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2018 11 27 PCPLANNING COMMISSION AGENDA 1 NOVEMBER 27, 2018 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, NOVEMBER 27, 2018 AT 6:00 P.M. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Planning Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1. APPROVE MINUTES DATED NOVEMBER 13, 2018 BUSINESS SESSION – None STUDY SESSION – None PUBLIC HEARINGS Declarations regarding Public Contacts. Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.gov PLANNING COMMISSION AGENDA 2 NOVEMBER 27, 2018 1. ZONING ORDINANCE AMENDMENT 2018-0005, SUBMITTED BY CITY OF LA QUINTA PROPOSING TO AMEND SEVERAL CHAPTERS OF TITLES 3,6,8,9,11 AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESSES AND STANDARDS. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15061 (B)(3), REVIEW FOR EXEMPTIONS – GENERAL RULE. LOCATION: CITY-WIDE. [RESOLUTION NO. 2018-016] REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEMS - None ADJOURNMENT The next regular meeting of the Planning Commission will be held on December 11, 2018, commencing at 6:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, California. DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 21, 2018. DATED: November 21, 2018 WANDA WISE-LATTA, Commission Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at 777-7118, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777- 7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES 1 NOVEMBER 13, 2018 PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 13, 2018 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson McCune. PRESENT: Commissioners Bettencourt, Caldwell, Currie, Proctor, Wright and Chairperson McCune. ABSENT: Commissioner Quill STAFF PRESENT: Assistant City Attorney Morgan Gallagher, Design and Development Director Danny Castro, City Engineer Bryan McKinney, Associate Planner Carlos Flores, Commission Secretary Wanda Wise-Latta and Administrative Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Caldwell led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Dale Tyerman, La Quinta, CA – introduced himself and spoke regarding Avenue 60 street improvements and landscaping adjacent to the Andalusia development between Monroe and Madison Streets. CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None CONSENT CALENDAR 1. APPROVAL OF MINUTES DATED OCTOBER 23, 2018 MOTION – A motion was made and seconded by Commissioners Bettencourt/Currie to approve the Consent Calendar as recommended with the following amendment to the Planning Commission Minutes of October 23, 2018 to page 3, adding to the end of paragraph 3: and he stated that generally there are no property rights to views, light or air and that there may be certain limited exceptions, but they may not apply to this specific question about whether there is a right to control siting of a building to project views without specific ordinances to that effect. PLANNING COMMISSION MINUTES 2 NOVEMBER 13, 2018 AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Wright and Chairperson McCune. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. Motion passed. PUBLIC HEARINGS DECLARATIONS REGARDING PLANNING COMMISSION PUBLIC CONTACTS Commissioner Bettencourt stated that he has a working relationship with the Hermann Design Group on unrelated properties outside of the City of La Quinta. No other public contacts to report. 1. SITE DEVELOPMENT PERMIT 2018-0003, SIGN PROGRAM 2018-0001, MINOR ADJUSTMENT 2018-0008, CONDITIONAL USE PERMIT 2018-0004 AND ENVIRONMENTAL ASSESSMENT 2018-0003 SUBMITTED BY SOUTH WEST CONCEPTS, INC. PROPOSING A 18,695 SQUARE-FOOT ART MUSEUM. PROJECT: CALIFORNIA DESERT MUSEUM OF ART. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15332 (CLASS 32) IN THAT THE PROPOSED PROJECT CAN BE CHARACTERIZED AS IN-FILL DEVELOPMENT. LOCATION: 47705 CALEO BAY. [RESOLUTION NO. 2018- 014] Associate Planner Carlos Flores presented the staff report, which is on file in the Design and Development Department. Planning Commission asked staff about the shared parking agreement and access to the shared parking; if any comments had been received from adjacent commercial businesses and residents to which staff responded none had been received; and the vacant property north of the Caleo Bay Alzheimer's Special Care Center and south of the museum site which is owned by the Caleo Bay Alzheimer's Special Care Center. Chairperson McCune declared the PUBLIC HEARING OPEN at 6:24 p.m. PUBLIC SPEAKER: Stephen R. Nieto, South West Concepts – introduced himself, stated he was available to answer any questions and spoke about their client, Christian Title’s vision for the museum. Mr. Nieto addressed Commission inquiries regarding parking and signage. PUBLIC SPEAKER: Stephen T. Nieto, South West Concepts – introduced himself and the design team. He provided additional information regarding the proposed project and the anticipated relationship and accessibility between the museum and the Caleo Bay Alzheimer's Special Care Center. Chairperson McCune declared the PUBLIC HEARING CLOSED at 6:34 p.m. MOTION – A motion was made and seconded by Commissioners Bettencourt/Currie to adopt Planning Commission Resolution 2018-014 approving Site Development Permit 2018-0003, Sign Program 2018-0001, Minor Adjustment 2018-0008, and Conditional Use Permit 2018- 0004; and deem the project exempt from the California and Environmental Quality Act. PLANNING COMMISSION MINUTES 3 NOVEMBER 13, 2018 AYES: Commissioners Bettencourt, Caldwell, Currie, Procter, Wright and Chairperson McCune. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. Motion passed. 