ORD 509ORDINANCE NO. 509
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 (ZONING) OF THE LA
QUINTA MUNICIPAL CODE, SPECIFICALLY: CHAPTER
9.60.300 (COMPATIBILITY REVIEW FOR PARTIALLY
DEVELOPED SUBDIVISIONS) TO ALLOW GREATER
FLEXIBILITY REGARDING THE REVIEW PROCESS AND
DEVELOPMENT STANDARD . COMPLIANCE FOR
COMPATIBILITY REVIEW FOR PARTIALLY -DEVELOPED
SUBDIVISIONS
CASE NO.: ZONING ORDINANCE AMENDMENT 2013-112
WHEREAS, the City recognizes the importance of accommodating changes in
residential building and design practices; 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 12th day of February, 2013, hold a duly noticed Public Hearing for review of
a Zoning Ordinance Amendment to amend certain Sections of the La Quinta
Municipal Code; and, after hearing and considering all testimony and arguments,
did adopt Planning Commission Resolution 2013-001, recommending to the City
Council approval of the proposed Zoning Ordinance Amendment; and,
WHEREAS, the Community Development Department published a public
hearing notice in The Desert Sun newspaper on February 22, 2013 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 City
Council did make the following mandatory findings recommending approval of said
Zoning Ordinance Amendment:
Finding A
The proposed amendment is consistent with the General Plan.
The proposed Zoning Ordinance Amendment is consistent with the goals,
objectives and policies of the General Plan, particularly Goal 2 of the Residential
Goals, Policies and Programs, in that the proposed code revision will facilitate a
broader range of housing types, through greater_ flexibility in siting units on
residential lots and design options for individual homes.
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 2 of 9
Finding B
Approval of the amendment will not create conditions materially detrimental to the
public health, safety and general welfare.
Approval of the proposed Zoning Ordinance Amendment will not create conditions
materially detrimental to the public health, safety and general welfare of the
community or surrounding natural environment in that the proposed change is
procedural in nature and will not result in a change of type or density of land use
allowed by the existing Zoning Ordinance. It will not result in any change to an
existing recreational area or the loss of existing wildlife habitat, nor will it have an
effect on the conditions of the existing surrounding neighborhood or have an
impact inconsistent with the Bermuda Dunes Airport Land Use Compatibility Plan.
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" attached hereto and incorporated herein by
this reference.
SECTION 2. ENVIRONMENTAL.
The Community Development 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 Community Development 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.
SECTION 3. 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 4. EFFECTIVE DATE.
This Ordinance shall take full force and effect and be in force 30 days after its
adoption.
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 3 of 9
SECTION 5. 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 2nd day of April, 2013, by the
following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPA, Ma o
City of La Quinta California
ATTEST:
SLU --
SUSAN MAYSELS, City Clerk
City of La Quinta,- California
(CITY SEAL)
AS TO FORM:
ATHERINE JEN*ON, City Attorney
of La Quinta, California
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 4 of 9
4AXII-311
Amend 9.60.300 Compatibility review for partially developed subdivisions as
follows:
A. Purpose. Residential subdivisions are often developed in phases, either
by the same or different developers or by individual owner -builders.
This section imposes requirements to ensure that units in later phases
of such projects are compatible in design and appearance with those
already constructed.
B. Definition. For purposes of this section, the term "compatible" means
residential buildings which are similar in floor area and harmonious in
architectural style, mass, scale, materials, colors, and overall
appearance.
C. Applicability. This section applies to all second story additions, and
proposed major design deviations, and new residential units which are
different from those originally constructed and/or approved and which
are proposed for construction within a partially developed subdivision,
except for a custom home subdivision, project or phase. Proposed
minor design deviations are not subject to this section. These
requirements are in addition to other applicable regulations in this code.
1. Minor Design Deviation. A minor design deviation can be -
approved by the Community Development Department without a-
public hearing. Minor design deviation means a modification of
an approved architectural unit within a subdivision that involves
items such as, but not limited to, less than ten perceid'e. -ange in '=
square footage of existing constructed or approved units;
columns, dormer vents, window size changes, plant -on locations,
color, and stucco texture changes. The Community Development
Director may refer the minor design deviation to the planning
commission as a business item under the site development permit
process.
