PCRES 2007-039PLANNING COMMISSION RESOLUTION 2007-039
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING CODE AMENDMENT 2007-090, TO
ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND
UNITS; ALLOW APARTMENTS IN THE MEDIUM DENSITY
RESIDENTIAL ZONE; ELIMINATE MINI -STORAGE FACILITIES IN ALL
ZONES; AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE
CORRIDORS IN SPECIAL PURPOSE DISTRICTS
CASE NO.: ZONING CODE AMENDMENT 2007-090
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 11 `h of September, 2007, hold a duly noticed Public Hearing
for review of a Zoning Code Amendment to establish policies and standards for
residential second units; allow apartments in the Medium Density Residential zone;
eliminate mini -storage facilities in all zones; and add language defining and
describing Image Corridors in Special Purpose Districts; and
WHEREAS, said Zoning Code Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) 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 Chapter 2.6, Section
21080 of the Public Resources Code, California Environmental Quality Act
Statutes, and Section 15061 (B)(3), Review for Exemptions of the CEQA
Guidelines; and
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on August 31, 2007, as prescribed by the
Municipal Code 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 Amendment:
1. The proposed Zoning Code Amendment is consistent with the General Plan,
insofar as it amends the Zoning Code to be consistent with California
requirements for second units; and clarifies sections of the text relating to
established standards for image Corridors; and allows for the continued high
quality development in the City.
Planning Commission Resolution 2007-039
Zoning Ordinance Amendment 2007-090
September 11, 2007
2. Approval of the Zoning Code Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have
no impacts on the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
That the above recitations are true and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Code Amendment 2007-090 to the City Council for the reasons set forth in
this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 11`h day of September, 2007, by the
following vote, to wit:
AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson
NOES: None
ABSTAIN: None
ATTEST:
SON, Planning Director
Quinta
ED ALDERSON, Chairman
City of La Quinta, California
Attachment No. 1
"PRIMARY UNIT" shall mean a single-family or multi -family residential unit
constructed and intended as the principal unit and building on a lot. The primary
unit shall be the largest unit on the lot.
"SECOND UNIT" In accordance with Government Code Section 65852.2(i)(4),
Second Unit shall mean an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation
and shall be located on the same parcel as the single-family dwelling is situated. A
second unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code,
(2) A manufactured home, as defined in Section 18007 of the Health and
Safety Code.
C. Standards for Second Units. The following standards shall apply to second
units:
1. A second unit shall be consistent with the provisions of the applicable
zoning district in which it occurs.
2. A second unit shall only be permitted on a lot in which the primary unit
and all other structures thereon conform to all minimum requirements of
the applicable zoning district.
3. The lot shall contain an existing primary unit at the time an application for
a second unit is submitted, or the application for the second unit may be
made in conjunction with the development of the primary unit.
4. The owner of the lot shall reside on the lot, either in the primary unit or in
the second unit. Prior to issuance of occupancy approval of the second
unit, the property owner shall enter into a restrictive covenant with the
City regarding such owner -occupancy requirement on a form prepared by
the City, which shall be recorded against the property. Such covenant
shall further provide that the second unit shall not be sold, or title thereto
transferred separate from that of the property. If the owner ceases to
reside on the property, use of the second unit shall be discontinued (a) if
it is an attached second unit, the unit shall be converted into a portion of
the primary unit, or (b) if it is a detached second unit, the unit shall be
removed or converted to a legal use. The Director may grant temporary
relief from this owner -occupancy requirement.
Attachment No. 1
5. The maximum gross floor area of second unit shall not exceed 30 percent
of the square footage of the primary unit or 1,200 square feet whichever
is less.
6. The minimum gross floor area of a second unit shall be 400 square feet.
7. A second unit shall have no more than two (2) bedrooms.
8. The total gross floor area of all covered structures, including an attached
second unit, shall not exceed the lot coverage area as prescribed by the
applicable zoning district.