2. CONDITIONAL USE PERMIT 2017-0004 (CONDITIONAL USE PERMIT 2016- 0004 AMENDMENT 1) SUBMITTED BY HOME DEPOT U.S.A., INC. PROPOSING OUTDOOR DISPLAY AND SALES AT AN EXISTING HOME DEPOT. CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 OF THE CALFORNIA ENVIRONMENTAL QUALITY ACT IN THAT THE PROPOSED PROJECT CAN BE CHARACTERIZED AS AN EXISTING FACILITY. LOCATION: 79900 HIGHWAY. [RESOLUTION NO. 2018-015] Associate Planner Carlos Flores presented the staff report, which is on file in the Design and Development Department. Planning Commission inquired of staff about pedestrian and ADA accessibility along the southside of the building. Staff explained the purpose of truncated domes which are to be placed underfoot to warn the vision impaired that they are entering a vehicle traffic area. Staff stated planning, building, code compliance and fire personnel will conduct periodic inspections of the site to assure the applicant is maintaining the site and are adhering to the site plan and conditions of approval. Planning Commission spoke about proper site management; inquired about potential traffic congestion on the eastside of the project for egress and ingress out of and into the site; vehicle circulation within the site; and shared concerns for pedestrians in areas where trucks are loading and unloading. Chairperson McCune declared the PUBLIC HEARING OPEN at 6:51 p.m. PUBLIC SPEAKER: Diana McKay, La Quinta, CA - introduced herself as the La Quinta Home Depot store manager and addressed the Commission’s inquiries about contractor truck parking in front of the building, current delivery area on the westside of the building and relocation of delivery area; and location of sheds currently on display and the possibility of relocating them to the parking lot. PUBLIC SPEAKER: Doug Couper, Irvine, CA - introduced himself as a staff member of Greenberg Farrow and provided additional information regarding the project. Chairperson McCune declared the PUBLIC HEARING CLOSED at 7:03 p.m. Commission discussion followed regarding pedestrian safety, storage on eastside of building, outdoor retailing, new Home Depot store management staff, traffic, parking, placement of sheds, containment of outside sales, and possible six-month review of conditional use permit. MOTION – A motion was made and seconded by Commissioners Bettencourt/Caldwell to adopt Planning Commission Resolution 2018-015 approving Conditional Use Permit 2017- 0004 (Conditional Use Permit 2016-0004, Amendment 1) for Home Depot U.S.A., Inc., as PLANNING COMMISSION MINUTES 4 NOVEMBER 13, 2018 submitted with staff’s recommendations; and deem the project exempt from the California and Environmental Quality Act with the following additions to the Conditions of Approval: • Conditional Use Permit 2017-0004 shall be reviewed in six months. • Parking lot display for Tough Sheds shall not be authorized. AYES: Commissioners Bettencourt, Caldwell, Currie, and Chairperson McCune. NOES: Commissioners Proctor and Wright. ABSENT: Commissioner Quill. ABSTAIN: None. Motion passed. BUSINESS SESSION - None STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS – None COMMISSIONERS’ ITEMS Commissioner Bettencourt stated that he had been contacted by potential bidders for the City’s Development Area Plan for the Highway 111 Corridor Request for Proposals. Mr. Bettencourt stated that he respectfully declined to offer any recommendations. STAFF ITEMS Design and Development Director Danny Castro shared that the City and the Design and Development Department will host a Developer and Contractor Workshop on November 15, 2018. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Proctor/Caldwell to adjourn this meeting at 7:21 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Commission Secretary City of La Quinta, California PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 27, 2018 CASE NUMBER: ZONING ORDINANCE AMENDMENT 2018-0005 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL AMEND SEVERAL CHAPTERS OF TITLES 3, 6, 8, 9, 11, AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESSES AND STANDARDS LOCATION: CITY-WIDE CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15061 (B)(3), REVIEW FOR EXEMPTIONS – GENERAL RULE RECOMMENDED ACTION Adopt a resolution recommending to the City Council approval of Zoning Ordinance Amendment 2018-0005 approving amendments to Titles 3, 6, 8, 9, 11, and 13 of the La Quinta Municipal Code and finding of exemption from environmental review under the California Environmental Quality Act pursuant to Section 15061 (b)(3), Review for Exemptions – General Rule. EXECUTIVE SUMMARY Staff has proposed modifications to La Quinta Municipal Code (LQMC) Titles 3, 6, 8, 9, 11, and 13 to further streamline and clarify development standards. BACKGROUND/ANALYSIS Code amendments were adopted in 2016 and 2017 to streamline the development review process. Since implementation, staff has identified additional amendments that would further streamline and clarify development standards (Attachment 1). The following titles of the code are proposed for modification: • Title 3 (Revenue and Finance) • Title 6 (Health and Sanitation) PUBLIC HEARING NO. 1 • Title 8 (Buildings and Construction) • Title 9 (Zoning) • Title 11 (Peace, Morals and Safety) • Title 13 (Subdivision Regulations) A joint study session was held October 2, 2018 to consider specific code amendments that require in-depth discussion with Council and Planning Commission. Items discussed included: • Establish new standards for flagpoles; • Clarify additional garage space requirements for non-bedroom conversions; and • Allow merger of parcels in the lot line adjustment process. Council and Planning Commission were supportive of the code amendments presented. The proposed code amendments are included as text amendment redlines as Exhibit A in the Planning Commission resolution. The matrix of proposed amendments (Attachment 1) summarizes each amendment with its corresponding page number. The amendments are summarized below. Title 3 Revenue and Finance and Title 11 Peace, Morals and Safety Title 3 and 11 changes include correcting a cross-reference to a different section and inputting sections back to the code that were mistakenly removed in previous code amendments. Title 8 Buildings and