PC Resolution 2018-016PLANNING COMMISSION RESOLUTION 2018 - 016
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL AMEND
SEVERAL CHAPTERS OF TITLES 3, 6, 8, 91 11 AND
13 OF THE LA QUINTA MUNICIPAL CODE TO
STREAMLINE DEVELOPMENT PROCESSES AND
STANDARDS
CASE NUMBER: ZONING ORDINANCE AMENDMENT 2018-000S
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 27th day of November, 2018, hold a duly noticed Public Hearing for
review of a Zoning Ordinance Amendment to amend several chapters 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). The Design and
Development Department has determined that the proposed amendment is
exempt from environmental review pursuant to Section 15061(b)(3), Review for
Exemptions - General Rule, in that it can be seen with certainty that there is no
possibility for this action to have a significant effect on the environment, and
individual development plans will be reviewed under CEQA as they are proposed;
and
WHEREAS, the Design and Development Department published a public
hearing notice for this request in The Desert Sun newspaper on November 16,
2018, 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 desiring to be heard,
said Planning Commission did make the following mandatory findings to
recommend approval of said Zoning Ordinance Amendment to the City Council:
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and policies
of the General Plan. The proposed amendments are supported by Policy
LU-1.2 for land use decisions to be consistent with General Plan policies
and programs and uphold the rights and needs of property owners and the
public; Program LU-3.1.a, to review land use designations for changes in
the community and marketplace; and Policy LU-6.1, to encourage
Planning Commission Resolution 2018-016
Zoning Ordinance Amendment 2018-0005
Applicant: City of La Quinta
Adopted: November 27, 2018
Page 2 of 3
integration of support services at employment centers, including child
care, occupational health, fitness facilities and convenience retail shops.
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The
amendment streamlines the development review process and clarifies
language in the municipal code and does not incorporate any changes that
affect the regulation and/or provision of public services, utility systems, or
other foreseeable health, safety and welfare considerations.
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.
SECTION 2.That the Planning Commission does hereby recommend approval of
Zoning Ordinance Amendment 2018-0005, 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 City of
La Quinta Planning Commission, held on this the 27th day of November, 2018,
by the following vote:
AYES: COMMISSIONERS BETTENCOURT, CALDWELL, CURRIE,
QUILL, WRIGHT AND CHAIRPERSON MCCUNE
NOES: NONE
ABSENT: COMMISSIONER PROCTOR
ABSTAIN: NONE
KE MCCUNE, Chairperson
City o La Quinta, California
Planning Commission Resolution 2018-016
Zoning Ordinance Amendment 2018-0005
Applicant: City of La Quinta
Adopted: November 27, 2018
Page 3 of 3
ATTEST:
DANNY CASTRO, Design and Development Director
City of La Quinta, California
EXHIBIT A
TITLE 3 CHANGES
Chapter 3.25 SHORT-TERM VACATION RENTALS
3.25.050 Short-term vacation rental permit —required
A. The owner is required to obtain a short-tenn vacation rental permit and a business license from
the city before the owner or the owner's authorized agent or representative may rent or advertise a short-term
vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this
chapter.
B. A short-term vacation rental permit and business license shall be required to be renewed on an
annual basis in order to remain valid. Failure to renew a short-term vacation rental permit within thirty (30)
consecutive days of its expiration date will result in the short-term vacation rental permit being terminated. A
new Owner of a short-term vacation rental unit that had been issued a short-term vacation rental permit to a
former owner shall apply for a new short-term vacation rental permit if the new Owner wants to continue to use
the residential dwelling as a short-term vacation rental unit. When an owner or an owner's authorized agent or
representative converts non -bedroom spaces and areas in an existing residential dwelling into additional
bedrooms, the owner shall apply for a new short-term vacation rental permit if the owner wants to continue to
use any of the bedrooms in the residential dwelling as a short-term vacation rental unit.
C. A short-term vacation rental permit and business license shall be valid only for the number of
bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as
a short-term vacation rental unit and shall not exceed the number of bedrooms allowable for the number of
occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable
requirements under federal, state and city codes, including but not limited to the provisions of Section 9.50.100
(or successor provision, as may be amended from time to time) governing "Additional Bedrooms" and all
applicable building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not
issue for, or otherwise authorize the use of, additional bedrooms converted from non -bedroom spaces or areas in
an existing residential dwelling except upon express city approval for the additional bedrooms in compliance
with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and
upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection
B.
D. A short-term vacation rental permit and business license shall not be issued or renewed if the
property, or any building, structure, or use or land use on the property is in violation of this code. The city may
conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or
business license. Code compliance inspections may be billed for full cost recovery at 1 hour for initial inspection
and in 30 minute increments for each follow-up inspection. For purposes of this subsection, a code violation
exists if, at the time of the submittal of an application for a new or renewed short-term vacation rental permit or
business license, the city has commenced administrative proceedings by issuing written communication and/or
official notice to the owner or owner's responsible agent or representative of one or more code violations. For
purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in
Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code.
E. A short-term vacation rental permit and business license shall not be issued or renewed if any
portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year
by the applicable deadline for the reporting and/or remittance of the transient occupancy tax.
F. A short-term vacation rental permit and business license shall not be issued or renewed if the
residential dwelling to be used as a short-term rental unit lacks adequate onsite parking. For purposes of this
subsection, "adequate onsite parking" shall be determined by dividing the total number of occupants
commensurate with the approved number of bedrooms as provided in the table under section 3.25.070 by four,
such that the ratio of the total number of occupants to onsite parking spots does not exceed four to one (4:1). For
example, a residential dwelling with five (5) bedrooms may permissibly host a total number of ten (10) occupants
and therefore requires three (3) onsite parking spots. Pursuant to Section 3.25.070(KR), no more than two (2)
street parking spots may count towards the number of onsite parking spots necessary to meet the "adequate onsite
parking" requirement.
G. An owner or owner's authorized agent or representative who claims not to be operating a short-
term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license
pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or
expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation
rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated
local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental
unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt
and filing by the city of a fully executed declaration of non-use, the owner or owner's authorized agent
representative shall be released from complying with this chapter as long as the property is not used as a short-
term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a
declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed
by the city, the owner or owner's authorized agent or representative wants to use that property as a short-term
vacation rental unit, the owner shall apply for a new short-term vacation rental permit and business license and
fully comply with the requirements of this chapter and the code.
3.25.070 Operational requirements and standard conditions
A. The owner and/or owner's authorized agent or representative shall use reasonably prudent
business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all
applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation
rental unit.
B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which
he/she/they signed a rental agreement for such rental, use and occupancy. No non -permanent improvements to
the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total
number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental
unit may be within the ranges set forth in the table below .The city council may by resolution further restrict
occupancy levels provided those restrictions are within the occupancy ranges set forth below.
Number of Bedrooms
Total of Overnight* Occupants
0 — Studio
2
1
2-4
2
4-6
3
6-8
4
8-10
5
10 - 12
6
12 - 14
7
14
Total Daytime** Occupants (Including
Number of Overnight Occupants)
2-8
2-8
4-8
6-12
8-16
10 - 18
12 - 20
14-20
8 16 16 - 22
9 18 18 - 24
* Overnight (10:01 p.m. — 6:59 a.m.)
** Daytime (7:00 a.m. — 10:00 p.m.)
C. While a short-term vacation rental unit is rented, the owner, the owner's authorized
agent or representative and/or the owner's designated local contact person shall be available twenty-
four hours per day, seven days per week, with the ability to respond to the location within forty-five
(45) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-
term vacation rental unit or their guests.
D. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall use reasonably prudent business practices to ensure that the
occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful
noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation
pertaining to the use and occupancy of the subject short -tern vacation rental unit.
E. Occupants of the short-term vacation rental shall comply with the standards and
regulations for allowable noise at the property in accordance with Section 9.100.210 (or successor
provision, as may be amended from time to time) of this code. No radio receiver, musical instrument,
phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine,
device or equipment that produces or reproduces any sound shall be used outside or be audible from
the outside of any short-term vacation rental unit between the hours of ten p.m. and seven a.m. (10:00
p.m. - 7:00 a.m.) Pacific Standard Time.
F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's
authorized agent or representative shall:
1. Obtain the contact information of the responsible person;
2. Provide a copy of the good neighbor brochure to the responsible person; and require
such responsible person to execute a formal acknowledgement that he or she is legally responsible for
compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws,
rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This
information shall be maintained by the owner or the owner's authorized agent or representative for a period of
three years and be made readily available upon request of any officer of the City responsible for the
enforcement of any provision of this code or an other applicable law, rule or regulation pertaining to the use
and occupancy of the short-term vacation rental unit,
G. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall, upon notification or attempted notification that the responsible
person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable
or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any
applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation
unit, promptly respond within forty-five (45) minutes to immediately halt and prevent a recurrence of
such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the
owner's authorized agent or representative and/or the owner's designated local contact person to respond
to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the
short-term vacation rental within forty-five (45) minutes, shall be subject to all administrative, legal
and equitable remedies available to the city.
H. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall report to the city manager, or designee, the name, violation, date,
and time of disturbance of each person involved in three or more disorderly conduct activities,
disturbances or other violations of any applicable law, rule or regulation pertaining to the use and
occupancy of the subject short-term vacation rental unit.
I. Trash and refuse shall not be left stored within public view, except in proper containers
for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.
The owner, the owner's authorized agent or representative shall use reasonably prudent business
practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and
Disposal) (or successor provision, as may be amended from time to time) of this code.
J. Signs may be posted on the premises to advertise the availability of the short-term
vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended
from time to time) of this code.
K. The owner, authorized agent or representative and/or the owner's designated local
contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor
brochure in a conspicuous place within the short -tern vacation rental unit, and a copy of the good
neighbor brochure shall be provided to each occupant of the subject short -tern vacation rental unit
L. Unless otherwise provided in this chapter, the owner and/or the owner's authorized
agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy
taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080
(or successor provisions, as may be amended from time to time) of this code, which shall be filed
monthly even if the short-term vacation rental unit was not rented during each such month.
M. Guesthouses, detached from the primary residential dwelling on the property, or the
primary residential dwelling on the property, may be rented pursuant to this chapter as long as the
guesthouse and the primary residential dwelling are rented to one party.
N. The owner and/or the owner's authorized agent or representative shall post the current
short-term vacation rental permit number on or in any advertisement that promotes the availability or
existence of a short-term vacation rental unit in. In the instance of audio -only advertising of the same,
the short-term vacation rental permit number shall be read as part of the advertisement.
O. The owner and/or owner's authorized agent or representative shall operate a short-term
vacation rental unit in compliance with any other permits or licenses that apply to the property,
including but not limited to any permit or license needed to operate a special event pursuant to
Section 9.60,170 (or successor provision, as may be amended from time to time) of this code. City may
limit the number of special event permits issued per year on residential dwellings pursuant to
Section 9.60.170 (or successor provision, as may be amended from time to time).
P. The city manager, or designee, shall have the authority to impose additional conditions
on the use of any given short-term vacation rental unit to ensure that any potential secondary effects
unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including but
not limited to a mitigating condition that would require the installation of a noise monitoring device to
keep time -stamped noise level data from the property that will be made available to the city upon city's
reasonable request,
Q. The standard conditions set forth herein may be modified by the city manager, or
designee, upon request of the owner or the owner's authorized agent or representative based on site-
specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation
rental. All requests must be in writing and shall identify how the strict application of the standard
conditions creates an unreasonable hardship to a property such that, if the requirement is not modified,
reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships
identified must relate to physical constraints to the subject site and shall not be self- induced or
economic. Any modifications of the standard conditions shall not further exacerbate an already existing
problem.
R. On -site parking shall be allowed on an approved driveway. earage, and/or carport areas
wily. Recreational vehicles may be parked in accordance with the provisions set Forth in Section
9.00.130 or successor provision, as niay he attended from tiT€Ic to time of this code.
TITLE 6 CHANGES
6.04.050 Containers.
A. Every owner, occupant or person in possession, charge or control of any premises within the city
shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and
intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that
are either (1) provided by, or acceptable to, a franchisee; or (2) approved by the city manager for self -
hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control
of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the
requirements hereof for the collection, accumulation or storage of solid waste.
B. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-
of-way for collection service more than twenty-four hours prior to the normal collection time, and all
containers so placed shall be removed from the street or right-of-way within twelve hours after collection.
C. Container lids shall remain closed at all times that the container is unattended. If the solid waste
contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container,
then a larger container or multiple containers must be utilized. Any solid waste that does not reasonably
fit within a container (such as furniture or other large bulky items) must be covered and protected, as by a
tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as
wind or animals. The owner, tenant, occupant and/or person or entity in control of a premises shall be
responsible for the clean-up of any solid waste spilled, dumped or scattered as a result of a container
overflow.
D. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff
box or other container of another person or business. Notwithstanding anything contained herein to the
contrary, the sharing of containers shall be permitted under the following conditions:
1. The owner, property manager or person in charge or control of a premises upon which a
multifamily dwelling exists may arrange for bins, carts, rolloff boxes or other containers for shared use by
the occupants, tenants or persons in possession of the dwelling units on such premises.
2. The occupants of a single commercial building or contiguous and adjacent commercial building
may share a bin, cart, rolloff box or other container for solid waste handling services at a common
location, subject to approval of the city manager, which may be delegated to a franchisee. Approval by
the city manager shall be based upon (a) the type of solid waste generated by each commercial premises;
and (b) the number of containers and frequency of solid waste collection needed to protect the public
health, welfare and safety.
E. Bins and rolloff boxes shall not be located at single-family dwellings or dwelling units within the
RVL, RL and RC zones except for the following purposes:
1. Home improvement and/or temporary cleanup of a vacant lot or dwelling provided that all
applicable permits and licenses have been obtained. In cases where building, permits are riot rec aired far
home i gil2rovernept and/or teingorary cleanu p, bins or rollofl'boxes ma be placed at the dwel I i ng fora
period of one week. Bins or rolloff boxes shall not be in the public right of way;_or
2. Holding special events including, but not limited to, sponsored and permitted cleanup campaigns.
Placement of such containers for the event shall be limited to forty-eight hours prior to the event and
forty-eight hours following the event.
F. It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any
purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such
containers for other uses; or to intentionally damage such containers.
G. All carts as well as containers provided by residents for collection by a franchisee shall be stored
out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical
design of the dwelling does not allow for obscuring containers from public view because of the type of
fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point furthest
from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with
the exterior design of the dwelling.
H. A trash bin enclosure shall be provided to obscure any bin used for solid waste collection from
public view. Such enclosure shall meet the construction, location and access requirements established by
city's planning department. Upon receipt of notification from city to provide an enclosure, the owner of
any property so notified shall have six months to complete construction of the enclosure. A six-month
extension to complete construction of an enclosure may be granted by the planning director and/or the
city council based on individual need, but in no event shall completion of construction of a bin enclosure
exceed one year from the date of receipt of notification to provide an enclosure.
1. No commercial premises nor any premises upon which a multifamily dwelling is located shall be
granted a certificate of occupancy unless and until a bin enclosure meeting the specifications of the
planning department has been constructed. (Ord. 450 § 1, 2008)
TITLE 8 CHANGES
8.03.020 Underground wiring required.
Article 120 of the 2016 California Electrical Code is added to read as follows:
ARTICLE 120
Underground Wiring Required
120.1 Scope. This article covers the general requirements for restricting the installation of above-
ground electrical and other utility components in new construction, and phasing out their use in
existing installations.
120.2 Definitions. See Article 100. For the purposes of this article, the following additional
definitions apply.
Community Antenna Television System (or CATV). A system of antennas, coaxial cables, wires,
wave guides, or other conductors, equipment, or facilities designed, constructed, or used for the
purpose of providing television or FM radio service by cable or through its facilities.
Cost of Replacing. Those costs as computed by the Building Official or his or her designee. In
making said computation, said City Official shall use those tables and figures provided in that
publication entitled "Building Standards," as published by International Code Council, Whittier,
California, and which is current at the time of such computations. Said tables and figures shall apply
to a building which would conform to all City and State Regulations, including the City's Building,
Plumbing, Wiring, Mechanical, Fire Codes and Zoning Regulations, which are effective at the time
of the computation.
Poles, Wires, and Associated Structures. Poles, towers, supports, wires, crossarms, braces,
transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and
appurtenances used in whole or in part for supplying, distributing or transmitting electric energy,
radio signals, television signals, telegraphic signals, CATV services, or any similar associated
services to a building or structure and the occupants thereof, if any. Also referred to collectively in
this article as "utility facilities."
Utility. All persons or entities supplying, transmitting, or distributing electrical energy and service,
radio signals, television signals, telegraphic signals, and providing telephone, electrical, light, radio,
television, telegraphic, and CATV services or any similar associated services by means of poles,
wires, and associated structures.
120.3 Prohibition. Except as provided in Article 120.4, no person shall construct, install, or place
above the surface of the ground any poles, wires, and associated structures, regardless of the use or
proposed use of the structure or building to be served thereby.
120.4 Exceptions. The provisions of this article shall not apply to the following poles, wires, and
associated structures under the circumstances described herein:
(A) Termination Point for Overhead Utility Facilities. Utility facilities constructed, placed,
or installed (referred to herein collectively as "constructed"), or proposed to be constructed
within six feet of the lot line of any real property for which service is being or intended to be
provided by said utility facilities, if the sole purpose of the construction of utility facilities is to
terminate overhead utility facilities. Such utility facilities may be placed at a distance further
than six feet from said lot line to enable a maximum underground run of two hundred feet.
(B) Ground -Mounted Equipment. Ground -mounted transformers, pedestal -mounted terminal
boxes, meter cabinets, concealed ducts, and other appurtenances and associated equipment,
which are part of and necessary for the operation of an underground electrical, communication,
CATV, radio, or telegraphic system.
