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ORD 498ORDINANCE NO. 498 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS 'Y2 ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT 09.65) WHEREAS, the City recognizes the importance of providing flexibility in the development review process while at the same time insuring development is consistent with the policies of City's General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24'h of April, 2012, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to require a specific plan for any new development located on a parcel '/z acre or greater in size within the Village Commercial District (§9.65), and WHEREAS, the City Council held a duly noticed public hearing on the 15`h day of May, 2012, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, 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 Exhibit "A" on file in the Planning Department and with the City Clerk. 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 that it does not create any new or changed conditions to the environment and is intended to encourage flexibility in development awhile insuring consistency with City's General Plan. 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(B)(3), Review for Exemptions of the CEQA Guidelines. Each application submitted as a result of this Amendment Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 2 of 11 will be further assessed under the California Environmental Quality Act on a case - by -case basis. 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. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after adoption. SECTION 6. 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 5t" day of June, 2012, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON AD PH, ayor City of La Quinta California Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 3 of 11 ATTEST: SUSAN MAYSELS, IrVerim City Clerk City of La Quinta, California AS TO FORM: Idl. rATHERINE JENVW, City Attorney City of La Quinta, �ifornia Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 4 of 11 EXHIBIT A 9.65.010 Introduction. A. Role of The Village at La Quinta Design Guidelines. The provisions of this chapter, regulating uses and structures within The Village at La Quinta area, implement the concepts and guidance set forth in The Village at La Quinta Design Guidelines ("guidelines"). Land uses and development proposed in The Village area shall be designed and evaluated in conjunction with those guidelines. B. Purpose of Design and Development. The following purpose statements reflect the design concepts envisioned by the guidelines: 1. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community; 2. Promote development standards to accommodate projects and activities which will provide goods, services and housing in a design environment supportive of the concepts set out in the guidelines: promoting pedestrian accessibility and scale, maintaining connections to La Quinta's artistic and architectural heritage, and guiding design to acknowledge and embrace the desert environment. (Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.015 Specific Plan Requirement. A All new development proposals located in the Village Commercial District and on a parcel '/2 acre or greater in size shall require approval of a specific plan A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Specific plans shall be subject to review per La Quinta Municipal Code Section 9.240.010. Except that upon a finding of good cause the City Council may waive the requirement for a specific plan. 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 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 5 of 11 entertainment opportunities, and facilities necessary for the operational demands of such uses. B. Except as otherwise approved as part of a specific plan for the property, 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. Multifamily Residential Dwellings. Such uses include 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; 2. Commercial guest lodging (including bed and breakfast) and associated uses, such as retail shops, restaurants and conference rooms; 3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, hand -made furniture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations to the public; 4. Professional service offices providing limited sales, such as medical, dental, veterinary clinic, dietician, optician, catering, attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental services, are permitted (vehicles may be stored in the district). Uses such as construction management offices are permitted provided construction materials and job equipment are not kept on premises; 5. Prepared food service for on -site consumption, drive-in and drive - through, and/or carry -out, including fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses; 6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating. Such uses include fine dining and other low to medium turnover restaurants; cocktail lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses, with alcohol sales for on - site consumption only, along with live, recorded or other entertainment in Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 6 of 11 or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc.; 7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner theaters, conference center, gymnasium facilities, concert halls and related uses; 8. Indoor facilities for education, training, self-help and improvement, hobbies, or vocational purposes, both public and private. These may be located in any facility which can accommodate the use, such as ability to meet occupancy requirements, etc.; 9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment rooms. Such uses may include sale of display art pieces; 10. Retail merchandise sales of limited goods (goods that can be carried out and hauled by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, kitchen and bath shops, video and audio equipment, clothing, pets and pet supplies, office equipment and supplies, party and/or costume rentals, sporting goods, home furnishings, hardware and home improvement, and other related uses. C. The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village .use permits. (Ord. 480 § 1, 2010; Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.030 General development standards. A. Purpose. Except as otherwise approved as part of a specific plan for the property, this section outlines the development standards to be adhered to in the VC zoning district. These relate primarily to the performance standards commonly associated with typical zoning enforcement, such as parking, setbacks, and height limits. This district is to be considered as stand-alone, in that application of the overall zoning code to Village area projects shall be accomplished through design review during the Village use permit process, prioritizing the guideline concepts and the VC zoning district above the applicable zoning code standards. 1. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the guidelines and the proposed project characteristics. Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 7 of 11 a. Setbacks along front, side, and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side -loading commercial space, stairwells, or through -access between front and rear of the building(s). b. Projects with any retail commercial components shall maintain a minimum ten -foot landscaped setback from any RVL, RL or RMH zoned properties. c. No utility equipment shall be allowed above ground in the right-of- way. Such equipment shall be integrated into the footprint of the proposed building. 2. Heights. Building height shall be limited to thirty-five feet, or two stories, for main building mass. Architectural and roof projections not providing habitable or otherwise usable space, such as chimneys, spires, finials, and similar features shall be permitted to extend up to three feet above the maximum structure height. Structure height shall be measured pursuant to zoning code Section 9.50.050. 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC zoning district, variations to any parking standards can be approved. 4. Landscaping. Project landscaping shall be provided to implement the guidelines and existing city policies. 5. Screening. Project parking service area and trash enclosure screening shall be provided to implement the guidelines and existing city policies. 6. Lighting. Project landscape, parking, building and pedestrian lighting shall be provided to implement the guidelines and existing city policies. 7. Special Sign Allowances. For Village area development, it is determined that in order to preserve the greater aesthetic benefits and historic character of The Village area, designated landmarks or historic resources, as defined in Chapter 7.02 of this code, are considered exempt from the regulations set forth in Chapter 9.160, with the exception that any signs proposed shall be subject to obtaining an approved sign program through the certificate of appropriateness process for historic buildings and Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 8 of 11 structures. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.040 Village use permit review process. A. Purpose and Intent. This section is intended to provide for specific design review procedures for uses and projects proposed in The Village area. B. Preliminary Development Plans. Any potential project applicant in The Village area has the option to file a preliminary development plan (PDP) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. There shall be no fees charged to any applicant who wishes to utilize this process, which offers the following advantages: 1. Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing; 2. Provides previous project background which can speed up the formal approval process when the project is submitted; 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability. Submittal for this process consists of five sets of a site plan, floor plan and four -point elevations, in conceptual format, and a brief, written project overview which should list the site location, assessor's number, acreage, etc. Within thirty calendar days of receipt of a preliminary development plan application, a review letter shall be issued to the applicant, incorporating all comments received during the review period. C. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a request for an interpretation of the use in question may be made, in writing, to the planning director. Within ten calendar days of receipt of such a request, the director shall either render a decision on the request or inform the inquiring party of deferral of his decision to the planning commission. A written decision to defer to the planning commission shall specify the earliest available planning commission meeting for the decision to be considered to be no later than thirty, calendar days from the date of the director's notice of deferral. A decision by the director or planning commission may be appealed pursuant to Section 9.20.040. D. Village Use Permit Requirements. Except as otherwise approved as part of a specific plan for the property, all new development proposals in the Village Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 9 of 11 Commercial District shall be required to file an application for a village use permit. A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Village use permits shall be subject to review by the planning commission as a public hearing. E. Any proposal in the VC zoning district without prior Village use permit approval determined as not meeting the criteria in subsection D of this section shall be subject to review by the planning director. 1. Administrative approval may be given by the planning director for any building additions and/or exterior building, architectural design and site modifications that are determined by the planning department to implement the concepts set forth in "The Village at La Quinta Design Guidelines." The planning director may refer the project to the planning commission. 2. Additions and exterior building and site modifications that do not fall under Subsection 1 above, shall be approved by the planning commission as a public hearing under the Village use permit process. F. Findings for Approval. The following findings shall be made by the decision -making authority prior to the approval of any village use permit: 1. Consistency with General Plan. The development of the proposed use is consistent with the La Quinta general plan; 2. Consistency with Zoning Code and Specific Plan. The development of the proposed use is consistent with the La Quinta zoning code and any applicable specific plan; 3. Compliance with CEQA. The proposed Village use permit application has been processed in compliance with the requirements of CEQA; 4. Surrounding Uses. Approval of the proposed Village use permit will not create conditions materially detrimental to the public health, safety and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity; 5. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines; 6. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 10 of 11 development and the quality of design illustrated in The Village at La Quinta Design Guidelines; 7. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence design, and elements of the Village use permit are compatible with surrounding development and the concepts of The Village at La Quinta Design Guidelines; 8. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs), b. The sign program is in harmony and visually related to: i. All signs within the planned sign program, via the incorporation, of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape, ii. The buildings they identify. This may be accomplished by utilizing materials, colors or design motif included in the building being identified, iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. G. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this title. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 323 § 3 (Exh. B) (part), 1998) Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 11 of 11 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, Interim 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. 498 which was introduced at a regular meeting on the 15th day of May, 2012 and was adopted at a regular meeting held on the 5th day of June, 2012, 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. 2006-1 15. SUSAN MAYSELS, Inter4i City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on June 6, 2012, pursuant to Council Resolution. Susan Maysels, Interim City Clerk City of La Quinta, California