PC Resolution 2010-011PLANNING COMMISSION RESOLUTION 2010-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2010-100, 1.)
TO ADJUST THE GUESTHOUSE PROVISIONS IN THE TABLE OF
PERMITTED USES (9.40.040), 2.) TO ADJUST THE GUESTHOUSE
PROVISIONS IN THE SUPPLIMENTAL RESIDENTIAL CODE (9.60.100),
3.) TO PROHIBIT SINGLE FAMILY HOMES WITHIN THE VILLAGE
COMMERCIAL DISTRICT (9.65.020), 4.) TO IDENTIFY GOLF CART
SALES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES
(9.80.040), 5.) TO ADJUST THE PERMITTED DATE FOR CHRISTMAS
TREE SALES (9.100.080), 6.) TO CORRECT AN ERROR IN THE USED
CAR SALES REGULATIONS (9.100.300), 7.) TO PERMIT THE USE OF
SEASONAL SALES BUSINESSES (9.100.310), AND 8.) AND TO
ADDRESS MULTI -TENANT OFFICE COMPLEXES WITH INTERIOR
TENANTS IN THE SIGN ORDINANCE (9.160.050).
CASE NO.: ZONING ORDINANCE AMENDMENT 2010-100
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 13" of April, 2010, hold a duly noticed Public Hearing for
review of a Zoning Ordinance Amendment to adjust the guesthouse provisions in
the Table of Permitted Uses (9.40.040), to adjust the guesthouse provisions in the
Supplimental Residential Code (9.60.100), to prohibit single family homes within
the Village Commercial District (9.65.020), to identify golf cart sales in the Non -
Residential Table of Permitted Uses (9.80.040), to adjust the permitted date for
Christmas Tree Sales (9.100.080), to correct an error in the used car sales
regulations (9.100.300), to permit the use of seasonal sales businesses
(9.100.310), and to address multi -tenant office complexes with interior tenants in
the Sign Ordinance (9.160.050), 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
determined that the Amendment is exempt pursuant to 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 April 2, 2010, as prescribed by the
Municipal Code; and
Planning Commission Resolution 2010-011
Zoning Ordinance Amendment 2010-100
April 13, 2010
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; does not create any new or
changed conditions to the environment, 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 2010-100 as set forth in attached Exhibits A through
H to the City Council for the reasons set forth in this Resolution.
Planning Commission Resolution 2010-011
Zoning Ordinance Amendment 2010-100
April 13, 2010
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 13`h day of April, 2010, by the following
vote, to wit:
AYES: Alderson, Barrows, Weber, Wilkinson, and Quill
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
I'ES JggM-ON, Planning Director
City of"La Quinta
Exhibit "A"
9.40.040 Residential Table of Permitted Uses.
Table 9-1 Permitted Uses in Residential Districts
P = Principal
use
District
A=
Accessory use
Very
Medium-
C =
Low
Low
Medium
High
High
Conditional
Density
Density
Cove
Density
Density
Density
use permit
Residential
Residential
Residential
Residential
Residential
Residential
M = Minor
use permit
H = Home
occupation
permit
S = Specific
plan required
X =
Prohibited use
Land Use
RVL
RL
RC
RM
RMH
RH
Accessory
Uses and
Structures
Guesthouses,
A
A
A
X A
X A
X A
subject to
Section
9.60.100
Second
A
A
A
A
A
A2
Residential
Units,
subject to
Section
9.60.090�
AN
'Wil
In the
ee..e .eelden+'al medium denait.w
.eaidential
medium high density
sidential
and high dena0+.w . aidential
zensamy
a eatseee
in
nd
Fesidenee.
sident'al unit m he n
In the veFy In de sit.
mitted e a let,
Fesidential and
additien to the m
Ie density siden+ial
e than a heuse
nd/e. a nd
widential unit m he
guest
peFFmi+ted
seeend
+th i.�c
w .with a al of nditienal
aidential a nfe.m
usepeFFnit.
to the de.welenment
All guest heliaea e
standards in
units must
Exhibit "B"
9.60.100 Guesthouses.
A. Purpose. This section provides standards and criteria for the
establishment of guesthouses where such units are permitted in accordance
with Section 9.40.040.
