PCRES 2001-104PLANNING COMMISSION RESOLUTION 2001-104
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL ADOPTION OF MISCELLANEOUS
AMENDMENTS TO TITLE 9 AND TITLE 13 OF THE LA
QUINTA MUNICIPAL CODE.
CASE NO. ZONING CODE AMENDMENT 2001-070
CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 241h day of July, 2001, hold a duly noticed Public Hearing to consider Zoning Code
Amendments in the City of La Quinta; and,
WHEREAS, said request has complied with the requirements of the California
Environmental Quality Act of 1970 (as amended), and adopted by the City Council
Resolution 83-68, in that the Community Development Director has determined that the
project could not have any significant adverse effect on the physical environment;
therefore, the project is exempt pursuant to CEQA Guidelines Section 15061 (b)(3); and,
WHEREAS, at said Public Hearing, 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 the
recommendation for approval of said Zoning Code Amendment.
1. The proposed revisions will not adversely affect the planned development of the City
as specified by the General Plan for the City of La Quinta because the regulations
provide requirements which work in concert with and enhance the community.
2. The proposed Amendment would not be detrimental to the health, safety, and
welfare of the City because the regulations will enhance the community.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La
Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of said
Planning Commission in this case;
2. That it does hereby recommend to the City Council approval of Zoning Code
Amendment 2001-070 for the reasons set forth in this Resolution and as noted in
Exhibit "A" attached hereto and made part of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 241h day of July, 2001, by the following vote, to wit:
Page 1
AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
IES f BELS, Chairman
La Ouinta, California
,dEMgY HE N, Community Development Director
City f La inta, California
Page 2
PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
REVISE - Section 9.50.090 A.1
As a part of the
Building and Safety Department plan check for residences in the RC
zone district, the Community Development Department shall review
the submitted plans and visit proposed site to ensure that the
architectural features of the front elevation of the proposed residence
has design features that vary from other residences within two
hundred feet on the same street, and cross street if the lot is on a
corner.
ADD - New Section 9.50.090 B. - Conditional Use Permit Procedure for
Affordable Housing. Applications for conditional use permits shall be
required for variations of development standards pursuant to Section
9.60.270 (D)(4) for affordable housing units produced in compliance with
state or federal housing program implementation.
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
ADD - SECTION 9.60.030 C.4. - Adjacent to a nonresidential zone or use. The
maximum fence height between a residential zone or use and a
nonresidential zone or use shall be eight feet.
REVISE - SECTION 9.60.030 C.1.c. - Arches or trellises up to nine eight feet in
overall height and five feet interior width may be constructed over a gate
on a lot provided the arch/trellis is integrated into the fence/gate design.
ADD - SECTION 9.60.045 - Barbeques, waterfalls, fountains, fireplaces and
similar structures.
A. Applicability. Permanently installed freestanding barbeques,
waterfalls, fountains, fireplaces and similar structures such as
permanently installed tables and benches, etc., may be constructed on
a residential lot containing a primary residence.
B. Said construction of structures are allowed within the required front,
side, or rear setbacks, including adjacent to a property line. In side yard
areas, a single clear passageway of five feet wide shall be provided.
REVISE - SECTION 9.60.070 B.2. Filtering and Heating equipment. Use of
equipment shall comply with the following requirements:
a. Mechanical pool equipment such as a pump, filter, or heater, may
be located within the required front or rear yard setback areas.
The equipment shall be immediately enclosed on at least three
sides by a masonry wall with an open side not visible to the street.
with the exception of a mcf.
b. Mechanical pool equipment may be in an area between the side
property line and the residence provided a five-foot side yard, clear
of any permanent obstructions is maintained between the side
yard property line and any mechanical pool equipment. A five-foot
--t obstructions shall be maintained
between the side property line a-d-the bdiludir-1g. Pool equipment
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
c. Where there is no side property line wall, mechanical pool
equipment may be in a side yard of five feet or less only if a
recorded easement in perpetuity exists for the subject property to
use the adjacent side yard of the abutting property for access and
a minimum five feet distance between the equipment and adjacent
obstruction (i.e. building wall) is provided.
ADD - SECTION 9.60.075 GROUND MOUNTED MECHANICAL EQUIPMENT.
Use of equipment shall comply with the following requirements:
a. Ground mounted mechanical equipment such as air conditioner
condensing units, water softeners, etc. may be located within the
rear yard areas. For lots of 5,000 square feet or less, said
equipment can be in front yard if there is a wall around the yard
or it is screened by a masonry wall.
b. Where there is no side property line wall, mechanical equipment
may be in an area between the side property line and the residence
provided a five-foot side yard, clear of any permanent obstructions
is maintained between the side yard property line and any
mechanical equipment.
C. Mechanical equipment may be in a side yard of five feet or less
only if a recorded easement in perpetuity exists for the subject
property to use the adjacent side yard of the abutting property for
access and a minimum five feet distance between the equipment
and adjacent obstruction (i.e. building wall) is provided.
ADD - SECTION 9.60.160 OUTDOOR LIGHTING
3. All exterior lighting shall be located and directed so as not to shine
directly on adjacent properties or streets and shall comply with
Section 9.100.150 (Outdoor Lighting).
