, or other characteristics.
6. Electrical or mechanical equipment which creates interference in radio, television or telephone
receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.
LQLC.............................................................................................................................................................................................. 32
SUPPLEMENTAL RESIDENTIAL REGULATIONS.............................................._....._....................__......_..._. [Draft: 3171951
7. The home occupation shall not create dust, noise or odors in excess of that normally associated
with residential use.
8. No sales activity shall be conducted from the dwelling except for mail order sales. The
dwelling unit shall not be the point of customer pickup or delivery of products or services, nor
shall a home occupation create greater vehicular or pedestrian traffic than normal for the
district in which it is located.
9. Medical, dental or similar occupations in which patients are seen in the home are prohibited.
10. All conditions attached to the home occupation permit shall be fully complied with at all
times
D. Revocation or Suspension of Permit. The Director may revoke or suspend any permit for a
home occupation if the Director determines that any of the performance and development standards
listed in Subsection C of this Section have been or are being violated, that the occupation authorized
by the permit is or has been conducted in violation of any state statute or City law, or that the home
occupation has changed or is different from that authorized when the permit was issued.
E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or
assigned, nor shall the permit authorize any person other than that named in the permit, to commence
or carry on the home occupation for which the permit was issued.
9.60.120 Pets and Other Animals.
In addition to the required setbacks for structures set forth in this Code for the applicable zoning
district, all pens, cages, corrals, stables and other structures specifically for keeping animals overnight,
other than in the residence, shall be located at least 50 feet frorn any adjoining existing residential
structure, or, if no residential structure exists, at least 50 feet from such areas where a residential
structure may be legally located. Such areas may be defined by any combination of zoning setback
requirements, easements or recorded CC&R's. Exceptions to this Section may be allowed if a home
occupation permit is approved.
9.60.130 Recreational Vehicle Parking.
A. Purpose. Recreational vehicles may be used for temporary habitation on residentially zoned
property only in accordance with the provisions set out in this Section. Recreation vehicles parked
within a validly established recreation vehicle storage lot or park are exempt from the requirements of
this Section.
B. Definition.For purposes of this Code, a "recreational vehicle" or "RV" shall be defined as any
vehicle designed and used for temporary habitation, including motorhomes, travel trailers and camper
shells. vehicle designed and used for temporary habitation. For purposes of this Section, "parked" and
LQzC.............................................................................................................................................................................................. 33
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
"stored" shall mean the same thing and are used interchangeably.
C. Standards.
1. The parking of recreational vehicles is a temporary accessory use and is permitted only on a
residentially zoned lot with an existing occupied dwelling, except that the Director of Planning
and Community Development may issue a minor use permit to use a recreational vehicle at a
construction site for supervisory or guard personnel where; it is determined that such use would
not adversely affect surrounding areas and where such use is in accordance with Section ...
(Construction Trailers and Guard Offices).
2. The recreational vehicle shall not be used as either a primary or accessory dwelling by the
resident or owner of the lot on which it is parked.
3. Recreation vehicles may be parked only on residentially zoned lots with an existing occupied
dwelling.
4. No RV shall be parked on a public or private street, or in any portion of a residential front yard,
including the driveway, for a period which exceeds 72 hours.
5. The vehicle shall be parked out of the public right-of-way on the driveway. RV's may also be
parked in the rear or side yard of the dwelling provided such parking is not within any required
side or rear setbacks.
6. The vehicle shall be self-contained. No water, sewer or electrical connections are permitted.
The operation of electric generators is not permitted.
7. A recreational vehicle shall not be parked on a property for more than a maximum period of
seven consecutive days.
8. Only one recreational vehicle used for temporary habitation is permitted at any one time.
9. The City may impose any additional conditions on the parking and use of the recreational
vehicle deemed necessary by the City to protect the public health, safety and general welfare.
10. The residents and the owner of the main dwelling on the parcel where the recreational vehicle
is parked shall be responsible for ensuring compliance of the vehicle with the requirements of
this Section and shall be subject to any and all enforcement actions by the City for violations
of municipal ordinances and codes relating to such recreational vehicle use.
D. Permit Procedures.
1. Application. Prior to moving a recreational vehicle onto the property, the owner of the property
LQZC.............................................................................................................................................................................................. 34
SUPPLEMENTAL RESIDENTIAL REGULATIONS ..........
............................................ [Draf':317195J
or the vehicle shall apply for a minor use permit in accordance with Section .... The application
shall include the following information.
a. Address of dwelling where vehicle will be parked.
b. dame and address of vehicle owner/user.
c. Number of persons to inhabit vehicle.
d. Authorization of resident and/or property owner permitting the temporary use.
e. Description (make, model, year and color) and license number of the vehicle.
f. Location on the lot where vehicle will be parked.
g. Approval from the homeowners association, if applicable.
2. Permit. After review of the application by the appropriate City staff in accordance with Section
... , a permit may be granted for a period not to exceed seven consecutive days. False,
fraudulent or misleading information on the application shall be grounds for denial. The permit
shall be displayed in open view on the vehicle.
3. Fees.A non-refundable fee shall be required at the time of application in accordance with the
City's current fee schedule.
4. Revocation of Permit. A permit can be revoked if it is determined by the city that the use as
conducted is creating a nuisance or in violation of the municipal codes. The vehicle shall be
removed from the premises within twenty-four hours of issuance of the notice of revocation.
5. Enforcement. Use of a recreational vehicle for temporary habitation shall cease and the vehicle
shall be removed from the property upon expiration or revocation of the applicable minor use
permit or the parking and/or use of the vehicle shall be in violation of this Code. Every day that
a violation continues to exist shall be deemed a separate violation subject to criminal
prosecution or other appropriate legal action.
9.60.140 Screening.
A. Parking Area Screening. Screening of common parking areas shall be provided for all
residential projects in accordance with the requirements for nonresidential uses in Section ....
B. Equipment Screening.
1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but
not limited to air conditioning, heating, restaurant exhaust fans, electrical elevator
structures, roof accesses, etc., may be permitted only if screened per the following
requirements:
a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to
appear as an integral part of the building. For all roofs, screening shall be an integral part
LQzC............................................................................................................................................................................................. 35
SUPPLEMENTAL RESIDENTIAL REGULATIONS................................................_..................................._.. [Draft: 3171951
of the roof design and not appear as an afterthought.
b. Such screening shall be provided so that the highest point of the equipment is below the
surrounding architectural feature and is screened from view to a minimum horizontal
sight distance of one thousand three hundred twenty feet as viewed from a point five feet
above finish grade, whichever provides the most screening.
c. All roof mounted equipment shall be screened from view of surrounding two-story (or
more) residential development and, where feasible as determined by the city, from
two-story commercial and other types of development.
2. Ground -Mounted Equipment. Ground -mounted utility, and mechanical equipment shall be
screened from ground view of surrounding properties. Such screening may consist of
perimeter walls or fencing (if permitted), screen walls, or landscape planting.
3. Solar Equipment. Solar heating equipment, whether roof- or ground -mounted shall be
installed so that the underside of the equipment is not ready visible from surrounding
properties.
4. Access Ladders. Wall -mounted exterior roof access ladders shall not be permitted where
such ladders face the surrounding area.
C. Facility Screening. Within apartment and condominium projects, storage, trash, and loading
areas shall be screened as follows:
Storage Areas. All storage, including cartons, containers, materials, or equipment shall be
screened from public view as required by Section ... (Outdoor Storage and Display).
2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than
six feet in height in accordance with Section ... Decorative overhead structures such as
trellises shall be integrated into the enclosure design if it is visible from higher terrain.
3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent
streets and residential, open space and recreation areas.
9.60.150 Tennis and Other Game Courts
A. Permits Required. Construction of tennis and other game courts, including fencing, may be
permitted as indicated in Table 9-1. All lighted game courts, where permitted per Section ..., shall
require approval of a conditional use permit by the Planning Commission processed in accordance with
Section.....
B. Development Standards. Game courts shall meet the following minimum development
standards:
LQZC.............................................................................................................................................................................................. 36
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
1. Fences.A maximum 12-foot high fence (measured from the finished grade of the court) shall
be allowed. Fences may include a dark, non -reflective screening material. If the fencing is
chain link, it shall be vinyl -coated or painted in a dark color such as dark green or black.
