ORD 471ORDINANCE NO. 471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, PERMITTING USED CAR
SALES IN REGIONAL COMMERCIAL ZONING DISTRICT
OF THE CITY ON AN INTERIM BASIS, SUBJECT TO A
CONDITIONAL USE PERMIT, AND DECLARING THE
URGENCY THEREOF
WHEREAS, the La Quinta Zoning Ordinance regulates the location of new
and used car sales within the regional commercial zones of the City; and
WHEREAS, the bankruptcy of the Chrysler Corporation is causing one of the
City's auto dealers, Dodge City, to lose its franchise, which will result in the
dealership being prohibited from selling any new Dodge, Chrysler or Jeep vehicles
after June 8, 2009, which will lead to the closure of the business if the City does
not take immediate action on this matter; and
WHEREAS, the City finds that the allowance of used car sales in regional
commercial zones of the City on an interim basis, subject to a conditional use
permit, is desirable; and
WHEREAS, the La Quinta Municipal Code Section 9.80.040 (Table 9-5)
currently prohibits used car sales that are not in conjunction with a new vehicle
sales facility in the Regional Commercial District of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
ORDAIN AS FOLLOWS:
SECTION 1. DECLARATION OF FACTS CONSTITUTING URGENCY. The City of
La Quinta hereby finds that this Ordinance is required to prevent a current and
immediate threat to the business operations of the Dodge City dealership. Forcing
that dealership to close would have negative impacts on the City and the public
welfare, including increasing the unemployment in the area, creating vacancies
along the City's busiest commercial corridor, and eliminating the sales tax that the
dealership currently collects which helps to fund State and City operations.
SECTION 2. APPROVAL OF USED CAR SALES WITHIN REGIONAL COMMERCIAL
ZONES OF THE CITY ON AN INTERIM BASIS, SUBJECT TO A CONDITIONAL USE
PERMIT. The City Council hereby finds that during the time this Ordinance is in
effect, the City hereby declares that on an interim basis, La Quinta Municipal Code
Section 9.80.040 (Table 9-5), under the heading "Automotive Uses -Used Vehicle
Sales, Not Associated with a New Vehicle Sales Facility" for Regional Commercial
District shall be changed from "X" to "C*." The following note shall be added to
Table 9-5: *Any Conditional Use Permit issued under this interim provision shall be
for a limited time only, which time shall be determined by the decision making body."
Interim Ordinance 471
Urgency Measure -Used Car Sales
Section 9.80.040 Table 9-5
Adopted: June 2, 2009
Page 2
This interim provision shall only apply to existing nevv vehicle sales facilities in
operation at the effective date of this Ordinance. Filing of a complete conditional use
permit application within 15 days of the effective date of this Ordinance shall allow
the owrier of Dodge City tb operate a used vehicle sales facility while said application
is being processed.
SECTION 3. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby
finds that this Ordinance is consistent with the La Quinta General Plan, which
authorizes automobile sales in the Regional Commercial District and does not prohibit
used automobile sales.
SECTION 4. URGENCY. The City Council hereby declares this Ordinance to be an
urgency measure in accordance with Government Code Section 65858.
SECTION 5. SEVERABILITY. It is the intention of the City Council that the sections,
subsections, clauses and phrases of this Ordinance are severable, and if any portioh
of this Ordinance is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remainder of
the Ordinance, and the City Council would have enacted such remainder without the
portion found to be invalid or unconstitutional.
SECTION 6. PUBLICATION. The City Clerk of the City of La Quinta shall certify to
the passage and adoption of this Ordinance, and shall cause the same to be posted in
the manner required by law.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2nd day of June, 2009, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
City of La
VERONICA MONTECINO, C
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
Clerk
~~
. KAY HERINE JE ON, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA 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.
471 which was introduced and adopted at a regular meeting on the 2"' day of
June, 2009.
I further certify that the foregoing Urgency Ordinance was posted in three places
withi the City of La Qui to as, pecified in City Council Resolution 98-109.
~ ~~~~ _
VERONICA M NTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby c ify that the foregoing urgency ordinance was posted on June _
2009 p rsuant to Council esolu ' n.
VERONICA MON E INO, CMC, City Clerk
City of La Quinta, California
Interim Ordinance 477
Urgency Measure -Used Car Sales
Section 9.80.040 Table 9-5
Adopted: June 2, 2009
Page 3
ATTEST: