ORD 466ORDINANCE NO. 466
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE, 1) UPDATE THE LIST OF
ESTABLISHED ZONES (9.20.010), 2) IDENTIFY THE
EFFECTIVE DATE FOR LOW DENSITY RESIDENTIAL
ZONED LOTS WHICH ARE PERMITTED A 10 FOOT REAR
SETBACK (9.50.030), 3) IDENTIFY THE CORRECT COVE
RESIDENTIAL MINIMUM DWELLING UNIT SIZE IN TABLE
9-2 (9.50.030), 4) IDENTIFY PROVISIONS FOR THE USE
OF VINYL FENCING MATERIALS (9.50.090),
5) CORRECT THE GUESTHOUSE PROVISIONS IN THE
RESIDENTIAL TABLE OF PERMITTED USES (9.60.100),
6) REQUIRE A SPECIFIC PLAN IN CERTAIN
COMMERCIAL ZONING DISTRICTS FOR ALL PROJECTS
OVER 10 ACRES IN SIZE (9.70.030 & 9.90.040),
71IDENTIFY TOBACCO AND ICE SKATING RELATED
USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED
USES (9.80.040), 8) ESTABLISH SUNSET PROVISIONS
FOR INACTIVE AND INCOMPLETE APPLICATIONS
(9.200.070), AND 9) SPECIFY CRITERIA FOR
MODIFICATION BY APPLICANT PROCEDURES
(9.200.090).
WHEREAS, the City has found that changes in policies, procedures, and
issues with permitting have arisen as staff implements the Zoning Ordinance; and
WHEREAS, the City has, from time to time, made amendments to the Zoning
Ordinance to address similar changes in circumstances; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 241h of March, 2009, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to update the list of established zones (9.20.010),
to identify the effective date for low -density residential zoned lots which are
permitted a 10 foot rear setback (9.50.030), to identify the correct cove residential
minimum dwelling unit size in Table 9-2 (9.50.030), to identify provisions for the
use of vinyl fencing materials (9.50.090), to correct the guesthouse provisions in
the residential table of permitted uses (9.60.100), to require a specific plan in
certain commercial Zoning districts for all projects over 10 acres in size (9.70.030
& 9.90.040), to identify tobacco and ice skating related uses in the non-residential
table of permitted uses (9.80.040), to establish sunset provisions for inactive and
incomplete applications (9.200.070), and to specify criteria for modification by
applicant procedures (9.200.090); and recommended approval of the proposed
Amendments to the City Council; and
Ordinance No. 466
Title 9 Amendments
Adopted: May 5, 2009
Page 2
WHEREAS, the City Council held a duly noticed public hearing on the 21't
day of April, 2009, and considered the evidence, written and oral, presented at the
hearing.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code,
is amended as identified on Exhibits "A" through "H," on file in the Planning
Department.
SECTION 2. ENVIRONMENTAL. The Planning Director has determined said
Zoning Ordinance Amendment has complied with the requirements of "The Rules to
Implement the California Environmental Quality Act of 1970" (CEQA) as amended
(Resolution 1983-063) in that the La Quinta Planning Department has reviewed the
Amendment under the provisions of CEQA, and has determined that the
Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of
the CEQA Guidelines.
SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be
severable, and if any clause, sentence, paragraph, subdivision, section, or part of
this Ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered. I
SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance
shall be construed as necessary to effectively carry out its purposes, which are
hereby found and declared to be in furtherance of the public health, safety and
welfare.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and
effect and be in force 30 days after passage.
SECTION 6. POSTING. The City Clerk shall cause this Ordinance to be
posted in at least three public places designated by resolution of the City Council,
shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the
Book of Ordinances of the City of La Quinta.
Ordinance No. 466
Title 9 Amendments
Adopted: May 5, 2009
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of
La Quinta at a regular meeting thereof held on the $ day of MAY, 2009, by the
following vote:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
V✓Dat'-s"
DON ADOLPH, Ma r
City of La Quinta California
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. K RINE JENS N, City ttorney
City f a Quinta, Cali rnia
Ordinance No. 466
Title 9 Amendments
Adopted: May 5, 2009
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
466 which was introduced at a regular meeting on the 2151 day of April, 2009, and
was adopted at a regular meeting held on the $ t� day of d t&v. 2009, not
being less than 5 days after the date of introduction thereo
I further certify that the foregoing Ordinance was posted in three places within the
City of La/Quinta as specified in City Council Resolution No. 2006-115.
J
City of La
gTECINO, CMC, City Clerk
California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on � z0o�
pursuant to Council Resolution.
VERONICA J.,I�ONTECINO, CMC, City Clerk
City of La Qu ta, California
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
*4:u:3rse1
9.20.010 Establishment of districts.
The city is divided into the following zoning districts which are
consistent with and implement the general plan:
1.