2. Setbacks. Minimum setbacks from property lines for game courts shall be:
Front yard: 20 feet
Side yard: 10 feet
Rear yard: 10 feet
If the setback from the rear property line is less than 30 feet, the finish grade of the court shall
be a minimum of four feet lower than the finish grade at the rear property line.
3. Lighting.Game court lighting shall conform to the requirements of Section .... In addition, a
maximum of eight lights (i.e. eight individual light sources) shall be permitted and mounting
standard height shall not exceed 18 feet or as approved by the Planning Commission. Courts
shall not be lighted after 10:00 p.m.
4. Glare.The surface area of any game court shall be designed, painted, colored, and/or textured
to reduce the reflection from any light source.
5. Landscaping. Landscaping shall be installed and maintained between the court fence and
property line. A landscape plan shall be submitted with the building permit application,
reviewed and approved by the city landscape architect, and implemented at the same time as
court construction.
9.60.160 Outdoor Lighting.
All residential land uses shall conform to the nonresidential outdoor lighting standards of Section
.... In addition, residential lighting shall comply with the following; requirements:
1. Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions
of Section ... for lighted game courts.
2. Height. Building -mounted lights shall be installed below the eave line or below the top of wall
if there are no eaves. Pole or fence -mounted lights shall be located no more than eight feet above grade.
9.60.170 Special Outdoor Events.
A. Outdoor Events. Within residential districts, special outdoor events shall include, but are not
limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block
parties, and large neighborhood or community gatherings in temporary outdoor facilities.
LQZC.............................................................................................................................................................................................. 37
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
B. Standards. Special outdoor events are permitted in residential districts as indicated in Table
9-1 provided the following requirements are met:
Approval of a minor use permit shall be required for events to be attended by more than 50
people, including participants and spectators.
2. Regardless of the number of attendants, activities conducted on property owned by or leased
to the city or on public rights -of -way may require an encroachment permit issued by the Public
Works Director.
3. The event may be permitted for a period not to exceed ten consecutive days. Events conducted
by a single permittee or group which occur more than twice in a calendar year are not
considered temporary and shall not be eligible for a minor use permit.
4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration
of the activity site within seven days of the activity conclusion may be required.
5. Applications for permits or certificates required by Subsections A. and B. of this Section shall
be referred by the Community Development Department to other affected departments, cities
or public agencies as may be appropriate for review and comment.
6. Related issues, including but not limited to police and security, food and water supply, use of
tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage,
fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required
by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes.
Such other codes may require the applicant to obtain permits such as building, electrical, health
and tent permits.
9.60.180 Manufactured Housing and Mobilehomes
A. Definition. For the purposes of this Zoning Code, the terms "manufactured home" and
"mobilehome" shall mean the same thing, i.e. 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. For purposes of simplicity, the term mobilehome is used in this Section.
B. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code,
mobilehome parks are permitted in all residential districts if a conditional use permit is approved.
Development standards for such parks shall be the same as for the PD Planned Development District:
minimum 35 percent common open area and minimum perimeter setbacks of 10 feet at any point and
25 feet average over the entire perimeter.
C. Individual Mobilehomes. In accordance with Section 65852.3 et seq of the state Government
Code, individual mobilehomes may be permitted as permanent or temporary residences on single family
LQLC.............................................................................................................................................................................................. 38
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
lots within the RVL, RL, RC, RM, and RMH Districts. Prior to release of plans for installation permit
plan check, a site development permit must be approved by the; Director. The permit shall not be
approved unless the Director finds that the following standards are satisfied, in addition to the standard
findings for approval of a site development permit per Section ...:
1. District Standards. The mobilehome shall conform to all setback, height and other standards
of the District in which it is located.
2. Foundation. The mobilehome shall be placed on a foundation system meeting the requirements
of Section 18551 of the state Health and Safety Code.
3. Exterior Siding. The exterior siding shall be stucco or other material customarily used in
conventionally built single family dwellings.
4. Roofs. Roofs shall be constructed of fire -retardant composition shingles or tile. Roof pitch shall
be similar to those of roofs of the same material on conventionally -built single family
dwellings in the neighborhood, but in no case less than a ratio of 3:12.
Roof Overhangs. Roofs shall have eave and gable -end overhangs of not less than 18 inches,
measured perpendicularly from the exterior wall.
6. Garages. Mobilehomes shall have garages with the same minimum dimensions and number
of parking spaces as required for single family homes in Section ...
7. Minimum Floor Area. Mobilehomes shall have a minimum interior floor area equal to the
minimum of the district in which it is located, excluding exterior patios, decks, or other
structures.
D. Site Development Permit Required. Approval of a site development permit by the Planning
Commission shall be required prior to the placement of an individual mobilehome on a single family
lot.
9.60.190 Family Day Care Facilities
A. Purpose. The purpose of this Section is to provide standards for the establishment and
operation of child or family day care facilities within residential districts consistent with Chapters 3.4
and 3.6 of the state Health and Safety Code.
B. Small Day Care Facilities. Family day care facilities serving six or fewer children are permitted
in all residential districts except the RE District. Such facilities shall conform to the following
requirements:
1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety
LQZC.............................................................................................................................................................................................. 39
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
equipment as specified by the Fire Marshal and/or state regulations.
2. All facilities shall be operated in accordance with state and local health, safety, and other
regulations.
3. All parking and outdoor lighting shall comply with the; applicable regulations set forth in
Sections ..., ... and ..., respectively.
4. All facilities shall comply with the development standards of the residential district in which
they are located, as set forth in Section ...
C. Large Day Care Facilities. Family day care facilities serving seven to 12 children are permitted
in all residential districts except the RH District if a minor use permit is approved. Such facilities shall
conform to the preceding requirements for small day care facilities plus the following:
1. A minor use permit approved by the Director of Planning and Community Development shall
be required to establish a large family day care facility in accordance with Section .... In
addition, all facilities shall comply with this Section and with any additional requirements
imposed as part of the use permit or of any other applicable permit.
2. No large family day care facility shall be approved on a parcel which is within 500 feet of
another parcel which either already contains such a facility, or which has a valid permit for such
a facility.
3. Outdoor activities shall be limited to between the hours of 9:00 a.m. and 7:00 p.m.
9.60.200 Senior Citizen Housing.
A. Purpose. The purpose of this Section is to provide standards for the establishment and
operation of senior citizen housing facilities consistent with Sections 1568.083 et seq and 1569.85 of
the state Health and Safety Code.
B. Senior Citizen Residences. Senior residences, i.e. those: with six or fewer residents, shall
conform to the following requirements:
1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety
equipment as specified by the Fire Marshal and/or state regulations.
2. All facilities shall be operated in accordance with state and local health, safety, and other
regulations.
3. All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth
in Sections ..., ... and ..., respectively.
LQZC.............................................................................................................................................................................................. 40
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
4. All facilities shall comply with the development standards of the residential district in which
they are located as set forth in Section ...
C. Senior Group Housing. Senior group housing facilities, i.e. those with seven or more residents,
may be permitted in all residential districts subject to approval of a conditional use permit by the
Planning Commission. Such facilities shall conform to the preceding requirements for senior citizen
residences plus the following:
1. Residential occupancy shall be limited to single persons 55 years of age or over or married
couples with at least one spouse 55 years of age or over.
2. The project may provide, for the exclusive use of the residents, central cooking facilities,
common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a
pharmacy not exceeding 1000 square feet in floor area.
9.60.210 Construction and Guard Offices.
The temporary placement of a trailer, recreational vehicle, or other relocatable building, or the
temporary use of a permanent structure on an active construction or grading site to serve as a
construction and/or guard office, and the establishment of a materials and equipment storage yard, may
be permitted subject to approval of a minor use permit processed in accordance with Section ... and the
following requirements:
1. The office shall not be moved onto the site or otherwise established until issuance of a precise
grading permit or, if there is no grading permit, until issuance of a building permit.
2. Any temporary use and/or structure shall be removed from the site prior to the issuance of
certificates of occupancy for the last new building on the site.