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 5 of 9
2. Major Design Deviation. A major design deviation is subject to
the compatibility review for partially developed subdivisions. A
major design deviation means a ten percent or more change in
square footage of existing constructed or approved units; any
exterior architectural modification not defined as a minor design
deviation.
D. Site Development Permit Required. Residential units subject to this
section are subject to approval of a site development permit by the
planning commission per Section 9.210.010. Applications for such
permits shall be filed with the plaRRiRg Community Development
Department on forms prescribed by the director together with: (1) all
maps, plans, documents and other materials required by the director,
and (2) all required fees per Chapter 9.260. The director shall provide
the necessary forms plus written filing instructions specifying all
materials and fees required to any requesting person at no charge.
E. Acceptance of Applications as Complete. Within thirty days of receipt
of a permit application, the director shall determine whether the
application is complete and shall transmit such determination to the
applicant. If the application is determined not to be complete, the
director shall specify in writing those parts of the application which are
incomplete and shall indicate the manner in which they can be made
complete. No application shall be processed until all required materials
have been submitted and the application deemed complete.
F. Public Hearing Required. A public hearing shall be noticed and held per
Section 9.200.110 prior to planning commission approval or denial of
any site development permit consisting of the construction of a total of
five houses within a tract under the compatibility review provisions of
this section. Construction of a total of five or less units shall require
review and approval of the planning commission as a business item.
The plaRRing Community Development Director may require that
additional notice be given by enlarging the notification radius or by
other means determined by the director.
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 6 of 9
G. Precise Development Plan. A site development permit approved under
the compatibility review provisions of this section constitutes a precise
development plan. Therefore, the residential development authorized
under the site development shall be in compliance with the plans,
specifications and conditions of approval shown on and/or attached to
the approved permit.
H. Required Findings. In addition to the findings required for approval of a
site development permit, the following findings shall be made by the
decision -making authority prior to the approval of any site development
permit under the compatibility review provisions of this section:
1. The development standards of subsection I of this section have
been satisfied.
2. The architectural and other design elements of the new
residential unit(s) will be compatible with and not detrimental to
other existing units in the project.
I. Development Standards for Compatibility Review. No residential unit
shall be approved under compatibility review unless the planning
commission determines that it complies with the following development
standards:
1. A two-story house shall not be constructed adjacent to or
abutting a lot line of an existing single -story home constructed in
the same subdivision.
2. If lot fencing has been provided in the subdivision, the new
developer shall provide the same or better type of fencing for the
new dwelling(s), as determined by the planning commission,
including any perimeter subdivision fencing.
3. Proposed single-family dwellings shall be compatible to existing
dwellings in the project or to dwellings which are approved for
construction as shown on the plans and.materials board, unless
otherwise approved by the planning commission, with respect to
the following design elements:
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 7 of 9
a. Architectural material such as roof material,
window treatment and garage door style;
b. Colors;
C. Roof lines;
d. Lot area; and
e. Building mass and scale.
4. At least one specimen tree (i.e., minimum of a 24-inch box size
0.5-inch to 2-inch caliper) and minimum ten -foot tall, measured
from top of box) shall be provided in the front yard and street
side yard with the total number of trees on each lot to be the
same as that provided for on the original units.
6. Residential units with identical, or similar, front elevations shall
not be placed on adjacent lots or directly across the street from
one another.
J. Commission Discretion on Unit Types. The planning commission, in
reviewing dwelling units under this section, may limit the type and the
number of a particular unit to be constructed within a subdivision.
K. Appeals. The applicant or another aggrieved party may appeal
decisions of the planning commission in accordance with the provisions
of Section 9.200.120.
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 8 of 9
unit within
-a
means a Fried6fleatien
of an appFeved
R
ti
aFGh*teGtUFaI
but limited
to, I
subd*yosffion that1
as,
Ordinance No. 509
Zoning Ordinance Amendment 2013-112
Adopted: April 2, 2013
Page 9 of 9
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE 1 ss.
CITY OF LA QUINTA ►
I, SUSAN MAYSELS, 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. 509
which was introduced at a regular meeting on the 19th day of March, 2013 and
was adopted at a regular meeting held on the 2nd day of April, 2013, 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.
SUSAN MAYSELS, City 1jerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on April 3, 2013, pursuant to
Council Resolution.
SUSAN MAYSELS, Cit Clerk
City of La Quinta, California