Construction Title 8 changes include new language regarding waivers for undergrounding utilities. New development projects are required to underground overhead utilities. A waiver can be granted for practical difficulties related to the physical characteristics of the property or for financial considerations. Currently, these waivers require City Council approval. New language added to Section 8.03.020 would allow the City Manager flexibility to grant waivers. Title 9 Zoning Proposed changes to Title 9 include correcting code inconsistencies, a mistakenly deleted section, and unclear language discovered since last year’s development code update. Changes include the following: • Revise Section 9.50.100 to clarify additional garage space requirements for non-bedroom conversion to only require if home has two garage spaces and cannot demonstrate adequate off-street parking. • Revise Section 9.60.070 to allow more flexibility for placement of pool equipment in the 5-foot side setback area in residential districts, similar to all other ground mounted equipment. • Add Section 9.60.340 to establish standards for flagpoles in residential districts. • Revise Section 9.90.040 to clarify setbacks within nonresidential districts. • Revise Section 9.100.120 to allow sidewalk sales and commercial events the same signage allowances as temporary outdoor special events. Sidewalk sales and commercial events are events for businesses outside of their building, such as a grand opening outdoor sale or networking event, whereas temporary outdoor special events are larger scale events such as fairs, carnivals, or large entertainment events. • Revise Section 9.150.040 to ensure cars are parked on driveways in front yards of single family homes. • Revise Section 9.150.080 to remove requirement prohibiting vehicles from backing onto street for certain residential uses and allow staff discretion on parking facility design. • Revise Section 9.170.070 to streamline telecommunication facility modifications to remove minor use permit requirement and allow review only through building permit. Minor use permit would still be required for facilities adding new antennas or equipment. • Revise Section 9.280.030 to broaden definition of a hotel. Title 13 Subdivision Regulations Revise Section 13.32.020 to allow merger of parcels to occur through the lot line adjustment process. AGENCY AND PUBLIC REVIEW Public Notice: This project was advertised in The Desert Sun newspaper on November 16, 2018. To date, no comments have been received. Comments from other City Departments, including the City Clerk, City Attorney, Public Works, Building, Fire, and Code Compliance divisions were considered. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed zone text amendment is exempt from environmental review under CEQA, 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. Prepared by: Carlos Flores, Associate Planner Approved by: Danny Castro, Design and Development Director Attachment: 1. Matrix of Proposed Code Amendments PLANNING COMMISSION RESOLUTION 2018 - 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, 9, 11 AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESSES AND STANDARDS CASE NUMBER: ZONING ORDINANCE AMENDMENT 2018-0005 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 Planning Commission Resolution 2018- Zoning Ordinance Amendment 2018-0005 Applicant: City of La Quinta November 27, 2018 Page 2 of 3 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 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: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2018- Zoning Ordinance Amendment 2018-0005 Applicant: City of La Quinta November 27, 2018 Page 3 of 3 ___________________________ KEVIN MCCUNE, Chairperson City of La Quinta, California ATTEST: _______________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California TITLE 3 CHANGES 3.25.050 Short-term vacation rental permit—Required.* 3.25.050 Short-term vacation rental permit—required A. The owner is required to obtain a short-term 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 1 EXHIBIT A 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 shortterm 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 nonuse, 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. 2 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. The number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit shall be limited as follows: Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0 – Studio 2 2-8 1 2-4 2-8 2 4-6 4-8 3 6-8 6-12 4 8-10 8-16 5 10-12 10-18 6 12-14 12-20 7 14 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 shortterm 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- term 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. 3 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 any 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 fortyfive (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-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term 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. 4 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, garage, and/or carport areas only. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. 5 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: 6 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 not required for home improvement and/or temporary cleanup, bins or rolloff boxes may be placed at the dwelling for a period of one week. Bins or rolloff boxes shall be placed on a driveway and not 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. I. 