9. The second unit shall be architecturally compatible with the primary unit.
10. No attached second unit shall cause the height of the primary unit to
exceed the height limitation for the applicable zoning district. If the
attached second unit is not located above any portion of the existing
primary unit, the maximum height of such unit shall not exceed the height
of the primary unit.
11. A detached second unit shall not exceed 17 feet in height nor more than
one story.
12. An attached second unit may have a separate entrance; provided,
however, in no event shall any external stairwell be placed within the
front or side yard setback.
13. A second unit shall contain separate kitchen and bathroom facilities, and
shall be metered separately from the primary dwelling for gas, electricity,
communications, water, and sewer services.
14. All attached second units shall be equipped with approved smoke
detectors conforming to the latest Uniform Building Code standards,
mounted on the ceiling or wall at a point centrally located in an area
giving access to rooms used for sleeping purposes.
15. In addition to the required parking for the primary unit, a minimum of one
additional off-street parking space shall be provided on the same lot that
the second unit is located. One parking space shall be provided for each
studio unit, in accordance with the applicable parking regulations. No
Attachment No. 1
variance or adjustment shall be granted to allow substandard parking
spaces or locations.
16. All construction, structural alterations or additions made to create a
second unit shall comply with current building, electrical, fire, plumbing
and zoning code regulations.
17. In the event of any conflicts between the standards set forth in this
Section and those set forth in the regulations of the applicable zoning
district, the provisions of this Section shall prevail.
18. The applicant shall pay to the City all applicable fees imposed on such
new development.
19. The Director may add other conditions, consistent with general law and
applicable State and City standards, as necessary to preserve the health,
safety, welfare and character of the residential neighborhood; provided,
however, that such conditions shall not unreasonably restrict the ability
of an applicant to create a second unit.
Attachment No. 1
The proposed amendment would amend the Guesthouse and Second Unit section
of Table 9.40.040 to read:
9.40.040 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those
areas and structures which are permitted within each residential district. The letters
in the columns beneath the district designation mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal residential use on the site.
3. "C": Permitted if a conditional use permit is approved.
4. "M": Permitted if a minor use permit is approved.
5. "H": Permitted as a home occupation if accessory to the principal
residential use and if a home occupation permit is approved.
6. "S": Permitted if a specific plan is approved per Section 9.40.030.
7. "X": Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory
District
use
C = Conditional
Very
Medium -
use permit
Low
Low
Medium
High
High
M = Minor use
Density
Density
Cove
Density
Density
Density
permit
Residential
Residential
Residential
Residential
Residential
Residential
H = Home
occupation permit
S = Specific plan
required
X = Prohibited
use
Land Use
RVL
RL
RC
RM
RMH
RH
Residential Uses
Accessory Uses
and Structures
Guesthouses,
A
A
A
X
X
X
subject to
Section
9.60.1001, 3
F.ocu,—
flats,"
A
A
A
AZ
AZ
Az
and employee
gaafters, Second
Attachment No. 1
Residential Units,
subject to
Section
9.60.0901, 3
Garages and
A
A
A
A
A
A
carports, subject
to Section
9.60.060
Keeping of
A
A
A
A
A
A
household pets,
subject to
Section 9.60.120
1 Second Unit and Guest House design and location, as defined in Sections 9.60.090
and 9.60.100, respectively, will be reviewed as part of the Site Development Permit
(SDP) process, if applicable. If proposed on an individual single family lot of record
and not subject to SDP approval, review for conformance with the requirements of
9.60.090 or 9.60.100 will occur during Building Permit Plan Check.
2 Only when built on a lot which is otherwise occupied by a single family home.
Second units shall not be permitted when duplexes tri-plexes or apartments occur
on the lot.
3 In the Cove Residential, Medium Density Residential Medium High Density
Residential and High Density Residential zones, only one quest house or second
residential unit may be permitted on a lot, in addition to the main residence. In the
Very Low Density Residential and Low Density Residential zones more than one
guest house and/or second residential unit may be permitted, with approval of a
Conditional Use Permit. All quest houses or second residential units must conform
to the development standards in this Zoning Ordinance.