(C) Temporary Facilities. Utility facilities installed by a utility for temporary purposes,
including, but not limited to, servicing building construction projects for which valid building
permits have been issued by the City, and which uses are being or proposed to be conducted in
compliance with all requirements of this code, the remainder of the California Building
Standards Code, and the La Quinta Municipal Code.
(D) High Voltage Installations. Utility facilities distributing, supplying, and transmitting
electrical energy at 34,000 Volts or greater.
120.5 Initial Obligation. The owner, lessee, tenant, or occupant of a building or structure or the
owner of property proposed to be developed by a building or structure has the initial obligation to
comply with all the requirements of this article, and in performance of said obligation shall make the
necessary arrangements with the appropriate utility for the installation and construction of utility
facilities so that they will be in compliance with the provisions of this article. This section is not
intended to eliminate or limit the obligation of any person, including a utility, to comply at all times
with all provisions of this article, but expresses the intent of the La Quinta city council as to who has
the primary obligation of compliance.
120.6 Waiver. If any person believes that the application of any provision of this article is
impractical and will cause practical difficulties and unnecessary hardship to him or her or the public
in general due to certain topographical conditions, street configurations, permanent constructions.
underground obstacle, soil, water, other natural conditions, or other practical difficulties not listed
which would make the underground installation of utility facilities unreasonable, said person may
apply in writing to the Design and Development Department for a waiver of such provision of this
article. Said application shall be filed with the Design and Development Department and the eity
eauneil—shall eew4der determine completeness of said application no later than thirty (30) days
thereafter. If determined complete, Planning Commission, at whigh time-k shall hear the
Applicant's evidence in support of the application, the comments and recommendations of the
City's employees and officials thereon. It may hear other parties. The ^ity I —Planning
Commission may grant a waiver from all or any provisions of this article after considering a specific
application therefor and after making a finding that the application of the specific provision in
question would be unreasonable, impractical and cause undue hardship to the Applicant or the
general public. If the e4y eaww44—Plarining Commission does grant a waiver, it may impose
reasonable conditions on said grant in the interest of protecting and preserving the public health,
safety and general welfare. The eity eauffe4—Planning Commission shall make its decision on the
application no later than thirty (30) days after it has concluded its consideration thereof. T4e
120.7 Nonconformance: Continuance and Termination.
(A) Nonconformance. Any legally established utility facility not in conformity with the
provision of this article as of the effective date of this ordinance shall be considered
nonconforming.
(B) Nonconforming Utility Facilities Not Relocated. Any nonconforming utility facility may
continue to be used and may be renewed, altered, enlarged, or have additions thereto in its
existing location without any provisions of this article being applicable thereto. However,
when any building or structure to which any nonconforming utility facility provides any
service is enlarged or an addition is made thereto where the cost of replacing said building or
structure including its addition or enlargement exceeds by 50 percent the cost of replacing said
building or structure prior to its enlargement or the addition thereto, all utility facilities that
provide service to such building or structure, as described in the aforesaid clause, shall be
caused to comply with all provisions of this article.
(C) Nonconforming Utility Facilities Relocated. Whenever an existing service is relocated
on nonconforming property, or a new service is established on nonconforming property, any
such relocated or new service shall be caused to comply with all the provisions of this article.
(Ord. 562 § 1, 2017; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013; Ord. 483 § 2, 2010)
10
TITLE 9 CHANGES
9.20.030 Special zoning symbols.
A. Purpose. In some cases, the city may determine that alternate development standards are
required for a particular geographic area other than those set forth in applicable sections of this code
with regard to minimum lot size, setbacks, lot frontage and maximum building height because the
normal standards may not be appropriate for one or more of the following reasons:
1. Unusual topography or other natural features within the area.
2. The need to mitigate development impacts on vulnerable surrounding land uses.
3. The need to ensure adherence to a key general plan goal, objective or policy.
4. Other factors affecting the subject area not generally prevalent in the city.
B. Use of Special Symbols. The city may establish alternate development standards for a particular
geographic area than those set forth for the zoning district covering the area by means of special
zoning symbols. Such alternate development standards shall supersede those in Chapters 9.50, 9.65,
9.90 and 9.130 and shall be specified by means of one or more of the following symbols on the
official zoning map:
1. Lot Size. A number following the district designation and connected by a hyphen shall
designate the minimum lot size. Where the number is greater than one hundred, it shall
indicate the minimum size in square feet; where the number is less than one hundred, it shall
indicate the minimum size in acres.
Example: RM-500 or RL-2
2. Setbacks. A number following the district designation and enclosed by parentheses shall
designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by
a slash (/) and shall be shown in the following order: front/side/rear.
Example: RM (20/5/25)
3. Height, at�d Number of Stories, and Setback . A number shown below and separated by a
line from the district designation shall designate the maximum height of building or structures
in feet and the maximum number of stories, and rear yard setback. Height shall be given first
followed by a "/" and number of stories and another " / " and rear yard setback.
Example: RM _ 28/2
4. Lot Frontage. A number preceding and connected to the district designation by a hyphen
shall designate the minimum lot frontage in feet.
Example: 100-RL
5. Symbols Combined. The preceding symbols may be used in any combination to show
minimum lot size, setbacks, frontage, and maximum height.
Example: 100-RL-2 (20/5/25) - 28/2
C. Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within
the city of La Quinta shall be clearly identified on the official zoning map and referenced in Section
9.50.030, Table of development standards. (Ord. 550 § 1, 2016)
if
Section 9.50.100 Additional Bedrooms
This section provides the following minimum developmental standards applicable to the addition to
an existing single-family dwelling or modification to the floor plan configuration of an existing
single-family dwelling that results in additional bedrooms.
A. Existing single-family dwelling units may not exceed maximum bedrooms as follows:
SINGLE-FAMILY DWELLINGS
LIVABLE AREA INS . FT.
BEDROOMS MAX. NO
2,000 or less
4
2,001-2,850
5
2,851-3,500
6
Greater than 3,500
8
B. The total area of all bedrooms shall not exceed 35% of the total livable area of the
dwelling. The calculation of bedroom area shall not include closets or bathrooms.
C. When as a result of new construction or modification of a single-family dwelling the
number of bedrooms is proposed to equal or exceed four (4), an additional garage space of 10 by 20
feet shall be provided i#'such s i imle-fitin i ly dwellin has existin > garage space loronl y two vehicles.
Access to the additional garage space shall be from existing driveways and not result in new street
curb cuts. Additional garage space may not be re% ired il'applicant can provide evidence of
sufficient off-street parking spaces (e.g., driveway space. carport)to the satisfaction of the Design
and Development Director or his/her designee.
D. Bedrooms added as a result of new construction or modification of a single-family
dwelling shall be used only by the occupants of the main residence, their non-paying guests, or
domestic employees. No additional bedrooms may be rented or used as a short term vacation rental
("STVR") except upon application and issuance of a STVR permit pursuant to Chapter 3.25 of this
code.
9.60.070 Swimming pools.
A. Applicability. The provisions of this section shall apply to any outdoor swimming pool,
whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of
containing water to a depth of eighteen inches or more at any point. For purposes of this section, the
term "pool" means all or any of the foregoing facilities.
B. Standards. Pools are permitted as accessory uses in residential districts subject to the following
requirements:
1. Location. Pools shall be located at least three feet (measured from water's edge) from any
property line. No adjustments to this minimum shall be approved, with the exception of private
gated communities where any property line is adjacent to common open area.
2. Filtering and Heating Equipment. Use of equipment shall comply with the following
requirements:
a. Mechanical pool equipment such as a pump, filter, or heater, may be located within
the front or rear yard areas. The equipment shall be enclosed on at least three sides by a
masonry wall with an open side not visible to the street.
12
b. Mechanical pool equipment may be in an area between the side property line and the
residence provided a five-foot side yard, clear of any permanent obstructions is
maintained between the side yard property line and any mechanical pool equipment.
c. Where there is no side property line wall, mechanical pool equipment may be in a
side yard of five feet or less only if a recorded easement in perpetuity exists for the
subject property to use the adjacent side yard of the abutting property for access and a
minimum five feet distance between the equipment and adjacent obstruction (i.e.,
building wall) is provided.
d. Mechanical pool equipment may be in a side yard of five feet or less if approved [IN'
the Plaiming_Commission ifextenuatingcircumstances exist, there is a three root
clearance of any permanent obstructions, and a Minor LJse Permit is applied for.
Notification shall be provided to property owner(s) adjacent to subject side yard a
minimum often (10) days prior to hearing,
3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the
city's building code Chapter 8.06, state law and other applicable laws and ordinances.
4. Screening shall be provided as required in Section 9.60.140(B)(2). (Ord. 550 § 1, 2016)
9.60.075 Ground mounted mechanical equipment.
Use of equipment shall comply with the following requirements:
A. Ground mounted mechanical equipment such as air conditioner condensing units, water
softeners, etc., may be located within the rear yard areas. For lots of five thousand square feet or
less, said equipment can be in the front yard if there is a wall around the yard, or it is screened by a
masonry wall.
B. Where there is no side yard property line wall, mechanical equipment may be in an area
between the side property line and the residence provided a five-foot side yard, clear of any
permanent obstructions is maintained between the side yard property line and any mechanical
equipment.
C. Mechanical equipment may be in a side yard of five feet or less if: (1) a recorded easement in
perpetuity exists for the subject property to use the adjacent side yard of the abutting property for
access and a minimum five feet distance between the equipment and adjacent obstruction (i.e.,
building wall) is provided; or (2) if approved by the Planning: Commission
through a Minor Use Permit if findings are made that extenuating
circumstances exist. Notification shall he provided to pinperty owner(s) adjacent to subject side
yard a Minimum of ten (10) days prior to hearing. (Ord. 562 § 1, 2017; Ord. 550 § 1, 2016)
9.60.340 Flagpoles
1 lagpvles shall be allowed in all residential toning districts sub to the Following standards:
A. Height of flagpoles shaI I not exceed 20 feet.
B_ Flagpoles are _al_Iowed within the front vard o:3iv. The miniIzIum front ,yard setback for flagpoles
shall be 10 feet.
C. Installation of flagpoles shall require a building_permit.
13
9.90.040 Table of development standards.
Table 9-6 and the illustrations in Section 9.90.050 set forth standards for the development of property
within nonresidential districts. Notwithstanding Table 9-6, different standards shall apply if special
zoning symbols, described in Section 9.20.030, are designated on the official zoning map.
Table 9-6 Nonresidential Development Standards
District
Development Standard
CR
CP
CC
CN
CT
CO
MC
VC
Minimum —Maximum building
n/a
n/a
n/a
1-20
n/a
n/a
n/a
n/a
:site (acres)
Maximum building height (ft.)1, 6,'
50
35
40
35
40
40
40
45
Maximum number of stories
4
2
3
2
3
3
3
n/a
Maximum floor area ratio (FAR)2
.35
.50
.30
.25
.25
.30
n/a
n/a
From Highway I I I
50/50
50/50
50/50
n/a
n/a
n/a
n/a
n/a
:right -of --way'
From all image
corridor rights -of -
Minimum
way' (except Hwy
30/20
30/20
30/20
30/20
30/20
30/20
30/20
n/a
perimeter
111) and from all
building/
major and primary
landscape
arterials
setbacks (in
From all other
ft.)4
1 erimeter street
20/10
20/10
20/10
20/10
20/10
20/10
20/10
n/a
;rights -of -way'
From residential
districts and PR, OS
50/10
50/10
50/10
30/15'
30/15'
30/15'
30/15'
10/0
and GC districts'
Minimum setback from interior
property lines within the same
0
0
0
0
0
0
0
0
pfojeet nonresidential districts
Parking and signs
See Chapters 9.150 and 9.160
Fences and walls
See Section 9.100.030
Landscaping and screening
See Sections 9.100.040 and 9.100.050
Notes:
' All minimum perimeter setbacks shall be increased one foot for every foot in height that building is
above thirty-five feet. Mixed use projects and projects in the Village Build -Out Plan Area are exempt
from this requirement.
z FAR means the gross floor area of all buildings divided by the building site area.
3 See General Plan Exhibit II-4.
14
a 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 five percent; nonparking areas: minimum five percent (also see Section 9.100.050).
s For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20.
6 Not including basements. Also, notwithstanding above table, the maximum structure height equals
twenty-two feet for all buildings within one hundred fifty feet of any general plan image corridor and
major or primary arterials.
' Except in the Village Build -Out Plan Area, where the provisions of Section 9.70.110 shall apply.
(Ord. 553 § 1, 2017; Ord. 550 §1, 2016)
9.100.120 Sidewalk sales and commercial events.
A. Purpose. This section provides regulations for: (1) the temporary outdoor sale of merchandise by
retail businesses, and (2) special outdoor commercial events within shopping centers.
B. Definitions. See Chapter 9.280.
C. Temporary Use Permit Required. Sidewalk sales and special events in commercial centers are
permitted subject to issuance of a temporary use permit and compliance with the following
provisions:
1. Up to six sidewalk sales may occur annually. The applicant shall notify the planning
division a minimum of one week prior to each sidewalk sale. Failure to comply with this
provision could lead to revocation of the temporary use permit.
2. The application for a temporary use permit for a sidewalk sale or a special commercial
event shall include a site plan indicating the location of the temporary uses and demonstrating
maintenance of adequate parking, site circulation and emergency access.
3. A sidewalk sale or a special commercial event may be conducted over a maximum of four
consecutive days and no more than once per month at any location, not to exceed six times per
year. Each special commercial event shall require the approval of a temporary use permit.
Special commercial events which benefit nonprofit organizations can be held more than six
times per year if conducted on sidewalk areas and approved by the director regardless of who
is sponsoring or participating in the event.
4. Adequate and legal pedestrian access shall be maintained around merchandise or displays
placed on a sidewalk or walkway.
5. Adequate vehicle access shall be maintained around merchandise, displays or temporary
structures placed in parking areas.
6. A cash bond or other guarantee shall be posted for removal of the temporary use and
cleanup and restoration of the activity site within seven days of the conclusion of the event.
7. The application shall be reviewed by the fire marshal and the event shall comply with fire
prevention standards and emergency access requirements as approved and enforced by the fire
marshal.
8. Temporary signs may be permitted subject to the provisions of Section 9.160.060
(Permitted temporary signs). (Ord. 550 § 1, 2016). Signs for the event shall 6e allowed as
follows:
15
1. Maximum of one temporary banner per street frontage, not to exceed thirty-two square
feet.
2. Maximum one temporary ortable sign on- or off -site on private property. not to
exceed fifty-five square feet.
3. Post ing_period, locations and related details shall be as approved in the tempora[use
permit for the event.
4. Other signs and advertising devices, such as Nnnants, flags_, A -frame signs, aye
prohibited.
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 minimize vehicle trips and enhance proximity to services
and mass transit, consistent with implementation measures CI-13 and ND-4 of the city's
greenhouse gas reduction plan, as well as transportation demand management principles.
B. Development Standards. See Table 9-9. In addition:
1. Minimum livable floor area excluding garage shall be six hundred square feet.
2. Minimum project distance buffer from Highway I I I shall be three hundred feet.
3. Minimum common area open space shall be thirty percent.
C. District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP, CN,
RE CR, and VC districts and other sites identified on the official zoning map. (Ord. 550 § 1, 2016)
9.140.080 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— CR, 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. See Chapter 9.280.
C. Permitted Uses. See Section 9.120.020.
1. Any use permitted, either expressly or by conditional use permit, in the underlying zone;
2. Affordable housing residential units on lots one 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. See Section 9.130.010. (Ord. 550 § 1, 2016)
16
9.150.040 Parking location and accessibility.
A. Location.
1. Residential Uses. Cars may be parked in the front vards of'residential properties provided
that the area in which the car is parked or stored is a driveway. Pursuant to the driveway
definition in Section 9.280.030. Required parking shall be located on the same parcel as the
residential building which the parking serves, except that such parking may be located on an
adjacent parcel if all of the following conditions are met:
a. The adjacent parcel is and continues to be under the same ownership as that of the
residential building;
b. The parking is on that portion of the parcel where the erection of garages, carports or
shade structures is permitted; and
c. The placement and distribution of required parking spaces are such that for any
dwelling unit, the assigned or reasonably available parking spaces are no further than one
hundred feet by walkway to the entry of that dwelling unit.
2. Nonresidential Uses.
a. Required parking shall be located on the same parcel as the use served, on an adjacent
parcel or on a parcel across an alley. Required parking may also be located across a street
(other than a major or primary arterial) provided a properly designed crosswalk connects
the parking with the use(s) served.
b. Required parking spaces shall be within three hundred feet of the uses served by the
parking and shall be located in a commercial district.
3. Amended Provisions per Specific Plans. Amended provisions relating to parking location,
configuration, and other matters may be imposed in conjunction with a specific plan.
B. Accessibility.
1. All required off-street parking spaces shall be designed, located, constructed and
maintained so as to be fully usable and accessible at all times.
2. Required off-street parking facilities and driveways shall not be used for any purpose
which at any time would preclude the use of the area for the temporary storage of motor
vehicles.
3. Unless otherwise provided by an approved discretionary permit, no owner or tenant shall
lease, rent or otherwise make unavailable to intended users any off-street parking spaces
required by this chapter.
4. Required parking spaces shall not be used for the storage of vehicles unless such storage is
calculated into the required parking formula.
5. No required parking spaces shall be used for the display of vehicles for sale unless part of a
permitted vehicle sales use.