3. Any permanent structure or portion of a permanent structure devoted to a temporary use shall
be converted to a permanent permitted use prior to the issuance of certificates of occupancy
for the last new building on the site.
4. The use of a recreational vehicle as a contruction or guard office shall require approval of a
minor use permit by the Director in accordance with Section ....
9.60.220 Trash and Recyclable Materials Storage.
All condominium and apartment projects shall comply with the nonresidential trash and recyclable
materials storage requirements of Section ....
9.60.230 Noise Control.
Residential land uses shall comply with the nonresidential noise control standards set forth in
Section 9-....
LQzC..............................................................................•................................................................................................_.............. 41
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
9.60.240 Model Home Complexes.
A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales
offices and related signage may be established if a minor use permit is approved in accordance with
Section ... and the following requirements are satisfied:
1. The complex is used solely for the original sale of new homes or the first rental of apartments
in projects of 20 or more units.
2. The complex is located within the area of the project for which it is established. The temporary
sales office shall not be located within 50 feet of an existing dwelling unit which is not a part
of the new project.
3. Notwithstanding other provisions of this Code, the parcel of land on which a temporary real
estate office is established is not required to be a building site provided the parcel is precisely
described.
4. The following structures and facilities are permitted in conjunction with the establishment of
a temporary real estate office in conformance with an approved minor use permit:
a. Model homes in compliance with the zoning regulations applicable to the properties that
are being sold.
b. Garages, attached and detached, in compliance with the zoning regulations applicable to the
properties that are being sold.
c. Temporary sales office buildings or relocatable buildings.
d. Accessory buildings and structures in compliance with the zoning regulations applicable
to the properties that are being sold.
e. Recreational facilities that will become a permanent portion of the project in compliance
with the zoning regulations applicable to the properties that are being sold.
f. Permanent streets and driveways that will be part of the project after the closure of the real
estate office use.
g. Temporary children's playgrounds.
h. Temporary and permanent fencing, walks, and structural amenities.
Temporary vehicle parking and maneuvering areas to provide off-street parking as
necessary for employees and guests.
LQZC.............................................................................................................................................................................................. 42
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317i951
j. Temporary vehicular accessways.
B. Signs and Flags. Signs and flags in connection with a temporary real estate office shall be
permitted within a tract on the following conditions: led, note: these sign standards are placed here
to facilitate ease of use re model home regs. They will also be repeated in the sign reg. chapter.]
(1) The sign copy shall be limited to matters relating to the project within which the signs are
located.
(2) Such signs shall have a time limit of existence concurrent with the use of the permitted
temporary offices.
(3) Temporary project identification signs up to 50 square feet in area and ten feet in height are
permitted at each street entrance, subject to the provisions of Section ... (Signs).
(4) The following advertising devices or activities are expressly prohibited within or outside the
project: flags, banners, balloons, portable trailer signs, or human indicators, except as
specifically approved in a minor use permit and in compliance with Section ... (Signs).
C. Requirements for Approval. Any approving action shall include those conditions and
requirements deemed by the decision -making authority to be necessary or advisable to protect the public
safety and the general welfare, together with adequate guarantees that the structures and facilities will
be removed or made consistent with applicable zoning regulations within 90 days after the expiration
of the permit. In addition to those findings required for the approval of an application, any approving
action for a temporary real estate office shall also include the following findings:
(1) The access, parking and circulation facilities will not result in excess traffic congestion or
traffic safety hazards.
(2) The operation of the real estate office and associated activities will not conflict with adjacent
and nearby residential uses.
D. Time Limitations. A minor use permit for a real estate office may be approved for a maximum
time period of two years from the date of approval.
9.60.250 Condominium Conversions.
A. Purpose. The purpose of this Section is to:
1. Provide standards and criteria for regulating the conversion of rental housing to residential
condominium, community apartment or stock cooperative types of ownership and for
determining when such conversions are appropriate;
LQZC.............................................................................................................................................................................................. 43
SUPPLEMENTAL RESIDENTIAL REGULATIONS..................................................................................... [Draft: 317195]
2. Mitigate any hardship to tenants caused by their displacement; and
3. Provide for the public health, safety and general welfare.
B. Applicability. The provisions of this Section shall apply to all conversions of rental housing
into condominiums, community apartments or stock cooperatives notwithstanding any other provision
of this Zoning Code.
C. Use Permit and Subdivision Required. All conversion projects subject to this Section shall
require approval of a conditional use permit in accordance with Section ... and approval of tentative and
final subdivision maps in accordance with Section ...
D. Zoning and Subdivision Standards. Conversion projects shall conform to: (1) the applicable
standards and requirements of the zoning district in which the project is located at the time of approval,
and (2) the applicable provisions of the Subdivision Code.
E. Tenant Notification. Applicants for conversion projects shall be responsible for notifying
existing and prospective rental tenants as follows:
1. Existing Tenants. At least 60 days prior to the filing of an application for conversion of rental
or lease property, the applicant or the applicant's agent shall give notice of such filing in the
form set forth in Section 66452.9 of the state Subdivision Map Act to each tenant of the subject
property. Further, if the conversion project is approved, the applicant shall give all tenants a
minimum of 180 days advance notice of the termination of their tenancy.
2. Prospective Tenants. At least 60 days prior to the filing of an application for conversion of
rental or lease property, the applicant or the applicant's agent shall give notice of such filing
in the form set forth in Section 66452.8 of the Subdivision Map Act to each person applying
after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision
Map Act, failure of an applicant to provide such notice shall not be grounds to deny the
conversion but shall make the applicant subject to the penalties specified in Section 66452.8
of the Subdivision Map Act.
3. Evidence of Tenant Notification. Each application for conversion shall include evidence to the
satisfaction of the Director that the notification requirements specified in Subsections E-l. and
E-2. of this Section have been or will be satisfied.
F. Tenant Purchase Option. The property owner shall provide tenants with a 90-day preemptive
right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions
than those on which such unit or share will be initially offered to the general public. Such right shall
be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant
of such right.
LQZC.............................................................................................................................................................................................. 44
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
G. Application Requirements. Each application for a conversion project shall be accompanied by
the following in addition to the standard filing requirements for conditional use permit and subdivision
applications:
1. Engineering Report. An engineering report on the general condition of all structural, electrical,
plumbing and mechanical elements of the existing development, including noise insulation,
and the estimated cost of repair or improvements, if any. The report shall be completed to the
satisfaction of the Director, signed and dated by the Director, and made available to
prospective buyers if the conversion is completed.
2. List of Tenants. A complete mailing list of all tenants occupying the subject property and two
corresponding sets of stamped addressed envelopes. Within 10 days after the filing of the
application, the Director shall notify each tenant of the application, forward a copy of the
engineering report required by Subsection G-1. of this Section, and list the procedures to be
followed. The Director shall mail a notice of public hearing at least 10 days before the hearing
to each tenant on the mailing list.
3. Housing Program. Each application for a conversion project shall be accompanied by a
Housing Program. The program shall include but not be limited to the following:
a. The means by which the provision of affordable rental housing will be achieved; (e.g. by
maintaining affordable rental condominium units within the converted project or by
providing affordable rental units elsewhere in La Quinta.)
b. A housing report addressing the balance of housing in the immediate area, including
vacancy rates and other available housing of similar type and rent, the current rents and
estimated monthly payments and fees of the units to be converted, and all improvements
and renovations contemplated;
c. A survey of existing tenants as to their length of occupancy and the number of those who
express the intention of purchasing one of the units; and
d. A relocation plan which identifies the steps which will be taken to ensure the successful
relocation of each tenant if the conversion is completed. The relocation plan shall also state
what specific relocation assistance existing tenants will be given, such as costs relating to
physically moving tenants and their possessions, first months' rent in the tenant's new unit,
security and cleaning deposits, and phone connection and utility deposits. Particular
consideration shall be given to the needs of elderly and disabled individuals, families with
children, and other tenants who may encounter difficulty in finding a new residence.
H. Affordable Units in Condominium Conversions. The provision of affordable dwelling units in
connection with the conversion of apartments to condominiums shall be governed by the provisions of
this Section and of Section
LQZC............................................................................................................................................................................................. 45
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 3171951
9.60.260 Density Bonuses for Affordable Housing.
A. Purpose.This Section is intended to implement the provisions of. (1) state Government Code
Sections 65915 and 65915.5, which require a local jurisdiction to provide incentives for the production
of affordable housing units; and (2) the City's General Plan Housing Element policies relating to the
provision of affordable housing.
