PCRES 2009-011PLANNING COMMISSION RESOLUTION 2009-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2008-096, 1.)
TO UPDATE THE LIST OF ESTABLISHED ZONES (9.20.010), 2.) TO
IDENTIFY THE EFFECTIVE DATE FOR LOW DENSITY RESIDENTIAL
ZONED LOTS WHICH ARE PERMITTED A 10 FOOT REAR SETBACK
(9.50.030), 3.) TO IDENTIFY THE CORRECT COVE RESIDENTIAL
MINIMUM DWELLING UNIT SIZE IN TABLE 9-2 (9.50.030), 4.) TO
IDENTIFY PROVISIONS FOR THE USE OF VINYL FENCING
MATERIALS (9.50.090), 5.) TO CORRECT THE GUESTHOUSE
PROVISIONS IN THE RESIDENTIAL TABLE OF PERMITTED USES
(9.60.100), 6.) TO REQUIRE A SPECIFIC PLAN IN CERTAIN
COMMERCIAL ZONING DISTRICTS FOR ALL PROJECTS OVER 10
ACRES IN SIZE (9.70.030 & 9.90.040), 7.) TO IDENTIFY TOBACCO
AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE
OF PERMITTED USES (9.80.040), 8.) TO ESTABLISH SUNSET
PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS
(9.200.070), AND 9.) TO SPECIFY CRITERIA FOR MODIFICATION BY
APPLICANT PROCEDURES (9.200.090).
CASE NO.: ZONING ORDINANCE AMENDMENT 2008-096
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 24' 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
WHEREAS, 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 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
Planning Commission Resolution 2009-011
Zoning Ordinance Amendment 2008-096
March 24, 2009
determined that the Amendment is exempt pursuant to Section 150611B1(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on March 11, 2009, 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 Zoning Ordinance Amendment:
1. The proposed Zoning Ordinance Amendment is consistent with the General
Plan, insofar as it amends the Zoning Code to be consistent with California
requirements for second units; implements existing City policies that are in
conformance, with those in the General Plan; removes inconsistent,
conflicting, and incompatible portions of text; and allows for continued high
quality development in the City. Because the amendments are either
corrections, clarifications, or the codification of current policies and
interpretations, the code amendment is consistent with the goals, objectives
and policies of the General Plan.
2. Approval of the Zoning Ordinance 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.
3. The Zoning Ordinance Amendment has been determined to be exempt from
the California Environmental Quality Act in that the proposed changes to the
Municipal Code will have no effect on the environment.
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 the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 2008-096 as set forth in attached Exhibits A through
H to the City Council for the reasons set forth in this Resolution.
Planning Commission Resolution 2009-011
Zoning Ordinance Amendment 2008-096
March 24, 2009
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 24" day of March, 2009, by the
following vote, to wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: None
a -
ED AL ERSON, Chairman
City of La Quinta, California
ATTEST:
CES JOHNSON, Planning Director
City of La Quinta
EXHIBIT A
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 Di..t.i..t
9.
VC
Village Commercial District
48.
VG
41-
VR
Village o.,.l. Distget
42—.
VS
41-4:
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
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
RP
Overlay
Over
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/<
multifamily projects (sq. ft.)
Minimum lot frontage for
100
60
60
50
40
n/a
single-family dwellings (ft.)'
Minimum frontage for
n/a
n/a
n/a
n/a
100
100
nA
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.)3
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.)', 7
Minimum rear yard setback
30
20 for
10
15
15
20
(ft.)7
new lots
and 10
for
existing
recorded
lotO
Maximum lot coverage (% 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%
nA
areas
Minimum/average perimeter
10/20
10/20
n/a
10/20
10120
10/20
10/20
nh
landscape setbacks (ft.)e
1
1
1
1
1
1
Special Zoning Symbols Referenced on the Official Zoning Map
Symbol
Description of Special Zoning Symbols Used as per Section 9.20.1
60-RM-10,000
60-foot minimum lot frontage, medium density residential zonin!
17/1
10,000 square foot minimum lot size, 17-foot maximum building h
at one story
RL 10,000
Low density residential zoning, 10,000 square foot minimum lot s
17/1
17-foot maximum building height at one story
RM
Medium density residential zoning, 17-foot maximum building heigl
17/1
one story
RL
Low density residential zoning, 17-foot maximum building height al
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 fo
flag lots shall be 15 feet.
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.
For non -garage portions of dwelling only. Also, projects with five or more adjacent single far
dwelling units facing the same street shall incorporate front setbacks varying between 20 feet
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 do(
used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the F
district and 15 feet in all other residential districts.
The following are exceptions to the minimum side setbacks shown:" For interior side yards ii
the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet
one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ter
feet. The additional setback may be provided entirely at grade level or a combination of at gra(
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 s
side yard property line. For interior setbacks, if the building is over 28 feet in height the setba(
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.
Common open area and perimeter landscape requirements do not apply to single-family detai
projects unless a specific plan is required. Common open area equals percent of net project ar(
Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum (
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 minim
of 25 feet with the exception of RVL zone district where it only applies to the side yard.
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
A'
A!
A
units subject to
Section 9.60.0901,3
*A:11:3ro-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
CH
CP
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
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 is 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. E 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.
I1/Gll-.3tii;
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 111 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. PeF geneFa' plan Pelmey 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
I 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.)" 6
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
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 111)
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
50/10
50/10
50/10
30/155
30/155
30/155
30/155
and GC districts'
Minimum setback from interior property
0
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).
4 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.
5 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.
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 at 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. If no actioi
thereafter
the application shall automatically be withdrawn and closed.
EXHIBIT H
9.200.090 Modifications by applicant.
A. Plan Modifications by Applicant. Site Development Permit and Village
Use Permit Rplans 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.
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.