6. If an area of parking is for park -and -ride programs, such area shall be in addition to the
required parking area. If no additional area is provided for such purposes, the owner/operator
of the parking lot shall arrange for part of the parking lot, at peak usage hours, to have
encroaching parking removed by means of tickets and/or towing. (Ord. 550 § 1, 2016)
9.150.080 Parking facility design standards.
A. Parking Layout and Circulation.
17
�. ,
31. No parking space shall be located within three feet of any property line.
32. With the exception of single-family detached, single-family attached and duplex
residential uses, all parking bays shall be bordered by continuous curbs. Individual wheel stops
shall not be permitted in lieu of such curbs.
43. All driveways shall be designed for positive drainage.
-54. Parking bays with ten spaces or more shall connect with other parking bays or drive
aisles or shall provide a turnaround area at the end of the bay.
65. Parking access ways are those driveways that provide ingress or egress from a street to
the parking aisles, and those driveways providing interior circulation between parking aisles.
No parking is permitted on an access way.
36. Joint entry driveways are encouraged and shall be arranged to allow parking lot
maneuvering from one establishment to another without requiring exit to the street. Adjacent
properties shall maintain agreements which permit reciprocal driveway connections across
property lines.
B. Parking Facility Design and Dimensions.
1. Regular Space Dimensions. Regular vehicle spaces shall have the following minimum
dimensions: width, nine feet; length, seventeen feet to curb plus two feet overhang; where
curbs are not provided, a minimum length of nineteen feet is required.
2. Compact Space Dimensions. Compact parking spaces can make up twenty percent of
required parking spaces. Compact vehicle spaces shall have the following minimum
dimensions: width, eight and one-half feet; length, sixteen feet to curb plus one and one-half
feet overhang; where curbs are not provided, a minimum length of seventeen and one-half feet
is required. Compact vehicle spaces shall be clearly marked and distributed throughout the
parking facility.
3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be
widened by two additional feet and/or shall have a backing -out pocket provided.
4. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine feet
wide and twenty-four feet in length to permit room for maneuvering. If a wall or curb in excess
of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in
width. All end spaces confined by a curb shall be thirty feet long.
5. Support Posts. No support posts or other obstructions shall be placed within one and one-
half feet of any parking stall, except that such obstructions are allowed adjacent to the stall
within the first six feet of the front of the stall, including any overhang area (see illustration).
18
POSTS
■
CURB i
ALLOWED
6
IN FIRST 6'
OF STALL
�
�JJ
(INCLUDING
POSTSALLOWE€7
PARKINGOVERHANG)
If MIIN. I r FROM
•
SPACE
OBSTRUCTION -
EDGE OF STALL
FREE ZONE
[3-4-7�_
9P -0.4+4
OPTION
OPTION
W
IBI
X =WIDTH OF POST
Figure 9-10: Limitations on Obstructions Adjacent to Parking Stalls
6. Parking Aisles. Table 9-13 contains minimum dimensions for parking aisles:
Table 9-13 Minimum Parking Aisle Dimensions
Parking Angle (degrees)
One -Way Aisle Width feet
Two -Way Aisle Width feet
0-44
0° =parallel)
14
26
45-54
16
26
55-64
1 18
26
65-79
22
26
80-90
1 26
26
7. Space Marking. All parking spaces in a residential or nonresidential parking lot shall be
clearly marked with white or yellow paint or other easily distinguished material with each
space marking consisting of a double four inch wide hairpin stripe, twelve inches on -center.
8. Residential Garages. Minimum interior dimensions in residential garages (wall-to-wall)
shall be based on providing ten feet in width and twenty feet in depth, per required vehicle
parking space. This applies to design of all required garage parking spaces, whether in a
tandem parking or side -by -side configuration.
C. Fire Lanes. Fire lanes shall be provided as required by the fire department.
D. Pedestrian Circulation.
1. All parking lots shall be designed to provide for the maximum safety and convenience of
pedestrians in their movement to and from the parking area.
19
2. Where possible, landscaped areas shall also contain paved pedestrian walks for the safe
movement of pedestrians.
3. On major driveways, crosswalks and sidewalks shall be provided.
4. Textured surfaces, signs and speed bumps shall be used to keep vehicular speeds low.
E. Loading and Other Service Facilities.
1. Off -Street Loading Requirements. Table 9-14 shows the number and size of loading
berths required to satisfy the standards set forth in this subsection. However, the planning
commission may require more or less loading area if it determines such change to be necessary
to satisfy the purpose set forth in subsection (E)(1)(a) of this section:
Table 9-14 Number of Loading Berths Required by Floor Area
Gross Floor Areas . ft.
Minimum Loading Berths Required
1,000-19 999
1
20,000-79,000
2
80,000-127,999
3
128 000-191,999
4
192,000-255,999
5
256,000-319 999
6
320,000-391,999
7
Each additional 72,000 square feet or fraction
thereof
1 additional berth
a. Each loading berth shall be not less than forty-five feet in length and twelve feet
in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of
not less than fourteen feet.
b. Loading berths may occupy all or any part of any required yard space except
front and exterior side yards and shall not be located closer than fifty feet from any lot in
any residential zone unless enclosed on all sides (except the entrance) by a wall not less
than eight feet in height. In addition, the planning commission may require screening
walls or enclosures for any loading berth if it determines that such screening is necessary
to mitigate the visual impacts of the facility.
C. Off-street loading facilities shall be located on the same site as the use served.
d. No area allocated to loading facilities may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking area be
used to satisfy the area requirements for loading facilities.
e. No loading berth which is provided for the purpose of complying with the
provisions of this section shall hereafter be eliminated, reduced, or converted in any
manner below the requirements established in this title, unless equivalent facilities are
provided elsewhere, conforming to this chapter.
F. Parking Lot Surfacing.
20
1. All parking areas shall be designed and built with positive drainage to an approved
drainage conveyance. No ponding shall be permitted.
2. All parking and maneuvering areas shall be paved with paving blocks or asphaltic or
portland concrete over the appropriate asphaltic base. The structural section of the pavement
and base material shall be commensurate with the anticipated loading and shall be calculated in
accordance with the method promulgated by the California Department of Transportation
(Caltrans).
G. Valet Parking.
1. Valet parking shall be reviewed by the planning commission in conjunction with the site
development permit or other entitlement for the use or separately as a minor use permit per the
procedures of Section 9.210.020.
2. When valet parking is provided, a minimum of twenty-five percent of the required
parking area shall be designated and arranged for self -parking to prevent on -street parking and
blocking of fire lanes.
H. Shopping Cart Storage.
1. Every use which utilizes shopping carts shall provide a shopping cart collection area or
cart racks.
2. Cart racks shall be distributed so that no parking space within the facility is more than
one hundred feet from the nearest cart rack in order to prevent parking spaces from being lost
to the random abandonment of shopping carts.
3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the
shopping carts.
4. If sidewalks adjacent to stores are used for temporary storage of assembled shopping
carts, such sidewalks shall be designed with extra width so that pedestrian flows are not
blocked by shopping carts. The planning commission may also require a screening wall or
landscape screening in front of such a cart storage area.
I. Underground and Decked Parking.
1. The minimum dimensions for underground, decked or covered parking shall be as
required for uncovered surface area parking as specified throughout this section, except
additional minimum dimensions may be required for specific circulation conditions or
structural impediments created by the parking structure.
2. Landscaping shall be incorporated into parking structures to blend them into the
environment. This shall include perimeter grade planting and rooftop landscaping as deemed
appropriate by the planning commission.
3. Parking structures shall be subject to site development permit review in all cases.
4. Multiple -level parking structures shall contain light wells (minimum dimensions: twenty
by twenty), placed at least every two hundred feet. The base elevation of the light well shall be
landscaped.
5. The planning commission may require that upper levels be set back from the level
immediately below in order to minimize the apparent mass of the structure from the street.
J. Lighting of Parking and Loading Areas.
21
1. Illumination of parking and loading areas shall conform to the requirements of this
subsection and Section 9.100.150 (Outdoor lighting).
2. Light standard heights shall be as per manufacturer's recommended photo metrics, but in
no case shall the height exceed the maximum permitted building height of the zone in which it
is situated or eighteen feet (measured from finish grade at the base of the standard), whichever
is greater. Graduated light standard heights within a site with lower heights in peripheral areas
may be required by the planning commission to provide compatibility with adjoining
properties and streets.
3. Average illumination levels at finish grade in parking areas which require lighting shall
be between one and two foot-candles, with a maximum ratio of average light to minimum light
of three to one. Lighting plans shall take into account the placement and growth of landscape
materials.
K. Screening of Parking Areas.
1. Screening Required. Except for single-family detached, single-family attached and
duplex residential, all parking areas shall be screened by means of walls or other materials in
accordance with this subsection.
2. Height. Screening shall be a minimum of three feet high adjacent to public streets or
nonresidential uses and a minimum of six feet high adjacent to residential uses, except that
screening shall not exceed thirty inches high where required for motorist sight distances as
specified in Section 9.100.030.