B. Definitions. For purposes of this code, the following definitions shall
apply:
1. "Guest house" means a detached or attached unit which has
sleeping and sanitary facilities but no cooking facilities and which is
used primarily for sleeping purposes by members of the family
occupying the main building, their nonpaying guests, and domestic
employees.
2. "Living area" means the interior habitable area of a dwelling unit,
including basements and attics (if permitted) and shall not include a
garage or any accessory structure.
C. Limitations. Onfy-ene One seeend rcc:acRtia! use OF guesthouse may be
established on any single-family residential lot undeF ten aeFes :e ^M�
"'edition to the Y' riFn •) .... T�-
Fesiacas a permitted accessory use. „eFe:eFe,
single e
In the cove residential,
medium density residential, medium high density residential and high density
residential zones only one guest house may be permitted on a lot, unless
otherwise approved through a specific plan. In the very low density
residential and low density residential zones, more than one guest house may
be permitted with Planning Director approval.
D. Standards for Guesthouses.
f+p.rrno*Guesthouses shall not be permitted when duplexes, tri-plexes, or
apartments occur on the lot. All guesthouses shall conform to the following
standards:
1 . Detached guesthouses shall conform to all applicable building
code standards and all development and design standards of the
zoning district in which they are located. In addition, the height of the
guesthouse shall not exceed seventeen feet and shall not be more
than one story.
2. Guesthouses shall be architecturally compatible with the main unit.
3. The floor area of the guesthouse shall not exceed thirty percent of
the existing living area of the principal residence.
4. The placement of a guesthouse on a lot shall not result in violation
of the lot coverage maximums set forth in Section 9.50.030.
5. There shall be no kitchen or cooking facilities within a guesthouse.
6. A guesthouse shall be used only by the occupants of the main
residence, their non-paying guests, or domestic employees. The
guesthouse shall not be rented or otherwise occupied separately from
the main residence.
7. A deed restriction shall be required for recordation against the
property to prohibit the use or conversion of the guesthouse to a
rental unit, to a unit for sale, or to add a kitchen or cooking facility.
8. If a private sewage disposal system is used, approval of the local
health officer shall be required.
9. When constructed with tract homes or prototypical residential
units, guesthouse location and design shall be reviewed and approved
as a part of the Site Development Permit process. On an individual
single family lot of record, guesthouses shall be reviewed and
approved for conformance with these provisions during the building
permit plan check process.
Exhibit "C"
9.65.020 Permitted uses.
A. Permitted uses in the VC zoning district will combine essential day-
to-day neighborhood goods and services, tourism and visitor -based retail and
entertainment opportunities, and facilities necessary for the operational
demands of such uses.
B. The following uses are permitted in the VC zoning district with
approval of a Village use permit (VUP), pursuant to the procedures set forth
in Section 9.65.040. Where a determination on a particular use is necessary,
it shall be made pursuant to Section 9.65.040(C):
1. Single and Multifamily Residential dwellings. Such uses include tewR
heroes, condominiums, apartments and similar housing types. Residential
density shall be determined on a site specific basis, based on the
development capacity for the proposed project uses on the site. The ultimate
decision on density shall rest with the planning commission;
Exhibit "D"
9.80.040 Table of permitted uses.
Table 9-5 Permitted Uses In Nonresidential Districts (Continued)
P = Principal use
District
Regional
Commercial
Community
Neighborhood
Tourist
Office
Major
A = Accessory use
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Community
Facilities
C = Conditional use permit
M = Minor use permit
T = Temporary use permit
X = Prohibited use
Land Use
CR
CID
CC
CN
CT
CO
MC
Automotive Uses
(Subject to Section
9.100.120, Outdoor
storage and display)
Golf cart, Neighborhood
P
P
P
X
X
X
X
Electric Vehicle (NEV), and
electric scooter sales
Exhibit "E"
9.100.080 Christmas tree sales.
Temporary Christmas tree sales facilities are permitted subject to
approval of a temporary use permit and the following requirements:
A. The facility shall not be established prior to the Monday fell
Thanksgiving in any calendar year.