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) 7 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: 8 (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 city councilCity Manager and his/her designee shall consider said application no later than thirty (30) days thereafter, at which time it 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 city councilCity Manager and his/her designee may grant a waiver from all or any provisions of this article after considering a specific application therefor and after making a 9 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 city council City Manager and his/her designee 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 city council City Manager and his/her designee shall make its decision on the application no later than thirty (30) days after it has concluded its consideration thereof. The decision of the city council City Manager and his/her designee shall be final. 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, and 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 11 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) 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 IN SQ. 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 if such single-family dwelling has existing garage space for only 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 required if 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”) 12 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. 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 by the city manager or designee if findings are made by the city manager or designee that extenuating circumstances exist. 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) 9.60.340 Flagpoles Flagpoles shall be allowed in all residential zoning districts subject to the following standards: A. Height of flagpoles shall not exceed 20 feet. 13 B. Flagpoles are allowed within the front yard only. The minimum front yard setback for flagpoles shall be 10 feet. C. Installation of flagpoles shall require a building permit. 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 Development Standard District CR CP CC CN CT CO MC VC Minimum—Maximum building site (acres) n/a n/a n/a 1-20 n/a n/a n/a n/a Maximum building height (ft.)1, 6, 7 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 Minimum perimeter building/ landscape setbacks (in ft.)4 From Highway 111 right-of- way1 50/50 50/50 50/50 n/a n/a n/a n/a n/a From all image corridor3 rights- of-way1 (except Hwy 111) and from all major and primary arterials 30/20 30/20 30/20 30/20 30/20 30/20 30/20 n/a From all other perimeter street rights-of-way1 20/10 20/10 20/10 20/10 20/10 20/10 20/10 n/a From residential districts and PR, 50/10 50/10 50/10 30/155 30/155 30/155 30/155 10/0 14 OS and GC districts1 Minimum setback from interior property lines within the same project nonresidential districts 0 0 0 0 0 0 0 0 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: 1 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. 2 FAR means the gross floor area of all buildings divided by the building site area. 3 See General Plan Exhibit II-4. 4 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). 5 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. 7 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. 15 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 be allowed as follows: 1. Maximum of one temporary banner per street frontage, not to exceed thirty-two square feet. 2. Maximum one temporary portable sign on- or off-site on private property, not to exceed fifty-five square feet. 3. Posting period, locations and related details shall be as approved in the temporary use permit for the event. 4. Other signs and advertising devices, such as pennants, flags, A- frame signs, are 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. 16 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 111 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, RC 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) 9.150.040 Parking location and accessibility. A. Location. 1. Residential Uses. Cars may be parked in the front yards 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; 17 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. 1. Except for single-family detached, single-family attached, duplex and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 21. No parking space shall be located within three feet of any property line. 18 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. 76. 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). 19 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 14 26 (0° = parallel) 45—54 16 26 55—64 18 26 65—79 22 26 80—90 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. 20 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. 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 Area (sq. 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. 21 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. 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. 22 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. 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. 23 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 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 24 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. 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 25 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. A. Definition. See Chapter 9.280. 26 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 27 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, 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) 28 I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where 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 for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. Commercial business banners advertising grand openings, sales, and seasonal and/or temporary events are allowed up to four times per calendar year, with a maximum time period of 14 consecutive days, and a minimum of 30 consecutive days between each placement period. The banners shall be located within non-residential zoning districts, with a maximum of one banner per street frontage and one per parking lot frontage, and a maximum of two banners per business. A sign permit shall be required for each placement period. The banner(s) shall consist of light-weight fabric or similar material attached to the building wall below the eave line. The banner(s) shall be non- illuminated and its size shall not exceed thirty-two square feet. K. Garage, Patio, Yard Sale Advertising. Two (2) signs (provided by the City) are permitted; one onsite and one at the nearest intersection. The onsite sign shall be located on the property where the sale is being conducted. Signs are not permitted in rights-of-way or on any utility poles, street signs, or traffic control posts. 