3. Screening Walls.
a. Wall Materials. Walls shall consist of concrete, stucco, plaster, stone, brick, tile
or similar type of solid material a minimum of six inches thick. Walls shall utilize durable
materials, finishes, and colors consistent with project buildings.
b. Wall Articulation. To avoid visual monotony, long straight stretches of wall or
fence shall be avoided. Walls and fences shall be varied by the use of such design
features as offsets (i.e., jogs), pilasters, open panels (e.g., containing wrought iron),
periodic variations in materials, texture or colors, and similar measures. Screening walls
or fences may also include open portions (tubular steel, wrought iron, etc.) if the city
determines that the desired screening of parking areas and noise attenuation is still
achieved.
C. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of
perimeter walls to add visual softening except where determined infeasible or
unnecessary by the city. Where any parking or driveway abuts a wall on property within a
residential or commercial district, a minimum three and a half foot wide landscaped
planter, with a curb, shall separate the parking area or driveway from the property line,
unless a greater setback is required by any other provisions of this chapter.
4. Other Screening Materials. In addition to walls, if approved by the decision -making
authority, screening may consist of one or a combination of the following materials:
a. Plant Screens and Berms. Plant materials, when used as a screen, shall consist of
compact evergreen plants or landscaped berms (earthen mounds). Such planting shall be
of a kind or used in such a manner so as to provide screening with a minimum thickness
22
of two feet within eighteen months after initial installation. Width of landscape strips and
other landscaping standards shall be in accordance with subsection L of this section.
b. Solid Fences. If permitted in the zoning district, a solid fence shall be constructed
of wood or other materials with a minimum nominal thickness of two inches and shall
form an opaque screen.
C. Open Fences. An open weave or mesh -type fence shall be combined with plant
materials to form an opaque screen.
L. Parking Facility Landscaping.
1. Purpose. Landscaping of parking lots is beneficial to the public welfare in that such
landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert
climate, and enhances the visual environment. Therefore, landscaping shall be incorporated
into the design of all off-street parking areas in accordance with this subsection.
2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be
designed to preserve as many such trees as feasible (in the opinion of the decision -making
authority) in order to make the best use of the existing growth and shade.
3. Screening. Screening of parking areas shall be provided in accordance with subsection K
of this section.
4. Perimeter Landscaping. Whenever any parking area, except that provided for single-
family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-
way and the parking area shall be landscaped and continuously maintained. The width of the
planting strip, measured from the ultimate property line (i.e., after street dedication), shall be in
accordance with Table 9-15.
Table 9-15 Required Perimeter Landscaping
Street or Highway
Minimum Width of Planting Strip feet
Highway 111
50
Image corridors
20
Other streets and highways
10
5. Interior Landscaping.
a. Within open parking lots (i.e., not including parking structures) containing four
or more parking spaces, landscaping equal to at least five percent of the net parking area
shall be provided within parking areas. Perimeter planting strips shall not be credited
toward this interior landscaping requirement.
b. All open areas between curbs or walls and the property line shall be permanently
landscaped and continuously maintained.
C. Interior landscaping shall be distributed evenly throughout the entire parking
area.
d. All landscaped areas shall be separated from adjacent parking or vehicular areas
by a curb at least six inches higher than the parking or vehicular area to prevent damage
to the landscaped area.
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6. Parking Lot Shading. Canopy -type trees shall be placed so as to shade a portion of the
total parking area within fifteen years in accordance with Table 9-16.
Table 9-16 Required Parking Lot Shading
Minimum Required Parking Spaces
Minimum Percent of Parking Area to Be
Shaded
0-4
n/a
5 or more
50
a. A shade plan shall be submitted with detailed landscaping plans which show
canopies after fifteen years growth to confirm compliance with the above percentage
requirements.
b. Shade structures, such as trellises, may be credited for up to fifty percent of the
required parking lot shading specified in Table 9-16.
C. Tree locations should not interfere with required lighting of public areas or
parking areas.
7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or
diameter. All landscape planter beds not containing trees shall be at least three feet in width or
diameter.
8. Curbs Required. All landscaped areas shall be separated from adjacent parking or
vehicular areas by a curb or landscape planter at least six inches higher than the parking or
vehicular area.
9. Irrigation. Effective full -coverage irrigation systems shall be installed and maintained in
all landscaped areas so that landscaping remains in a healthy growing condition and in
compliance with the approved plan. All dead vegetation shall be removed and replaced with
the same size and species plant material. Hose bibs shall be placed at intervals of not less than
two hundred feet. Irrigation water shall be contained within property lines.
10. Landscaping of Undeveloped Areas. All undeveloped areas within the interior of any
parking area, such as pads for future development, shall be landscaped with appropriate plant
material and maintained in good condition.
11. Landscape Plans. Landscape plans shall be submitted in conjunction with grading and
other development plans for all parking facilities with four or more spaces, except for single-
family detached, single-family attached and duplex residential. Plans shall include all planting,
hardscape, irrigation and other items required by this subsection. Plant lists shall be included
giving the botanical and common names of the plants to be used and the container size at time
of planting.
M. Nonconforming Parking. The continuation of uses with parking which does not conform
to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter 9.270
(Nonconformities). (Ord. 562 § 1, 2017; Ord. 550 § 1, 2016)
9.160.060 Permitted temporary signs.
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A. Definition. See Chapter 9.280.
B. Maximum Time Periods. No temporary sign shall be posted for more than forty-five consecutive days nor
shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the
subject of such temporary sign be reposted upon the same site, or any site which is visible from the original
site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be
removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign.
C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary
signs placed on public property may not exceed six square feet in area and temporary signs placed on private
property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on
any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area
shall be calculated on the basis of the entire sign area, as defined in Section 9.160,030.
D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not
exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor
buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such
buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor
buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to
the highest point of the surface of the sign.
E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed one
hundred.
F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes, utility
boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or
guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys,
life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be
located closer than five feet from the edge of the paved area of any public road or street and shall not be
posted within any median located in a public road or street. Temporary signs shall be placed no less than two
hundred feet apart from identical or substantially similar temporary signs placed within the city limits.
Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or
signals or emergency equipment.
G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post
one or more temporary signs on public property and/or four or more temporary signs on private property shall
make application to the planning division for a sign permit. To insure sign removal upon expiration of the
permitted posting time, a deposit as established by city council resolution shall be paid in conjunction with the
issuance of the sign permit. Upon the successful removal of all temporary signs, up to one hundred percent of
the deposit shall be refunded to the applicant. However, violations of the temporary sign provisions may result
in up to fifty percent of said deposit being retained by the city.
1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the
planning division a statement of responsibility certifying a natural person who will be responsible for
removing each temporary sign for which a permit is issued by the date removal is required, and who will
reimburse the city for any costs incurred by the city in removing each such sign which violates the
provisions of this section.
2. Standards for Approval.
a. Within ten business days of the planning division's receipt of a temporary sign permit
application, the director shall approve or disapprove such application. If the director disapproves
an application, the notice of disapproval shall specify the reasons for disapproval. The director
shall approve or disapprove any permit application for temporary signs based on character,
25
location and design, including design elements such as materials, letter style, colors, sign type or
shape, and the provisions of this section.
b. The director's decision with respect to a permit application for a temporary sign may be
appealed to the planning commission.
H. Maintenance and Removal of Temporary Signs.
1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and
good repair.
2. Removal from Public Property. If the city determines that a temporary sign located on public
property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or
altered in violation of this section, it may be removed summarily. If the sign contains identification, the
owner shall be notified that the sign may be recovered within five days of the date of notice.
3. Removal from Private Property. If the city finds that a temporary sign located on private property is
unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in
violation of this section, the city shall give written notice to the owner of the temporary sign, or the
person who has claimed responsibility for the temporary sign pursuant to Section 1.01.300 of this code,
that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall
direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If
the city cannot determine the owner of the sign or person responsible therefor, the city shall post such
notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or
the person responsible therefor fails to comply with the notice within five days after such notice is given,
the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be
removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign
to the city. (Ord. 564 § 1, 2017; Ord. 550 § 1, 2016)
I. The placement oftem[porary signs for eaistinacommercial businesses during the construction oFany
department of public works contract over Forty-five days in length, wlicrc the ingress and egress points to a
commercial establishment, have been interrupted. and further when the construction/modification of the
public street involves a distance of more than three thousand Feet in length, the above regulations pertaining
to temporary signs and the associated processing fees, shall not be enforced 1'or_thc duration of the deltartmcnt
of public works street contract. However, the placement of temporary signs must not interfere with site
visibility for vehicular movement.
J. Commercial business banners advertisina i`rand onenittas. sales, and seasonal and/or temoorary events are
allowed up to four times per calendar year, with a ntaxinuun time Period of 14 consecutive days, and a
minimum of 30 consecutive clays between each placement period. The banners shall be located within non-
residential zoningdistricts, with a maxi muni ofone banner per street frontage and one per park ing lot
frontage, and a maximum of two banners per husiness._A sign permit shall be required for each placement
period. The banners] shall consist of light -weight fabric or similar material attached to the building wall
below the eave line. Tlic banner(s) shall be non -illuminated and its size shall not exceed thirty-two square
feet.
