PC Resolution 2013-005PLANNING COMMISSION RESOLUTION 2013 - 005
AMENDMENTS TO TITLE 9 (ZONING) OF THE LA
QUINTA MUNICIPAL CODE: 1) ESTABLISHING AN
AFFORDABLE HOUSING OVERLAY; 2) ESTABLISHING
USE ALLOWANCES AND STANDARDS FOR EMERGENCY
AND TRANSITIONAL HOUSING; 3) AMENDING
AFFORDABLE HOUSING DENSITY BONUS PROVISIONS;
AND 4) ESTABLISHING PROCEDURES FOR REASONABLE
ACCOMMODATION
CASE NO.: ZONING ORDINANCE AMENDMENT
2013-1 14
APPLICANT: CITY OF LA QUINTA
WHEREAS, the La Quinta City Council adopted the 2035 General Plan
Update on February 19, 2013, to guide development throughout the City, and
maintains a Zoning Ordinance to implement the vision set forth in the General Plan;
and
WHEREAS, said General Plan adoption incorporated the City of La Quinta's
Housing Element, as adopted by the La Quinta City Council on August 2, 201 1;
and
WHEREAS, the La Quinta General Plan's Housing Element includes several
program objectives related to rezoning and zoning code amendment actions
necessary to accommodate state -mandated affordable housing requirements; and
WHEREAS, Section 65860(a) of the California Government Code requires
that zoning be consistent with the adopted local General Plan; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 141h day of May, 2013, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to Title 9 (Zoning) 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 Community
Development Department has determined that the proposed code amendments and
zone changes are exempt from further environmental review under the California
Environmental Quality Act of 1970 (CEQA). An Initial Study was conducted under
Environmental Assessment 2008-599 (SCH #2009091037) for the 2008 Housing
Element Update, and a Negative Declaration was certified by the La Quinta City
Planning Commission Resolution 2013-005
Zoning Ordinance Amendment 2013-1 14
May 14, 2013
Council on August 2, 2011 (Res. #201 1-072). No changed circumstances or
conditions exist which would trigger the preparation of any subsequent
environmental analysis, pursuant to Public Resources Code Section 21 166; and
WHEREAS, a public hearing notice was published in the Desert Sun
newspaper on May 3, 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 LU-1 (Land use
compatibility throughout the City); Goal LU-3 (Safe and identifiable
neighborhoods that provide a sense of place); Policy LU-3.1 (Encourage the
preservation of neighborhood character and assure a consistent and
compatible land use pattern); Goal LU-4 (Maintenance and protection of
existing neighborhoods); and Goal LU-5 (A broad range of housing types and
choices for all residents of the City).
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. The Amendment
supports the construction of housing for all income levels in the City,
meeting building requirements and all development standards of the Zoning
Ordinance. The standards and requirements set forth in the amendment are
therefore established toward ensuring protection of the public health, safety
and general welfare.
3. The Zoning Ordinance Amendment has been determined to be exempt from
the California Environmental Quality Act in that the proposed changes are
within the scope of a previously adopted environmental document
Environmental Assessment 2008-599 (SCH #2009091037).
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the findings
of the Planning Commission in this case.
Planning Commission Resolution 2013-005
Zoning Ordinance Amendment 2013-114
May 14, 2013
SECTION 2. That the Planning Commission does hereby recommend
approval of Zoning Ordinance Amendment 2013-114, 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 this 14t" day of May, 2013, by the following vote:
AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson
Barrows
NOES: None
ABSENT: None
ABSTAIN: None
KATI E BARROW9, Chairwoman
City of La Quinta, California
U
LESOOIIPON, Community Development Director
CA of La Quinta, California
EXHIBIT A - PLANNING COMMISSION RESOLUTION 2013 -005
ZOA 2013 - 114; Incorporation of Certain Amendments to Title 9 (ZONING) of the
La Quinta Municipal Code, to Implement the 2006-2014 Housing Element of the La
Quinta General Plan
Chapter 9.20 ZONING DISTRICTS
9.20.010 Establishment of districts.
The city is divided into the following zoning districts which are consistent with and
implement the general plan:
1 .
RVL
Very Low Density Residential District
2.
RL
Low Density Residential District
3.
RC
Cove Residential District
4.
RM
Medium Density Residential District
5.
RMH
Medium High Density Residential District
6.
RH
High Density Residential District
7.
RSP
Residential Specific Plan Overlay District
8.
RR
Rural Residential Overlay District
9.
VC
Village Commercial District
10.
NR
Nonresidential Overlay District
1 1 .
CR
Regional Commercial District
12.
CP
Commercial Park District
13.
CC
Community Commercial District
14.
CN
Neighborhood Commercial District
15.
CT
Tourist Commercial District
16.
CO
Office Commercial District
17.
MC
Major Community Facilities District
18.
PR
Parks and Recreation District
19.
GC
Golf Course District
20.
OS
Open Space District
21.
FP
Floodplain District
22.
HC
Hillside Conservation Overlay District
23.
SOB
Sexually Oriented Business Overlay
District
24.
EOD
Equestrian Overlay District
25.
AHO
Affordable Housing Overlay District
1
Chapter 9.30 RESIDENTIAL DISTRICTS
9.30.010 Summary of district regulations.
A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each
residential district.
B. Development Standards. Development standards (such as minimum
setbacks and maximum building heights) for each residential district are
summarized in this chapter and set forth in more detail in Chapter 9.50.
C. Supplemental Regulations. Sections containing supplemental
regulations applicable to residential uses are as follows:
9.60.010Purpose and intent
9.60.020Signs and parking
9.60.030Fences and walls
9.60.040Patio covers, decks and play equipment
9.60.050Storage and other accessory buildings
9.60.060Garages and carports
9.60.070Swimming pools
9.60.080Satellite dish and other antennas
9.60.090Second residential units
9.60.100Guesthouses
9.60.1 10Home occupations
9.60.120Pets and other animals
9.60.130Recreational vehicle parking
9.60.140Screening
9.60.1 50Tennis and other game courts
9.60.1600utdoor lighting
9.60.170Special outdoor events
9.60.180Manufactured housing and mobilehomes
9.60.190Family child care facilities
9.60.200Senior citizen housing
9.60.210Construction and guard offices
9.60.220Trash and recyclable materials storage
9.60.230Noise control
9.60.240Landscaping and open area
9.60.250Model home complexes
9.60.260Condominium conversions
9.60.270Density bonuses for affordable housing
9.60.280Bed and breakfast regulations
9.60.290Timeshare regulations
9.60.300Compatibility review for partially
subdivisions
9.60.310Restrictions on multistory buildings
developed
at project
2
boundaries
9.60.320Resort residential
9.60.330Residential tract development review
9.60.340Custom home design guidelines
9.60.350Reasonable Accommodation
9.60.360Emergency Shelters
D. Height Limits Near Major Arterials. Residential buildings located near
major highways are limited in height per Section 9.50.020.
E. Definitions. For purposes of this chapter and this code, the following
definitions shall apply:
1. "Livable floor area" means the interior area of a dwelling unit which
may be occupied for living purposes by humans, including basements and attics (if
permitted), but excluding walls. Livable floor area does not include a garage or any
accessory structure.
2. "Lot coverage" means the cumulative ground floor area of the
structures on a lot expressed as a percentage of the net lot area. For purposes of
this definition, "ground floor area" shall mean all enclosed area within the ground
floor of a structure, including exterior walls and mechanical spaces. Carports,
garages, accessory buildings and parking structures are included in ground floor
area but swimming pools and unenclosed post -supported roofs over patios and
walkways are not included.
3. "Project area" means all of the land area included within a
development project excepting those areas designated for public and private road
rights -of -way, schools, public parks, and other uses or easements which preclude
the use of the land therein as part of the development project. (Ord. 325 § 1 (Exh.
A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.30.070 RH high density residential district.
A. Purpose. To provide for the development and preservation of medium
to high density neighborhoods (twelve to sixteen units per acre; or if the Affordable
Housing Overlay applies, up to twenty-four units per acre when a minimum of 25
percent of units are dedicated to low and very low income affordable housing) with
one- to three-story single-family attached dwellings and one- to three-story
townhome and multifamily dwellings.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards.
Minimum lot size for single-family attached
2000 sq. ft.
Minimum project size for multifamily projects
20,000 sq. ft.
Minimum frontage for multifamily projects
100 ft.
Maximum structure height
40 ft.
Maximum number of stories
3
3
Minimum front yard setback (non -garage portions of20
dwelling)
ft.*
Minimum garage setback for single-family attached
25 ft.'
Minimum interior/exterior side yard setbacks
10/1 5 ft2
Minimum rear yard setback
20 ft.
Maximum lot coverage
60%
Minimum livable floor area excluding garage
750 sq. ft.
Minimum landscape setbacks adjacent to perimeter
streets 3
10' minimum at any point, 20
minimum average over entire
frontage
Minimum common open area'
30%
* Projects with five or more adjacent dwelling units facing the same street
shall incorporate front setbacks varying between 20 feet and 25 feet or more in
order to avoid streetscape monotony.
Twenty feet if "roll -up" type garage door is used.
2 For interior side yards, five feet minimum plus one foot additional setback
for every foot of building height above 28 feet, or fraction thereof, up to a
maximum setback of 15 feet when said height above 17 feet is located between
five and ten feet from said side yard property line. For the RH zone the interior
setbacks, if the building is over 28 feet in height, the setback is ten feet plus one
foot for every foot over 28 feet in height or fraction thereof, to a maximum setback
of 15 feet. The additional setback may be provided entirely at grade level or may
be a combination of at grade and airspace above the 28-foot building height.
3 Per the landscaping and open area standards of Section 9.60.240.
Chapter 9.50 contains additional details and illustrations regarding
development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A)
(part), 1996)
Chapter 9.40 RESIDENTIAL PERMITTED USES
9.40.040 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas
and structures which are permitted within each residential district. The letters in
the columns beneath the district designation mean the following:
"P": Permitted as a principal use within the district.
"A": Permitted only if accessory to the principal residential use on the site.
"C": Permitted if a conditional use permit is approved.
"M": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use
and if a home occupation permit is approved.
"S": Permitted if a specific plan is approved per Section 9.40.030.
4
"X": Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Residential Uses
Single-family
P
P
P
P
P
S
detached dwellings
Single-family
detached patio
S
S
S
S
P
S
homes (i.e., "zero
lot -line")
Duplexes (two units
S
S
S
S
P
P
on the same lot)
Single-family
attached dwellings
(two units per
S
S
X
S
P
P
building with each
unit on its own lot)
Townhome
dwellings (two or
more units per
S
S
X
S
P
P
building with each
unit on its own lot)
Condominium
multifamily
S
S
X
S
P
P
("airspace" units)
Apartment
multifamily (rental
X
X
X
P
P
P
units)
Mobilehome parks
C
C
C
C
C
C
Mobilehome
subdivisions and
manufactured homes
P
P
P
P
P
X
on individual lots,
subject to Section
9.60.180
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Resort residential
subject to Section
C
C
X
C
C
C
9.60.320
Guesthouses,
subject to Section
A
A
A
A
A
A
9.60.100
Second residential
units subject to
A
A
A
A
A
A
Section 9.60.090
Group Living and Care Uses
Child day care
facilities as an
accessory use,
A
A
A
A
A
X
serving 8 or fewer
children, subject to
Section 9.60.190
Child day care
facilities as an
accessory use,
M
M
M
M
M
X
serving 9-14
children, subject to
Section 9.60.190
Congregate living
facilities, 6 or fewer
P
P
P
P
P
X
persons
Congregate care
C
C
C
C
C
C
facility
Residential care
facilities, 6 or fewer
P
P
P
P
P
P
persons
Senior citizen
residences, 6 or
fewer persons,
P
P
P
P
P
P
subject to Section
9.60.200
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Senior group
housing, 7 or more
X
X
X
X
C
C
persons, subject to
Section 9.60.200
Time share facilities,
subject to Section
C
C
C
C
C
C
9.60.280
Bed and breakfast
C
C
C
C
C
C
inns
Supportive Housing
X
X
X
C
C
C
Transitional Housing
X
X
X
C
C
C
Open Space and Recreational Uses
Public parks,
playfields and open
P
P
P
P
P
P
space
Bicycle, equestrian
P
P
P
P
P
P
and hiking trails
Clubhouses and
community
P
P
P
P
P
P
pools/cabanas
Unlighted tennis and
other game courts
on private property,
A
A
A
A
A
A
subject to Section
9.60.150
Lighted tennis and
other game courts
on private property,
M
M
M
C
C
C
subject to Section
9.60.150
Golf courses and
country clubs per
P
P
P
P
P
P
Section 9.110.040
Driving range with or
C
C
X
C
C
C
without lights
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Accessory Uses and Structures
Home occupations,
subject to Section
H
H
H
H
H
H
9.60.1 10
Patio covers, decks,
and gazebos, subject
A
A
A
A
A
A
to Section 9.60.040
Fences and walls,
subject to Section
P
P
P
P
P
P
9.60.030
Satellite dishes and
other antennas
A
A
A
A
A
A
subject to Section
9.60.080
Swimming pools,
spas and cabanas,
A
A
A
A
A
A
subject to Section
9.60.070
Garages and
carports, subject to
A
A
A
A
A
A
Section 9.60.060
Keeping of
household pets,
A
A
A
A
A
A
subject to Section
9.60.120
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
On lots of 1 acre or
more, the
noncommercial
keeping of hoofed
animals, fowl
(except roosters)
and rabbits, subject
to Section
9.60.120. Hoofed
A
A
X
X
X
X
animals include
horses, sheep,
goats, pot bellied
pigs, and similar.
