PCRES 1998-038PLANNING COMMISSION RESOLUTION 98-038
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LA QUINTA,
CALIFORNIA, RECOMMENDING ADOPTION OF
AN AMENDMENT TO CHAPTER 9.65 OF TITLE
9, OF THE LA QUINTA MUNICIPAL CODE
ZONING CODE AMENDMENT 98-060
CHAPTER 9.65; VILLAGE COMMERCIAL
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 261' day of May, 1998, hold a duly -noticed Public Hearing to consider a
recommendation on Zoning Code Amendment 98-060; and,
WHEREAS, said application has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" (as amended;
Resolution 83-68 adopted by the La Quinta City Council) in that the Community
Development Department has prepared an Initial Study (EA 98-353); and,
WHEREAS, the Community Development Director has determined that
said applications will not have a significant adverse effect on the environment and
that a Negative Declaration of Environmental Impact should be filed; and
WHEREAS, upon hearing and considering all testimony and arguments,
if any, of all interested persons desiring to be heard, said Planning Commission did
find the following facts, findings, and reasons to justify a recommendation to adopt
said Zoning Code Amendment:
1. The proposed Zoning Code Amendment will not be detrimental to the health,
safety, or general welfare of the community, either indirectly or directly, in that
no significant impacts have been identified.
2. The proposed Zoning Code Amendment is consistent with the goals, objectives
and policies of the La Quinta General Plan, in that adoption of these revisions
will further the protection of the health, safety and general welfare of the
citizens of La Quinta, and protection of the physical environment desired in The
Village area.
3. The proposed Zoning Code Amendment is consistent with applicable provisions
of the City's Zoning Code, as adoption of the proposed zoning revisions will
permit uses which allow project types desired in The Village area and similar
to those already contemplated under ultimate development of the La Quinta
General Plan, and which were addressed in the EIR previously certified for the
General Plan.
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Planning Commission Resolution 98 -038
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California as follows:
1. That the recitations are true and correct and constitute the findings of the
Planning Commission for this Zoning Code Amendment.
2. That it does hereby recommend to the City Council adoption of Zoning Code
Amendment 98-060 for the reasons set forth in this Resolution, and
incorporated as Exhibit A attached hereto.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 26"' day of May, 1998, by the following
vote, to wit:
AYES: Commissioners Abels, Gardner, Seaton, Tyler, Woodard, and Chairman
Butler.
NOES: None
ABSENT: Commissioner Kirk
ABSTAIN: None
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
IY HER AN, Community Development Director
of La Cluinta, California
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EXHIBIT
CHAPTER 9.65: VILLAGE COMMERCIAL DISTRICT
Sections: 9.65.010
Introduction
9.65.020
Permitted Uses
9.65.030
General Development Standards
9.65.040
Village Use Permit Review Process
9.65.010 Introduction
A. Role of The Village at La Quinta Design Guidelines - The provisions of this Chapter,
regulating uses and structures within The Village at La Quinta area, implement the concepts
and guidance set forth in The Village at La Quinta Design Guidelines (Guidelines). Land uses
and development proposed in The Village area shall be designed and evaluated in conjunction
with those Guidelines.
B. Purpose of Design and Development - The following purpose statements reflect the general
design concepts envisioned by the Guidelines.
1. Develop The Village area as a year-round commercial, residential and recreational
location, serving residents and guests of the greater La Quinta community.
2. Promote development standards to accommodate projects and activities which will
provide goods, services and housing in a design environment supportive of the
concepts set out in the Guidelines: promoting pedestrian accessibility and scale,
maintaining connections to La Quinta's artistic and architectural heritage, and guiding
design to acknowledge and embrace the desert environment.
9.65.020 Permitted Uses
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A. Permitted uses in the VC Zoning District will combine essential day-to-day neighborhood
goods and services, tourism and visitor -based retail and entertainment opportunities, and
facilities necessary for the operational demands of such uses.
B. The following uses are permitted in the VC Zoning District with approval of a Village Use
Permit (VUP), pursuant to the procedures set forth in Section 9.65.050. Where a
determination on a particular use is necessary, it shall be made pursuant to Section
9.65.050.C.
1. Single and multi -family dwellings. Such uses include town homes, condominiums,
apartments and similar housing types. Residential density shall be determined on a site
specific basis, based on the development capacity for the proposed project uses on the
site. The ultimate decision on density shall rest with the Planning Commission.
2. Commercial guest lodging (including bed and breakfast) and associated uses, such as
retail shops, restaurants and conference rooms.
3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic
endeavors and production, to include dance, painting, sculpting, ceramics, jewelry,
glass blowing, photography, hand -made furniture, stone cutting, and similar activities.
There may be sales, presentations and displays or demonstrations to the public.
4. Professional service offices providing limited sales, such as medical, dental, veterinary
clinic, dietician, optician, catering attorney, real estate, banking, mortgage broker,
social and community service offices, property management, financial services,
beautician, barber, reproduction service, tailor, cleaners and laundry, postal services,
services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with
larger scale service aspects, such as limousine and auto rental services, are permitted
(vehicles may be stored in the District). Uses such as construction management offices
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are permitted provided construction materials and job equipment are not kept on
premise.
