PCRES 2002-034PLANNING COMMISSION RESOLUTION 2002-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL ADDING SECTION 9.140.070 LOW
DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL
DISTRICT AND AMENDING CHAPTERS 9.220, 9.230 AND
9.240 OF THE MUNICIPAL CODE AMENDING
PROCEDURES FOR ZONE CHANGES AND CODE
AMENDMENTS, GENERAL PLAN AMENDMENTS, AND
SPECIFIC PLANS
CASE NO.: ZCA 2002-071
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 12th day of March, 2002, hold a duly noticed Public Hearing for a Zoning
Code Amendment to add Section 9.140.070 to the Municipal Code, for Low
Density/Agricultural-Equestrian Residential District and to amend Chapters 9.220,
9.230 and 9.240 of the Municipal Code amending procedures for Zone Changes and
Code Amendments, General Plan Amendments, and Specific Plans; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following mandatory findings recommending
approval of said Zoning Code Amendment:
1. The proposed text changes are consistent with the goals and policies of the La
Quinta General Plan, and the Land Use Map for the General Plan and
surrounding development and land use designations, ensuring land use
compatibility.
2. The proposed text changes will not be detrimental to the public health, safety
and welfare, as they have been designed to be compatible with surrounding
development, and conform with the City's standards and requirements.
3. The proposed text changes are compatible with the City's Zoning Code in that
it supports the development and maintenance of equestrian and agricultural land
uses in certain areas of the City.
4. The proposed text changes supports the orderly development of the City.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
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Planning Commission Resolution 2002-034
Zoning Code Amendment 2002-071
Adopted: March 12, 2002
1 . That the above recitations are true and constitute the findings of the Planning
Commission in this case.
2. That it does hereby confirm the conclusion that the General Plan Environmental
Impact Report (SCH #2000091023) assessed the environmental concerns of
the Zoning Text Amendment.
3. The La Quinta Community Development Department has determined that the
Amendment to Chapters 9.220, 9.230 and 9.240 are exempt pursuant to
Chapter 2.6, Section 21080 of the Public Resources Code, California
Environmental Quality Act (CEQA) Statutes, and Section 15268, Ministerial
Projects, of the CEQA Guidelines.
3. That it does recommend approval to the City Council of Zoning Code
Amendment 2002-071 for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 12th day of March, 2002, by the following
vote, to wit:
AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels
NOES: None
IT�9�i�►[7ir'
ABSTAIN: None
ES ABELS, Chairman
La Quinta, California
ATTEST:
�Y HERVAN, Community Development Director
of La Quinta, California
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Planning Commission Resolution 2002-034 EXHIBIT „A„
ZCA 2002-071
Chapter 9.220 ZONE CHANGES AND CODE AMENDMENTS
Section 9.220.010.C. Who May Apply. Amend to read:
1 . The owner of the property or by the owner's agent (with written
notarized authorization from the owner) foi a zone ehanger.
2. The City Council may ii jitiate conside ation of a Zo ie 6hanve.;
3. The Planning Commission by a majority vote
the eity eouncii initiate consideration of a Zone ; or
4. The Community Development Director may recommend that the
City Council initiate consideration of a Zone Change.
Section 9.220.010.D.3. Review Procedures. Amend to read:
3. If the Council contemplates a modification to the application not
previously considered by the Planning Commission, the proposed
modification shah may be referred to the Planning Commission for report
back to Council. A public hearing shall not be required for such Planning
Commission review.
Section 9.220.020.C. Who May Apply. Amend to read:
A Code Amendment may be initiated by: the City (3ourre". In addition, ti-re
1. The City Council;
2. The Planning Commission by a majority vote; or
3. The Community Development Director;
may recommend that the City Council initiate a Code Amendment.