The keeping of
horses is subject to
Section 9.140.060
and limited to one
horse per 2.5 acres.
Other accessory
uses and structures
which are
customarily
associated with and
subordinate to the
A
A
A
A
A
A
principal use on the
premises and are
consistent with the
purpose and intent
of the zoning
district.
Agricultural Uses
Tree crop farming;
P
X
X
X
X
X
greenhouses
Field crop farming
P
C
X
X
X
X
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Produce stands,
subject to Section
P
M
X
X
X
X
9.100.100
Temporary Uses
Garage sales
A
A
A
A
A
A
Construction and
guard offices,
M
M
M
M
M
M
subject to Section
9.60.210
Use of relocatable
M
M
M
M
M
M
building
Model home
complexes and sales
M
M
M
M
M
M
offices, subject to
Section 9.60.250
Special outdoor
events, subject to
M
M
M
M
M
M
Section 9.60.170
Parking of
recreational vehicles,
A
A
A
X
X
X
subject to Section
9.60.130
Other Uses
Churches, temples
and other places of
C
C
C
C
C
C
worship
Museum or gallery
displaying sculpture,
artwork or crafts,
C
C
C
C
C
C
including schools for
above, on 20 acres
or more
10
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
M = Minor use
permit
H = Home
occupation permit
Medium-
S = Specific plan
Very Low
Low
Medium
High
High
required
Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Community
recreational vehicle
X
X
X
P
P
P
storage lots,
noncommercial
Communication
towers and
equipment
C
C
C
C
C
C
(freestanding, new
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted to
M
M
M
M
M
M
existing facility)
subject to Chapter
9.170
Utility substations
M
M
M
M
M
M
and facilities
Public flood control
P
P
P
P
P
P
facilities and devices
Other principal,
accessory or
Director or planning commission to determine whether use is permitted in
temporary uses not
accordance with Section 9.20.040.
listed in this table
(Ord. 492
§ 1,
201 1; Ord. 480 § 1,
2010; Ord. 466 § 1, 2009; Ord. 445 § 1,
2007; Ord.
414
§ 1, 2005; Ord. 394
§ 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A),
1998; Ord.
299
§ 1, 1997; Ord. 284 §
1 (Exh. A), 1996)
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.100 Guesthouses.
11
A. Purpose. This section provides standards and criteria for the
establishment of guesthouses where such units are permitted in accordance
with Section 9.40.040.
B. Definitions. For purposes of this code, the following definitions shall apply:
1. "Guest house" means a detached or attached unit which has sleeping
and sanitary facilities, which may include full bathroom and/or kitchen or
cooking facilities, but no ^^^Linn faGili and which is used primarily for
sleeping purposes by members of the family occupying the main building,
their nonpaying guests, and domestic employees.
2. "Living area" means the interior habitable area of a dwelling unit,
including basements and attics (if permitted) and shall not include a garage
or any accessory structure.
C. Limitations. One guesthouse may be established on any single-family
residential lot as a permitted accessory use. In the cove residential, medium
density residential, medium -high density residential and high density residential
zones, only one guesthouse may be permitted on a lot, unless otherwise
approved through a specific plan. In the very low density residential and low
density residential zones, more than one guesthouse may be permitted with
planning director approval.
D. Standards for Guesthouses. Guesthouses shall not be permitted when
duplexes, triplexes, or apartments occur on the lot. All guesthouses shall
conform to the following standards:
1. Detached guesthouses shall conform to all applicable building code
standards and all development and design standards of the zoning district
in which they are located. In addition, the height of the guesthouse shall
not exceed seventeen feet and shall not be more than one story.
2. Guesthouses shall be architecturally compatible with the main unit.
3. The floor area of the guesthouse shall not exceed thirty percent of the
existing living area of the principal residence.
4. The placement of a guesthouse on a lot shall not result in violation of
the lot coverage maximums set forth in Section 9.50.030.5. TheFe shall
he no Litehen OF eeeking facilities within a ivuestheuse
5. A guesthouse shall be used only by the occupants of the main
residence, their non-paying guests, or domestic employees. The
guesthouse shall not be rented or otherwise occupied separately from the
main residence.
6. A deed restriction shall be required for recordation against the property
to prohibit the use or conversion of the guesthouse to a rental unit or, to a
unit for sale,
7. If a private sewage disposal system is used, approval of the local
health officer shall be required.
8. When constructed with tract homes or prototypical residential units,
guesthouse location and design shall be reviewed and approved as a part
of the site development permit process. On an individual single-family lot
of record, guesthouses shall be reviewed and approved for conformance
with these provisions during the building permit plan check process. (Ord.
12
480 § 1, 2010; Ord. 445 § 3, 2007; Ord. 394 § 2 (Exh. A) (part), 2003;
Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exhs. A, B) (part),
1996)
9.60.270 Density bonuses for affordable housing.
A. Purpose and Application. The purpose of this section is to (1) establish
procedures for implementing state density bonus requirements, as set forth in
California Government Code Section 65915, as amended, (2) increase the
production of affordable housing, consistent with the city's goals, objectives,
and policies and (3) implement the provisions of the city's general plan housing
element policies and programs relating to the provision of affordable housing.
When an applicant seeks a density bonus for a housing development, or for the
donation of land for housing, within the city's jurisdiction, the city shall provide
the applicant incentives or concessions for the production of housing units and
child care facilities as prescribed in this Section 9.60.270.
B. Definitions. The following definitions shall apply to this section:
1. "Affordable housing cost" bears the same meaning as defined in
Section 50052.5 of the California Health and Safety Code.
2. "Affordable housing unit" means a dwelling unit within a housing
development which will be rented or sold to and reserved for very low
income households, lower income households, moderate income
households (where qualified) and/or senior citizens at an affordable
housing cost for the respective group(s) in accordance with Section 65915
of the California Government Code and this section.
3. "Affordable rent" means that level of rent defined in Section 50053 of
the California Health and Safety Code.
4. "Applicant" means a developer or applicant for a density bonus
pursuant to Government Code Section 65915, subdivision (b), of the
California Government Code and subsection C of this section.
5. "Child care facility" means a child day care facility other than a family
day care home, including, but not limited to, infant centers, preschools,
extended day care facilities, and school -age child care centers.
6. "Common interest development" bears the same meaning as defined
in Section 1351 of the California Civil Code.
7. "Density bonus" means a density increase over the otherwise
maximum allowable residential density under the applicable zoning
ordinance and land use element of the general plan as of the date of
application by the applicant to the city.
8. "Development standard" means site or construction conditions that
apply to a housing development pursuant to any ordinance, general plan
element, specific plan, charter amendment, or other local condition, law,
policy, resolution, or regulation.
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9. "Housing development," means one or more groups of projects for
residential units in the planned development of the city. "Housing
development" also includes a subdivision or common interest development,
as defined in Section 1351 of the California Civil Code, approved by the
city and consisting of residential units or unimproved residential lots and
either a project to substantially rehabilitate and convert an existing
commercial building to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivision (d) of Government
Code Section 65863.4, where the result of the rehabilitation would be a
net increase in available residential units.
10. "Lower income households" bears the same meaning as defined in
Section 50079.5 of the California Health and Safety Code.
11. "Maximum allowable residential density" means the density allowed
under applicable zoning ordinances, or if a range of density is permitted,
means the maximum allowable density for the specific zoning range
applicable to the subject project.
12. "Moderate income" or "persons and families of moderate income"
means those middle -income families as defined in Section 50093 of the
California Health and Safety Code.
13. "Qualified mobilehome park" means a mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the California Civil Code.
14. "Senior citizen housing development" means senior citizen housing as
defined in Sections 51.3 and 51.12 of the California Civil Code.
15. "Specific adverse impact" means any adverse impact as defined in
paragraph (2), subdivision (d), of Government Code Section 65589.5,
upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and
for which there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the housing development
unaffordable to low- and moderate -income households.
16. "Very low income households" bears the same meaning as defined in
Section 50105 of the Health and Safety Code.
C. Qualifications for Density Bonus and Incentives and Concessions.
1 . The city shall grant one density bonus as specified in subsection G of
this section, and incentives or concessions as described in subsection E,
when an applicant seeks and agrees to construct a housing development,
excluding any units permitted by the density bonus awarded pursuant to
this section, that will contain at least any one of the following:
a. Ten percent of the total units of the housing development as
affordable housing units affordable to lower income households; or
b. Five percent of the total units of the housing development as
affordable housing units affordable to very low income households; or
C. A senior citizen housing development; or
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d. A qualified mobilehome park; or
e. Ten percent of the total units of a common interest
development as affordable housing units affordable to moderate
income households, provided that all units in the development are
offered to the public for purchase subject to the restrictions specified
in this section.
2. As used in subsection (C►(1) of this section, the term "total units"
does not include units permitted by a density bonus awarded pursuant to
this section or any other local law granting a greater density bonus.
3. Election of Density Bonus Category. Each applicant who requests a
density bonus pursuant to this section shall elect whether the bonus shall
be awarded on the basis of subsection a, b, c, d or a of subsection (C►(1).
Each housing development is entitled to only one density bonus, which
may be selected based on the percentage of either very low affordable
housing units, lower income affordable housing units or moderate income
affordable housing units, or the development's status as a senior citizen
housing development or qualified mobilehome park. Density bonuses from
more than one category may not be combined.
4. Previous Density Bonuses. The density bonus provisions shall not
apply to any parcel or project area which has previously been granted
increased density through a general plan amendment, zone change or other
permit to facilitate affordable housing.
D. Continued Affordability.
1. Prior to the issuance of building permits for any dwelling unit, an
applicant shall enter into a written agreement with the city to ensure and
guarantee the continued affordability of all low -and very low income units
that qualified the applicant for the award of the density bonus for a period
of thirty years or a longer period of time if required by the construction or
mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Rents for affordable housing units for lower
income households shall be set at an affordable rent. Owner -occupied
affordable housing units shall be available at an affordable housing cost.
a. The terms and conditions of the agreement shall run with the
land, shall be binding upon all successors in interest of the applicant,
and shall be recorded in the office of the Riverside County Recorder.
b. The agreement shall also include the following provisions:
i. The applicant shall grant the city the continuing right of refusal
to purchase or lease any or all of the designated units at fair
market value;
ii. The deeds to the designated units shall contain a covenant
stating that the applicant or the applicant's successor in interest
shall not sell, rent, lease, sublet, assign, or otherwise transfer
(whether voluntarily, involuntarily or by operation of law) any
interest in such unit without written approval of the city,
15
confirming that the sales price or lease/rent amount of the unit is
consistent with the limits established for low- and very -low
income households as adjusted by the Consumer Price Index; and
iii. The city shall also have the authority to enter into other
agreements with the applicant or purchases or lessees of the
dwelling units as may be necessary to assume that the designated
dwelling units are continuously occupied by eligible households.