B. Eligibility. A density bonus may be granted to an eligible housing development in any
residential district through approval of a conditional use permit by the City Council (after
recommendation from the Planning Commission). In order to qualify for a density bonus or other
financial incentives of equivalent value as specified in Government Code Section 65915 the developer
of a housing project shall agree to construct one of the following:
1. At least 20 percent of the total units of a housing development for persons and families of
lower income, as defined in state Health and Safety Code Section 50079.5.
2. At least ten percent of the total units of a housing development for very low income
households, as defined in state Health and Safety Code Section 50105.
3. At least 50 percent of the total units of a housing development for "qualifying residents", as
defined in state Civil Code Section 51.2.
Only one density bonus/incentive shall be granted to each project regardless of the number of
preceding qualifying commitments made by the developer.
C. Density Bonus/Incentives. Density bonuses and regulatory concessions and/or incentives shall
require approval of a conditional use permit and shall be subject to the following provisions:
1. Density Bonus. For purposes of this Section and in accordance with Government Code Section
65915, "density bonus" shall mean a density increase of 25% over the otherwise maximum
allowable residential density under the General Plan.
2. General Plan Amendment Required. Density increases above the maximum allowed in the
General Plan shall require approval of a General Plan amendment in addition to the required
conditional use permit.
3. Determination of Unit Count. When computing the number of housing units which are to be
affordable, the density bonus shall not be included.
4. Minimum Project Size. A projects must contain at least five dwelling units in order to be
considered for a density bonus.
5. Previous Density Bonuses. The density bonus provision shall not apply to any parcel or project
LQZC............................................................................................................................................................................................... 46
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
area which has previously been granted increased density through a General Plan amendment,
zone change or other permit to facilitate affordable housing.
6. Dispersal of Affordable Units. "Affordable" or "density bonus" units shall be generally
dispersed throughout a development project and shall not differ in appearance from other units
in the development.
7. Regulatory Incentives. In accordance with Government Code Section 65915, in addition to a
density bonus the City shall grant at least one of the following regulatory concessions and/or
incentives to insure that the residential project will be developed at a reduced cost:
a. A reduction or modification of City code requirements which exceed the minimum building
standards approved by the State Building Standards Commission as provided in Part 25
(commencing with Section 18901) of Division 13 of the Health and Safety Code, including,
but not limited to, a reduction in setback and square footage requirements and in the ratio
of vehicular parking spaces that would otherwise be required.
b. Approval of mixed -use development in conjunction with a multi -family residential project
if commercial, office, industrial or other land uses will reduce the cost of the housing
development and if the project will be compatible internally as well as with the existing or
planned development in the area where the proposed project will be located.
c. Other regulatory incentives or concessions proposed by the developer or the City which
result in identifiable cost reductions.
D. Procedures. The procedures for implementing this Section shall be as follows:
Notification to Developer. The City shall, within 90 days of receipt of a written proposal to
utilize a density bonus for affordable housing, notify the developer in writing of the procedures
governing these provisions.
2. CUP Required. Affordable housing projects processed under this Section shall require approval
of a conditional use permit by the City Council.
3. Required Findings. In addition to the findings required for conditional use permits generally,
all of the following findings shall be made by the City Council in approving any such permit
granting a density bonus:
a. The number of units permitted by the conditional use permit is compatible with the existing
and planned infrastructure and service facilities serving the site;
b. The developer has demonstrated that the density bonus and adjustment of standards is
necessary to make the project economically feasible; and,
LQiC.............................................................................................................................................................................................. 47
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
c. The proposed project is compatible with the goals and policies of the General Plan and
purpose and intent of this Code.
4. Development Standards. When a conditional use permit :for affordable housing is approved,
the site development standards specified in the permit shall supersede the otherwise applicable
development and other standards set forth for residential projects in this Chapter.
5. Agreement to Ensure Affordability. Prior to the issuance of a building permit for any dwelling
unit in a development for which "density bonus units" have been awarded or incentives been
given, the developer shall submit documentation which identifies the affordable units and shall
enter into a written agreement with the City to guarantee their continued use by and availability
for low and moderate -income households for 30 years. The agreement shall extend for more
than 30 years if required by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. The terms and conditions of the
agreement shall run with the land, shall be binding upon all successors in interest of the
developer, and shall be recorded in the Office of the Riverside County Recorder. The
agreement and other project documents shall also include the following provisions:
a. The developer shall grant the City the continuing right of first refusal to purchase or lease
any or all of the designated units at fair market value;
b. The deeds to the designated units shall contain a covenant stating that the developer or the
developer's successors in interest shall not sell, rent, lease, sublet, assign or otherwise
transfer any interests in such unit without the written approval of the City, confirming that
the sales price of the units is consistent with the limits established for low- and moderate -
income households as adjusted by the Consumer Price Index; and,
c. The City shall also have the authority to enter into other agreements with the developer or
purchasers of the dwelling units as may be necessary to assure that the designated dwelling
units are continuously occupied by eligible households.
E. Condominium Conversions. The creation or continuation of affordable dwelling units in
connection with the conversion of apartments to condominiums shall be governed by the following
provisions:
1. Eligibility.When an applicant for approval to convert apartments to condominiums agrees to
provide at least 33 percent of the total units to persons and families of low or moderate income
as defined in Section 50093 of the Health and Safety Code or 15 percent to lower income
households as defined in Section 50079.5 of the Health and Safety Code and agrees to pay the
reasonably necessary administrative costs incurred by the City in the processing of the
conversion, the City may, through approval of a conditional use permit, either: (a) grant a
density bonus, or (b) provide other incentives of equivalent financial value. However, nothing
in this Section shall be construed to require the City to approve a proposal to convert
LQZC.............................................................................................................................................................................................. 48
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317i951
apartments to condominiums.
2. Equivalent Financial Value. For purposes of this Section "other incentives of equivalent
financial value" shall not be construed to require the City to provide cash transfer payments
or other monetary compensation but may include the reduction or waiver of requirements
which the City might otherwise apply as conditions of conversion approval under the
procedures of Section ... of this Code.
3. Conditions of Approval. The City may place such reasonable conditions on the granting of a
density bonus or other incentives of equivalent financial value as it finds appropriate
4. Ineligiblity.An applicant shall be ineligible for a density bonus or other incentives under this
Section if the apartments proposed for conversion constitute a housing development for which
a density bonus or other incentives were provided under Subsections B and C of this Section.
5. Procedures. Procedures for review of condominium conversions with affordable units shall be
as set forth in Section ... as well as Subsection D of this Section.
9.60.270 Timeshare Regulations.
A. Purpose. The City Council finds that timeshare facilities constitute a commercial hotel use.
Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of
people and vehicles, and the potential impact on the tourism -related facilities in the City, special
development criteria are warranted. Also, this Section is intended to establish criteria by which
timeshare facilities will function as hotels/motels. Any conversion of an existing facility to timeshare
use will be required to meet the same standards as new facilities.
B. Definitions. For purposes of this Section, the following definitions shall apply:
1. "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.
2. "Person" means an individual, farm, partnership, joint: venture, association, social club,
fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combination acting as a unit.
C. Limits on Occupancy.
1. In no instance shall a person occupy one or more timeshare units in a timeshare facility for
LQLC............................................................................................................................................................................................... 49
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
more than thirty days. Units which do not meet such criteria shall be considered to be
residential units and shall be subject to all applicable zoning restrictions.
2. Units in a timeshare facility shall not be used as a residence unless:
a. The residential use is allowed by the underlying zone designation; and
b. The residential use was specifically allowed by the conditional use permit or other City
discretionary permit.
D. Where Permitted.
1. Timeshare facilities and conversions to timeshare use are permitted subject to approval of a
conditional use permit only in residential zoning districts and in the CC (Community
Commercial) and CT (Tourist Commercial) districts Such facilities and conversions are
expressly prohibited in all other districts. Further, the conversion of timeshare units to
residential condominium uses is prohibited unless one hundred percent of the units in the
development are converted simultaneously.