Chapter 9.230 GENERAL PLAN AMENDMENTS
Section 9.230.010.C. Who May Apply. Amend to read:
1. The owner of the property or by the owner's agent (with written
notarized authorization from the owner) may apply fai a General
2. The City Council may initiate consideiation of a Genera' Plan
ATnendmerrt ;
3. The Planning Commission by a majority vote, may reco, n, let id that
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Planning Commission Resolution 2002-034 EXHIBIT "A"
ZCA 2002-071
Amendment.; or
4. The Community Development Director
may recommend that the City Council initiate consideration of a General
Plan Amendment.
Section 9.230.010.E.1. Frequency of General Plan Amendment.
Modify to read:
1 . General Plan elements specified as mandatory in the State Government
Code shaH may be amended no mule than foul times dwing each
calendargear pursuant to City Council Resolution 2000-77. Each
amendment may include more than one change to the General Plan.
Section 9.230.020.A.3. Review Procedures and Findings. Modify to read:
3. If the Council contemplates a modification to the application not
previously considered by the Planning Commission, the proposed
modification shall may be referred to the Commission for report back to
the Council. A public hearing shall not be required for such Commission
review.
Chapter 9.240 SPECIFIC PLANS
Section 9.240.010.C. Who May Apply. Amend to read:
C. 11 • 1- Apply. A Specificor •- Amendment application
..
the owneis's agent (with written nvta-ired
..Councilof a specific plan uI specific plan Amendment.
-
1. The City Council;
2. The owner of the property or by the owner's agent (with written
notarized authorization from the owner);
3. The Planning Commission by a majority vote; or
4. The Community Development Director
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EXHIBIT "B"
SECTION 9.140.060
LOW DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL DISTRICT
TABLE
PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN
RESIDENTIAL DISTRICT
Mobile Home Subdivisions and manufactured homes on P
individual lots
Child day care facilities as an accessory use, serving 8 or A
fewer children, subject to Section 9.60.190
Child day care facilities as an accessory use, serving 9-14 M
children, subject to Section 9.60.190
Tennis Court or other game court as an accessory use P
associated with a private residence
Second units, "granny flats" and employee quarters, M
subject to Section 9.60.090
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EXHIBIT "B"
The grazing and breeding of cattle, horses, llamas, sheep, P
goats or other farm stock or animals, not including hogs,
not to exceed five animals per acre of all the land available
The grazing and breeding of sheep or goats, not to exceed P
15 animals per acre of all land available
The drying, packing, canning, freezing and processing of P
produce resulting from permitted uses when such activity
is conducted within permanent buildings and structures
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EXHIBIT "B"
A. Residential Development Standards
TABLE 501
RES/DENT/AL DEVELOPMENT STANDARDS
DISTRICT
DEVELOPMENT STANDARD
E/A R
Min. Lot Size for Single Family Dwelling (sq.
ft.)
10,000
Min. Project Size for Multifamily Projects
(sq. ft.)
20,000
Min. Lot Frontage for Single Family Dwelling
or Multifamily Projects (ft.)
100
Max. Structure Height (ft.)
28
Max. No. of Stories
2
Min. Front Yard Setback (ft.)
30
Min. Garage Setback (ft.)
30
Min. Side Yard Setback (ft.)
20
Min. Rear Yard Setback (ft.)
30
Max. Lot Coverage (% of net lot area)
40
Min. Livable Area Excluding Garage (sq. ft.)
1,400
Min. Perimeter Landscape Setbacks (ft.)
20
Max. No. of Horses for Private Use (per
acre)
5
Parking shall be provided as required by Chapter 9.150.
B. Development Standards, All Non -Residential Uses
All buildings shall be limited to two stories in height and a maximum of 35 feet,
measured from the finished grade of the pad.