2. Prior to the issuance of building permits for any dwelling unit, an
applicant shall agree to, and the city shall ensure, that the initial occupant
of moderate -income units that are related to the receipt of the density
bonus in a common interest development, are persons and families of
moderate income and that the units are offered at an affordable housing
cost. With respect to moderate -income units in a common interest
development, the city shall require the applicant to enter and shall enforce
an equity -sharing agreement, unless it is in conflict with the requirements
of another public funding source or law. The following shall apply to the
equity -sharing agreement:
a. Upon resale, the seller of the moderate -income unit in a
common interest development unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share
of appreciation. The city shall recapture any initial subsidy and its
proportionate share of appreciation, which shall then be used within
five twee years for any of the purposes that promote homeownership
as described in subdivision (e) of Section 33334.2 of the California
Health and Safety Code.
b. For purposes of this subsection (D)(2), the city's initial subsidy
shall be equal to the fair market value of the moderate -income unit in a
common interest development at the time of initial sale minus the
initial sale price to the moderate -income household, plus the amount
of any down payment assistance or mortgage assistance. If upon
resale the market value is lower than the initial market value, then the
value at the time of the resale shall be used as the initial market value.
C. For purposes of this subsection (D)(2), the city's proportionate
share of appreciation shall be equal to the ratio of the initial subsidy to
the fair market value of the moderate -income unit in a common
interest development at the time of initial sale.
d. The applicant shall grant the city a right of first refusal to
purchase any or all of the designated units at fair market value, which
right of first refusal shall apply to subsequent sellers.
E.Incentives and Concessions.
1. An applicant for a density bonus may also submit to the city a
proposal for specific incentives or concessions in exchange for the
provision of affordable housing units in accordance with this section. The
applicant may also request a meeting with the city to discuss such
16
proposal. The city shall grant the concession or incentive requested by the
applicant unless the city makes a written finding, based upon substantial
evidence, of either of the following:
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to be
set as specified in subsection D of this section (i.e., the applicant is
unable to demonstrate that the waiver or modification is necessary to
make the housing units economically feasible); or
b. The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the Health and Safety Code, upon public health and safety
or the physical environment or on any real property that is listed in the
California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to low- and
moderate -income households.
C. The concession or incentive would be contrary to state or
federal law.
2. If the conditions of subsection C and subsection 1 of this subsection E
are met by an applicant, the city may grant an applicant applying for
incentives or concessions the following number of incentives or
concessions:
a. One incentive or concession for housing developments that
include: At least ten percent of the total units affordable to lower
income households; or at least five percent of the total units
affordable to very low income households; or at least ten percent of
the total units affordable to persons and families of moderate income
in a common interest development.
b. Two incentives or concessions for housing developments that
include: At least twenty percent of the total units affordable to lower
income households; or at least ten percent of the total units affordable
to very low income households; or at least twenty percent of the total
units affordable to persons and families of moderate income in a
common interest development.
C. Three incentives or concessions for housing developments that
include: At least thirty percent of the total units for lower income
households; or at least fifteen percent for very low income
households; or at least thirty percent for persons and families of
moderate income in a common interest development.
3. For the purposes of this section, available concessions or incentives
may include any of the following:
a. A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
17
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the California Health and Safety
Code, including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces that
would otherwise be required that results in identifiable, financially
sufficient, and actual cost reductions.
b. Approval of mixed use zoning in conjunction with the housing
development if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the housing
project and the existing or planned development in the area where the
proposed housing development will be located.
C. Other regulatory incentives or concessions proposed by the
applicant or the city that result in identifiable, financially sufficient,
and actual cost reductions.
d. For purposes of this section, the parking ratios set forth in
Government Code Section 65915 (and subsection K of this section)
for qualified affordable housing projects shall be deemed a concession
or incentive available to the applicant.
4. This subsection does not limit or require the provision of direct
financial incentives for the housing development, including the provision of
publicly -owned land, by the city or the waiver of fees or dedication
requirements. Nor does any provision of this subsection require the city to
grant an incentive or concession found to have a specific adverse impact.
5. The granting of a concession or incentive shall not be interpreted, in
and of itself, to require a general plan amendment, zoning change, or other
discretionary approval.
6. The application and review process for a proposal of incentives and
concessions is set forth in subsection L of this section.
F. Waiver/Modification of Development Standards.
1. Applicants may, by application, seek a waiver, modification or
reduction of development standards that will otherwise preclude or inhibit
the use of density bonus units in a housing development at the densities or
with the concessions or incentives permitted by this section. The applicant
may also request a meeting with the city to discuss such request for
waiver/modification. In order to obtain a waiver/modification of
development standards, the applicant shall show that (a) the waiver or
modification is necessary to make the housing units economically feasible,
and (b) that the development standards will have the effect of precluding
the construction of a housing development meeting the criteria of
subsection (C111), at the densities or with the concessions or incentives
permitted by this section.
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2. Nothing in this subsection shall be interpreted to require the city to
waive, modify or reduce development standards if the wavier, modification
or reduction would have a specific adverse impact.
3. The application and review process for a waiver/modification of
development standards is set forth in subsection L of this section.
4. Waiver or Reduction of Development Standards
a. In no case may the city apply any development standard that
will have the effect of physically precluding the construction of a
development meeting the criteria of subsection C at the densities or with
the concessions or incentives permitted by this section. An applicant may
submit to the city a proposal for the waiver or reduction of development
standards that will have the effect of physically precluding the
construction of a development meeting the criteria of subsection C at the
densities or with the concessions or incentives permitted under this
section, and may request a meeting with the city. If a court finds that the
refusal to grant a waiver or reduction of development standards is in
violation of this section, the court shall award the plaintiff reasonable
attorney's fees and costs of suit. Nothing in this subdivision shall be
interpreted to require the city to waive or reduce development standards if
the waiver or reduction would have a specific, adverse impact, as defined
in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety,
or the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this
subdivision shall be interpreted to require the city to waive or reduce
development standards that would have an adverse impact on any real
property that is listed in the California Register of Historical Resources, or
to grant any waiver or reduction that would be contrary to state or federal
law.
b. A proposal for the waiver or reduction of development
standards pursuant to this subdivision shall neither reduce nor increase the
number of incentives or concessions to which the applicant is entitled
pursuant to subsection C.
G. Specified Density Bonus Percentages. Only housing developments
consisting of five or more dwelling units are eligible for the density bonus
percentages provided by this subsection. The amount of density bonus to
which the applicant is entitled shall vary according to the amount by which the
percentage of affordable housing units exceeds the percentage established in
subsection (C)(1).
1 . For housing developments meeting the criteria of subsection (C)(1)(a),
the density bonus shall be calculated as follows:
Percentage Low -Income
Units
Percentage Density
Bonus
10
20
19
Percentage Low -Income
Units
Percentage Density
Bonus
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35 (maximum)
2. For housing developments meeting the criteria of subsection (C)(1)(b),
the density bonus shall be calculated as follows:
Percentage Very Low
Income Units
Percentage Density
Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35 (maximum)
3. For housing developments meeting the criteria of subsection (C)(1)(c)
and (d), the density bonus shall be twenty percent.
4. For housing developments meeting the criteria of subsection (C)(1)(e),
the density bonus shall be calculated as follows:
Percentage Moderate
Income Units
Percentage Density
Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
20
Percentage Moderate
Income Units
Percentage Density
Bonus
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35 (maximum)
5. An applicant may elect to accept a lesser percentage of density bonus
than that to which the applicant is entitled under this section. All density
bonus calculations resulting in a fractional number shall be rounded
upwards to the next whole number. The granting of a density bonus shall
not be interpreted, in and of itself, to require a general plan amendment,
zoning change, or other discretionary approval.
6. For the purpose of calculating a density bonus, the residential units do
not have to be based upon individual subdivision maps or parcels. The
density bonus shall be permitted in geographic areas of the housing
development other than the areas where the units for the lower income
households are located.
7. The application and review process for a density bonus as provided by
this section is set forth in subsection L of this section.
H. Land Donation. When a developer of a housing development donates
land to the city as provided for in this subsection, the applicant shall be
entitled to a fifteen percent increase above the otherwise maximum allowable
residential density under the applicable zoning ordinance and land use element
of the general plan for the entire housing development, as follows:
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Percentage Very Low
Income Units
Percentage Density
Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35 (maximum)
This increase shall be in addition to any increase in density mandated by
subsection C, up to a maximum combined mandated density increase of thirty-
five percent, if an applicant seeks both the increase required pursuant to this
subsection and subsection C. All density calculations resulting in fractional
units shall be rounded up to the next whole number. Nothing in this subsection
shall be construed to enlarge or diminish the city's authority to require an
applicant to donate land as a condition of development.
1 . An applicant shall be eligible for the increased density bonus described
in this section if the city is able to make all the following findings:
a. The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
b. The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
ten percent of the number of residential units of the proposed
development.
C. The transferred land is at least one acre in size or of sufficient
size to permit development of at least forty units, has the appropriate
22
general plan designation, is appropriately zoned for development as
affordable housing, and is or will be served by adequate public
facilities and infrastructure. The land shall have appropriate zoning and
development standards to make the development of the affordable
units feasible. No later than the date of approval of the final
subdivision map, parcel map, or development application for the
housing development, the transferred land shall have all of the permits
and approvals, other than building permits, necessary for the
development of very low income housing units on the transferred land,
except that the city may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i) of
Government Code Section 65583.2 if the design is not reviewed by
the local government prior to the time of transfer.
d. The transferred land and the very low income units constructed
on the land will be subject to a deed restriction ensuring continued
affordability of the units consistent with this section, which restriction
will be recorded on the property at the time of dedication.
e. The land is transferred to the city or to a housing developer
approved by the city. The city may require the applicant to identify
and transfer the land to such city -approved developer.
f. The transferred land shall be within the boundary of the
proposed development or, if the city agrees in writing, within one -
quarter mile of the boundary of the proposed development.
g. A proposed source of funding for the very low income units
shall be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development application.
2. The application and review process for a donation of land and related
density bonus is set forth in subsection L of this section.
Child Care Facilities.
1 . When an applicant proposes to construct a housing development that
includes affordable units as specified in subsection C and includes a child
care facility that will be located on the premises of, as part of, or adjacent
to such housing development, the city shall grant either of the following if
requested by the developer.
a. An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of square
feet in the child care facility.
b. An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the child
care facility.
2. A housing development shall be eligible for the density bonus or
concession described in this subsection if the city, as a condition of
approving the housing development, requires all of the following to occur:
23
a. The child care facility will remain in operation for a period of
time that is as long as or longer than the period of time during which
the affordable housing units are required to remain affordable pursuant
to subsection D.
b. Of the children who attend the child care facility, the
percentage of children of very low income households, lower income
households, or moderate income households shall be equal to or
greater than the percentage of affordable housing units that are
proposed to be affordable to very low income households, lower
income households, or moderate income households.
C. Notwithstanding any requirement of this subsection, the city
shall not be required to provide a density bonus or concession for a
child care facility if it finds, based upon substantial evidence, that the
community already has adequate child care facilities.
3. The application and review process for the provision of child care
facilities and related density bonus or concessions or incentives is set forth
in subsection L of this section.
J. Condominium Conversions. Any developer converting condominiums of a
Housing Development of five units or more who seeks a density bonus, shall
make such application in conjunction with its tract map application pursuant to
the Subdivision Map Act, Section 9.60.260 of this code and consistent with
Government Code Section 65915.5. Any appeal of any concession or incentive
or review by the planning commission or city council shall automatically require
an appeal of the underlying map to that body. An applicant shall be ineligible
for a density bonus or other incentives under this section if the apartments
proposed for conversion constitute a housing development for which a density
bonus or other incentives were provided under Government Code Section
65915.
K.By-Right Parking Incentives. Housing developments meeting any of the
criteria of subsection (C)(1), shall be granted the following maximum parking
ratios, inclusive of handicapped and guest parking, which shall apply to the
entire development, not just the restricted affordable units, when requested by
a developer:
1 . Zero to one bedroom dwelling unit: one onsite parking space;
2. Two to three bedrooms dwelling unit: two onsite parking spaces;
3. Four or more bedrooms: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it
shall be rounded up to the next whole number. For purposes of this
subsection, a development may provide "onsite parking" through tandem
parking or uncovered parking, but not through on -street parking.