9.170.070 Application. All new telecommunication facilities shall require a conditional use permit. Modifications and/or aAdditions to approved existing telecommunication facilities shall require a minor use permit for director approval. Modifications to approved existing telecommunication facilities shall be reviewed through a building permit. All 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 29 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 30 under this section to pay a reasonable fee not in excess of the actual cost of preparing a response. 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. 31 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 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.” 32 “Automobile repair specialty shop” means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. “Automobile service station” means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. “Automobile wrecking” or “automobile dismantling” means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. “Awning” means a roof-like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. “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. 33 Building, Relocatable. “Relocatable building” means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include, but are not limited to, mobilehomes, construction trailers, and modular buildings. “Building site” means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city’s subdivision code. “Building site area” means the horizontal area within a building site expressed in square feet, acres or other area measurement. Building Site Coverage. See “Lot coverage.” Building Site, Panhandle or Flag. See “Lot” definitions. Building Site, Through. “Through building site” means a building site having frontage on two parallel or approximately parallel streets. See “Through lot.” Business Park. See “Industrial park.” “CEQA” means the California Environmental Quality Act. “Caretaker” means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. “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 34 provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. “Child day care facility” means, consistent with Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes both child day care centers and child day care homes. “Child day care home” or “family day care home” means, consistent with Section 1596.78 of the State Health and Safety Code: 1. “Family day care home” means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. 2. “Large family day care home” means a home that provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home. 3. “Small family day care home” means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home. “City” means the city of La Quinta. “City council” means the city council of the city of La Quinta. “Cleaning plant” or “laundry plant” means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Clinic, Medical. “Medical clinic” means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. “Club” means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. “Code” means this zoning code unless another code, ordinance or law is specified. “Commercial” means operated or conducted on a frequent basis for the purpose of financial gain. “Commercial filming” means the production of still or moving pictures on public property. Commercial Center. See “Shopping center.” 35 “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.” “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 36 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. 37 “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. “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. 38 “Duplex” means a permanent building containing two dwelling units on a single lot. “Dwelling” means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, Attached. “Attached dwelling” means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, Main or Primary Residence. “Main dwelling or primary residence” means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, Multifamily. “Multifamily dwelling” means a building containing three or more dwelling units on a single parcel or building site. Dwelling, 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. 39 “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 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., 40 mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. “Flood insurance rate map (FIRM)” or “flood boundary and floodway map” mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. “Floodplain” means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. “Floodproofing” means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. “Floodway” means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 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.” “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. 41 “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.” “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 42 present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Home for the Aged. See “Convalescent home.” “Home occupation” means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. “Hospital” means a facility licensed by the State Department of Health Services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. “Hotel” means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and which has cooking facilities in less than twenty-five percent of the guest rooms. Identification Sign. See sign definitions, Section 9.160.130. “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. Laundry Plant. See “Cleaning plant or laundry plant.” 