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PCRES 2005-019PLANNING COMMISSION RESOLUTION 2005-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE RELATING TO HOME OCCUPATIONS CASE NO.: ZCA 2005-082 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 261' of May, 2005, hold duly noticed Public Hearings to make certain Amendments to Sections 9.210.060 and 9.220.020 of the Municipal Code, to address regulations pertaining to home occupations to increase the number of students receiving instruction from musical instructors and academic tutors to two; and WHEREAS, the Text Amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; 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 Amendment is 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 Amendment will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform to, the City's standards and requirements. 3. The proposed Amendment support the orderly development of the City. 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 constitute the findings of the Planning Commission in this case. 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, 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. Planning Commission Resolution 2005-019 Zoning Code Amendment 2005-082 Adopted: May 2005 3. That it does recommend approval of Zoning Code Amendment 2005-082 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 241h day of May, 2005, by the following vote, to wit: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk NOES: None ABSENT: None ABSTAIN: None RK, Chairman La Quinta, California ATTEST: DOUGLAS EVANS Community Development Director City of La Quinta, California Planning Commission Resolution 2005-019 Zoning Code Amendment 2005-082 Adopted: May 2005 Section 9.60.110. Home Occupations EXHIBIT "A" 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 by the Director of Building and Safety in accordance with Section 9.210.060. 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 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 principal 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 principal 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 twenty-five 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. Planning Commission Resolution 2005-019 Zoning Code Amendment 2005-082 Adopted: May 2005 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. Exception: Musical instruction and academic tutoring where not more than two students are present at the residence at the same time shall be permitted. 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 of Building and Safety 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.