L. Application and Review Procedures.
1. A written application for a density bonus, incentive, concession,
waiver, or modification pursuant to this section shall be submitted with the
first application that is submitted for approval of a housing development
24
and processed concurrently with all other applications required for the
housing development. Notwithstanding any other requirements, affordable
housing projects processed under this section shall require approval of a
conditional use permit, subject to the requirements of Government Code
Section 65589.5(d). The application shall be submitted on a form
prescribed by the city and shall include at least the following information:
a. Site plan showing total number of units, number and location of
affordable housing units, and number and location of proposed density
bonus units.
b. Level of affordability of affordable housing units and proposals
for ensuring affordability.
C. A specific description of any requested incentives, concessions,
waivers or modifications of development standards, or modified
parking standards. The application shall include evidence that the
requested incentives and concessions are required for the provision of
affordable housing costs and/or affordable rents, as well as evidence
relating to any other factual findings required under subsection E.
d. If a density bonus or concession is requested in connection with
a land donation, the application shall show the location of the land to
be dedicated and provide evidence that each of the findings included
in subsection H can be made.
e. If a density bonus or concession/incentive is requested for a
childcare facility, the application shall show the location and square
footage of the child care facilities and provide evidence that each of
the findings included subsection I can be made.
2. An application for a density bonus, incentive or concession pursuant
to this section shall be considered by and acted upon by the approval body
with authority to approve the housing development and subject to the
same administrative appeal procedure, if any. In accordance with state
law, neither the granting of a concession, incentive, waiver, or
modification nor the granting of a density bonus shall be interpreted, in
and of itself, to require a general plan amendment, zoning change,
variance, or other discretionary approval.
3. For housing developments requesting a waiver, modification or
reduction of a development standard, an application pursuant to this
subdivision shall be heard by the planning commission. A public hearing
shall be held by the planning commission and the commission shall issue a
determination. Pursuant to Government Code Section 65915, the planning
commission shall approve the requested waiver/modification or reduction
of development standards, unless one of the following conditions applies:
a. The waiver/modification is not required to make the proposed
affordable housing units feasible; or
b. The waiver/modification will have a specific adverse impact.
25
The decision of the planning commission may be appealed to the city
council in the manner provided in Section 9.200.120 of the La Quinta
Municipal Code.
4. Notice of any city determination pursuant to this section shall be
provided to the same extent as required for the underlying development
approval. (Ord. 451 § 1, 2008: Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.350 Reasonable Accommodation
A. Purpose and intent.
1. To establish a procedure for requesting reasonable accommodation for
persons with disabilities in the application of land use, zoning and building
policies and practices.
2. To fully comply with the intent and purpose of the federal Fair Housing
Act and California Employment and Housing Act.
3. The City encourages the development community to coordinate with
property owners to incorporate interior residential design modifications for
people requiring special adaptations, when requested by the property
owner. Such modifications may include wider interior doorways, zero -
entry showers, and lowered kitchen countertops that enhance
accessibility.
B. Applicability. This section applies to persons with disabilities, their
representatives, and developers of housing for individuals with disabilities
who seek equal access to housing under fair housing laws and flexibility in
the application of relevant regulations, policies, practices, and procedures.
C. Definitions.
"Reasonable accommodation" means the process of providing flexibility in
the application of land use, zoning, and building regulations, practices, and
procedures to eliminate barriers to housing opportunities for persons with
rlieahilitiac
"Person with a disabilitv" is a Derson with a Dhvsical or mental impairment
that limits or substantially limits one or more major life activities, anyone
who is regarded as having such an impairment, or anyone who has a record
of such an impairment.
D. Submittal Procedure. Any person with a disability, his/her representative, or
developer of housing for individuals with disabilities may request reasonable
accommodation as it pertains to land use, zoning, and building regulations
according to the following parameters:
1. A written request shall be submitted to the Community Development
Director and shall contain the following information.
a. Applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Property owner(s) name and address;
d. Current use of the property;
26
e. Description of requested accommodation and why it is deemed
necessary;
f. Policv or reaulation for which reasonable accommodation is beina
sought.
2. The City shall provide assistance, if necessary, to ensure that the
reasonable accommodation process is accessible.
3. Information identified as confidential by the applicant shall be
safeguarded and shall not be made available to the public.
4. If the project for which the reasonable accommodation request is being
made requires other discretionary approvals (such as design review,
conditional use permit, zone change, etc.), the applicant shall file the
written reasonable accommodation request in conjunction with the
application for discretionary approval.
E. Review Procedure.
1. If no approvals are being sought other than the request for reasonable
accommodation, the request shall be reviewed by the Community
Development Director or his/her designee, and he/she shall make a
written determination within 45 days of the original request date„ in
accordance with Section 9.60.350(G).
2. If the request for reasonable accommodation is submitted concurrently
with other discretionary land use applications, it shall be reviewed by the
authority reviewing the discretionary application, and the authority shall
make a written determination within 30 days of the original request date,
in accordance with Section 9.60.350(G).
3. The reviewing authority may request additional information from the
applicant, consistent with fair housing laws, if deemed necessary. In this
event, the 30-day review and decision period is stayed until the applicant
responds to the request.
F. Findings and Determination Procedure.
1. The authority's written decision shall grant, grant with modifications, or
deny the request for reasonable accommodation, consistent with fair
housing laws.
2. The findings shall be based on the following considerations:
a. Whether the subject property will be used by an individual with
disabilities protected under fair housing laws;
b. Whether the requested accommodation is necessary to make
housing available to an individual with disabilities protected under
fair housing laws;
c. Whether the requested accommodation would impose undue
financial or administrative burdens on the City;
d. Whether the request for accommodation would require a
fundamental alteration in the nature of a City program or law;
e. Potential impacts on surroundinq land uses;
27
f. Alternative reasonable accommodations that may provide an
equivalent level of benefit;
3. The reviewing authority may impose Conditions of Approval deemed
reasonable and necessary.
4. The reviewing authority's written determination shall give notice of the
applicant's right to appeal.
5. If the reviewing authority fails to render a written decision within the 30-
day time period allotted in Section 9.60.350(F), the request shall be
deemed granted.
6. While a request for reasonable accommodation is pending, all laws and
regulations otherwise applicable to the subject property shall remain in
effect-
G. Appeals Process.
1. The applicant may appeal an adverse decision in writina to the Plannin
Commission within thirty (30) days of the date of the reviewing
authority's written decision.
2. If necessary, the City shall provide assistance in filing an appeal to ensure
that the appeals process is accessible.
9.60.360 Emergency Shelters.
A. Purpose.
1 . To ensure the Zoning Code facilitates emergency shelters under the
Housing Accountability Act (California Government Code Section 65589.5)
and in accordance with the requirements set forth in California Government
Code Section 65583, as amended.
2. To provide zoning, development, and management procedures for
emergency shelters.
3. To implement the City's General Plan Housing Element policies and
programs relatinq to the provision of emergency shelters.
B. Definitions.
"Emergency Shelter" means housing with minimal supportive services for
homeless persons that is limited to occupancy of six months or less by a
homeless person. No individual or household may be denied emergency
shelter because of an inabilitv to Day.
C. Development Standards.
1. The maximum capacity of an emergency shelter shall be 20 beds or
persons.
2. On site management and security shall be provided on a 24 hour/7
day per week basis.
28
3. Residency in an emergency shelter shall be limited to six months or
less per individual.
Chapter 9.70 NONRESIDENTIAL DISTRICTS
9.70.090 MC major community facilities district.
A. Purpose and Intent. To provide for major community facilities such as
government offices, fire and police stations, post offices, public schools, libraries,
community centers, corporate yards and similar uses at locations identified on the
general plan. Emergency shelters are also permitted.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.220 Operational standards.
All uses and developed properties within any nonresidential district shall comply
with the following standards for development, operation and maintenance.
A. Equipment. All ground -mounted mechanical equipment, including
heating and air conditioning units and trash receptacle areas, shall be
completely screened from surrounding properties. Such screening shall consist
of perimeter walls or fencing (if permitted), screen walls, or dense landscaping.
B. Utilities. All utility connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except where
required by utility provider.
C. Electrical Disturbance, Heat and Cold, Glare. No use except a
temporary construction operation shall be permitted which creates changes in
temperature or direct glare, detectable by the human senses without the aid of
instruments, beyond the boundaries of the site. No use shall be permitted
which creates electrical disturbances that affect the operation of any
equipment beyond the boundaries of the lot.
D. Fire and Explosive Hazard. All storage of and activities involving
inflammable and explosive materials shall be provided with adequate safety and
firefighting devices to the specifications of the Uniform Fire Code. All
incineration is prohibited. Smoke detectors shall be installed in all new
construction as required by city code.
E. Radioactivity. In all nonresidential districts, the use of radioactive materials
shall be limited to measuring, gauging and calibration devices, and medical X-
ray diagnostic equipment.
F. Vibration. No use except a temporary construction operation shall be
permitted which generates inherent and recurrent ground vibration perceptible,
without instruments, at the boundary of the lot on which the use is located.
29
G. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access. Buildings should be
designed to minimize energy consumption and should implement the energy
efficiency measures provided in the City's Greenhouse Gas Reduction Plan.
H. Toxic Materials. No land or building shall be used or occupied in any
manner which creates an unhealthful, dangerous, noxious or otherwise
objectionable condition due to the use, storage or proximity to toxic materials.
I. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point
into public sewer, private sewage system, stream, storm drain or into the
ground shall be permitted, except in accordance with the standards approved
by the State Department of Health and/or specified by the sewage utility
provider. No materials or wastes shall be deposited on any property in such
form or manner that they may be transferred off the property by natural causes
or forces, such as wind or rain. Any wastes which could be attractive to
rodents or insects shall be stored outdoors only in closed containers. (Ord. 284
§ 1 (Exh. A) (part), 1996)
Chapter 9.110 SPECIAL PURPOSE DISTRICTS
9.110.010 Summary of district regulations.
A. Purpose. This chapter contains the purpose and intent of each special
purpose district together with a summary of the zoning regulations applicable
to each.
B. Permitted Uses. Chapter 9.120 specifies the land uses allowed in each
nonresidential district.
C. Development Standards. Development standards (such as setbacks
and building heights) for special purpose districts are summarized in this
Chapter 9.110 and in Chapter 9.130.
D. Supplemental Regulations.
1. Special Purpose Supplemental Regulations. Chapter 9.140 contains
supplemental regulations for each special purpose district, such as hillside
conservation regulations, flood hazard reduction requirements and
restrictions on sexually oriented businesses.
2. General Supplemental Regulations. General supplemental regulations
pertaining to special purpose districts shall be the same as those for
nonresidential districts as set forth in Chapter 9.60. Parking shall conform
to Chapter 9.150 and signs to Chapter 9.160. (Ord. 284 § 1 (Exh. A)
(part), 1996)
9.110.020 Types of special purpose districts.
30
A. Base Districts. The PR, GC, OS and FP districts are base districts
designed to provide for park and recreation, golf course and open space land
uses respectively.
B.Overlay Districts. The HC, SOB, and EOD and AHO districts are overlay
districts, i.e., districts to be used only in combination with a base district (such
as the OS open space or CR regional commercial districts) in order to regulate
certain special aspects of land use in the interests of public safety and
protection of surrounding properties. In cases where there is a conflict between
the regulations of an overlay district and its underlying base district, the
overlay district regulations shall control.
C. Overlay Zoning Designations. When an overlay district is used, the
zoning designation shall consist of the base district symbol followed by the
applicable overlay district symbol enclosed in parentheses. For example: CR
(EOD).
D. SOB Overlay District. The SOB sexually oriented business overlay
district shall be used only in combination with the CR regional commercial base
district. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.110.100 AHO Affordable Housing Overlay district.
A. Purpose and Intent.
1. To permit the development of affordable housing at higher densities
within commercial zones and other specified residential sites while
maintaining consistency with underlying base land use designations.
2. To provide increased and enhanced housing opportunities for low and
very low income residents.