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EXHIBIT "B"
2. Setbacks: The following minimum setbacks shall apply from the property line:
Pasture: 0 feet
Accessory buildings: 20 feet
Accessory structures: 20 feet
Manure storage: 25 feet
3. Fencing: All properties containing one or more uses shall be fenced to a
minimum height of 5 feet and a maximum of 6 feet. Permitted fencing materials
include chain link, cement block, wood, wrought iron or tubular steel. Razor
wire or concertina wire is permitted for those uses listed under "Equestrian and
Agriculture Uses" in Table
4. Manure Collection: Any use involving the storage, spreading or use of manure,
or the keeping of animals, shall be required to file a plan for its use and disposal
with the Public Works Department.
5. Parking: Parking shall be provided as required by Chapter 9.150.
6. Lighting: All lighting shall comply with Sections 9.60.160 and 9.100.150.
7. Loudspeakers: Loudspeaker systems or other amplified sound are limited to
operation or use between 8 a.m. And 10 p.m. Unless otherwise specified by an
approved conditional use permit.
8. Dust Control: A Dust Control Plan shall be maintained on file with the Public
Works Department at all times.
C. Definitions
"Accessory building" means any building subordinate to a permitted or conditionally
permitted use, including but not limited to hay and tack barns, storage sheds and other
structures and uses customarily appurtenant to the primary permitted use.
"Accessory structure" means any structure subordinate to a permitted or conditionally
permitted use, including but not limited to exercise rings, arenas, corrals, and other
structures associated with the permitted or conditionally permitted use. Fences are not
considered structures for the purposes of this Section.
"Agricultural Activity, Operation, or Facility, or Appurtenances thereof." The phrase
"agricultural activity, operation, or facility, or appurtenances thereof" shall include all
uses allowed under the Agricultural Overlay District, including, but be limited to, the
cultivation and tillage of the soil, dairying, the production, cultivation, growing, and
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EXHIBIT "B"
harvesting of any agricultural commodity, including timber viticulture, apiculture, or
horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any
practices performed by a farmer or on a farm as incident to or in conjunction with such
farming operations, including preparation for market, delivery to storage or to market,
or to carriers for transportation to market.
"Land Zoned For Primarily Agricultural Purposes." The phrase "land zoned for primarily
agricultural purposes" means any land lying within the Agricultural Overlay District.
"Arena" -- see Corral.
"Caretaker Residence" means a residential unit not exceeding 1,000 square feet,
which is not the principal use on the property, to be occupied by a caretaker or
watchman who is responsible for the security of the principal use of the property.
"Cattery" means any building, structure, enclosure or premises within which five or
more cats are kept or maintained primarily for financial profit for the purpose of
boarding, breeding, training, marketing, hire or any other similar purpose.
"Commercial stable" means any facility specifically designed or used for the stabling
of horses not owned by the residents of the property on which the stable is located,
and for which the residents or land owner receives compensation. Services provided
by a commercial stable including boarding, breeding, training, riding or other
recreational use of the horse.
"Community auction and sales yard" means a facility which periodically holds auctions
of farm equipment, fixtures and other related materials in an enclosed building.
"Corral" means an enclosure designed for use as an open holding area for horses for
the purpose of confinement within that area for an indeterminate period of time.
"Farm" means a parcel of land devoted to agricultural uses where the principal use is
the propagation, care and maintenance of viable plant and animal products for
commercial purposes.
"Farmworker housing" means any building or group of buildings where six or more
farm employees are housed.
"Kennel" means any building, structure, enclosure or premises within which five or
more dogs are kept or maintained primarily for financial profit for the purpose of
boarding, breeding, training, marketing, hire or any other similar purpose.
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EXHIBIT "B"
"Menagerie" means a lot on which more than one wild, non -domestic reptile (not
including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed
or trained wild animal shall not be considered a domestic animal.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation,
specifically used for purposes of grazing or feeding of animals.
"Guest Ranch" means any property of five acres or more operated as a ranch which
offers guest rooms for rent and which has outdoor recreational facilities such as
horseback riding, swimming or hiking.
"Riding Academy" means a facility designed and used primarily for recreational riding,
training and instruction, and allowing both on -site boarding or trailering of horses to
the facility.
