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PC Resolution 2011-004PLANNING COMMISSION RESOLUTION 2011-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2011-103, 1.) A CLARIFICATION REGARDING THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS 09.50.100), 2.) CORRECTING AN ERROR REGARDING GUEST HOUSES AND SECONDARY UNITS (§9.140.070), 3.) ADJUSTING THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS (§9.200.080), 4.) DELETION OF OBSOLETE LANGUAGE REFERENCING GUESTHOUSE EXAMPLES (§9.210.020), AND 5.) REVISED DEFINITIONS OF CHILD DAY CARE USES TO BE CONSISTENT WITH STATE LAW (§9.280.030). CASE NO.: ZONING ORDINANCE AMENDMENT 2011-103 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14`" of June, 2011, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to clarify the location of certain landscaped parkways (§9.50.100), correct an error regarding guesthouses and secondary dwelling units 09.140.070), adjust the time extension period for development review permits (§9.200.080), delete obsolete language regarding guesthouse examples 09.210.020►, and revise definitions to be consistent with state law (§9.280.030), 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 June 3rd, 2011, 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 Planning Commission Resolution 2011-004 Zoning Ordinance Amendment 2011-103 June 3, 2011 requirements for second dwelling units and child care facilities; 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 2011-103 as set forth in attached Exhibits A through E 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 14`' day of June, 2011, by the following vote, to wit: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson NOES: None ABSENT: Commissioner Weber ABSTAIN: None ED ALD S N, Chairman City of La Quinta, California Planning Commission Resolution 2011-004 Zoning Ordinance Amendment 2011-103 June 3, 2011 ATTEST: JO SON, Planning Director of La Quinta Exhibit "A" 9.50.100 RL district property subdivision development standards, ten acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of twenty thousand square feet shall be required, unless: a. The proposed subdivision establishes a minimum of twenty - residential lots). The open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the twenty-five percent open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than ten thousand square feet in size. 3. A landscaped parkway of thirty feet in depth shall be required on all Elie arterial streets. 4. All other development standards of the RL district, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The city's official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 440 § 2, 2007) Exhibit "B" 9.140.070 Low density/agricultural-equestrian residential district. TABLE 9-10 PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT Accessory Uses and Structures Guest houses, subject to Section 9.60.010 M M A Second units, "granny flats" and employee quarters, subject to Section 9.60.090 M M A Exhibit "C" 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permits effective date as set forth in Section 9.200.060. The period of validity shall run indefinitely unless at expiFes pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 284 § 1 (Exh. A) (part), 1996) Exhibit "D" 9.210.020 Conditional use permits and minor use permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this section, the term "use permit" includes both conditional use and minor use permits. B. Definitions. "Use permit" means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. 1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents or businesses; for example, kennels or animal shelters. 2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents or businesses. In most cases, such uses are accessory to a main or principal use on the property; Exhibit "E" 9.280.030 Definition of terms. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: (a) "Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (b) "Large family day care home" means a home that provides family day care for 7 to 14 children inclusive including children under the age of 10 years who reside at the home. (c) "Small family day care home" means a home that provides family day care for eight or fewer children including children under the age of 10 years who reside at the home.