3. To accommodate the City's regional housing need.
4. To encourage lot consolidation and maximize the housing potential of
vacant and underutilized sites.
5. To provide mixed use nodes that facilitate reduced vehicle miles and
proximity to services and mass transit, consistent with the City's
Greenhouse Gas Reduction Plan and Transportation Demand Management
principles.
B. Development Standards. Section 9.140.090
C. District Boundaries. The boundaries of the AHO overlay district shall
include the CC, CP, CN, CR, and VC districts, and other sites identified
on the official zoning map.
Chapter 9.120 SPECIAL PURPOSE PERMITTED USES
9.120.010 Development permits required.
31
Table 9-8 of this chapter specifies whether a use or structure is permitted
within a zoning district. However, in most cases development to establish a land
use requires approval of a site development permit and/or other permits as set forth
in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies
those uses and structures which are permitted within each special purpose district.
The letters in the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use
permit is approved.
4. "T": Permitted on a temporary basis if a temporary use permit is
approved.
5. "X": Prohibited in the district.
Table 9-8 Permitted Uses in Special Purpose Districts
P = Permitted use
A = Accessory use
C = Conditional
use permit
District
T = Temporary
use permit
X = Prohibited use
Parks
Golf
Open
Flood-
Hillside
Sexually
Equestrian
Afford -able
Housing
and
Course
Space
plain
Conserv-
Oriented
Overlay
Overlay
Recreatio
ation
Business
n
Overlay
Overlay
Land Use
PR
GC
OS
FP
HC*
SOB*
EOD*
AHO*
Open Space and Recreational Uses
Open space
P
P
P
P
P
P
**
(11
Public parks, lakes
and passive
P
X
P
P
P
X
**
(1)
recreation facilities
Playfields, lighted
P
X
X
X
X
X
**
(1)
or unlighted
—
Bicycle, equestrian
P
X
P
P
P
P
**
(1)
and hiking trails
Libraries and
C
X
X
X
C
X
**
11)
museums
Visitor centers
C
X
C
C
C
X
**
11)
Clubhouses and
community
P
A
X
X
X
X
(1)
pools/cabanas
Tennis courts or
P
A
X
X
X
X
**
(1 )
32
Table 9-8 Permitted Uses in Special Purpose Districts
P = Permitted use
A = Accessory use
C = Conditional
use permit
District
T = Temporary
use permit
X = Prohibited use
Parks
Golf
Open
Flood-
Hillside
Sexually
Equestrian
Afford -able
Housing
and
Course
Space
plain
Conserv-
Oriented
Overlay
Overlay
Recreatio
ation
Business
n
Overlay
Overlay
complexes, public
Tennis clubs or
C
A
X
X
X
X
**
(1)
complexes, private
Golf courses and
country clubs,
including
C
P
X
X
X
X
**
111
clubhouses and
other customary
accessory uses
Golf courses
without above-
ground structures,
C
P
X
P
C
X
**
(1)
including fairways,
greens, tees and
golf -cart paths
Accessory Uses and
Structures
Signs, subject to
A
A
A
A
A
A
**
11 )
Chapter 9.160
Fences and walls,
subject to Section
A
A
A
A
A
A
**
11)
9.100.030
Satellite dish and
other antennas,
A
A
A
A
A
A
**
11 )
subject to Section
9.100.070
Temporary Uses
Temporary outdoor
events, subject to
T
T
T
T
T
T
**
(1)
Section
9.100.040
Other Uses
Single-family
X
X
C
X
C'
X
**
11)
residential
Multifamily
residential,
commercial (except
sexually oriented
X
X
X
X
X
X
**
(1)
businesses), office
or industrial
development
33
Table 9-8 Permitted Uses in Special Purpose Districts
P = Permitted use
A = Accessory use
C = Conditional
use permit
District
T = Temporary
use permit
X = Prohibited use
Parks
Golf
Open
Flood-
Hillside
Sexually
Equestrian
Afford -able
Housing
and
Course
Space
plain
Conserv-
Oriented
Overlay
Overlay
Recreatio
ation
Business
n
Overlay
Overlay
Sexually oriented
businesses, subject
X
X
X
X
X
C
**
111
to Section
9.140.050
Communication
towers and
equipment
C
C
C
C
C'
C
**
111
(freestanding, new
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted
M
M
M
M
M
M
**
11 )
to existing facility)
subject to Chapter
9.170
Electrical
X
X
M
X
M'
X
**
11 )
substations
Water wells and
P
P
P
P
M'
X
* *
11)
pumping stations
Water tanks and
X
M
M
X
M'
X
* *
(1)
reservoirs
Public flood control
facilities and
P
P
P
P
P
P
**
(1)
devices
Other principal,
Director or planning commission to determine whether use is permitted in accordance
accessory or
with Section 9.20.040.
temporary uses not
listed above
* Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140.
* * As permitted in the underlying base district and in Section 9.140.060.
(1) As permitted in the underlying base district and in Section 9.140.090.
' Allowed only if permitted in the underlying base district and only if the additional requirements of the HC
overlay district are met (per Section 9.140.040) and a conditional use permit is approved.
34
(Ord. 492 § 1, 201 1; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS
9.130.010 Table of development standards.
Table 9-9, following, contains standards for development of property within special
purpose districts:
Table 9-9 Special Purpose District
Development Standards
Development Standard
District
PR
GC
OS
FP
HC
SOB
EOD
AHO
Minimum building site
n/a
n/a
n/a
Maximum structure height (ft.)'
28
28
28
* *
* * *
* * *
405
Maximum number of stories
2
2
2
* * *
* * *
45
From
50/5
50/5
50/5
50/5
50/5
Highway 1 1 1
50/50
50/50
0
0
0
0
0
right-of-way
From
perimeter
30
30
30
street ROWs
From all
primary image
corridor
rights -of -way
30/2
30/2
30/2
30/2
30/2
(except Hwy
30/20
30/20
Minimum
0
0
0
0
0
1 1 1) and
perimeter
from all major
building/landscape
setbacks (ft.)', 4
and primary
arterials
From abutting
residential
30
30
30
property or
districts
From abutting
commercial
and other
20
20
20
**
***
***
nonresidential
property or
districts
Minimum setback from interior
property lines within the same
0
0
0
*
project 4
Parking and signs
See Chapter 9.150 and 9.160
Fences and walls
See Section 9.100.030
35
Landscaping and screening
I See Sections 9.100.040 and 9.100.050
* As required for needed flood control structures.
* * As provided in the HC supplemental regulations, Section 9.140.040.
* * * As provided in the underlying base district regulations, subject to the additional requirements of
the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060; AHO, Section 9.14.090.
' Not including basements. Also, notwithstanding above table, the maximum structure height equals
22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or
primary arterials.
2 Landscape setback shall consist of landscaped area within the building setback. Number given is
minimum landscaped setback from the street right-of-way. The remaining building setback may
contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior
landscaping shall be required as a percentage of the net project area as follows: parking areas:
minimum 5 percent; non -parking areas: minimum 5 percent.
3 The following are applicable primary image corridors as identified in the general plan: Washington
Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to
Washington Street).
4 In the AHO, for interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building
height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above
17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in
height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a
maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a
combination of at grade and airspace above the 28-foot building height.
5 Except within 250 feet of any property zoned Very Low Density Residential or Low Density Residential
in which case the maximum height allowance is 32 feet and the maximum number of stories is three
(3).
(Ord. 445 § 4, 2007: Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
9.140.090 AHO Affordable Housing Overlay regulations.
A. Applicability.
1 . The AHO overlay district and the provisions of this section apply to all areas of the
city containing the "AHO" overlay designation on the official zoning map. These
include the CC, CP, NC, RC, and VC commercial zones, and other sites, as designated
on the zoning map. These regulations shall apply in addition to the regulations of the
underlying base district. In case of conflict between the base district and the AHO
regulations, the AHO regulations shall control.
B. Definitions.
1. "Affordable housing unit" means a dwelling unit within a housing development
which will be rented or sold to and reserved for very low income households, low
income households, moderate income households (where qualified) and/or senior
citizens at an affordable housing cost for the respective group(s) in accordance with
Section 65915 of the California Government Code and this section.
C. Permitted Uses.
1 . Anv use Dermitted, either exDressly or by conditional use Dermit. in the underlvin
zone;
36
2. Affordable housing residential units on lots 1 acre or greater in size, including those
that are stand-alone, next to, and/or above non-residential uses.
D. Development Standards, All residential uses.
DEVELOPMENT STANDARDS
AFFORDABLE HOUSING OVERLAY DISTRICT — Residential Uses in Commercial
Zones
Minimum lot size
1 acre
Minimum lot frontage
100 ft.
Maximum structure height
40 ft.5
Maximum number of stories
45
Minimum front yard setback (non -garage portion of dwelling)
20 ft.'•2
Minimum interior/exterior side yard setbacks
10/1 5 ft.2
Minimum rear yard setback
20 ft.
Minimum buffer between residential units and Hwy. 1 1 1 corridor
300 ft.3
Maximum lot coverage
60%
Minimum livable floor area excluding garage
600 s . ft.
Minimum landscape setbacks adjacent to perimeter streets4
10 ft. minimum at any
point, 20 ft. minimum
average over entire
fronta e
Minimum common open area
30%
Projects with 5 or more adjacent dwelling units facing the same street shall incorporate front
setbacks varying between 20 and 25 feet or more in order to avoid streetsca a monotony.
2 For interior yards, 5 ft. minimum plus 1 ft. additional setback for every
foot of building height
above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17
ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet
in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height
or fraction thereof, to
a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or
may be a combination of at grade and airspace above the 28-foot building
height.
3 May be less where residential units are located within mixed use development.
4 Per the landscaping and open sace standards of Section 9.60.240.
5 Except within 250 feet of any propertyzoned Very Low Density Residential or Low Density
Residential in which case the maximum height allowance is 32 feet and
the maximum number of
stories is three (3).
9.280.030 Definition of terms.
"Abandoned" means a structure or use, the development or operation of which has
been ceased or suspended.
"Abutting" or "adjacent" means two or more parcels sharing a common boundary at
one or more points.
"Access/egress" means provision for entering a site from a roadway and exiting a site
onto a roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of which is
subordinate and incidental to the main building or use on the same building site.
"Accessory use" means a land use subordinate and incidental to the principal use on
the same building site.
37
"Actual construction" means the actual placing of construction materials in their
permanent position fastened in a permanent manner except that where a basement is being
excavated, such excavation shall be deemed to be actual construction, or where demolishing
or removal of an existing building or structure has begun, such demolition or removal shall
be deemed to be actual construction, providing in all cases that actual construction work be
diligently carried on until the completion of the entire building or structure involved.
"Administrative office" means a place of business for the rendering of service or
general administration, but not including retail sales.
Adult Business, Adult Entertainment Business or Adult Oriented Business. See
"sexually oriented business," Chapter 5.80 of the municipal code.
Advertising Device or Display. See sign definitions, Section 9.160.120.
"Affordable housing unit" means a dwelling unit within a housing development which
will be rented or sold to and reserved for very low income households, lower income
households, moderate income households (where qualified) and/or senior citizens at an
affordable housing cost for the respective group(s) in accordance with Section 65915 of the
California Government Code and this section.
"Alley" means a secondary means of access to abutting property located at the rear
or side of the property.
"Alteration" means any physical change in the internal or external composition of a
building or other structure.
Animal Hospital or Animal Clinic. See "veterinary clinic."
"Antenna" means a device for transmitting or receiving radio, television, satellite,
microwave or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and used
for occupancy by one family on a rental basis.
"Apartment building or apartment project" means a building or group of buildings in a
single ownership with three or more dwelling units per building and with most or all units
occupied on a rental basis.
Area, Project Net. See "project net area."
"Attached structures" means two or more structures which are physically connected
with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features
or any other structure, fixture or device that exceeds thirty inches in height above the
finished grade.
Attached Dwelling or Attached Residential. See "dwelling, attached."
"Automobile repair specialty shop" means a retail and service place of business
engaged primarily in light repair and sale of goods and services for motor vehicles, including
brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as
major body and paint work, transmission repair, or engine repair are not included in this
definition.
