PC Resolution 2013-001PLANNING COMMISSION RESOLUTION 2013 - 001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA
QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2013-112; FOR AN
AMENDMENT TO TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL
CODE, AMENDING CHAPTER 9.60.300 (COMPATIBILITY REVIEW FOR
PARTIALLY DEVELOPED SUBDIVISIONS) Tp ALLOW MORE FLEXIBILITY
REGARDING THE REVIEW PROCESS AND DEVELOPMENT STANDARD
COMPLIANCE FOR COMPATIBILITY REVIEW FOR PARTIALLY -
DEVELOPED SUBDIVISIONS
CASE NO.: ZONING ORDINANCE AMENDMENT 2013-112
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quints, 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 as identified by Title of this Resolution; 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 February 1, 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
Planning Commission did make the following mandatory findings recommending
approval of said Zoning Ordinance Amendment, to the City Council:
1. 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.
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, as the amendments do not
Planning Commission Resolution 2013 - 001
Zoning Ordinance Amendment 2013-112
February 12, 2013
incorporate any changes that affect the regulation and/or provision of public
services, utility systems, or other foreseeable health, safety and welfare
considerations.
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 2013-112, as set forth in attached Exhibit "A", 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 12"' day of February, 2013, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
A'
of
Commissioners Alderson, Weber, Wilkinson, and Chairperson Barrows
None
Vice Chairman Wright
None
SON, Planning Director
Quinta
KATIE BARROWS, Chairwoman
City of La Quinta, California
EXHIBIT "A"
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 approvedand 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 percent change 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.
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 planning
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.
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EXHIBIT "A"
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 planning Community Development Director
may require that additional notice be given by enlarging the notification radius or
by other means determined by the director.
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
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EXHIBIT "A"
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:.
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 (1.5-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.
appFeved MhiteOtWal unit within a subdivisieR that 9 nvelves items sush as-,
but not limited to, less than five pereent ehange in squaFe feetage Gf
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EXHIBIT "A"
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