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
REVISE - SECTION 9.60.240 E.1.
boundaiffies shall cornply with (fences and wal At
intersections or corners of the following public or private streets, alleys,
or driveways, the height of shrubs, planting, and other visual
obstructions (such as boulders, etc.) shall be limited to a maximum
height of 30 inches within the following triangular areas described in
subsections L and ii.:
L At a corner, the area formed on two sides by the straight
portions of the intersection of the back of street curb or
edge of pavement. The third side of the triangle is formed
by drawing a line that is tangent to the intersection of the
two closest property lines and creates a triangle of
approximately equal length sides with the curbs or edge of
pavement.
ii. Between two points located on and five feet distant from
the point of intersection of an 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 if parkway width is less than
12-feet wide.
iii. For purposes of this Code, "point of intersection" shall
mean the intersection of the prolongation of the street
curbs or edge of pavement, excluding any curved portion
joining the two lines.
iv. Trees may be planted within this triangular area provided
the bottom of the canopy (leafy branches) of the tree is at
least four feet above finish grade of the street adjacent to
the tree. However, trees shall not be planted in such
numbers that their trunks create a visibility obstruction for
vehicles or pedestrians.
REVISE - SECTION 9.60.250 E. - 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 a $1000.00 cash deposit
gtiarantees , . that the structures and facilities
will be removed or made consistent with applicable zoning regulations
within 90 days after the expiration of the permit or discontinuation of the
use the permit is approved for.
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
REVISE - SECTION 9.60.300 1.1. A two-story house shall not be constructed
adjacent to or abutting a lot line of an existing single -story home
constructed in a prior phase of the same subdivision. tirtless proof can
'jed showhig that a two story tinit VV83 proposed Fo. the lot by thee
REVISE - SECTION 9.65.030(A) 1. Setbacks. Setback criteria shall be
determined based on the existing site conditions and surroundings, in
conjunction with the guidelines and the proposed project characteristics.
er Along La Forida and Celle Estevdo, between Avenida Bermudas and
pedestrian accesi&-.
a. Setbacks along front, 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).
m Arcades, trellises, awnings und siiiila- architectural beatments are
exempt frorn setback 1eqdiiernents, but nitist be designed to acrenttlat-e
arehitee'ture-
Upper floois ol bulludings shall be designed to be set behind the
-ve a tenaeed effect. his reduces the
appearance of mass to the strde' w. e, allows f oi upper f loor outdooi areas
b. Projects with any retail commercial components shall maintain a
minimum ten -foot landscaped setback from any RVL, RL or RMH zoned
properties.
c. No utility equipment shall be allowed above ground in the right-of-
way. Such equipment shall be integrated into the footprint of the
proposed building.
REVISE - SECTION 9.65.030 (A) 3. Parking. Parking area requirements for
permitted uses shall 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
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
standards can be approved.
REVISE - SECTION 9.65.040 D. Village Use Permit Requirements. All new
development proposals in the Village Commercial District shall be
required to file an application for a village use permit. A "new
development proposal" is defined as any of the following: new building
construction proposed for vacant property or associated with demolition
and reconstruction of an existing building. Village use permits shall be
subject to review by the planning commission as a public hearing.
2. Any change of use exceeding fifty petcent ot rno-e of the building
Floor a -ea of the miginally peimitted use, and
3. Any expansieniaddition to an existing use compiosing a twenty five
E. Any development proposal in the VC zoning district without prior
Village Use Permit approval determined as not meeting the criteria in
subsection D of this section shall be subject to review by the Community
Development Director
size changes, plant on locations, color and stucco textuie changes-.
Subsection D of this section, vvh'rh constitutes a change of five
�nt to twenty-five pei cent foi any approved oi existing building aiea,
any exteiloi agehiteetural modification not deteirnined to be a minor
Mallon.
3. Majoi deviations shall be processed undei the site development
piocess, as set forth under Sect ort 9.210.010.
1. Administrative approval may be given by the Community
Development Department for any building additions and/or exterior
building, architectural design and site modifications that are determined
by the Community Development Director to implement the concepts set
forth in the "Village at La Quinta Design Guidelines". The Community
Development Director may refer the project to the Planning Commission.
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
2. Additions and exterior building and site modifications that do not fall
under subsection 1 above shall be approved the Planning Commission as
a public hearing under the Village Use Permit process.
REVISE - SECTION 9.65.040 & G. 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...
REVISE - Table 9-11 of Section 9.150.060 - Minimum off-street parking
requirement for homes with four or more bedrooms.
Same as above but with 3 spaces per unit in a garage. One garage
space of the three spaces may be provided in tandem. Existing lots of
6,000 square feet or less, lots zoned RC (Cove Residential), and
affordable housing projects are exempt.
REVISE - Section 9.150.080 B.1. - Regular Space Dimensions. All parking spaces
up to the minimum required shall be designated for regular vehicle
parking. Regular vehicle spaces shall have the following minimum
dimensions: width ten nine feet; length seventeen feet plus two feet
overhang: where curbs are not provided, a minimum length of nineteen
feet is required.
REVISE - Section 9.150.080 B.7. - Space Marking. With tile exception of single
Farnily detached, single family attached and duplex , All parking
spaces in a residential or nonresidential parking lot shall be clearly marked
with white or yellow paint or other easily distinguished material with
each space marking consisting of a double four inch wide hairpin stripe,
twelve inches on -center.
"gle or double ("hairpin" style)
_ ADD - SECTION 9.160.100 Prohibited Signs.
24. Translucent or transparent signs on internally illuminated awnings
so that they allow light to shine through the letters of the copy.
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PLANNING COMMISSION RESOLUTION 2001-104 EXHIBIT "A"
CODE AMENDMENTS - ADOPTED
ZONING CODE AMENDMENT 2001-070
JULY 24, 2001
REVISE - Section 9.200.110 D. - Noticing Requirements. The lead agency shall
provide a review period of not less than 20 calendar days Not less them
for projects requiring an
environmental assessment. The lead agency shall provide a review
period of not less than 10 calendar days Not less than 10 calendai days
for projects not requiring environmental review. The
City shall:
DELETE- SECTION 13.12.170 - Recordation of Conditions of Approval. Within 30
days of the appi ova' of -tentative tract map, the city cleik shall submit
Fui iecoidation against the p[operty to which they apply.
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