43 “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. 44 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. 45 “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. “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 46 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. “Motel” means a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than twenty-five percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily Dwelling or Residence. See “Dwelling, multifamily.” “Net 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. 47 “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,: 1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.); 2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); 3. Stabilization/solidification facilities; 4. Chemical oxidation facilities; 5. Neutralization/precipitation facilities; or 48 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; 7. 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. 49 “Parking structure” means a structure which is open or enclosed and is used for the parking of motor vehicles. “Parkway” means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. “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.” 50 “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. “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, cafés, 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. 51 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.” “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 52 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 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. 53 “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. “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. 54 “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, townhome.” “Transient basis” means for a continuous period of two weeks or less. “Transitional housing” is buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another 55 eligible program recipient at some predetermined future point in time, which shall be no less than six months. “Transitional shelter” means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two weeks or less. Two-Unit Attached Dwelling. See “Dwelling, two-unit attached.” “Ultimate right-of-way” means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan. “Use” or “land use” means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. “Use permit” means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. “Vehicular accessway” means a private, nonexclusive vehicular easement affording access to abutting properties. “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: 56 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. 3. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety-degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. “Zoning code” or “code” means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. 57 “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) 58 TITLE 11 CHANGES 11.08.040 LQMC - NOISE No person shall willfully 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 may be considered in determining whether a 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 of the area within which the noise emanates; D. The time of day or night; E. The duration of the noise; F. Whether the noise is recurrent, intermittent or constant; or G. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 151 § 2, 1989; Ord. 10 § 1, 1982) 59 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 lot line adjustment does not alter the number of lots No greater 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 adjustment 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) 60 Affected Code Section(s)Existing Challenge/ Inefficiency Suggested Change to Code Exhibit A Page # 3.25.050(F) - Short-term vacation rental permit Incorrect crossreference Correct crossreference 2 3.25.070( R ) - Operational requirements and standard conditions Previously deleted section Place subsection ( R ) back in section 5 Affected Code Section(s)Existing Challenge/ Inefficiency Suggested Change to Code Exhibit A Page # 6.04.050( E ) - Containers Staff receives requests for homeowners to have a temporary pods at their house for minor home improvements, to store materials or furniture. No current process for them. Allow temporary pods for a maximum of 72 hours at homes when conducting mionr home improvement or temporary cleanup. Pods would be allowed for major home improvement via building permit. 7 Affected Code Section(s)Existing Challenge/ Inefficiency Suggested Change to Code Exhibit A Page # 8.03.020 - Underground wiring required Waiver for undergrounding of utilities for new construction has to go up to City Council for approval Streamline waiver process for undergrounding of utilities to allow City Manager to make decision 9-10 TITLE 3 CHANGES TITLE 6 CHANGES TITLE 8 CHANGES 2018 Development Code Changes ATTACHMENT 1 ATTACHMENT 1 Affected Code Section(s)Existing Challenge/ Inefficiency Suggested Change to Code Exhibit A Page # 9.20.030 - Special Zoning Symbols This section requires clarification on reference to zoning map for special zoning area Clarify description of zoning symbols on Zoning Map 11 9.50.100 - Additional Bedrooms Existing homes with three or more parking spaces have to construct an additional garage space if proposing an additional bedroom Only require an additional garage space if existing home has two garage spaces and can't demonstrate adequate off-street parking spaces 12 9.60.070 - Swimming Pools Code was previously revised to allow discretion for mechanical equipment setbacks but was not reflected for pool equipment setbacks Change mechanical pool equipment setback language to be consistent with ground mounted mechanical equipment setbacks. 