"Stable" means a building or structure containing multiple stalls for the purposes of
sheltering, feeding, boarding, accommodating or otherwise caring for horses.
"Stall" means a division of a stable accommodating one horse into an adequately sized
enclosure for the purposes of confining individual horses within a sheltered
environment as may be necessary for security, safety or other reasons pertinent to the
health, welfare and daily care of each animal.
D. "Right to Farm" Intent and Policies
Intent
It is the intent of the City of La Quinta to conserve, protect and encourage the
development, improvement, and continued viability of its agricultural land and
industries for the long-term production of food and other agricultural products, and for
the economic well-being of the City's residents. It is also the intent of the City to
balance the rights of farmers to produce food and other agricultural products with the
rights of non -farmers who own, occupy, or use land within or adjacent to agricultural
areas. It is the intent of this ordinance to reduce the loss to the area of its agricultural
resources by limiting the circumstances under which agricultural operations may be
deemed to constitute a nuisance. Nothing in this ordinance shall be construed to limit
the right of any owner of real property to request that the City consider a change in
the zoning classification of his property in accordance with the procedures set forth
in the La Quinta Development Code.
Policies
No agricultural activity, operation, or facility, or appurtenances thereof,
conducted or maintained for commercial purposes, and in a manner consistent
with proper and accepted customs and standards, as established and followed
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EXHIBIT "B"
by similar agricultural operations in the same locality, shall be or become a
nuisance, private or public, due to any changed condition in or about the
locality, after the same has been in operation for more than three (3) years if it
was not a nuisance at the time it began.
2. This section shall not invalidate any provision contained in the Health and
Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7
(commencing with Section 13000) of the Water Code of the State of California,
if the agricultural activity, operation, or facility, or appurtenances thereof,
constitutes a nuisance, public or private, as specifically defined or described in
any such provision.
3. This section is not to be construed so as to modify abridge the state law set out
in the California Civil Code relative to nuisances, but rather it is only to be
utilized in the interpretation and enforcement of the provisions of county
ordinances and regulations.
E. Notice to Buyers of Land
1 . The Director of Community Development shall cause the following notice to be
included on all tentative land division proposed that lies partly or wholly within,
or within 300 feet of any land zoned for primarily agricultural purposes:
Lot(s) No. , as shown on this map, is (are) located partly or wholly within,
or within 300 feet of land zoned for primarily agricultural purposes by the
County of Riverside and the City of La Quinta. It is the declared policy of the
City of La Quinta that no agricultural activity, operation, or facility, or
appurtenances thereof, conducted or maintained for commercial purposes in the
unincorporated area of the County, and in a manner consistent with proper and
accepted customs and standards, as established and followed by similar
agricultural operations in the same locality, shall be or become a nuisance,
private or public, due to any changed condition in or about the locality, after the
same has been in operation for more than three (3) years, if it was not a
nuisance at the time it began. The term "agriculture activity, operation, or
facility, or appurtenances thereof" includes all uses permitted in the Agricultural
Overlay District, and includes but is not limited to, equestrian activities, the
cultivation and tillage of the soil, dairying, the production, cultivation, growing,
and harvesting of any agricultural commodity, including timber, viticulture,
apiculture, or horticulture, the raising of livestock, for bearing animals, fish, or
poultry, and any practices performed by a farmer or on a farm as incident to or
in conjunction with such farming operations, including preparation for market,
delivery to storage or to market, or to carriers for transportation to market.
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EXHIBIT "B"
2. The City Engineer shall cause the notice described in subsection (1) to be
included on any final land division proposed for recordation that lies partly or
wholly within, or within 300 feet of, any land zoned for primarily agricultural
purposes.
F. Preservation of Agricultural Land Uses in Perpetuity
Any land owner wishing to continue a land use listed in Table , Permitted Uses in
the Agricultural/Equestrian Residential District, may, at any time, exercise his or her
rights under Chapter 9.190: Transfer of Development Rights.
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