2. Timeshare facilities may include other uses, either as minor ancillary uses to the timeshare
facility or independent facilities so long as the specific use is allowed by the underlying zone
designation. Such uses shall meet all City laws and requirements.
E. Development Standards. The following shall constitute the minimum development standards
for timeshare facilities and the conversion of existing facilities to timeshare use. Additional
requirements may be attached to a conditional use permit or other discretionary permit if found to be
necessary to assure that the development is consistent with the purpose of this Section:
1. Setback, Height, and Lot Coverage. The minimum required setbacks and minimum height and
lot coverage shall be those as established in the underlying zone designation. Additional
setbacks and height and lot coverage restrictions may be required to ensure that the facility is
adequately buffered from surrounding uses.
2. Parking. The minimum parking requirements for timeshare facilities shall be those required
by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and
shops). Other uses which are included in the facility, but which are not ancillary uses, shall
meet all requirements of this Code. Additional parking may be required if the design of the
facility and units indicates that additional parking is necessary.
3. Signs. The sign requirements shall be those as established by Section ... of this Code.
4. Management. The management of a timeshare facility shall be in accordance with the
requirements established by the California Department of Real ]Estate for timeshare uses. An
on -site manager is required.
LQzC.............................................................................................................................................................................................. .50
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
5. Required Facilities. The provision of facilities, amenities, or design features usually associated
with hotels/motels (e.g. lobbies, check -in area, registration desks, service closets, laundry
facilities) shall be required to ensure that the timeshare facility will adequately function as a
hotel/motel.
F. Conversions to Timeshare Uses. The following standards shall apply to conversions of existing
facilities to timeshare uses:
1. The conversion of any type of existing unit or facility to timeshare use shall be subject to the
approval of a conditional use permit. Conversions shall be evaluated in terms of the physical
suitability of the units or facilities for timeshare use. Items to be considered shall include,
without limitation, the general maintenance and upkeep of the structures; general physical
condition of the facility; age of the structures; suitability of the units for the type of occupancy
proposed; availability of kitchen facilities; the age, condition, and general repair of any
recreational facility; the potential impact on nonconverting units within the facility; and
conformance with appropriate building, safety, or fire standards. The upgrading of the facility
may be required to mitigate any identified deficiencies.
2. All facilities converted to timeshare use shall meet all applicable City requirements, including
building, safety, and fire standards.
3. The conversion of apartments to timeshare use shall be subject to the same relocation benefits
as are or may be established for the conversion of apartments to condominiums.
4. Conversion to timeshare use must be explicitly permitted by any covenants, conditions and
restrictions which are recorded against the property proposed to be converted.
G. Application Requirements.
1. In addition to any application requirements established by Section ... [CUP section] and any
other applicable requirements of this Code, the following information shall also be submitted
as part of any application to develop or establish a timeshare facility:
a. Typical floor plans for each timeshare unit;
b. The phasing of the construction of the timeshare use;
c. The type of timeshare method to be used (e.g., fee simple, leasehold, tenancy -in -common,
license, membership) and how such use may be created;
d. The identification of timeshare intervals and the number of intervals per unit;
e. Identification of which units are in the timeshare program, the use of the units not included
LQZC.............................................................................................................................................................................................. 51
SUPPLEMENTAL RESIDENTIAL REGULATIONS....................................................................................... [Draft: 317195]
in the program, and the method whereby other units may be added, deleted, or substituted;
f. A description of any ancillary uses which are proposed in conjunction with the timeshare
facility;
g. A description of the availability of the timeshare project and ancillary facilities to the
general public;
h. A description of the method of management of the project and indication of a contact person
or party responsible for the day-to-day operation of the project;
i. A description of the type and operation of any other uses (residential, commercial, or
recreational) which are included in the facility;
j. The formula, fraction or percentage, of the common expenses and any voting rights
assigned to each timeshare unit and, where applicable, to each unit within the project which
is not subject to the timeshare program;
k. A description of the methods to be used to guarantee the future adequacy, stability, and
continuity of a satisfactory level of management and maintenance;
1. Any restrictions on the use, occupancy, alteration, or alienation of timeshare units;
m. Copies of all enabling documentation, including, but not limited to, articles of
incorporation, bylaws, declarations of covenants, conditions, and restrictions, and
membership or license agreements;
n. Copies of all California Department of Real Estate applications and permits, including any
public report issued;
o. A description of the method to be used in collecting and transmitting the transient
occupancy tax to the City;
p. Any other information or documentation the applicant, the Planning and Development
Director, or the Planning Commission deems reasonably necessary to the consideration of
the project, including any required environmental documents; and
q. Applications for the conversion of any portion of an existing facility to a timeshare facility
shall include the following information in addition to the other information required by this
Subsection:
1. A properly report describing in detail the condition and useful life of the roof,
foundations, and mechanical, electrical, plumbing, and structural elements of all existing
LQZC.............................................................................................................................................................................................. 52
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
buildings and structures. Such report shall be prepared by a registered civil or structural
engineer, a licensed architect, or a licensed general contractor;
2. A descriptive report containing acoustical test data which indicate the noise attenuation
characteristics of the existing party walls and ceilings. The data for such report shall
include a sampling of at least ten percent of the dwelling units involved, but in no case
fewer than two dwelling units, and shall be compiled by a person experienced in the field
of acoustical testing and engineering;
3. If the conversion is of an apartment or condominium facility or any portion thereof, a
certified list of the names and addresses of all tenants residing in the project proposed
to be converted at the time the application is filed, whether or not the unit in which the
tenant resides will be converted;
4. A comprehensive list of all improvements, upgrading, and additional facilities proposed;
and
5. A report describing all repairs and replacements needed, if any, to bring all structures
into substantial compliance with the Uniform Building Code, Uniform Housing Code,
National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform
Mechanical Code, and any other building related codes as modified and adopted by the
City.
2. The information required by this section shall be reviewed by the Planning and Devolopment
Director, who will require its revision and resubmittal if found to be inadequate or incomplete.
Any information or documentation not available at the time an application for timeshare
facilities is first submitted, by agreement between the applicant and the City, may be submitted
at a later date. Approval shall be subject to the required documentation being received, and the
failure of an applicant to submit such documentation shall be grounds for disapproval.
H. Required Notice. Public notice shall be given for all conditional use permits associated with
timeshare facilities as required by this Code. In addition, in the event an apartment or condominium
facility or any portion thereof is proposed to be converted to a timeshare facility, written notice shall
be mailed to all persons residing in the facility, whether or not the unit in which the person resides will
be converted, not less than ten days prior to the Planning Commission hearing. Such notice shall be
mailed by the Planning Department at the expense of the applicant, and shall state the following:
1. The date, time, place, and purpose of the hearing;
2. Notification that if the permit is approved, tenants may be required to vacate the premises;
3. Notification that if the permit is approved, the property owner will be required to give all
tenants a minimum of one hundred twenty days' notice to vacate. However, such notice shall
LQZC.............................................................................................................................................................................................. 53
SUPPLEMENTAL RESIDENTIAL REGULATIONS...................................................................................... [Draft: 317195]
not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants' defaults
in the payment of rent or defacing or destruction of all or a part of the rented premises; and
4. A description of any available relocation benefits to be provided by the project applicant.
I. Required Findings. In addition to the requirements for findings of fact as established by
California law or other provisions of this Code, the approval of a conditional use permit for a timeshare
facility 0211 reQeire the following additional fndingg,
1. The proposal is in conformance with the City's General Plan, this Section, and other applicable
requirements of this Zoning Code;
2. The property is physically suitable for use as a timeshare facility; and
3. The use of the property as a timeshare facility will not cause an undue burden on adjacent and
nearby property owners.
J. Transient Occupancy Tax. Timeshare facilities shall be subject to all applicable provisions of
Chapter 3.24 of the Municipal Code.