The proposed amendment would also delete Section 9.60.090, and replace it with:
9.60.090 Second Residential Units
A. Purpose. This section provides standards and criteria for the establishment of
second units within residential districts, consistent with California Government
Code Section 65852.2. Second units shall be permitted only in the RVL, RL, RC,
RM, RMH, and RH zone districts.
B. Definitions. For the purpose of these development standards, the following
definitions shall apply:
Attachment No. 2
9.80.040 Table of permitted uses (EXCERPT)
Table 9-5 Permitted Uses In Nonresidential Districts (Continued) I
P = Principal use
District
A = Accessory use
Regional
Commercial
Community
Neighborhood
Tourist
Office
Major
C = Conditional use
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Community
permit
Facilities
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
Warehousing and
Heavy Commercial
Uses
(Subject to Section
9.100.120, Outdoor
storage and display)
Wholesaling/distribution
C
P
X
X
X
X
X
centers, with no sales
to consumers
General warehouses,
C
P
X
X
X
X
X
with no sales to
consumers
MinistorageX
warehouses
RX
X
X
X
X
X
Lumber yards, outdoor
X
C
X
X
X
X
X
(see retail stores for
indoor lumber sales)
Pest control services
C
C
X
X
X
X
X
Plumbing repair shops
C
P
X
X
X
X
X
Attachment No. 3
9.130.010 Table of development standards.
Table 9-9, following, contains standards for development of property within special
purpose districts:
Table 9-9 Special Purpose District Development Standards
Development Standard
District
PR
GC
OS
FP
HC
SOB
EOD
Minimum building site
n/a
n/a
n/a
Maximum structure height (ft.)"
28
28
28
Maximum number of stories
2
2
2
Minimum perimeter
building/landscape
setbacks Inds
Fr6m.Highway`111.
50/5
50/5
50/5
50/5
50/5
50/5
50/5
right-of-way
0
0
0
0
0
0
0
From perimeter street
ROWs
30
30
30
Frorritall pnmary',irnage
30%2
30/2
3072
30/2
30/2
30/2
30/2
0
cordd0r3 n hcLts-of fpY
f,Hwy 1 i 1)`aridur
0
—
0
—
0
—
0
—
0
—
0
—
fro' m 6
from all, maland
r mar`.arteriafs
From abutting
residential property or
districts
30
30
30
From abutting
commercial and other
nonresidential property
or districts
20
20
20
Minimum setback from interior property lines
within the same project
0
0
0
Parking and signs
See Chapter 9.150 and 9.160
Fences and walls
See Section 9.100.030
Landscaping and screening
See Sections 9.100.040 and 9.100.050
As required for needed flood control structures.
** As provided in the HC supplemental regulations, Section 9.140.040.
Attachment No. 3
* * * As provided in the underlying base district regulations, subject to the additional
requirements of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060.
NQ jncludinA basernents Also, ito#v , S-twa id ng above .table the maximum structure height
eguafs feet for al! b"uifdtr�gs'�sijthtn �5fieet.nf, any General Pl in -primary image: corridor and
major or.,pnmarytiartenals:
z Landscade setback'r'666, corisist`.of laridsoaped area within' the, building setbacks Number
given is minimum land's'caped`.set"tlt3ck from..theb street right-of-way. Tf a remaining building
setback'may containparking, driveways and similar facilities: In. addition to above landscape
setbacks; interior endsoaping shall b-e,,T
equiled as a percentage of the net project area as
follows,?parking`areas:'minimt]m S,pePcent, non- parking areas: minimum 5 per
3 The following are applicabaenrttat image corridors as'.identified °in the 'general plan:
Washington Street, Jefferson.°Stree '- Fred'Wi ind Drive, Calle Tampico, Eisenhower Drive (from
Tam'ico`to Washing ton Street).
1II-2