"Automobile service station" means a retail place of business engaged primarily in the
sale of motor fuels and supplying those incidental goods and services which are required in
the day-to-day operation of motor vehicles.
"Automobile wrecking" or "automobile dismantling" means the storage or taking apart
of damaged or wrecked vehicles or the sale of such vehicles or their parts.
"Awning" means a roof -like cover that is attached to and projects from the wall of a
building for the purpose of decoration and/or providing shielding from the elements.
38
"Basement" means a habitable building level which is partly or completely
underground. A basement shall be counted as a building story if more than five feet of the
height of any portion is above adjoining finish grade.
"Bed and breakfast" or "B & B" means an establishment primarily engaged in
providing temporary lodging (i.e., less than thirty days) for the general public with access
provided through a common entrance to guest rooms having no cooking facilities. Meals
may or may not be provided.
"Bedroom" means any habitable room that may be used for sleeping purposes other
than a kitchen, bathroom, hallway, dining room or living room.
"Berm" means a mound or embankment of earth.
Billboard. See sign definitions, Section 9.160.120.
"Boardinghouse" means any building or portion thereof with access provided through
a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on
a monthly basis or longer and meals are provided.
"Buildable area" means the portion of a building site remaining after deducting all
required setbacks and meeting any requirements regarding maximum lot coverage or
minimum open area.
"Building" means an enclosed structure having a roof supported by columns or walls.
"Building height" means the height of a building relative to the surrounding ground
area. Measurement of maximum building height is defined in Sections 9.50.050 and
9.90.010.
Building, Main. "Main building" means the building containing the main or principal
use of the premises.
Building, Relocatable. "Relocatable building" means a building which is not placed on
a permanent foundation and is designed to be movable from one location to another without
the need for a special permit such as that required to move a conventional house.
Relocatable buildings include but are not limited to mobilehomes, construction trailers, and
modular buildings.
"Building site" means a parcel or contiguous parcels of land established in compliance
with the development standards for the applicable zoning district and the city's subdivision
code.
"Building site area" means the horizontal area within a building site expressed in
square feet, acres or other area measurement.
Building Site Coverage. See "lot coverage."
Building Site, Panhandle or Flag. See "lot" definitions.
Building Site, Through. "Through building site" means a building site having frontage
on two parallel or approximately parallel streets. See "through lot."
Business Park. See "industrial park."
"CEQA" means the California Environmental Quality Act.
"Caretaker" means a person who lives on the premises for the purposes of managing,
operating, maintaining or guarding the principal use or uses permitted on the premises.
"Carport" means a roofed structure or a portion of a building which is open on two or
more sides for the parking of automobiles belonging to the occupants of the property.
"Cellar" means a nonhabitable building level which: (1) has more than one-half of its
height below the adjoining finish grade at all points; and (2) has a floor area no more than
one-half that of the floor immediately above. A cellar is not counted as a building story.
39
"Certificate of occupancy" or "certificate of use and occupancy" means a permit
issued by the city prior to occupancy of a structure or the establishment of a land use to
assure that the structure or parcel is ready for occupancy or use and that all ordinance
requirements and project conditions of approval are fulfilled.
"Child day care center" or "preschool" means a child day care facility operated by a
person, corporation or association used primarily for the provision of daytime care, training
or education of children at any location other than their normal place of residence. The
maximum number of children accommodated is determined by state licensing provisions and
city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State Health
and Safety Code, a facility which provides nonmedical care to children under eighteen years
of age in need of personal services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual on less than a twenty -four-hour
basis. Child day care facility includes both child day care centers and child day care homes.
"Child day care home" or "family day care home" means, consistent with Section
1596.78 of the State Health and Safety Code:
1 . "Family day care home" means a home that regularly provides care, protection,
and supervision for fourteen or fewer children, in the provider's own home, for periods of
less than twenty-four 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.
2. "Large family day care home" means a home that provides family day care for
seven to fourteen children, inclusive, including children under the age of ten years who
reside at the home.
3. "Small family day care home" means a home that provides family day care for
eight or fewer children, including children under the age of ten years who reside at the
home.
"City" means the city of La Quinta.
"City council" means the city council of the city of La Quinta.
"Cleaning plant or laundry plant" means a central processing facility for dry cleaning
or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning
and laundry agencies.
Clinic, Medical. "Medical clinic" means an organization of medical doctors providing
physical or mental health service and medical or surgical care of the sick or injured, but not
including inpatient or overnight care.
"Club" means an association of persons for some common purpose, but not including
organizations which provide goods or services and which are customarily carried on as
businesses.
"Code" means this zoning code unless another code, ordinance or law is specified.
"Commercial" means operated or conducted on a frequent basis for the purpose of
financial gain.
Commercial Center. See "shopping center."
"Commercial recreation" means any use or activity where the primary intent is to
provide amusement, pleasure or sport but which is operated for financial gain. It includes
establishments where food and beverages are sold as a secondary or ancillary use, but does
not include restaurants, nightclubs and cocktail lounges.
"Commercial vehicle" means a vehicle customarily used as part of a business for the
transportation of goods or people.
40
"Commission" means the planning commission of the city unless another commission
is indicated.
Community Care Facility. See "residential care facility."
"Community apartment project" means a project in which an undivided interest in the
land is coupled with the right of exclusive occupancy of any apartment located thereon.
Conditional Use Permit. See "use permit."
"Condominium" means, consistent with Section 1351 of the State Civil Code, an
undivided interest in common in a portion of real property coupled with a separate interest in
space in a residential, industrial or commercial building on such real property, such as an
office or store or multifamily dwelling. A condominium may include, in addition, a separate
interest in other portions of such real property.
"Congregate care facility" means a facility providing care on a monthly basis or longer
and which is the primary residence of the people it serves. It provides services to the
residents such as the following: dining, housekeeping, security, medical, transportation and
recreation. Any commercial services provided are for the exclusive use of the occupants of
the facility. Such a facility may be located in more than one building and on contiguous
parcels within the building site.
"Congregate living facility" means a single family residential facility which is licensed
by the state to provide living and treatment facilities on a monthly or longer basis for six or
fewer developmentally disabled persons or six or fewer persons undergoing treatment for
alcohol or drug abuse and which is permitted in single family residences by operation of
state law. (See also "residential care facility.")
"Convalescent home" or "convalescent hospital" means a facility licensed by the
State Department of Health Services which provides bed and ambulatory care for more than
six patients with postoperative convalescent, chronic illness or dietary problems and persons
unable to care for themselves, including persons undergoing psychiatric care and treatment
both as inpatients and outpatients, but not including persons with contagious diseases or
afflictions. A convalescent home may also be known as a nursing home, convalescent
hospital, rest home or home for the aged.
"Conversion project" means an apartment house or multiple or group dwelling which
is existing, under construction or for which building permits have been issued, and which is
proposed for conversion to a residential condominium, community apartment, residential
stock cooperative or planned development.
Corner Lot. See definitions under "lot."
"County" means the county of Riverside unless another county is indicated.
Day Care Center. See "child day care center."
"Decision -making authority" or "decision -making body" means a person or group of
persons charged with making decisions on proposals, applications, or other items brought
before the city.
"Density" means the number of dwelling units per gross acre, unless another area
measurement is specified.
"Detached building or structure" means a building or other structure that does not
have a wall or roof in common with any other building or structure.
"Development" means, on land or in or under water: the placement or erection of any
solid material or structure; discharge or disposal of any dredged material or of any gaseous,
liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any
materials; change in the density or intensity of use of land, including, but not limited to,
41
subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot
splits, except where the land division is brought about in connection with the purchase of
such land by a public agency for public recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction, demolition or alteration of the size
of any structure, including any facility of any private, public or municipal utility; and the
removal or harvesting of major vegetation other than for agricultural purposes.
"Director" or "planning director" means the planning director of the city or the
director's authorized agent or representative.
District. See "zoning district."
District, Nonresidential. See "nonresidential district."
District, Residential. See "residential district."
District, Special Purpose. See "special purpose district."
"Drive-in" or "drive -through" means designed or operated so as to enable persons to
receive a service or purchase or consume goods while remaining within a motor vehicle.
"Driveway" means a vehicular passageway providing access from a public or private
street to a structure or parking area or, in the case of residences, to a garage, carport, or
legal parking space. A driveway is not a street.
"Driveway approach" means a designated area between the curb or traveled way of a
street and the street right-of-way line that provides vehicular access to abutting properties.
When vehicular access to a building site is provided by way of a common driveway, the
driveway approach is the line of intersection where the individual driveway abuts the
common driveway.
"Duplex" means a permanent building containing two dwelling units on a single lot.
"Dwelling" means a building or portion thereof designed and used for residential
occupancy, but not including hotels or motels.
Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one
or more other main dwelling units by means of a roof or interior wall.
Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the
dwelling unit permitted as the principal use of a parcel or building site, either by itself or
with other dwelling units (as in multifamily buildings).
Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or
more dwelling units on a single parcel or building site.
Dwelling, Single -Family. "Single-family dwelling" means one main dwelling unit on a
single parcel or building site.
Dwelling, Single -Family Attached. "Single-family attached dwelling" means a main
dwelling unit attached to one other main dwelling unit by means of a roof and/or interior
wall, with each dwelling unit occupying its own lot.
Dwelling, Single -Family Detached. "Single-family detached dwelling" means a main
dwelling unit not attached to any other main dwelling unit.
Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling
shifted to one side of the lot, i.e., placed on the lot so that one side setback is zero or nearly
zero and the other side setback is larger than if both side setbacks were approximately
equal.
Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached
typically to two or more other main dwelling units by means of a roof and/or interior wall,
with each dwelling unit occupying its own lot.
42
"Dwelling unit" means one or more rooms, including a bathroom and kitchen,
designed and used for occupancy by one family for living and sleeping purposes.
Dwelling Unit, Second. See "second residential unit."
"Easement" means a recorded right or interest in the land of another which entitles
the holder thereof to some use, privilege or benefit in, on, over or under such land.
"Educational institution" means a private or public elementary or secondary school,
college or university qualified to give general academic instruction equivalent to the
standards prescribed by the state board of education.
"Elevation" means the vertical distance above sea level.
"Emergency Shelter" means housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless person. No
individual or household may be denied emergency shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or
kitchen or cooking facilities, WTthOUt 6001(iRg facilities, for the housing of domestic
employees and located upon the same building site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced only
by windows, vents or customary entrances and exits.
"Exception" means a city -approved deviation from a development standard based on
the following types of findings by the decision -making authority:
1. A general finding such as that notwithstanding the exception, the resulting
project will still be consistent with the goals and/or policies underlying the development
standard; and
2. One or more specific findings justifying the particular exception requested.
"Family" means one or more persons occupying one dwelling unit. The word "family"
includes the occupants of congregate living and residential care facilities, as defined herein,
serving six or fewer persons which are permitted or licensed by the state. The word "family"
does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or
motel.
Family Day Care Home. See "child day care home."
Flag. See sign definitions, Section 9.160.120.
Flag Lot or Panhandle Lot. See definitions under "lot."
"Flood" means a general and temporary condition of partial or complete inundation of
land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of
surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused
or precipitated by accumulations of water on or under the ground.
"Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the
official maps provided by the Federal Emergency Management Agency (FEMA) which
delineate the areas of special flood hazard, the risk premium zones and the floodways
applicable to the city.
"Floodplain" means the land area adjacent to a watercourse and other land areas
susceptible to being inundated by water.
"Floodproofing" means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and their contents.
"Floodway" means the channel of a river or other watercourse and that part of the
floodplain reasonably required to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
43
Floor Area, Gross. See "gross floor area."
Floor Area, Livable. See "livable floor area."
"Floor area ratio" means the numerical value obtained by dividing the gross floor area
of all buildings, except parking structures, located on a building site by the building site area.
"Fraternity house" or "sorority house" means a building or portion of a building
occupied by a chapter of a regularly organized college fraternity or sorority officially
recognized by an educational institution.
Freestanding Sign. See sign definitions, Section 9.160.120.
Front Lot Line. See definitions under "lot line."
Gas Station or Service Station. See "automobile service station."
"Garage" means a building or portion of a building used primarily for the parking of
motor vehicles.
"General plan" means the general plan of the city of La Quinta.
"Government code" means the California Government Code.