LG\ a EN CE
V6UAN 11A.- ANV UU.-
LQZC.............................................................................................................................................................................................. 54
STAFF REPORT
PLANNING COMMISSION
DATE: MARCH 14,1995
CASE NO.; PLOT PLAN 95-549
APPLICANT: VINTAGE HOMES, A DIVISION OF CENTURY HOMES
REQUEST: APPROVAL OF A PLOT PLAN APPLICATION TO ALLOW MODIFICATION OF A
RECREATION LOT AT LAKE LA QUINTA
LOCATION: EAST SIDE OF CALEO BAY NORTH OF LAKE LA QUINTA DRIVE
BACKGROUND:
The subject property is the recreation lot which was created as a part of Tract 24230 and utilized by
the homeowners within the Lake La Quint& subdivision. The lot is an irregularly shaped piece of land
containing approximately 2.4 acres with frontage along the west side of the Lake. The card -gated
recreation lot has been developed with a tennis court, trellised promenade, parking lot for ten cars,
a walkway with picnic tables and landscaping including lawn areas for passive recreation, a small
boat ramp and dock near the south side of the lot. A one-way entry road from Caleo Bay is provided
near the south side of the lot exiting near the north end.
The recreational facilities which are presently provided are the result of several modifications which
were made since the initial submittal in 1990. Previous plans provided for a swimming pool, spa,
restrooms, clubhouse, boathouse and dock. Modifications prior to construction resulted in the
facilities now in place.
PROJECT PROPOSAL:
The applicants now wish to construct a 2,000 square foot clubhouse type structure with a swimming
pool. The clubhouse will consist of a 1,430 square foot meeting room, restrooms and an equipment
room totalling 300 square feet, and a workout room of approximately 275 square feet. A concrete deck
area is provided around the clubhouse and swimming pool.
These facilities are proposed to be located between the trellised promenade and parking lot area
adjacent of the lake. The clubhouse will be located closest to the Lake with the pool to the northwest
behind the clubhouse.
PCST.208
Architecturally, the clubhouse has been designed to be architecturally similar to the Marquessa
residential units which are the waterfront units north of the Lake. The walls will consist of stucco
with a hip roof with flat concrete tile. The maximum height of the structure is 21-feet 6-inches. A two -
foot covered roof overhang is provided around the sides of the structure. To take advantage of the
view, glass areas are provided toward the Lake. It is our understanding that these facilities are being
proposed in order to help the marketability of the new Spinnaker Cove (Vintage Homes) project.
Mr. Jim LaLoggla, the project director for the Lake La Quinta Homeowners' Association, has submitted
a letter indicating concurrence with the proposed construction in the recreation lot. The proposed
facilities are architecturally compatibility with the surrounding development in the recreation lot as
well as the Lake La Quinta tract. For most activities, the ten existing parking spaces in addition to
the on -street parking should be adequate. The structure which is proposed at this time, is similar in
size to the previously approved boathouse which was not constructed.
FINDINGS AND RECOMMENDATION:
Staff has determined that the findings as follows can be made:
1. The proposed project is in compliance with the General Plan and applicable requirements and
ordinances of the City.
2. The project has been designed in a way which will protect the public health, safety, and
welfare and be a logical development of the land.
3. The project is compatible with the surrounding Lake La Quints project and has been approved
by the Lake La Quinta Homeowners' Association as noted in the letter on file in the Community
Development Department.
Staff therefore, recommends by Minute Motion 95- , approval of the request subject to the attached
conditions.
Attachments:
1. Location map
2. Letter of request dated February 15,1995
3. Letter from Jim LaLoggla dated February 8,1995
4. Draft Conditions of Approval
5. Plot plan, floor plan, and elevation exhibits
PCST208
I�
1
I®
P M t40/93-t00
CASE MAP
CASE No.
F-
wa
w
m
F-
v�;
v� •
CO
C
a
ORTH
SCALE:
NTS
CENTURY HOMES
Century•Crc well Communities
✓®
February 15, 1995
Mr. Stan Sawa
Planning Department
City of La Quinta
RE: Design Review submission for proposed cl
the community of Lake La Quinta
Q
LE1 F
CITY OF LA OUINTA
PLANNING DEPARTMENT
ubhouse and pool for
This is a submission for a "Yacht Club" and Pool on the Recreation
Lot DD at Lake La Quinta for consideration by the City of La
Quinta. The City is in possession of a letter from both the
developer and the Lake La Quinta Homeowners' Association approving
the design, construction and the site plan for these facilities.
The clubhouse is comprised of a 1430 sq.ft. meeting room, restrooms
and an equipment room totalling 300 sq.ft. a workout room of 276
sq.ft. for a total of 2006 sq.ft. together with a pool. Further,
there is to be a concrete deck around the club house.
The roof is to be a flat profile concrete tile and the build' ng
clad in stucco the colors of both having been approved and
specified by the HOA with a sample board being submitted for your
review.
Already existing on the lot is a tennis court, a large trellis, a
boat launch ramp, a parking lot and access road.
The overall development is being marketed as a lake oriented
community such that travel by boat is encouraged and promoted as
part of the community's lifestyle. Were the yacht club to be used
for a private party, there is the ability to get to the club by
some combination of boat, foot or car. As a provision for parking,
cars would utilize the existing parking lot, one side of the one
way access road within the recreation lot and if needed Caleo Bay
itself. Once again, we don't anticipate all persons at a function
arriving solely by car but even if a majority did, we believe there
to be appropriate provision for parking without turning the
recreation lot itself into a parking lot.
The placement of the clubhouse and pool has been at the request of
both the developer and the HOA in order to maximize the privacy of
the homes that are being built immediately across the water. As
part of the overall effort, the Association plans to landscape the
area around the pool and clubhouse per the accompanying site plan.
Sincerely,
Arthur Levine
Project Director, Vintage Homes
on behalf of the Homeowners' Association of Lake La Quinta
1535 South "D" Street, Suite 200 • San Bernardino, CA 92408
(909) 381-6007 • FAX (909) 381-0041
02-08-1995 04:38PM FROM WILMA Lake LaOuinta TO
19093810041 P.02
da
01sqTOM16
LA& LA QU I NIA
x�_
February 8, 1995
City of La Quinta
Planning Department
78-495 Calle Tampico
La Quinta, CA 92253
RFi Ldke La Qlllnta Rggihntial Meeting Room
Dear Mr. Berman
Century Homes has been authorized by Lake La Quinta Homeowner's
Association and Wilma -La Quinta to act on our behalf to seek
approval for the development of the Yacht Club proposed for
our private park.
Sincerely,
Jim LaLoggia
Project Director
Lake La Quinta H.O.A.
JL/as
47 305 VIA RAVENNA - LA Q INTA. CALIFORNIA 92253
619-564 5407 FAX 619.564-5204
TOTAL P.02
CONDITIONS OF APPROVAL. -DRAFT
PLOT PLAN 95-549, VINTAGE HOMES
A DIVISION OF CENTURY HOMES
MARCH 149 1995
FINDINGS•
1. Approval of the proposed project is in compliance with the General Plan and
applicable requirements and ordinances of the City.
2. The project has been designed in a way which will protect the public health, safety,
and welfare and be a logical development of the land.
3. The project is compatible with the surrounding Lake La Quinta project and has been
approved by the Lake La Quinta Homeowners Association as noted in letter on file
in the Community Development Department.
CONDITIONS:
1. The development of this site shall be generally in conformance with exhibits
contained in the file for Plot Plan 95-549, on file in the Community Development
Department, unless otherwise amended by the following conditions.
2. The approved plot plan shall be used within one year of the Planning Commission
approval date. Otherwise it shall become null and void and of no effect whatsoever.
"Be used" means the beginning of substantial construction of this project, not
including grading which has begun within the one year period and thereafter
diligently pursued to completion. The applicant may request a one year extension
prior to expiration of this approval pursuant to City code requirements.
3. Provisions shall be made to comply with the terms and requirements of the City
adopted infrastructure fee program in effect at the time of issuance of a building
permit.
4. Construction shall comply with all applicable local and state building code
requirements in effect at the time of issuance of a building permit.
5. Prior to issuance of a grading and/or building permit for construction of any building
or use contemplated by this approval, the applicant shall obtain permits and/or
clearances from the following public agencies:
1. Fire Marshal
2. Public Works Department
3. Community Development Department
CONAPRVI-325
4. Coachella Valley Water District
5. Desert Sands Unified School District
6. Imperial Irrigation District
7. Riverside County Health Department
Evidence of said permits or clearances from the above mentioned agencies shall be
presented to the Building and Safety Department at the time of application for any
permit for any use contemplated by this approval.
