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PCRES 1993-046PLANNING COMMISSION RESOLUTION 93-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE AMENDMENTS TO TITLE 9, PLANNING AND ZONING, OF THE LA QUINTA MUNICIPAL CODE REGARDING MINIMUM HOUSE SIZE AND COMPATIBLE STANDARDS WITHIN RESIDENTIAL DEVELOPMENTS CASE NO.: ZONING ORDINANCE AMENDMENT 93-039 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of December, 1993, hold a duly noticed public hearing pertaining to the amendments of the La Quinta Planning and Zoning regulations; and, WHEREAS, the General Plan of the City has the following objectives: 2.1.1: The General Plan shall identify residential land use categories on the Land Use Policy Diagram which provides for a variety of residential product types, densities, and development characteristics. 2.1.3: The General Plan shall utilize alternative means to ensure appropriate diversity of residential uses and development consistent with the General Plans Housing Element. WHEREAS, the City has adopted various zoning districts which permit various house and lot sizes; and, WHEREAS, the City has provided for deviations from the single family development standards for senior and affordable housing developments and subdivision; and, WHEREAS, the Planning Commission strives to assure that partially developed residential subdivisions will be developed with compatible residential units; and, WHEREAS, the amendments have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Planning Director considered an Initial Study and has determined that the proposed amendments will not have a significant adverse impact on the environment and determined that a Negative Determination is warranted for adoption; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commission did find the following facts and reasons to justify the recommendation for approval of said Text Amendments: RESOPC.125 1 The proposed amendments are generally compatible with the goals and policies contained in the La Quinta General Plan. 2. That the proposed amendments will not significantly impact the environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby confirm and certify the conclusion of Environmental Assessment 93- 273 that the proposed Text Amendments will not result in any significant adverse effects and that a Negative Declaration should be adopted; 3. That it does hereby recommend approval to the City Council of the above described Zoning Ordinance Amendments for the reasons set forth in this Resolution and as illustrated in Exhibit "A" attached hereto. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of December, 1993, by the following vote, to wit: AYES: Commissioners Ellson, Marrs, Abels, Chairwoman Barrows NOES: Commissioner Adolph ABSENT: None ABSTAIN: None KAT E BARROWS, Chairman City of La Quinta, California ATTEST: :Y HIJRMAN, Planning Director of La Quinta, California RESOPC.125 2 Recommended by Planning Commission EXHIBIT "A" December 28, 1993 APPROVAL PROCESS ZONING ORDINANCE AMENDMENT 93-039 TO BE ADDED TO THE R-1, R-2, R-2a R-3, R-V ZONES Single Family Dwelling Unit Development Standards All single family unit developments, regardless of zoning district, must comply with Compatibility Development Standards if units have been constructed within the subdivision. Except that senior citizen and/or affordable housing developments/subdivisions are permitted deviations from the following requirements, provided that 1) the overall density of the development/subdivision does not exceed the density (plus any bonuses) as designated by the General Plan Land Use diagram; and, 2) the senior citizen and/or affordable housing development/subdivision is reviewed by the conditional use permit process. The deviations from the standards can only be granted through the conditional use permit process. 1. Minimum gross livable area shall be 4-,400 1.300 square feet, excluding the garage, as measured from the exterior walls of the dwelling. 2. Bedroom dimensions: a minimum of teft feet eles& width md depth dimension bedroom size of 100 square feet, as measured from the interior walls of the room. 3. Bathrooms: there shall not be less than one and one-half baths in one or two bedroom dwellings, and not less than one and three-quarter baths in dwellings with three or more bedrooms. 4. Garage dimensions: each dwelling shall have a two -car garage with interior dimensions not less than twenty feet square (20' X 20'), which space shall remain clear of mechanical equipment, appliances, or other improvements which conflict with its purpose to store vehicles. An additional four feet shall be provided to the width or depth if mechanical equipment or appliances, including but not limited to washer, dryer, and forced air unit, are contained within the garage interior. A water heater is permitted without additional interior garage area being required provided that it is located so as not to conflict with vehicular parking or pedestrian access. 