Grade, Average. "Average grade" means the elevation determined by averaging the
highest and lowest elevations of a parcel, building site or other defined area of land.
Grade, Average Finish. "Average finish grade" means the elevation determined by
averaging the highest and lowest elevations of a parcel, building site or other defined area of
land after final grading.
Grade, Finish. "Finish grade" means the ground elevation at any point after final
grading.
"Grading" means the filling, excavation or other movement of earth for any purpose.
"Granny flat or granny housing" means a secondary dwelling unit which is: (1)
intended for the sole occupancy of one or two adult persons sixty-two years of age or over,
and (2) located on a building site containing an existing single family detached dwelling. The
floor area of an attached granny flat does not exceed thirty percent of the existing floor area
of the primary single family residence and the floor area of a detached granny flat does not
exceed one thousand two hundred square feet. (See also "second residential unit.")
"Grazing" means the act of pasturing livestock on growing grass or other growing
herbage or on dead grass or other dead herbage existing in the place where grown as the
principal sustenance of the livestock so grazed.
"Gross acreage" means the land area, expressed in acres, within a parcel or group of
contiguous parcels minus any right-of-way for arterial highways not including collector
streets. Each acre so determined is a gross acre.
Gross Density. See "density."
"Gross floor area" means the total square footage of all floors of a building, including
the exterior unfinished wall structure but excluding courtyards and other outdoor areas.
Gross Lot or Parcel Area. See "lot area, gross."
"Ground floor area" means all enclosed area within the ground floor of a structure,
including exterior walls and mechanical spaces. Carports, garages, accessory buildings and
parking structures are included in ground floor area but swimming pools and unenclosed
post -supported roofs over patios and walkways are not included.
Ground Sign. See "freestanding sign" in sign definitions, Section 9.160.120.
"Guest house" means a detached unit which has sleeping and sanitary facilities,
which may include full bathroom and/or kitchen or cooking facilities, bl t nO ^^^long faGiIi .
and which is used primarily for sleeping purposes by members of the family occupying the
main building, their nonpaying guests, and domestic employees.
44
Habitable Area. See "livable floor area."
"Habitable room" means any room usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used
only for storage purposes is not a habitable room.
"Hazardous waste" means a waste or combination of wastes which, because of its
quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical,
chemical or infectious characteristics, may: (1) cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or incapacitating reversible illness;
or (2) pose a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Home for the Aged. See "convalescent home."
"Home occupation" means an occupation or activity conducted as an accessory use
within a dwelling unit incidental to the residential use of the property. See Section
9.60.110.
"Hospital" means a facility licensed by the State Department of Health Services
providing clinical, temporary or emergency service of a medical, obstetrical, surgical or
mental health nature to human patients.
"Hotel" means any building or portion thereof with access provided through a
common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly
basis and which has cooking facilities in less than twenty-five percent of the guest rooms.
Identification Sign. See sign definitions, Section 9.160.120.
"Industrial park," "business park" or "office park" means a nonresidential
development wherein the permitted uses are planned, developed, managed and maintained
as a unit, with landscaping, amenities, and common offstreet parking provided to serve all
uses on the property.
"Intensity" means the level of development or activity associated with a land use, as
measured by one or more of the following:
1. The amount of parking required for the use per Chapter 9.150.
2. The operational characteristics of the use such as hours of operation, the
inclusion of dancing or live entertainment as part of the use, or similar characteristics.
3. The floor area occupied by the use.
4. The percentage of the building site occupied by the use or by the structure
containing the use.
Interior Lot Line. See definitions under "lot line."
"Kennel or animal shelter" means any property where four or more dogs are kept or
maintained for any purpose except for treatment at pet grooming services or veterinary
clinics or hospitals.
"Kitchen" means any room all or part of which is designed and/or used for the
cooking or other preparation of food.
Land Use. See "use."
Land Use Intensity. See "intensity."
Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal
of solid waste on land by spreading it in layers, compacting it and covering it daily with soil
or other approved cover material.
Laundry Plant. See "cleaning plant or laundry plant."
45
"Livable floor area" means the interior area of a dwelling unit which may be occupied
for living purposes by humans, including basements and attics (if permitted). Livable floor
area does not include a garage or any accessory structure.
"Live entertainment" means any act, play, revue, pantomime, scene, dance or song,
or any combination of the foregoing performed in person by one or more persons whether or
not they are compensated for their performance.
Living Area. See "livable floor area."
Lodginghouse. See "boardinghouse."
"Lot" means an area of land under one ownership which is identified as a lot or parcel
on a recorded final map, parcel map, record of survey recorded pursuant to an approved
division of land, certificate of compliance, or lot line adjustment. The terms "lot" and
"parcel" are interchangeable for purposes of this code. Types of lots and their definitions are
as follows:
1. "Corner lot" means a lot abutting two streets intersecting at an angle of not
more than one hundred thirty-five degrees. If the angle of intersection is more than one
hundred thirty-five degrees, the lot is an "interior lot."
2. "Flag or panhandle lot" means a lot connected to the street with a narrow
access portion less than forty feet wide and more than twenty feet long and situated so that
another lot is located between the main portion of the flag lot and the street.
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3. "Interior lot" means a lot abutting only one street or abutting two streets which
intersect at an angle greater than one hundred thirty-five degrees.
4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one or
more adjoining lots.
5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of
another lot.
6. "Through lot" means a lot with frontage on two parallel or approximately
parallel streets.
"Lot area" means the horizontal land area within a lot expressed in square feet, acres,
or other area measurement.
"Lot coverage" or "building site coverage" means the cumulative ground floor area of
the structures on a lot expressed as a percentage of the net lot area. For purposes of this
definition, "ground floor area" means all enclosed area within the ground floor of a structure,
including exterior walls and mechanical spaces. Carports, garages, accessory buildings and
46
parking structures are included in ground floor area but swimming pools and unenclosed
post -supported roofs over patios and walkways are not included.
"Lot frontage" means the length of the front lot line.
"Lot line or property line" means any boundary of a lot. The classifications of lot lines
and their definitions are as follows:
1. "Front lot line" means the following:
a. On an interior lot, the line separating the lot from the street;
b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or
approximately equal, the director shall determine the front lot line);
C. On a through lot, the lot line abutting the street providing primary access to the
lot.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means a lot line which does not intersect the front lot line and
which is most distant from and most parallel to the front lot line. In the case of an
irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot
long line parallel to and most distant from the front lot line for the purposes of determining
setbacks and other provisions of this code.
4. "Side lot line" means any lot line which is not a front or rear lot line.
"Lowest floor" means, with regard to flood protection, the lowest floor of the lowest
enclosed area, including a basement or cellar. An unfinished or flood -resistant enclosure,
usable solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor provided that such enclosure is
not built so as to render the structure in violation of the applicable design requirements of
the FP floodplain district, Section 9.140.030.
"Manufactured home" means a residential building transportable in one or more
sections which has been certified under the National Manufactured Housing Construction
and Safety Standards Act of 1974.
"Master plan of arterial highways" means a component of the circulation element of
the city's general plan designating adopted and proposed routes for all commuter,
secondary, primary and major highways within the city.
"Master plan of drainage" means an engineering report outlining the drainage facilities
needed for the proper development of the city.
"Median" means a paved or planted area separating a street or highway into opposite -
direction travel lanes.
Medical Clinic. See "clinic, medical."
"Ministorage facility" means a building containing various size storage compartments
not exceeding five hundred square feet each, wherein each compartment is offered for rent
or lease to the general public for the private storage of materials excluding materials sold at
the facility or delivered directly to customers.
Minor Use Permit. See "use permit."
Mobilehome.See "manufactured home."
"Mobilehome park or mobilehome development" means any area or tract of land used
to accommodate mobilehomes for human habitation, including pads for mobilehomes,
clubhouses, recreation facilities, and other ancillary structures and facilities. The term
includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180.
Modular Home. See "manufactured home."
Monument Sign. See sign definitions, Section 9.160.120.
47
"Motel" means a building or group of buildings containing guest rooms rented on a
weekly basis or less, with cooking facilities in less than twenty-five percent of the guest
rooms and with most or all guest rooms gaining access from an exterior walkway.
Multifamily Dwelling or Residence. See "dwelling, multifamily."
"Net site area" or "net lot area" means the total land area within the boundaries of a
parcel or building site after ultimate street rights -of -way and easements that prohibit the
surface use of the site are deducted.
"Net project area" means all of the land area included within a development project
excepting those areas with before -development slopes of thirty percent or steeper and those
areas designated for public and private road rights -of -way, schools, public parks, and other
uses or easements which preclude the use of the land therein as part of the development
project.
"Noncommercial coach" means a vehicle, with or without motive power, designed
and equipped for human occupancy for classrooms and other nonresidential and
noncommercial uses.
"Nonconforming use" means a land use which was lawful and in conformance with
the applicable zoning ordinances when established but which, due to subsequent ordinance
changes, is not currently permitted in the zoning district in which it is located or is permitted
only upon the approval of a use permit and no use permit has been approved. See Chapter
9.270.
"Nonconforming lot" means a lot or parcel which was lawful and in conformance with
the applicable zoning ordinances when established but which, due to subsequent ordinance
changes, does not conform to the current development standards applicable to the zoning
district in which it is located. See Chapter 9.270.
"Nonconforming structure" means a structure which was lawful and in conformance
with the applicable zoning ordinances when constructed but which, due to subsequent
ordinance changes, does not conform to the current development standards applicable to
the zoning district in which it is located. See Chapter 9.270.
"Nonconformity" means a land use, lot or structure which was lawful when
established or constructed but, due to subsequent ordinance changes, is not in conformance
with this zoning code. The term nonconformity does not include illegal uses, lots, or
structures, i.e., which were not lawful when established or constructed. See Chapter 9.270.
Nursery, Day Care. See "child day care facility."
Nursing Home. See "convalescent home."
Office Park. See "industrial park."
Official Zoning Map. See "zoning map."
"Off -site hazardous waste facility" means any structures, other appurtenances or
improvements on land and all contiguous land serving more than one producer of hazardous
waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of
hazardous waste, including but not limited to:
1 . Incineration facilities (i.e., rotary kiln, fluid bed, etc.);
2. Residual repository (i.e., receiving only residuals from hazardous waste
treatment facilities);
3. Stabilization/solidification facilities;
4. Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6. Transfer/storage facilities.
48
"Open space" means any parcel or area of land or water, public or private, which is
reserved for the purpose of preserving natural resources, for the protection of valuable
environmental features, or for providing outdoor recreation or education. Open space does
not include roads, driveways or parking areas not related to recreational uses, any buildings,
building setback areas or the required space between buildings, or surface utility facilities.
Open Space, Usable. "Usable open space" means open space which is predominately
level (i.e., slopes less than five percent) but which may contain some steeper land (i.e., with
slopes up to twenty percent) which has utility for picnicking or passive recreation activities
and which complements surrounding usable open space. Usable open space is a minimum of
fifteen feet in width and three hundred square feet in area and may include structures and
impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts,
picnic facilities, walkways or bicycle trails.
Outdoor Advertising Sign. See "billboard" in sign definitions, Section 9.160.120.
"Parcel" means an area of land under one ownership which is identified as a lot or
parcel on a recorded final map, parcel map, record of survey recorded pursuant to an
approved division of land, certificate of compliance or lot line adjustment. The terms "lot"
and "parcel" are interchangeable for purposes of this code.
Panhandle Lot or Flag Lot. See definitions under "lot."
"Parking accessway" means a vehicular passageway that provides access and
circulation from a street access point into and through a parking lot to parking aisles and
between parking areas.
"Parking structure" means a structure which is open or enclosed and is used for the
parking of motor vehicles.
"Parkway" means the area of a public street that lies between the curb and the
adjacent property line or physical boundary, such as a fence or wall, which is used for
landscaping and/or passive open space.
Patio Home. See "dwelling, patio home."
"Permitted use" means a land use allowed within a zoning district under this zoning
code and subject to the applicable provisions of this code.
"Person" means any individual, firm, copartnership, joint venture, association, social
club, fraternal organization, company, joint stock association, corporation, estate, trust,
organization, business, receiver, syndicate, public agency, the state of California or its
political subdivisions or instrumentalities, or any other group or combination acting as a unit.