6. Enclosed trash area for trash cans or trash bins, as allowed by local waste company
shall be provided on the site. The enclosure shall comply with City and Waste
Management of the Desert design requirements which includes decorative masonry
walls, solid metal doors mounted on steel posts in a concrete pad in front of the
enclosure.
7. All required facilities shall be accessible if required by the Americans With
Disabilities Act (ADA) of 1990.
8. Should any signs be requested, they shall comply with applicable sign requirements
and be reviewed and approved by the Community Development Department.
9. Final color and materials used shall match those on file in the Community
Development Department.
10. Final working drawings, including any landscape revisions, shall be reviewed and
approved by the Community Development Department prior to issuance of a
building permit.
FIRE MARSHAL CONDITIONS:
11. Provide or show there exists a water system capable of delivering 1250 gpm for a 2
hour duration at 20 psi residual operating pressure which must be available before
any combustible material is placed on the job site.
12. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 21/2"),
located not less that 25' nor more than 165' from any portion of the building(s) as
measured along approved vehicular travelways.
13. Applicant/developer shall furnish one blueline copy of the water system plans to the
Fire Department for review/approval. Plans shall be signed/approved by a registered
civil engineer and local water company with the following certification: "I certify that
the design of the water system is in accordance with the requirements prescribed by
the Riverside County Fire Department."
CONAPRVL325
14. Install panic hardware exist signs as per Chapter 33 of the Uniform Building Code.
15. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than
2A10BC in rating. Contact certified extinguisher company for proper placement of
equipment.
16. Install Knox Lock Boxes, Models 4400, 3200 or 1300, mounted per recommended
standard of the Knox company. Plans must be submitted to the Fire Department for
approval of mounting location/position and operating standards. Special forms are
available from this office for the ordering of the Key Lock Boxes. This form must
be authorized and signed by this office for the correctly coded system to be
purchased.
17. Whenever access into private property is controlled through use of gates, barriers,
guard houses or similar means, provision shall be made to facilitate access by
emergency vehicles in a manner approved by the Fire Department. All controlled
access devices that are power operated shall have a Knox Box override system
capable of opening the gate when activated by a special key located in emergency
vehicles. Devices shall be equipped with backup power facilities to operate in the
event of power failure. All controlled access devices that are not power operated
shall also be approved by the Fire Department. Minimum opening width shall be 16'
with a minimum vertical clearance of 15 feet.
18. Final conditions will be addressed when building plans are reviewed. A plan check
fee must be paid to the Fire Department at the time building plans are submitted.
CONAPRVI..325
MINUTES
PLANNING COMMISSION
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
FEBRUARY 28, 1995
I. CALL TO ORDER
A. This meeting of the Planning Commission was called to order at 7:02 P.M. by
Chairman Adolph. Commissioner Abels led the flag salute.
II. ROLL CALL:
A. Chairman Adolph requested the roll call: Present: Commissioners Abels, Anderson,
Barrows, Butler, Gardner, Newkirk, and Chairman Adolph.
B. Staff present: Community Development Director Jerry Herman, City Attorney Dawn
Honeywell, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and
Department Secretary Betty Sawyer.
III. PUBLIC COMMENT
IV. PUBLIC HEARINGS - None
V. BUSINESS ITEMS:
A. Special Advertising Device 95-064; a request for approval of temporary off -site
directional signage for Legends of Golf Tournament in April, 1995.
1. Associate Planner Greg Trousdell presented the information contained in the
staff report, a copy of which is on file in the Community Development
Department.
2. Commissioner Gardner suggested the number of signs be expanded to allow
the applicant to place additional directional signs along Washington Street.
3. Commissioner Abels suggested that 25 signs be allowed. Staff stated that the
Planning Commission was the approving agency and could approve any
number they so desire to. Staff would like to have a condition added to
require the applicant to provide the location of the signs and coordinated their
location with the Public Works Department and obtain staff approval.
PC2-28
4. Commissioner Anderson suggested that they approve up to 25 signs subject
to staff approval for location.
5. Commissioner AbelsBarrows to adopt Minute Motion 95-010 approving
Special Advertising Device 95-064, subject to conditions as noted in the staff
report and a limit of 25 signs, subject to approval of the Community
Development Department. Unanimously approved.
B. General Plan Consistency Findings for Coachella Valley Water District; a request of
CVWD for approval of a General Plan consistency fording for the construction of the
Cahuilla Zone Reservoir north of Lake Cahuilla.
1. Principal Planner Stan Sawa presented the information contained in the staff
report, a copy of which is on file in the Community Development
Department.
2. Chairman Adolph asked how this would affect the City's Hillside
Conservation Ordinance regarding building on the hillside. Staff clarified
that the ordinance makes exceptions for public agency structures.
3. There being no further questions of staff, Mr. John Carella of CVWD gave
the background information for a 10 million gallon Reservoir. He then
introduced Patty Schwartz, Project Engineer for the project, who went into
detail regarding the project and the areas it would serve.
4. Commissioner Ables asked if this would take care of future development in
the area. Ms. Schwartz stated it would take care of the immediate needs.
5. Commissioner Barrows asked if the developments to the south of The Quarry
would be covered by this reservoir. Mr. Carella stated the new developments
are not within the zone and the Travertine and Green projects will have to
provide their own reservoir. However, the developer would be under the
guidelines of CVWD for the construction of the reservoirs.
6. Chairman Adolph asked where the Sheriffs shooting range was located in
relation to the reservoir. Ms. Schwartz explained the location of the range
and stated it would be about a mile away and the access road to the reservoir
would have a gate to prevent unauthorized vehicle access.
7. Chairman Adolph asked about the previously installed storage tanks above
the Cove and why they had not been required to be landscaped. Mr. Carella
stated these were installed under a different CVWD policy. They were
installed with the sole purpose of being useful. Since then the Water
District's policy had changed and the tanks installed had been installed at a
lower elevation so it would not be seen. This tank would have native
landscaping and berming. It was now the District's policy to provide
PC2-28
landscaping and berming on all new projects and hopefully to rectify the old
ones as repairs or modifications were needed.
8. Chairman Adoph expressed his concern that the Planning Commission had
requested landscaping at the installation of the last tank requested by the
District and the tank was not landscaped. Now they were asking to install
another tank. Chairman Adolph asked what guarantee does the City have that
the District will landscape the tank? Ms. Schwartz stated there was a
$200,000 landscaping budget for the designing and landscaping of the site.
In addition, they will meet with all three PGA West Homeowner
Associations and KSL Recreation Corporation to inform them of the
District's plans.
9. Commissioner Barrows asked if the plants to be used would be native and
desert:landscaping used. Ms. Schwartz stated they were being very specific
to be sure they were native to the extent some of the seeds were hand
gathered and replanted.
10. There being no further discussion, it was moved and seconded by
Commissioners Anderson/Abels to adopt Minute Motion 95-011 to find that
the CVWD Cahuilla Zone Reservoir is consist with the General Plan.
Unanimously approved.
C. Sign Application 95-291; a request of La Quinta Cliffhouse Restaurant for approval
to construct a new freestanding monument sign to supplement their existing sign
program.
1. Associate Planner Greg Trousdell presented the information contained in the
staff report, a copy of which is file in the Community Development
Department,.
2. Chairman Adolph asked if the applicant wished to address the Commission.
Mr. Richard Boudreau stated his reasons for requesting the additional
signage.
3. Commissioner Butler asked if the signage would give additional visibility to
the night traffic. Mr. Boudreau stated it would help.
4. Commissioner Abels asked if the applicant would have any objection to
removing the existing freestanding sign. Mr. Boudreau stated he would like
to keep the original sign as it added character to the building and mountain.
5. Chairman Adolph asked if the applicant didn't feel the additional signage
would be overkill. He understood the reason for a westbound traffic sign, but
the eastbound sign would be too much. Mr. Boudreau stated he did not think
it would be overkill. Commissioner Abels agreed that it would not be too
much.
PC2-28
6. Commissioner Gardner stated he agreed with Chairman Adolph that the
eastbound traffic would have two signs and that was unnecessary.