K. Gana, Patio, Yard Sale Advertising. Two ? sip
tts are temtitted• one onsite and one at the nearest
intersection. The onsite sign shaII be located on the property where the sale is being conducted_. 5ig ii s are not
permitted in ri��ilts-of-way or on any udIitypoIes, street signs, or traffic control posts.
9.170.070 Application.
All new telecommunication facilities shall require a conditional use permit. Nfedi fig 4ions aW/ar
eAdditions, such as additional antennas or equipment or size increases, to approved existing
telecommunication facilities shall require a minor use permit for director approval. Modifications to
approved existing, telecommunication facilities shall be reviewed through_ abliiding_permit. All
26
modifications and/or additions shall be reviewed on a case -by -case basis. Upon review of an application
for modification and/or additions to an existing facility, the director may schedule the proposal for a
hearing with the planning commission. In all cases, unless otherwise waived by the director, an
application for approval of a wireless telecommunication facility shall include, at a minimum:
A. A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy wires;
existing and proposed facilities; vehicular parking and access; existing vegetation to be added,
retained, removed or replaced; and uses, structures and land use and zoning designations on the site
and abutting parcels.
B. A plan drawn to scale showing proposed landscaping, including species type, size, spacing and
other features.
C. Photo simulations showing the proposed wireless telecommunication facility and surrounding
features. Photo simulations shall include at least three different angles of the proposed facility at
different distances from the location, including before and after visualizations.
D. RF maps showing all existing wireless telecommunication facilities within a ten -mile radius of
the proposed facility. The RF maps shall show existing coverage without the proposed site,
predicted coverage with the proposed site and existing sites, and the predicted coverage of only the
proposed site. RF maps shall show the predicted coverage for indoor, in vehicle, and outside service.
E. The applicant shall provide a project information and justification letter. The letter shall provide
the project location, contact information, a project description and project objectives, alternative site
analysis and justification for why the proposed site was chosen over existing sites. The letter shall
include justification for the selected site and a benefits summary on how the proposed site will
improve wireless telecommunication access in the community.
F. A structural report from a California registered structural engineer. The report shall provide the
following information:
1. Describe the tower and the technical, economic and other reasons for the tower design;
2. Demonstrate that the tower complies with the applicable structural standards;
3. Describe the capacity of the tower, including the number and type of antennas that it can
accommodate and the basis for the calculation of capacity;
4. Show that the tower complies with the capacity requested under Section 9.170.060; and
5. Demonstrate that the proposed sources of NIER are incompliance with FCC guidelines.
G. The applicant shall request the FAA, FCC, and state aeronautics division to provide a written
statement that the proposed tower complies with applicable regulations administered by that agency
or that the tower is exempt from those regulations. If each applicable agency does not provide a
requested statement after the applicant makes a timely, good -faith effort to obtain it, the application
will be accepted for processing. The applicant shall send any subsequently received agency
statements to the director.
H. Evidence that the tower complies with Section 9.170.060(A) and a letter of intent to lease excess
space on the tower and excess land on the tower site except to the extent reduced capacity is
required under Section 9.170.060.
I. The applicant shall provide a draft copy of the lease agreement between the tower operator and
the property owner to the planning division. Financial information may be blocked out.
J. A letter of intent, committing the tower owner and his or her successor in interest to:
1. Respond in a timely, comprehensive manner to any request, required under Section
9.170.060, for information from a potential shared -use applicant, the tower owner may charge
a party requesting information under this section to pay a reasonable fee not in excess of the
actual cost of preparing a response.
27
2. Negotiate in good -faith or shared use by third parties; an owner generally will negotiate in
the order in which requests for information are received, except an owner generally will
negotiate with a party who has received an FCC license or permit before doing so with other
parties.
3. Allow shared use if an applicant agrees in writing to pay charges and to comply with
conditions described in this section. (Ord. 550 § 1, 2016)
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. As it pertains to Section
9.140.060, Equestrian overlay district, "accessory building" means any building subordinate to a
permitted or conditionally permitted equestrian use, including, but not limited to, hay and tack
barns, stables and other structures and uses customarily appurtenant to the primary permitted use.
Also pertaining to Section 9.140.060, Equestrian overlay district, "accessory structure" means any
structure subordinate to a permitted or conditionally permitted equestrian use, including, but not
limited to, arenas, grandstand seating, corrals, exercise rings, and other structures associated with
the permitted use. Fences are not considered structures for the purposes of this section.
"Accessory use" means a land use subordinate and incidental to the principal use on the same
building site.
"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 9.160.130.
"Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California
Health and Safety Code.
"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
28
respective group(s) in accordance with Section 65915 of the California Government Code and
Section 9.60.260 of this code.
"Affordable rent" means that level of rent defined in Section 50053 of the California Health and
Safety Code.
"Agricultural activity, operation, or facility, or appurtenances thereof" includes all uses
allowed under the agricultural overlay district, including, but be limited to, the cultivation and tillage
of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural
commodity, including timber viticulture, apiculture, or horticulture, the raising of livestock, fur
bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to
or in conjunction with such farming operations, including preparation for market, delivery to storage
or to market, or to carriers for transportation to market.
"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."
"Arena" means an enclosure physically similar to a corral, designed and constructed so as to be
used for conducting equine -related entertainment and events open to the public, including, but not
limited to, rodeos, polo matches, riding shows and exhibitions, etc.
"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.
29
"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.
"Bar and cocktail lounge" means an establishment whose primary activity is the service of alcohol,
beer or wine.
"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" means a residential dwelling occupied by a resident, person, or family,
containing individual living quarters occupied for a transient basis for compensation and in which a
breakfast may be provided to guests. The breakfast provided shall not constitute a restaurant
operation and may not be provided to persons other than guests of the inn.
"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 9.160.130.
"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.
30
"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.
"Caretaker residence" means a residential unit not exceeding one thousand square feet, which is
not the principal use on the property, to be occupied by a caretaker or watchman who is responsible
for the security of the principal use of the property.
"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.
"Cattery" means any building, structure, enclosure or premises within which five or more cats are
kept or maintained primarily for financial profit for the purpose of boarding, breeding, training,
marketing, hire or any other similar purpose.
"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.
"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.
31
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 filming" means the production of still or moving pictures on public property.
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 stable" means any facility specifically designed or used for the stabling of equine
animals not owned by the residents of the subject property, for purposes such as on -site breeding,
boarding, training, riding or other recreational use as a commercial service to the owners of said
animals.
"Commercial vehicle" means a vehicle customarily used as part of a business for the transportation
of goods or people.
"Commission" means the planning commission of the city unless another commission is indicated.
"Common interest development" bears the same meaning as defined in Section 1351 of the
California Civil Code.
"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.
"Community auction and sales yard" means a facility which periodically holds auctions of farm
equipment, fixtures and other related materials in an enclosed building.
Community Care Facility. See "Residential care facility."
"Community center" means a non-commercial use established for the benefit and service of the
population of the community in which it is located, including senior centers.
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.
"Condominium hotel" means a "hotel" or "group hotel" all or part of which constitutes a
condominium project in which one or more of the units are individually owned, but are intended to
be available for "transient" use (as those terms are defined in Section 3.24.020 of the La Quinta
Municipal Code), when not being used by the unit owner. See also "First class condominium
hotel."
32
"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."
"Corral" means an enclosure designed for use as an open holding area for horses for the purpose of
confinement within that area for an indeterminate period of time.
"Cottage food operation" means an enterprise wherein an individual prepares and packages non -
potentially hazardous foods in a primary residential dwelling unit, which serves as his or her private
residence, said foods being for the direct and/or indirect sale to consumers, and that does not have
more than one full-time equivalent employee, and generates not more than: (1) thirty-five thousand
dollars in gross annual sales in 2013; (2) forty-five thousand dollars in gross annual sales in 2014;
(3) fifty thousand dollars in gross annual sales in 2015 and beyond as identified in California Health
and Safety Code Section 113758.
"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.
"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.
"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.
33
"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, 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.
"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.
"Director" or "planning director" means the city manager or designee.
District. See "Zoning district."
District, Nonresidential. See "Nonresidential district."
District, Residential. See "Residential district."
District, Special Purpose. See "Special purpose district."
"Downtown Village directional sign panel" means an interchangeable sign panel which does not
require a sign permit, mounted on a monument base structure. The sign panels list businesses in the
Village commercial zoning 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.
34
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, 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, 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.
"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 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„ 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.
"Environmental review" means all actions and procedures required of the city and of applicants by
the California Environmental Quality Act ("CEQA," State Public Resources Code Section 21000 et
seq.), the CEQA Guidelines (Public Resources Code Section 15000 et seq.) and local environmental
procedures.
"Exception" means a city -approved deviation from a development standard based on the following
types of findings by the decision -making authority:
1. 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
35
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."