RVL
Very Low Density Residential District
2.
RL
Low Density Residential District
3.
RC
Cove Residential District
4.
RM
Medium Density Residential District
5.
RMH
Medium High Density Residential District
6.
RH
High Density Residential District
7.
RSP
Residential Specific Plan Overlay District
8.
RR
Rural Residential Overlay District
-VR
Village Residential D'stF*Gt
9.
VC
Village Commercial District
VG
4-1-
V-P
Village PaFk DiSt4GI
472,
V-S
Village South DiSt.i..t
4¢
10.
NR
Nonresidential Overlay District
11.
CR
Regional Commercial District
12.
CP
Commercial Park District
13.
CC
Community Commercial District
14.
CN
Neighborhood Commercial District
15.
CT
Tourist Commercial District
16.
CO
Office Commercial District
17.
MC
Major Community Facilities District
18.
PR
Parks and Recreation District
19.
GC
Golf Course District
20.
OS
Open Space District
21.
FP
Floodplain District
22.
HC
Hillside Conservation Overlay District
23.
SOB
Sexually Oriented Business Overlay
District
24.
EOD
Equestrian Overlay District
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
EXHIBIT B
9.50.030 Table of development standards
Table 9-2 Residential Development Standards
Development Standard
District
RVL
RL
RC
RM
RMH
RH
RSP
RR
Overlay
Overl
Minimum lot size for single-
20,000
7200
7200
5000
3600
2000
**
family dwellings (sq. ft.)
Minimum project size for
n/a
n/a
n/a
n/a
20,000
20,000
n/a
multifamily projects (sq. ft.),
Minimum lot frontage for
100
60
60
50
40
n/a
**
single-family dwellings (ftX
Minimum frontage for
n/a
n/a
n/a
n/a
100
100
n/a
multifamily projects (ft.)
Maximum structure height
28
28
17
28
28
40
*
**
(ft.)2
Maximum number of stories
2
2
1
2
2
3
Minimum front yard setback
30
20
20
20
20
20
RVL:,
(ft.)a
Minimum garage setback
n/a
25
25
25
25
25
**
(ft.)
Minimum interior/exterior
10/20
5/10
5/10
5/10
5/10
10/15
*
**
side yard setback (ft.)5 7
Minimum rear yard setback
30
20 for
10
15
15
20
(ft.)7
new lots
and 10
for
existing
recorded
Iotse
Maximum lot coverage M of
40
50
60
60
60
60
**
net lot area)
Minimum livable area
2500
1400
4400
1400
1400
750 for
*
**
excluding garage (sq. ft.)
1200
(multi-
multi-
family:
family
750)
Minimum common open
n/a
n/a
n/a
30%
30%
30%
30%
n/a
areab
Minimum/average perimeter
10/20
10/20
n/a
10/20
10/20
10/20
10/20
n/a
landscape setbacks (ft.)6
1
1
1 1
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
Special Zoning Symbols Referenced on the Official Zoning Map
Symbol
Description of Special Zoning Symbols Used as per Section 9.20.03
60-RM-10,000
60-foot minimum lot frontage, medium density residential zoning,
17/1
10,000 square foot minimum lot size, 17-foot maximum building heic
at one story
RL 10,000
Low density residential zoning, 10,000 square foot minimum lot sizf
17/1
17-foot maximum building height at one story
RM
Medium density residential zoning, 17-foot maximum building height
17/1
one story
RL
1
Low density residential zoning, 17-foot maximum building height at o
17/1
story
* As shown on the approved specific plan for the project.
** As provided in the underlying base district.
Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for
flag lots shall be 15 feet.
2 Not including basements. Also, notwithstanding above table, the maximum structure height
equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor,
except in the RC zone, which is 17 feet.
3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single famil
dwelling units facing the same street shall incorporate front setbacks varying between 20 feet al
25 feet or more in order to avoid streetscape monotony.
° For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door
used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RV
district and 15 feet in all other residential districts.
5 The following are exceptions to the minimum side setbacks shown:" For interior side yards in
the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet pli
one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten
feet. The additional setback may be provided entirely at grade level or a combination of at grade
and airspace above the 17-foot building. For RH, five feet minimum plus one foot additional
setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum
setback of 15 feet when said height above 17 feet is located between five and ten feet from sai
side yard property line. For interior setbacks, if the building is over 28 feet in height the setback
ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum
setback of 15 feet. The additional setback may be provided entirely at grade level or may be a
combination of at grade and airspace above the 28-foot building height.
6 Common open area and perimeter landscape requirements do not apply to single-family detach
projects unless a specific plan is required. Common open area equals percent of net project area.
Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at
any point; second number equals minimum average over entire frontage (thus, 10/20). See
Section 9.60.240 and additional landscape/open area standards.
Rear and side yard setbacks for residential units abutting the image corridor shall be a minimun
of 25 feet with the exception of RVL zone district where it only applies to the side yard.
8 Existing recorded lots prior to May 1, 1997.
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
EXHIBIT C
9.40.040 Table of permitted uses.
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
District
C = Conditional use
permit
M = Minor use permit
H = Home occupation
Very
Medium -
permit
Low
Low
Medium
High
High
S = Specific plan
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Residential Uses
Guesthouses, subject
M A
M A
M A
X
X
X
to Section 9.60.100
Second residential
A
A
A
Az
A
A
units subject to
Section 9.60.090 1•3
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
EXHIBIT D
9.80.040 Table of permitted uses.
Table 9-5 Permitted Uses In Nonresidential Districts
P = Principal use
District
Regional
Commercial
Community
Neighbor-
Tourist
Office
Major
A = Accessory use
hood
Commercial
Park
Commercial
Commercial
Commercial
Community
C = Conditional use
Commercial
permit
Facilities
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Land Use
CR
CID
Cc
CN
CT
CO
MC
Dining, Drinking and
Entertainment Uses
Restaurants, drive-
P
A
P
X
P
X
X
through
Restaurants, counter
P
P
P
P
P
X
X
take-out with ancillary
seating, such as yoghurt,
ice cream, pastry shops
and similar
Bars, taverns and cocktail
C
C
C
X
C
X
X
lounges
Dancing or live
C
X
C
X
C
X
X
entertainment as a
principal use
Dancing or live
A
X
C
C
C
X
X
entertainment as an
accessory use
Theaters, live or motion
C
X
C
X
C
X
X
picture
Tobacco shops without
P
X
C
X
C
X
X
onsite smoking, as per
the provisions of the
Health and Sanitation
Code
Cigar lounges, hookah
C
X
X
X
C
X
X
bars, and similar uses
with onsite smoking, as
per the provisions of the
Health and Sanitation
Code
Recreation Uses
Ice skating rinks 1
9 1
X 1
C I
X
X
X
C
Ordinance 466
Title 9 Amendments
Adopted May 6, 2009
EXHIBIT E
9.60.030 Fences and walls.
E. Fence Construction and Materials. All fencing in residential districts
shall conform to the following construction and material standards:
1. Wood and Vinyl Fencing.
a. Except for gates, split two rail fencing, and for equestrian fencing
regulated by Section 9.140.060, wood and vinyl or similar recycled fencing
materials are +s permitted in rear or interior side yards only, and only if not
visible from the street. Gates may be of wood in any location provided they
comply with the standards of this section.
b. All wood fencing shall be constructed of not less than a grade of
construction heart or merchantable and better redwood or No. 2 and better
(no holes) western red cedar, stained or painted to match or complement the
adjacent wall or structure. Alternatively, if left in natural color, all wood shall
be treated with a water -repellant material.
c All vinyl or similar recycled fencing material shall be constructed of
an aluminum -reinforced non -reflective material that contains anti -static and
UV -radiation inhibiting additives.
d. G—. Fence boards may be horizontal or vertical. Support posts shall be
a minimum of nominal four inches by four inches redwood, pressure -treated
lumber, tubular steel or block and installed per the Uniform Building Code.
e. d. Split Rail Fencing. Split two rail fencing shall be allowed in the
front yard or along the front property line with columns a maximum height of
four feet and three feet for the top rail. All columns shall be cemented with
footings. Materials for the columns shall be wood, brick, or block. The rails
may be either wood or other non -wood products that have the appearance of
split rail. A building permit shall be obtained prior to construction.
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
EXHIBIT F
9.70.030 CR regional commercial district.
A. Purpose and Intent. To provide for the development and regulation of
regionally oriented commercial areas located along the Highway 1 1 1 corridor
as shown on the general plan. The CR district is intended to provide a broad
range of goods and services serving the entire region. Representative land
uses include corporate headquarters, regional service centers, research and
development facilities, major community facilities, major medical facilities,
overnight commercial lodging, entertainment, and automobile -oriented sales
and services.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. Pr general plan Polley 2 3.1.9, Approval of a
specific plan is required for any development or land division greater than 10
acres in the CR district.
9.90.040 Table of development standards.
Table 9-6 following and the illustrations in Section 9.90.050 set forth
standards for the development of property within nonresidential districts.
Notwithstanding Table 9-6, different standards shall apply if special zoning
symbols, described in Section 9.20.030, are designated on the official
zoning map.