7. Commissioner Butler stated he felt the two signs were necessary because of
the amount of rocks used in the landscaping and visibility problems the
property has because of the Point Happy mountain.
8. Commissioners Barrows and Abels stated they agreed they would rather have
the added signage for safety and in addition the signs were not obtrusive and
blended in with the mountain and landscaping.
9. Chairman Adolph stated his concern that he did not want to set a precedent
by allowing too much signage. He understood the reasoning behind the
request. He addressed staff if this location had been determined to be the
best location for the signage. Staff stated they had worked with the applicant
to determine a new location. Mr. Boudreau thanked the Chairman for his
concern.
10. Commissioner Abels read from the staff report that the applicant could apply
for additional signage if certain findings could be made. Commissioner
Barrows stated the findings showed the request did comply.
11. There being no further discussion, it was moved and seconded by
Commissioners Barrows/Butler to adopt Minute Motion 95-012 approving
a sign. adjustment (Sign Application 95-291) for a new freestanding
monument sign to supplement their existing sign program. Unanimously
approved.
D. Plot Plan 94-529; a request of Century Homes, Mr. Dennis Cunningham, for review
of the Conditions of Approval regarding fencing at the Rancho Ocotillo subdivision.
1. Commissioner Butler excused himself due to a possible conflict of interest.
2. Associate Planner Greg Trousdell presented the information contained in the
staff report, a copy of which is on file in the Community Development
Department.
3. There being no questions of staff, Chairman Adolph asked if the applicant
wished to address the Commission. Mr. Dennis Cunningham stated he did
not agree with staff s recommendation requiring the installation of the return
stub walls on the fence. The walls being required had no impact regarding
compatibility. The existing walls were not an aid to the developer but to the
homeowner. They have found that as the property owner wishes to add a
pool or patio, they tear out the wall to gain the extra access and it becomes
an added expense to the property owner. He reviewed the existing
Compatibility Ordinance before installing the gates and felt that he was in
compliance with it. The gate and panels are 40-feet back from the street and
PC2-28
painted white to be compatible with the existing fencing. They installed
pedestrian gates and the double gates can be added at an extra expense.
4. Commissioner Abels asked the applicant what he meant by "value
engineering". Mr. Cunningham stated it was how they could best satisfy the
needs of the property owner and create privacy. "Value engineering" would
mean the property owner would. only have to dismantle the gate to gain
access to the rear yard without demolitioning a newly built slumpstone wall.
The cost therefore, would only be $100-200 instead of $1,600.
5. Commissioner Abels asked if a conveyor belt could be used to bring out the
dirt from the backyard rather than tearing out the wall and pedestrian gate.
Mr. Cunningham stated the cost was too high. He had received complaints
from property owners because of the problems they were incurring building
swimming pools. Commissioner Abels stated that conveyor belts are used
widely in the industry to remove the dirt from unaccessible areas. Mr.
Cunningham stated he had not seen them used once in the desert and it would
be more costly than removing the gate and panel proposed by their company.
6. Commissioner Abels asked if the applicant felt the Polaroid picture shown of
the gate was consistent with what the City wanted. Mr. Cunningham stated
a metal panel would be added to the wrought iron fence to screen the side
yard. Commissioner Abels stated concern that the gates are two different
types of gates. Discussion followed regarding the difference in the gates.
7. Commissioner Abels asked why the Commission should change the
conditions. Mr. Cunningham stated he was asking for a modification, for the
betterment of the community. The applicant went on to explain his
reasoning.
8. Commissioner Abels stated this was not consistent with the conditions.
Conditions #14 calls for six foot high walls and these walls do not appear to
be six feet high. Mr. Cunningham stated they were to be between 5'4" and
60". Commissioner Abels asked if this was consistent with the
requirements? Commissioner Abels stated what was the reason for the
Commission to give conditions if they were not going to follow them. Mr.
Cunningham stated that in their estimation they do meet them.
9. Chairman Adolph asked how often homeowners approached the builder
regarding changes such as pools. Mr. Cunningham stated they have
approximately 30% of the homeowners request the pool before the wall is
constructed. Chairman Adolph stated that for those cases a double gate was
not needed. Mr. Cunningham stated they installed the single gate unless the
homeowner requests the double gates.
PC2-28
10. Chairman Adolph stated this was not approved by the Commission and for
the developer to do this was in violation of the Commissions approval. If the
homeowner desires to change it after the close of escrow, that is their
prerogative, but the developer will follow the conditions as set forth by the
Commission.
11. Commissioner Abels stated he was not anti -development but he was in strong
support of seeing that the Commission passed conditions are followed and it
did not: appear that Century was willing to following those conditions. The
Commission expects the developer to follow what is given them. Mr.
Cunningham stated he felt sometimes it is an interpretive decision that is not
understood.
12. Commissioner Gardner stated this was the purpose of the Commission and
the reason they were here and it did not appear to be the way Century was
going. Mr. Cunningham stated he agreed that on some issues that was
correct. The sales department will do what is necessary to make the sale.
Commissioner Gardner stated yes, the sales department will give away the
farm to make a sale. If the sales people are selling these homes on the
condition that they can put an RV in the backyard they are wrong. Mr.
Cunningham stated they were not selling the double gate, only installing at
the request of the property owner supposedly before the close of escrow.
13. Commissioner Newkirk asked the applicant to clarified that the developer
was installing the gate only at the request of the homeowner. Mr.
Cunningham stated they had taken liberties to place a gate and panel at the
request of the homeowner. Most are single gates with a fixed panel.
14. Commissioner Abels stated this was a pattern with the developer to keep
coming back and back when the condition did not meet the developers needs.
This was upsetting to the Commission. The Commissioners stated they felt
it was up to the developer to tell the homeowner that the developer cannot
install the double gates. Thereafter, is the homeowner wishes to install the
double gates after close of escrow it is his option.
15. Chairman Adolph stated the Commission had discussed this far enough.
Commissioner Abels stated he did not want to beat the horse to death because
it had already died. Mr. Cunningham stated he was still limping.
16. Commissioner Anderson was concerned that with the wrought iron panels,
Century had not come to the Commission before they were installed. The
problem is the liberty being taken by Century. They were installing the gates
before; asking the Commission and the design was not as appealing as the
existing front yard fencing.
PC2-28
17. There being no further discussion with the applicant, Chairman Adolph asked
for fiu ther comment. Ms. Barbara Irwin, Ranch:) Ocotillo resident, addressed
the Commission regarding the fencing issue. She stated that she had spoken
to one of the new homeowners who had a home with a double gate and he
stated that he had not asked for the double gates. In addition, there is no
landscaping. Staff informed the applicant that no Certificate of Occupancy
would be issued. At present there are four homeowners with the double gates
occupied and the homeowners are not aware of the problem with the gates.
She went onto cite other objections and situations that were in violation of
the conditions.
18. There being no further discussion, it was moved and seconded by
Commissioners Abels/Anderson to adopt Minute Motion 95-013 to deny the
request of the applicant to install the wrought iron double gates with metal
panels,. The applicant was to conform to the terms as stated in Conditions
# 14 and # 17 and with their determination of February 14. The
Commissioners stated this was their decision. Unanimously approved.
19. Commissioner Butler rejoined the meeting.
E. La Quinta Zoning Ordinance Update; a request of staff for a work session on a
portion of the Zoning Ordinance update.
1. Community Development Director Jerry Herman stated that the
Commissioners did not have enough time to review the update, therefore,
staff will schedule this item for the March 14th Planning Commission
meeting as a workshop.
VI. CONSENT CALENDAR
A. There being no corrections, it was moved and seconded by Commissioners
Anderson/Barrows to approve the Minutes of February 14, 1995, as submitted.
Commissioner Gardner asked that the names of the Commissioners be corrected.
There being on further corrections, the minutes were approved as corrected.
VII. COMMISSIONER ITEMS
A. Commissioner Anderson reported on the City Council meeting of February 21,
1995.
VIII. ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners Gardner/Abels to
adjourn this meeting of the Planning Commission to a regular meeting at 4:00 P.M. on March 14,
1995. This meeting of the Planning Commission was adjourned at 8:22 P.M., February 28, 1995.
Unanimously approved.
PC2-28