"Farm" means a parcel of land devoted to agricultural uses where the principal use is the
propagation, care and maintenance of viable plant and animal products for commercial purposes.
"Farmworker housing" means any building or group of buildings where six or more farm
employees are housed.
"First class condominium hotel" means a condominium hotel where both of the following apply:
1. The condominium hotel has a brand operator or an independent operator that is
experienced in the upscale segment or luxury segment of the hospitality industry as defined by
J.D. Power and Associates; and
2. The condominium hotel satisfies the published requirements that will be sufficient for a
ranking of no fewer than three stars in the most recent annual awards list published from time
to time by AAA Travel Guides or by the Mobil Travel Guide.
Flag. See sign definitions, Section 9.160.130.
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.
"F000dway" 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.
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 9.160.130.
Front Lot Line. See definitions under "Lot line."
36
"Garage" means a building or portion of a building used primarily for the parking of motor
vehicles.
Gas Station or Service Station. See "Automobile service station."
"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 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 9.160.130.
"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, and which is used primarily for
sleeping purposes by members of the family occupying the main building, their nonpaying guests,
and domestic employees.
"Guest ranch" means any property of five acres or more operated as a ranch which offers guest
rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or
hiking.
Habitable Area. See "Livable floor area."
37
"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 ..hell has eeel.;.,..
Identification Sign. See sign definitions, Section 9.160.130.
"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 off-street 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" means any building, structure, enclosure or premises within which five or more dogs are
kept or maintained primarily for financial profit for the purpose of boarding, breeding, training,
marketing, hire or any other similar purpose.
"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.
38
Laundry Plant. See "Cleaning plant or laundry plant."
"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.
ACCESS PORTION
STREET
W
5
a 1$gg
�O
YARD I KEY LOT
INTERIOR LOT
I FRONT Y&RD MUMW LOT UM
MOO" LOT
CORNER LOT
Lot Types and Lot Lines
39
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 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. For corner lots the lot frontage shall be
measured from the interior lot corner to the outside of the corner cut -back.
"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.
"Lower income households" bears the same meaning as defined in Section 50079.5 of the
California Health and Safety Code.
"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.
40
"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 commercial development" means a commercial center for which an overall site
development permit was approved and implemented, which may have remaining unconstructed pads
or buildings.
"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.
"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.
"Median" means a paved or planted area separating a street or highway into opposite -direction
travel lanes.
Medical Clinic. See "Clinic, medical."
"Medical marijuana dispensary" means a facility or location which provides, makes available or
distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an
identification card, in accordance with California Health and Safety Code Section 11362.5 et seq.
"Menagerie" means a lot on which more than one wild, non -domestic reptile (not including turtles
or tortoises), bird (not including poultry) or mammal is kept. A tamed or trained wild animal shall
not be considered a domestic animal.
"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 adjustments" are deviations in standards which have little or no potential for adverse
impacts on the surrounding community and which are reviewed administratively.
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.
"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.
Modular Home. See "Manufactured home."
Monument Sign. See sign definitions, Section 9.160.130.
41
"Motel" means a building or group of buildings containing guest rooms rented on a weekly basis or
less. ��r;; lities than .t Rents' me i3efeem of !he -guest -r- +6 and with most or all
guest rooms gaining access from an exterior walkway.
Multifamily Dwelling or Residence. See "Dwelling, multifamily."
"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.
"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.
"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 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.
"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.
"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,:
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;
42
4. Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6. Transfer/storage facilities.
"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 9.160.130.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and
other devices, permanent or portable, used for illumination or advertisement. Such devices shall
include, but are not limited to, search, spot, or flood lights for:
1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and other signs (advertising or other);
6. Street lighting;
General area and yard lighting.
"Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses which utilize a
movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design
suitable for placement on a private sidewalk, plaza, or pedestrianway.
Panhandle Lot or Flag Lot. See definitions under "Lot."
"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.
"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.
43
"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.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation, specifically
used for purposes of grazing or feeding of animals.
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 anyone who has a record of such an impairment.
"Personal services" are establishments providing nonmedical services as a primary use, including,
but not limited to, barber and beauty shops, spas and tanning salons, clothing rental, dry cleaning
stores, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair
shops, and tailors.
"Planned unit development" means a residential 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 9.160.130.
Portable Sign. See sign definitions, Section 9.160.130.
"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 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."
"Primary unit" means a single-family or multifamily residential unit constructed and intended as
the principal unit and building on a lot. The primary unit shall be the largest unit on the lot.
"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.
Projecting Sign. See sign definitions, Section 9.160.130.
"Property line" means a lot line or parcel boundary.
44
"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 housing
opportunities for persons with disabilities.
"Recreational vehicle" or "RV" 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.
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, caf6s, coffee shops, pubs, sandwich
shops, ice cream parlors, fast food take-out and drive -through stores, whose primary activity is food
service 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.
"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 academy" means a facility designed and used primarily for recreational riding, training
and instruction purposes, and allowing both on -site boarding or trailering of horses to the facility.
"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 9.160.130.
Roominghouse. See "Boardinghouse."
45
"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 unit." In accordance with Government Code Section 65852.2(i)(4), "second unit" means
an attached or a detached residential dwelling unit which provides complete independent living
facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is
situated. A second unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code;
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"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.")
"Semi -permanent sign" means a non -illuminated sign which requires a sign permit, such as
advertising the future construction or opening of a facility, model home complex, commercial, or
residential subdivision identification which is intended to be erected or posted for a minimum of
sixty-one days and a maximum of one year. A permit for semi -permanent signs advertising future
facility construction shall not be approved until a development review application has been
submitted.
"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.
"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 off-street 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
46
intended to be used to attract attention to, identify, or advertise an 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.
"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.
"Stable" means a building or structure containing multiple stalls for the purposes of sheltering,
feeding, boarding, accommodating or otherwise caring for several horses at one time.
"Stall" means a division of a stable accommodating one horse into an adequately sized enclosure
for the purpose of confining individual horses within a sheltered environment as may be necessary
for security, safety or other reasons pertinent to the health, welfare and daily care of each animal.
"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.
47
"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.")
"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 on -site or off -site 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.
"Tandem parking" means any off-street parking space(s), or arrangement of such spaces,
configured in such a manner such that one or more spaces is not directly accessible to a street or
other approved access without traversing any portion of another space.
"Temporary sign" means any non -illuminated sign which may require a sign permit and which is
intended to be posted for a maximum of forty-five days. Temporary signs include without limitation:
political campaign signs, garage sale signs and seasonal sales signs.
"Temporary use" means a land use established for a specified period of time, which use is
discontinued at the end of such specified time.
"Timeshare facility" means a facility in which a person receives the right in perpetuity, for life or
for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or
portion of real property for a period of time which has been or will be allocated from twelve or more
occupancy periods into which the facility has been divided. A timeshare use may be coupled with an
estate in the real property or it may entail a license, contract, membership, or other right of
occupancy not coupled with an estate in the real property.
Townhome. See "Dwelling, twnhome."
"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.
48
"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.
"Very low income households" bears the same meaning as defined in Section 50105 of the Health
and Safety Code.
"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 9.160.130.
"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.
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.
49
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.
REAR YARD
I INTERIOR
ru SIDE YARD
at
FRONT YARD
EXTERIC}R SIDE YARD
STREET
TYPES OF YARDS
"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 standards required, and other
applicable provisions of this code. (Ord. 562 § 1, 2017; Ord. 550 § 1, 2016)
50
TITLE 11 CHANGES
11-08.040 t MC - NOISE
No pgrsoti shall wiIIfull make any unreasonably loud noise to the extent that it disturbs the peace and
quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which ma • be
considered in determin'stt r whether it violation of this section exists may include but is not limited to, the
following:
A. The level of noise:
B- The nature of the area within which the noise emanates.
C. The density of the inhabitation or the area within which the noise emanates:
D. The time ofda or ni ht:
E. The dLlratiOl3 of Elie noise,
F. Whether the noise is.recurren intermittent or constant', or
G. Whether the noise is produced by a commercial or noncommercial activity. Ord. 151 & 2 1989
Ord. 10 § 1, 1982]
51
TITLE 13 CHANGES
13.32.020 Applicability.
Lot line adjustment may be utilized to reconfigure the size or shape of one lot provided that:
A. All property line segments adjusted are boundary lines of the subject lot (though the extensions
of the adjusted segments may affect several lots);
B. The !at !. Fie ad-i ustment d6eS t alt - the number- of lots -No &Seater number of lots than
originally existed will result from the lot line adjustment; and
C. The applicant and/or owner of the property has not received approval of a lot line adj ustment
affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of six
months immediately preceding the date of the current application, unless the property is zoned
neighborhood commercial, community commercial, regional commercial, office commercial,
commercial park, village commercial or major community facilities in which case there shall be no
time restriction between lot line adjustments. (Ord. 562 § 1, 2017; Ord. 539 § 6, 2016; Ord. 444 § 1,
2007; Ord. 326 § 3, 1998; Ord. 272 § 1, 1995)