"Person with a disability" is a person with a physical or mental impairment that limits
or substantially limits one or more major life activities, anyone who is regarded as having
such an impairment, or anvone who has a record of such an impairment.
"Planned unit development" means a residential, commercial, office, industrial or
other type of development characterized by comprehensive planning for the entire project,
the clustering of buildings to preserve open space and natural features, and provision for the
maintenance and use of open space and other facilities held in common by the property
owners within the project.
Pole Sign. See sign definitions, Section 9.160.120.
Portable Sign. See sign definitions, Section 9.160.120.
"Precise plan" or "precise plan of development" means the plan or plans for a project,
development or other entitlement approved by the decision -making authority. A precise plan
49
may include site, grading, architecture, landscaping plans and may also include a plan text
describing the project design, development phasing, and other characteristics.
"Precise plan of highway alignment" means a plan, supplementary to the master plan
of arterial highways, which establishes the highway centerline and the ultimate right-of-way
lines and may establish building setback lines.
Primary Residence. See "main dwelling."
"Principal use" means the primary or predominant use of any parcel, building site or
structure.
"Project area" means all of the land area included within a development project
excepting those areas designated for public and private road rights -of -way, schools, public
parks, and other uses or easements which preclude the use of the land therein as part of the
development project. (See also "net project area.")
Projecting Sign. See sign definitions, Section 9.160.120.
"Property line" means a lot line or parcel boundary.
"Public agency" means the United States, the state, the county or any city within the
county, or any political subdivision or agency thereof.
Rear Lot Line. See definitions under "lot line."
"Reasonable accommodation" means the process of providing flexibility in the
application of land use, zoning, and building regulations, practices, and procedures to
eliminate barriers to housina oDDortunities for Dersons with disabilities.
"Recreational vehicle" or "RW means all trailers or any vehicle placed on a trailer such
as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary
habitation, including motorhomes, travel trailers, "5th wheels" and camper shells.
"Recycling" means the process by which waste products are reduced to raw materials
and transformed into new products.
Relocatable Building. See "building, relocatable."
"Residential care facility" or "community care facility" means a residential facility
which is licensed by the state to provide living and treatment facilities on a monthly or
longer basis for six or fewer of the following: wards of the juvenile court, elderly persons,
mentally disordered persons, handicapped persons or dependent and neglected children.
Such a facility is permitted in all types of residences by operation of state law. (See also
"congregate living facility.")
Residential, Multifamily. See "dwelling, multifamily."
Residential, Single -Family. See "dwelling, single-family."
"Restaurant" means any use providing for the preparation, retail sale and consumption
on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee
shops, sandwich shops, ice cream parlors, fast food take-out and drive -through stores, bars,
cocktail lounges and places of business with similar uses. If any seating is provided in
conjunction with a store where there is the preparation and retail sale of food and
beverages, that use shall be classified as a restaurant. The term "restaurant" may include
the licensed sale of alcoholic beverages for consumption on the premises.
Restaurant, Drive -Through. "Drive -through restaurant" means a restaurant with one or
more automobile lanes which allow for the ordering and dispensing of food and beverages to
patrons who remain in their vehicles.
Rest Home. See "convalescent home."
"Retail" means the selling of goods or merchandise directly to the ultimate consumer.
50
"Reverse vending machine" means a machine which accepts recyclable materials,
such as aluminum cans, newspapers, or other materials, from the public and dispenses
money in return.
"Riding and hiking trail" means a trail or way designed for and used by equestrians,
pedestrians and cyclists using nonmotorized bicycles.
"Right-of-way" means the entire width of property used for streets, highways, flood
or drainage works, overhead or underground utilities, or any related improvements.
Roof Sign. See sign definitions, Section 9.160.120.
Roominghouse. See "boardinghouse."
"Satellite dish antenna" means an apparatus capable of receiving communications
from a man-made satellite.
"Scenic highway" means any highway designated a scenic and/or historic highway by
an agency of the city, state or federal government.
"Second residential unit," "second dwelling unit" or "second unit" means a secondary
dwelling unit which is not intended for sale but may be rented and which is located on a
building site containing a preexisting single-family detached dwelling. The floor area of an
attached second unit does not exceed thirty percent of the existing floor area of the primary
single-family residence and the floor area of a detached second unit does not exceed one
thousand two hundred square feet. (See also "granny flat.")
"Section" means a portion of this zoning code beginning immediately after a six- or
seven -digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the
next such six- or seven -digit number. (See also "subsection.")
"Senior citizen" means a person fifty-five years of age or older.
"Senior citizen residence" means a residential care facility which is licensed by the
state to provide living and treatment facilities on a monthly or longer basis for six or fewer
senior citizens.
"Senior group housing" means a residential development which is developed or
substantially renovated for and occupied by seven or more senior citizens. (Includes senior
citizen hotels, retirement hotels and senior citizen apartments.)
"Service" means an act or any result of useful labor which does not in itself produce a
tangible commodity.
Service Station. See "gas station."
"Setback" means the distance that a building or other structure or a parking lot or
other facility must be located from a lot line, property line or other specified boundary.
Sexually Oriented Business. See Chapter 5.80 of the municipal code.
"Shopping center" or "commercial center" means a commercial area or group of
commercial establishments, planned, developed, managed and maintained as a unit, with
common landscaping, amenities, and offstreet parking provided to serve all uses on the
property.
Side Lot Line. See definitions under "lot line."
"Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of
merchandise which is normally displayed indoors at the location of an individual retail
business not located within a shopping center. (See also "special commercial event.")
"Sign" means any medium for visual communication, including but not limited to
words, symbols and illustrations together with all parts, materials, frame and background,
which medium is used or intended to be used to attract attention to, identify, or advertise an
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establishment, product, service, activity or location, or to provide information. Also, see sign
definitions, Section 9.160.130.
Single -Family Dwelling or Residence. See "dwelling, single-family."
"Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility
which is rented on a weekly or longer basis and which provides living and sleeping facilities
for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and
laundry facilities may be shared.
Site. See "building site."
Site Area, Net. See "net project or site area."
Site Coverage. See "building site coverage."
Site Development Permit or Development Permit. See Section 9.210.010.
"Slope" or "slope gradient" means the vertical distance between two points on a
slope divided by the horizontal distance between the same two points, with the result
expressed as a percentage; e.g., "the slope has a twenty percent gradient" (usually used to
describe natural as opposed to manufactured, slopes).
"Slope ratio" means the steepness of a slope expressed as a ratio of horizontal
distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe
manufactured as opposed to natural, slopes).
"Special commercial event" means the temporary outdoor display and sale of
merchandise by two or more tenants within a commercial center, or arts and crafts shows,
fairs, or entertainment events within a commercial center. (See also "sidewalk sale.")
"Specific plan" means a plan consisting of text, maps and other documents and
exhibits regulating development within a defined area of the city, consistent with the general
plan and State Government Code Section 65450 et seq.
"Stock cooperative" means a corporation which is formed primarily for the purpose of
holding title to, either in fee simple or for a term of years, improved real property, if all or
substantially all of the shareholders of such corporation receive a right of exclusive
occupancy in a portion of the real property, title to which is held by the corporation, which
right of occupancy is transferable only concurrently with the transfer of the shares of stock
or membership certificate in the corporation held by the person having such right of
occupancy.
"Storage" means a place where goods, materials, and/or personal property is placed
for more than twenty-four hours.
"Story" means that portion of a building included between the surface of any floor
and the surface of the floor immediately above it or if there is no floor above, then the space
between the floor and the ceiling above it.
"Street" means a public or private vehicular right-of-way other than an alley or
driveway, including both local streets and arterial highways.
"Structure" means anything that is erected or constructed having a fixed location on
the ground or attachment to something on the ground and which extends more than thirty
inches above the finish grade. A mobilehome or relocatable building, except when used as a
temporary use with its weight resting at least partially upon its tires, is a structure for the
purposes of this definition.
"Subsection" means a portion of a section of this zoning code designated by a section
number followed immediately by an upper case letter; for example, subsection 9.10.010A.
(See also "section.")
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"Supportive Housing" means housing with no limit on length of stay, that is occupied
by the target population as defined in subdivision (d) of Section 53260 of the Health and
Safety Code 50675.14(b) and that is linked to onsite or offsite services that assist the
supportive housing resident in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and, when possible, work in the community. ("target
population" includes adults with low income having one or more disabilities, including mental
illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals
eligible for services provided under the Lanterman Developmental Disabilities Services Act
and may, among other populations, include families with children, elderly persons, young
adults aging out of the foster care system, individuals exiting from institutional settings,
veterans, or homeless people.)
"Swimming pool" means an artificial body of water having a depth in excess of
eighteen inches, designed, constructed and used for swimming, dipping or immersion
purposes by humans.
"Temporary use" means a land use established for a specified period of time, which
use is discontinued at the end of such specified time.
Townhome. See "dwelling, townhome."
"Transient basis" means for a continuous period of two weeks or less.
"Transitional Housing" is buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some predetermined
future point in time, which shall be no less than six months.
"Transitional shelter" means a shelter for homeless persons or victims of domestic
abuse which provides accommodations for persons on a transient basis, i.e., for a
continuous period of two weeks or less.
Two -Unit Attached Dwelling. See "dwelling, two -unit attached."
"Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted
precise plan of highway alignment or the street right-of-way shown within the boundary of a
recorded tract map, a recorded parcel map or a recorded planned community development
plan. The latest adopted or recorded document in such cases shall take precedence. If none
of these exist, the ultimate right-of-way is the right-of-way required by the highway
classification as shown in the general plan.
"Use or land use" means the purpose for which a structure or land is occupied,
arranged, designed or intended, or for which either a structure or land is or may be occupied
or maintained.
"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. Uses requiring a
conditional use permit have moderate to significant potential for adverse impacts on
surrounding properties, or residents while uses requiring a minor use permit have low to
moderate potential for adverse impacts on surrounding properties, residents, or businesses.
See Section 9.210.020.
Variance. See Section 9.210.030.
"Vehicular accessway" means a private, nonexclusive vehicular easement affording
access to abutting properties.
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"Veterinary clinic" means a place where animals no larger than the largest breed of
dogs are given medical and surgical treatment, primarily on an outpatient basis, and where
the boarding of animals under treatment is incidental to the principal clinic use.
Wall Sign. See "building -mounted sign" in sign definitions, Section 9.160.120.
"Wing wall" means an architectural feature in excess of six feet in height which is a
continuation of a building wall projecting beyond the exterior walls of a building.
"Yard" means an open space on a parcel of land or building site unobstructed and
unoccupied from the ground upward except for wall projections permitted by this code.
Yards are classified as follows:
1 . Front yard means a yard extending across the full width of the lot between the
front lot line or the ultimate street right-of-way line and a setback line within the lot. The
depth of the front yard is equal to the setback established in the development standards for
the applicable zoning district and is measured along a line drawn at a ninety -degree angle to
whichever of the following results in the greatest setback: the front lot line or its tangent or
the ultimate street right-of-way or its tangent.
TYPE111 OF WORM
2. Rear yard means a yard extending across the full width of the lot between the
rear lot line and a setback line within the lot. The depth of the rear yard is equal to the
setback established in the development standards for the applicable zoning district and is
measured along a line drawn at a ninety -degree angle to whichever of the following results
in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or
its tangent.
3. Side yard means a yard extending from the front setback line to the rear
setback line. The depth of the side yard is equal to the setback established in the
development standards for the applicable zoning district and is measured along a line drawn
at a ninety -degree angle to whichever of the following results in the greatest setback: the
side lot line or its tangent or the ultimate street right-of-way or its tangent.
"Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of
La Quinta Municipal Code, including the official zoning map and other maps and graphics
incorporated in the zoning code text or included therein by reference.
"Zoning district" or "district" means an area of the city designated on the official
zoning map and subject to a uniform set of permitted land uses and development standards.
"Zoning map" or "official zoning map" means a map incorporated into this code by
reference which covers the entire land area of the city and is divided into zoning districts for
the purpose of specifying for each such land area the uses permitted, development
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standards required, and other applicable provisions of this code. (Ord. 489 § 1, 201 1; Ord.
325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
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