5. Prepared food service for on -site consumption, drive-in and drive -through, and/or
carry -out, including fast-food restaurants, delicatessen, tea, coffee and ice cream
shops, pizzerias, and similar uses.
6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating.
Such uses include fine dining and other low to medium turnover restaurants; cocktail
lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses, with
alcohol sales for on -site consumption only, along with live, recorded or other
entertainment in or outdoors such as music and/or dancing, karaoke, arcade games,
pool, billiard or shuffleboard tables, etc.
7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner
theaters, conference center, gymnasium facilities, concert halls and related uses.
8. Indoor facilities for education, training, self-help and improvement, hobbies, or
vocational purposes, both public and private. These may be located in any facility
which can accommodate the use, such as ability to meet occupancy requirements, etc.
9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of
artifacts and/or artistic media, such as museums, auction houses and consignment
rooms. Such uses may include sale of display art pieces.
10. Retail merchandise sales of limited goods (goods that can be carried out and hauled
by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods,
newspaper and magazines, tobacco products, kitchen and bath shops, video and audio
equipment, clothing, pets and pet supplies, office equipment and supplies, party and
/or costume rentals, sporting goods, home furnishings, hardware and home
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improvement, and other related uses.
The permitted uses in The Village area do not preclude other similar uses which are
compatible with the specifically identified uses and otherwise meet the criteria for Village Use
Permit.
9.65.030 General Development Standards
A. Purpose - This Section outlines the basic development standards to be adhered to in the VC
Zoning District. These relate primarily to the performance standards commonly associated
with typical zoning enforcement, such as parking, setbacks, and height limits. This District
is to be considered as stand-alone, in that application of the overall Zoning Code to Village
area projects shall be accomplished through design review during the Village Use Permit
process, prioritizing the Guideline concepts and the VC Zoning District above the applicable
Zoning Code standards.
1. Setbacks. Setback criteria shall generally be determined based on the existing site
conditions and surroundings, in conjunction with the Guidelines and the proposed
project characteristics.
a. Along La Fonda and Calle Estado, between Avenida Bermudas and Desert
Club Drive, a minimum of 10 feet must be provided from property lines
fronting on those streets and at their intersections, to allow for pedestrian
access.
b. Setbacks along side and rear property lines are not required; however, any
setback provided must be made wide or deep enough to be usable space, such
as for pedestrian access to side -loading commercial space, stairwells, or
through -access between front and rear of the building(s).
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c. Arcades, trellises, awnings and similar architectural treatments are generally
exempt from setback requirements, but must be designed to accentuate a
pedestrian atmosphere, the proposed use(s), and the project architecture.
d. Upper floors of buildings should be designed to be set behind the immediately
lower floor, to achieve a terraced effect. This reduces the appearance of mass
to the structure, allows for upper floor outdoor areas and walkways, and
enhances pedestrian scale.
e. Projects with any retail commercial components shall maintain a minimum 10
foot landscaped setback from any RVL, RL or RMH zoned properties.
2. Heights. Building height shall generally be limited to 35 feet, or two (2) stories, for
main building mass. Architectural and roof projections not providing habitable or
otherwise usable space, such as chimneys, spires, finials, and similar features shall be
permitted to extend up to three feet above the maximum structure height. Structure
height shall be measured pursuant to Zoning Code Section 9.50.050.
3 Parking. Parking area requirements for permitted uses shall generally be determined
by staff as set forth in Chapter 9.150 of the Zoning Code, with the following
consideration:
a. All current parking regulations shall be applicable, such as required number
of stalls, space and aisle dimensions, location of parking areas, etc. However,
in the VC Zoning District, variations to any parking standards can be
approved. Such site specific findings may include the ability to provide off -site
parking potentially including payment of in -lieu fees.
4. Landscaping. Project landscaping shall be provided to implement the Guidelines and
existing City policies.
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5. Screening. Project parking service area and trash enclosure screening shall be
provided to implement the Guidelines and existing City policies.
6. Lighting. Project landscape, parking, building and pedestrian lighting shall be
provided to implement the Guidelines and existing City policies.
7. Special Sign Allowances. For Village area development, it is determined that in order
to preserve the greater aesthetic benefits and historic character of The Village area,
designated landmarks or historic resources, as defined in Chapter 7.02 of the La
Quinta Municipal Code, are considered exempt from the regulations set forth in
Chapter 9.160, with the exception that any signs proposed shall be subject to
obtaining an approved sign program through the Certificate of Appropriateness
process for historic buildings and structures.
9.65.040 Village Use Permit Review Process
A. Purpose and Intent. This Section is intended to provide for specific design review procedures
for uses and projects proposed in The Village area.