5. Access between house and garage: a separate pedestrian door into the garage shall be provided as either an interconnecting door providing direct access between the dwelling and garage, or a pedestrian door leading outside to a paved walkway which provides direct access to a keyed entry into the dwelling. DOCJH.092 1 6. Mechanical and related equipment: when ground -mounted, heating and cooling _ mechanical equipment shall be screened from all sides. When equipment weH9 is located on pitched roofs ffiid or equipment en flat roofs wells and/or screening must be provided on all sides fflust be sereened. The screening must be an integral part of the architectural design of the house. 8. Landscaping: the front yard of all lots, and in addition, the side yard of comer lots, shall be landscaped to property line per the requirements of the development standards of the Zoning District. 9. Screening: refuse container areas and permanently mounted bottled gas tanks shall be concealed by landscaping or block/masonry walls. 10. Underground utilities: all electric services, overhead wires, or associated structures must be installed underground from the service pole (if any) to the new residence. 11. Driveway materials: the driveway shall be surfaced with concrete and constructed in accordance with City standards. 12. Lighting: all exterior lighting shall be located and directed so as not to shine directly on adjacent properties or otherwise create a nuisance (see Chapter 9.210). 13. Fencing: refer to the fencing requirements contained in the Development Standards of the underlying Zoning District. Single Family Dwelling Unit Approval Process One of the following methods shall be used to review Hew single family dwelling unit proposals prior to the issuance of a building permit. DOCJH.092 2 1. The precise plan process (Section 9.42.110) shall be used for single family dwelling units proposed for construction on a lot within the City unless the compatibility review process is r uir , 2. The compatibility review process (Section ___) shall be used for any single family dwelling unit proposed for construction within a subdivision or any partially built -out phases within a subdivision recorded after May 1, 1982, where the units proposed are classified as a major design deviation from the previously approved units. Minor and Major Design Deviation The Planning and Development Department shall make the determination of whether a design deviation is major or minor using the following criteria: A minor design deviation can be approved by the Planning and Development Department without a public hearing using the precise plan process (Section 9.42.110). Minor design deviation means a modification of an approved architectural unit within a subdivision that involves items such as, but not limited to, less than five percent (5%) change in square footage of existing constructed or approved units; columns, dormer vents, window size changes, plant -on locations, color, and stucco texture changes. The Planning and Development Director may refer the minor design deviation to the Planning Commission for a non -hearing compatibility review. 2. A major design deviation is subject to the review and approval process of Section Compatibility Review Process. A major design deviation means, a five percent (5%) or more change in square footage of existing constructed or approved units; any exterior architectural modification not defined as a minor design deviation. DOCJH.092 3 A NEW CHAPTER WOULD BE CREATED IN THE ZONING ORDINANCE Compatibility Review Process The completed application along with the following information shall be submitted to the Planning and Development Department. 1. One copy of the preliminary title report or deed of trust to the subject property. 2. Eighteen (18) sets of the site development plan (number as required by the Planning and Development Department), each set to incorporate the following: a. Dimensioned floor plan(s) relating to all building layout aspects, showing bedrooms, kitchens, hallways, baths, etc. b. Four -point elevations of the units proposed, delineating architectural feature(s), and listing proposed building materials, finishes, colors, etc. C. A detailed site plan delineating all siting aspects of the development (i.e., setbacks, topography, fencing locations, locations provided for ground maeftted mechanical and heating/air conditioning systems, parking, accessways, adjacent streets, utilities, and drainage. d. A conceptual site landscaping plan, showing a listing of quantities, species, location and plant sizes to be incorporated into the final landscaping of the project. The final approved landscape plan must be stamped "approved" by the Riverside County Agricultural Commissioner's office prior to the issuaflee ofa building-perfni final inspection. e. When new units are proposed adjacent to existing unit(s) show, with eneugin detail, the architectural relationship of the existing and proposed unit(s). This may be done with photos, new elevations, etc. Y 3. Two sets of all plans reduced to eight and one half inches by eleven inches, and submitted on other similar format suitable for presentation. 4. One eight inch by thirteen inch (8" X 13")color, material and finish sample board for the unit's exterior areas, including, but not limited to, roof covering, facia boards, tile inlays, stucco finish, wood or other plant -on materials, etc. Colors and materials shall be keyed to at least one set of architectural elevations. 