B. Such a facility shall not engage in the sale of any merchandise not
directly associated with Christmas trees and Christmas decorations.
C. The applicant shall secure an electrical permit.
D. The facility shall be removed and the premises shall be cleared of all
debris and restored to the condition existing prior to the establishment of the
facility by the January 8th following the applicable Christmas holiday. A
cash bond or, other guarantee shall be posted prior to establishment of the
facility to ensure cleanup.
E. Each facility shall comply with fire prevention standards as approved
and enforced by the fire marshal.
F. Off-street parking and vehicular access shall be provided to the
satisfaction of the director.
G. Signs shall be restricted to one banner sign per street frontage, each
sign not exceeding thirty-two square feet. Other signs and advertising
devices such as pennants, flags, A -frame signs, are prohibited. (Ord. 284 §
1 (Exh. A) (part), 1996)
Exhibit "F"
9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales
Facility
A. Use Permit Required. Used vehicle sales not associated with a new
vehicle sales facility may be permitted iR ♦he GR a:s.: Gt in certain zoning
districts subject to approval of a conditional use permit when consistent with
a Specific Plan, as per the Non -Residential Table of Permitted Uses. Used
vehicle sales facilities are subject to the use and design standards herein.
Exhibit "G"
9.100.310 Seasonal Sales Businesses.
A. Purpose. This section provides regulations for temporary businesses
operating at a single location within an existing commercial building or
interior tenant space on a seasonal or short-term basis for a period not to
exceed 90 consecutive days within a calendar year. This chapter shall not
apply to those businesses which intend to operate, or have been in operation,
longer than a 90 day period at a single location.
B. Where Permitted. Seasonal sales businesses may be permitted with a
Temporary Use Permit as per Section 9.210.050 when identified as a
permitted land use under Section 9.80.040.
C. City Business License Required. All seasonal businesses shall obtain a
Citv Business License and have a Doint of sale within the Citv of La Quinta.
D. Signs. Temporary signs for seasonal sales businesses shall be
permitted in accord with Section 9.160.050 through approval of the
Temporary Use Permit. Permitted temporary sign material shall be limited to
a minimum one -inch thick plastic formed lettering affixed to the building
facade. All sign lettering shall promptly be removed upon expiration of the
Temporary Use Permit and the facade shall be restored to its prior condition.
Seasonal sales businesses shall not be permitted an additional sign permit for
a „grand opening" banner or permanent sign.
Exhibit "H"
9.160.050 Permanent signs in nonresidential districts.
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Note: Freestanding signs shall not be located within 5 feet of a street right-of-
way nor within a corner cutoff area identified in Section 9.100.030.
Note: "ID" means identification sign.
Note: Signs required by law shall be allowed at the minimum size specified by
such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
Building-
1 flush-
Flush-
8 ft.
Direct or
ID signs not
mounted or
mounted
mounted: 1
indirect for
permitted
permanent
plus 1
sq. ft. per
all signs
for tenants
window ID
under-
lineal ft. of
above the
signs for
canopy per
lease
ground
individual
tenant
frontage up
floor in
commercial
frontage
to
buildings
or office
along a
maximum
with only
tenants
street or
of 50 sq.
interior
along a
ft.
access
common-
aggregate
above
use parking
Under-
ground
lot with no
canopy: 3
floor shall
direct street
sq. ft.
require a
frontage
sign
program