B. Preliminary Development Plans. Any potential project applicant in The Village area has the
option to file a Preliminary Development Plan (PDP) to ascertain anticipated conditions,
requirements and costs associated with a proposal. This allows the applicant to be informed
of any potentially significant issues which may affect any decision to pursue the project. There
shall be no fees charged to any applicant who wishes to utilize this process, which offers the
following advantages:
1. Provides a comprehensive overview of City applications, fees, and other requirements
necessary to obtain project approval, in writing.
2. Provides previous project background which can speed up the formal approval
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process when the project is submitted.
3. The written information can be used as the basis for an estimate of project costs, in
order to determine a project's viability.
Submittal for this process consists of five (5) sets of a site plan, floor plan and four -point
elevations, in conceptual format, and a brief, written project overview which should list the
site location, assessors number, acreage, etc.
Within thirty (30) calendar days of receipt of a Preliminary Development Plan application, a
review letter shall be issued to the applicant, incorporating all comments received during the
review period.
C. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a
request for an interpretation of the use in question may be made, in writing, to the Community
Development Director. Within ten (10) calendar days of receipt of a such a request, the
Director shall either render a decision on the request or inform the inquiring party of deferral
of his decision to the Planning Commission. A written decision to defer to the Planning
Commission shall specify the earliest available Planning Commission meeting for the decision
to be considered, to be no later than 30 calendar days from the date of the Director's notice
of deferral. A decision by the Director or Planning Commission may be appealed pursuant to
Section 9.20.040.
D. Village Use Permit Requirements. All new development proposals in the Village area shall
be required to file an application for a Village Use Permit. A "new development proposal" is
defined as any of the following:
1. New building construction proposed for vacant property or associated with
demolition and reconstruction of an existing building;
2. Any change of use exceeding 50% or more of the building floor area of the originally
permitted use; and,
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3. Any expansion/addition to an existing use comprising a 25% or more increase in the
existing building's net floor area.
Village Use Permits shall be subject to review by the Planning Commission as a Public
Hearing.
E. Any proposal in the VC zoning district determined as not meeting the criteria in Section
9.65.040.D shall be subject to review as either a Minor or Major Deviation.
1. Minor Deviations may be approved by the Community Development Department with
no public hearing or other formal review process. A Minor Deviation is any proposal
not meeting the criteria in Section 9.65.040.D, which constitutes a change of less than
5% of any approved or existing building area; columns, dormer vents, window size
changes, plant -on locations, color and stucco texture changes.
2. Major Deviations are subject to review and approval by the Planning Commission. A
Major Deviation is any proposal not meeting the criteria in Section 9.65.040.D, which
constitutes a change of 5% to 25% for any approved or existing building area; any
exterior architectural modification not determined to be a Minor Deviation,
3. Major Deviations shall be processed under the Site Development Permit process, as
set forth under Section 9.210.010.
F. Findings for Approval. The following findings shall be made by the decision -making authority
prior to the approval of any Village Use Permit:
Consistency with General Plan. The development of the proposed use is consistent
with the La Quinta General Plan.
2. Consistency with Zoning Code. The development of the proposed use is consistent
with the La Quinta Zoning Code.
3. Compliance with CEQA. The proposed Village Use Permit application has been
processed in compliance with the requirements of CEQA.
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4. Surrounding Uses. Approval of the proposed Village Use Permit will not create
conditions materially detrimental to the public health, safety and general welfare, or
injurious to or incompatible with other properties or land uses in the vicinity.
5. Architectural Design. The architectural design of the project, including but not limited
to the architectural style, scale, building mass, materials, colors, architectural details,
roof style, and other architectural elements are compatible with surrounding
development and the quality of design illustrated in the Village at La Quinta Design
Guidelines.
6. Site Design. The site design of the project, including but not limited to project entries,
interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of
equipment and trash enclosures, exterior lighting, and other site design elements are
compatible with surrounding development and the quality of design illustrated in the
Village at La Quinta Design Guidelines.
7. Landscape Design. Project landscaping, including but not limited to the location,
type, size, color, texture, and coverage of plant materials, has been designed so as to
provide visual relief, complement buildings, visually emphasize prominent design
elements and vistas, screen undesirable views, provide a harmonious transition
between adjacent land uses and between development and open space, and provide
an overall unifying influence design and elements of the Village Use Permit are
compatible with surrounding development and the concepts of the Village at La
Quinta Design Guidelines.
8. Sign Programs. Per Section 9.160.090 (Sign Permit Review), in order to approve a
planned sign program the decision -making authority must find that:
a. The sign program is consistent with the purpose and intent of Chapter 9.160
(Signs);
b. The sign program is in harmony and visually related to:
(1) All signs within the planned sign program, via the incorporation of
several common design elements such as materials, letter style, colors,
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illumination, sign type or sign shape.
(2) The buildings they identify. This may be accomplished by utilizing
materials, colors or design motif included in the building being
identified.
(3) Surrounding development. Implementation of the planned sign
program will not adversely affect surrounding land uses or obscure
adjacent conforming signs.
E. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions
relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this Title.
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