13 9.60.340 - Flagpoles Staff receives many requests for installation of flagpoles within front yard of single-family residences and has no established standards Establish standards on flagpoles for single-family homes to allow them in front yard with 10 foot setback 13 9.90.040 - Table of development standards Clarification is required for setbacks within nonresidential districts Change table of development standards to clarify nonresidential district setbacks 15 9.100.120 - Sidewalk sales and commercial events Sidewalk sales and commercial events for nonresidential tenants are not given the same sign standards as temporary outdoor special events Allow sidewalk sales and commercial events similar signage allowances as temporary outdoor special events 16 9.110.100( C ) - Affordable Housing Overlay District Incorrect reference to "Regional Commercial" zoning district Correct reference to Regional Commercial zoning district 17 9.140.080 (A) Affordable Housing Overlay District Incorrect reference to "Regional Commercial" zoning district Correct reference to Regional Commercial zoning district 17 9.150.040 ( A ) -Parking Location and accessibility No standard is in place to ensure cars are parked in driveways in front yard of single family houses Place requirement for cars to be parked on driveways in front yards of single family homes 17 9.150.080 ( A ) - Parking facility design standards Some residential uses, such as multifamily apartments, are not allowed to have vehicles back out to public street Remove requirement prohibiting vehicles from backing onto street for parking facilities and allow Staff discretion on parking facility design 18 9.160.060 - Permitted temporary signs Previously deleted sections Place subsections I, J, and K back 29 9.170.070 - Application Modifications, which include swapping antennas or equipment, to existing telecommuncation facilities require a minor use permit and building permit Streamline process to allow modifications to be reviewed only through building permit and only require minor use permit if facility has additions 29 9.280.030 - Definitions "Hotel" definition having strict requirements for cooking facilities limits the applicable hotels Remove reference to percentage of cooking facilities within a hotel to broaden type of acceptable hotels 43 TITLE 9 CHANGES Affected Code Section(s)Existing Challenge/ Inefficiency Suggested Change to Code Exhibit A Page # 11.08.040 - LQMC Noise Previously deleted section Replace section 59 Affected Code Section(s)Existing Challenge/ Inefficiency Suggested Change to Code Exhibit A Page # 13.32.020 - Applicability Lot line adjustments do not allow for parcels to be merged during the process Allow for parcel mergers to occur via lot line adjustment 60 TITLE 13 CHANGES TITLE 11 CHANGES HANDOUT PLANNING COMMISSION NOVEMBER 27, 2018 7 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 not required for home improvement and/or temporary cleanup, bins or rolloff boxes may be placed at the dwelling for a 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. I. 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) HANDOUT: PLANNING COMMISSION 11-27-18 PUBLIC HEARING NO. 1 9 (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 city councilCity Manager or his/her designee shall consider determine completeness of said application no later than thirty (30) days thereafter. If determined complete, at which time it City Manager or his/her designee shall hear consider 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 city 10 councilCity Manager or his/her designee 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 city council City Manager or his/her designee 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 city council City Manager or his/her designee shall make its decision on the application no later than thirty (30) days after it has determined completeness of application concluded its consideration thereof. The decision of the city council City Manager or his/her designee shall be final. 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) 13 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. 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 by the city manager or designee if extenuating circumstances exist, there is a three foot clearance of any permanent obstructions, and findings are made pursuant to Section 9.210.025(F). 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) 9.60.340 Flagpoles 29 I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where 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 for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. Commercial business banners advertising grand openings, sales, and seasonal and/or temporary events are allowed up to four times per calendar year, with a maximum time period of 14 consecutive days, and a minimum of 30 consecutive days between each placement period. The banners shall be located within non-residential zoning districts, with a maximum of one banner per street frontage and one per parking lot frontage, and a maximum of two banners per business. A sign permit shall be required for each placement period. The banner(s) shall consist of light-weight fabric or similar material attached to the building wall below the eave line. The banner(s) shall be non- illuminated and its size shall not exceed thirty-two square feet. K. Garage, Patio, Yard Sale Advertising. Two (2) signs (provided by the City) are permitted; one onsite and one at the nearest intersection. The onsite sign shall be located on the property where the sale is being conducted. Signs are not permitted in rights-of-way or on any utility poles, street signs, or traffic control posts. 9.170.070 Application. All new telecommunication facilities shall require a conditional use permit. Modifications and/or aAdditions, 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 a building permit. All 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 POWER POINT PLANNING COMMISSION NOVEMBER 27, 2018