5. One colored elevation of all sides of the unit oriented to public view, in accordance with the materials sample board submitted. 6. Any other additional information as may be required. DOCJH.092 4 Completeness of Application No residential application shall be processed until all information as required by this chapter has been submitted. Determination of completeness shall be in accordance with the provisions of the California Government Code 65943 or successor provisions. Development Standards for Compatibility Review Process The units shall only be approved when they comply with the following standards: The proposed use conforms to all the provisions of the General Plan and specific plans, and with all applicable requirements of State law and the ordinances of the City. 2. A two story house cannot be constructed adjacent to or abutting a lot line of an existing single story home constructed in a prior phase of the same subdivision, unless proof can be provided showing that a two story unit was proposed for the lot by the prior builder. 3. If lot fencing has been provided in the subdivision, the developer must provide the same, or better, type of fencing including perimeter subdivision fencing. A proposed single family dwelling unit must een4k sib be compatible in terms of: a. architectural material such as roof material, window treatment and garage door style b. Colors C. Roof lines as the existing units, or units which are approved for construction as determined on the plans and materials board, within the same subdivision unless otherwise approved by the Planning Commission. At least one specimen tree shall be provided in the front or street side yard in addition to as Dart of the landscape requirements of the zone. 7. All single family dwelling units proposed must comply with the requirements contained in the Development Standards Section DOCJH.092 •�v The smallest single family dwelling units proposed within a partially developed subdivision may deviate in size so that the proposed units are no more than 10% smaller in size than the smallest previously built unit in the subdivision. 9. The Planning Commission when approving compatibility units may limit the type and the number of a particular unit to be constructed within the subdivision. REVIEW BY THE DESIGN REVIEW BOARD The Design Review Board shall review all proposed units and make a recommendation to the Planning Commission. The Design Review Board shall take one of the following actions during their review: 1. Recommend approval as submitted. 2. Recommend modification. 3. Refer to the Planning Commission without a recommendation. The request before the Design Review Board is a non -hearing item, however, public comment can be taken at the discretion of the Board from the applicant or interested parties. PLANNING COMMISSION REVIEW All residential units shall be approved, conditionally approved, or disapproved by action of the Planning Commission, based upon the standards referred to in Section of this Chapter and the recommendation of the Design Review Board. The following findings must be made when an application is approved: 1. The architectural aspects of the development will be compatible with and not detrimental to other existing units in the subdivision. 2. Applicable development standards including, but not limited to, setbacks, parking, landscaping, site design, and similar features, will be compatible with and not detrimental to, other existing units in the subdivision. DOCJH.092 6 PUBLIC HEARING PROCESS The Planning Commission shall hold a public hearing on all applications. Notice of the time, date, and place of the public hearing shall be given at least ten calendar days prior to the hearing by the following procedures: Mailing to all owners of real property which is located within three hundred feet of the exterior boundaries of the parcel, lot, subdivision phase to be considered as such owners are shown on the last equalized assessment roll. Publication once in a newspaper of general circulation in the City. The Planning Director may require that additional notice be given by enlarging the notification radius. APPEAL PROCESS The applicant or any other aggrieved party may appeal the decision of the Planning Commission by the following procedure: Appeal to the City Council within ten calendar days after the date of the Planning Commission's decision, the applicant or aggrieved party may appeal the decision, in writing, to the City Council on the forms provided by the Planning and Development Department. Upon receipt of a completed appeal, the City Clerk shall set the matter for hearing before the City Council not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing in the same manner that notice was given for the Planning Commission hearing. City Council shall render its decision within thirty calendar days following the close of the hearing on the appeal. FEES The application and appeal fees shall be established by Council resolution. DOCJH.092 PROPOSED FEES Compatibility Review Application $835.00 Precise Plan Application (per unit) $ 25.00 Appeals Applicant or aggrieved party. $300.00 DOCJH.092