Table 9-6 Nonresidential Development Standards
Development Standard
District
CR*
CP*
Cc
CN
CT*
CO
MC
Minimum —Maximum building site
(acres)
n/a
n/a
n/a
1-20
n/a
n/a
n/a
Maximum building height (ft.)' e
50
35
40
35
40
40
40
Maximum number of stories
4
2
3
2
3
3
3
Maximum floor area ratio (FAR)2
.35
.50
.30
.25
.25
.30
n/a
Minimum
perimeter
From Highway 111
right-of-way'
50/50
50/50
50/50
n/a
n/a
n/a
n/a
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
building/landscape
From all primary
setbacks (in ft.)°
image corridor'
rights -of -way'
30/20
30/20
30/20
30/20
30/20
30/20
30/20
(except Hwy 1 1 1)
and from all major
and primary arterials
From all other
perimeter street
20/10
20/10
20/10
20/10
20/10
20/10
20/10
rights -of -way'
From residential
districts and PR, OS
50/10L5O/10
50/10
30/15'
30/155
30/15'
30/155
and GC districts'
Minimum setback from interior property
0
0
0
0
0
0
lines within the same project
Parking and signs
See Chapters 9.150 and 9.160
Fences and walls
See Section 9.100.030
Landscaping and screening
See Sections 9.100.040 and 19.100.050
* Specific plan approval required for development or land division greater than 10 acres
in the CR, CP, and TC districts.
' All minimum perimeter setbacks shall be increased 1 foot for every foot in height that
building is above 35 feet.
2 FAR means the gross floor area of all buildings divided by the building site area.
3 The following are applicable primary image corridors as identified in the general plan:
Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive
(from Tampico to Washington Street).
° Landscape setback shall consist of landscaped area within the building setback.
Number given is minimum landscaped setback from the street right-of-way. The remaining
building setback may contain parking, driveways and similar facilities. In addition to above
landscape setbacks, interior landscaping shall be required as a percentage of the net project
area as follows: parking areas: minimum 5 percent; nonparking areas: minimum 5 percent
(also see Section 9.100.050).
5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to
40/20.
c Not including basements. Also, notwithstanding above table, the maximum structure
height equals 22 feet for all buildings within 150 feet of any general plan primary image
corridor and major or primary arterials.
Ordinance 466
Title 9 Amendments
Adopted. May 5, 2009
EXHIBIT G
9.200.070 Time limits on processing applications.
A. Development review applications shall be processed within the time
limits specified in Chapter 4.5 of the State Planning and Zoning Law
(Government Code Section 65920 et seq.). Time periods specified in Section
9.200.120 regarding actions on appeals shall be in addition to the preceding
Government Code time limits. (Ord. 284 § 1 (Exh. A) (part), 1996)
B. Incomplete Application Sunset Provisions All applications which
remain incomplete and inactive for a minimum 6 month period shall have a
written 30 day warning notification forwarded to the applicant by means of
Certified Mail or similar method. If no action is taken by the applicant
regarding the application within 30 days thereafter, the application shall
automatically be withdrawn and closed.
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
EXHIBIT H
9.200.090 Modifications by applicant
A. Plan Modifications by Applicant. Site Development Permit and Village
Use Permit Relans modified at the initiative of the applicant from those
approved by the decision -making authority may be submitted to the director.
B. Procedures. If the director determines that the proposed plan
modification is minor, will not result in a significant change in the project
approved by the decision -making authority, and complies with the spirit and
intent of the original approving action, the director may approve the modified
plan without further compliance with this section. If the director determines
that the plan modification may result in a significant change in the project,
the director shall refer the change to the original decision -making authority.
(Ord. 284 § 1 (Exh. A) (part), 1996)
C. Criteria Modifications by Applicant shall permit minor changes to an
existing or approved Site Development Permit or Village Use Permit. The
following criteria constitute minor changes that shall be deemed eligible for
Modification by Applicant consideration:
1 Increases in building square footage not to exceed ten percent from
the original approval that have been determined to not result in a significant
architectural aesthetic or visual impact to the existing project and require
additional parking.
2 Changes additions or adjustments to windows, window locations,
or window treatments.
3 Changes substitutions or adjustments to building materials, roofing
materials screening materials, lighting fixtures, or paving.
4 Changes additions or substitutions to existing landscaping,
including the removal of turf or water features.
5. Minor adjustments substitutions, or additions to architectural
features such as pilasters canopies trellises shade structures overhangs,
eaves parapets cornices or portions of roof structures that do not result in
a significant effect on the overall aesthetic or architectural style of the
building.
6 Changes substitutions or adjustments to the approved color palate
or material colors.
Ordinance 466
Title 9 Amendments
Adopted: May 5, 2009
D. Ineligibility. Modifications by Applicant which have been determined
by the Planning Director, Planning Commission or City Council to exceed
these standards or constitute a significant change shall require application
and approval of an amended Site Development Permit or amended Village
Use Permit.