ORD 489ORDINANCE NO. 489
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE, 1) A CLARIFICATION REGARDING
THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS
(§9.50.100), 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
09.280.030).
9.280.030).
WHEREAS, the City has found that changes in policies, procedures, and
issues with permitting have arisen as staff implements the Zoning Ordinance; and
WHEREAS, the City has, from time to time, made amendments to the Zoning
Ordinance to address changes in circumstances; and
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 1) clarify the location of certain landscaped
parkways (§9.50.1001, 2) correct an error regarding guesthouses and secondary
dwelling units (§9.140.070), 3) adjust the time extension period for development
review permits (§9.200.080), 4) delete obsolete language regarding guesthouse
examples (§9.210.020), and 5) revise definitions to be consistent with state law
09.280.030), and recommended approval of the proposed Amendments to the
City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the 5`" day
of June, 2011, and considered the evidence, written and oral, presented at the
hearing.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La
Quinta does ordain as follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibits "A" through "E," on file in the Planning
Department.
SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby
finds that this Ordinance is consistent with the La Quinta General Plan. The Zoning
Ordinance Amendment is consistent with the General Plan insofar as it amends the
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 2 of 9
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.
SECTION 3. ENVIRONMENTAL. The Planning Director has determined 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(13)(3), Review for Exemptions of
the CEQA Guidelines.
SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable,
and if any clause, sentence, paragraph, subdivision, section, or part of this
Ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part thereof directly involved in the controversy in which such judgment
shall have been rendered.
SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be
construed as necessary to effectively carry out its purposes, which are hereby
found and declared to be in furtherance of the public health, safety and welfare.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and
be in force 30 days after passage.
SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance; and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta at a regular meeting thereof held on the 19' day of July, 2011, by the
following vote:
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 3 of 9
AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: None
ABSENT: Council Member Sniff
ABSTAIN None
DON A or
City of La Quin aayCalifornia
A
City of LcfQuinta, California
(CITY SEAL) Iz
APPROVED AS TO FORM:
M. KATHEIRINE JEN�,ON, City Attorney
City of La Quinta, C44ifornia
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 4 of 9
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
public 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)
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 5 of 9
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
o Section 9.60.090 M
M A
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 8 of 9
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 it 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)
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 7 of 9
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; fee e ple a guesthouse on a lot ,,,.ntai. ing . main
residenee.
Ordinance No. 489
Amending Title 9
Adopted: Jury 19, 2011
Page 8 of 9
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:
at the Mere.
(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.
Ordinance No. 489
Amending Title 9
Adopted: July 19, 2011
Page 9 of 9
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA ►
I, VERONICA J. 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.
489 which was introduced at a regular meeting on the 5`" day of July 2011, and
was adopted at a regular meeting held on the 191" day of July201 1, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
r
VER NICA ONTE INO, CMC, City Clerk
City of La Guinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on 25 2olt
pursuant to Council Resolution.
VMONICAONTECINO, CMC, City Clerk
City of La Ouinta, California