2024 09 10 PCeiCal Otilitra
- GEM of the DESERT —
Planning Commission agendas and staff reports
are now available on the City's web page:
www.lapuintaca.gov
PLANNING COMMISSION
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
TUESDAY, SEPTEMBER 10, 2024, AT 5:00 P.M.
Members of the public may listen to this meeting by tuning -in live via
www.laquintaca.gov/livemeetings.
CALL TO ORDER
Roll Call: Commissioners: Guerrero, Hernandez, Hundt, McCune, Nieto, Tyerman, and
Chair Hassett
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the Commission on any matter not listed
on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the
agenda. The 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 the Brown Act [Government Code § 54954.2(b)].
CONFIRMATION OF AGENDA
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. INTRODUCTION OF NEWLY APPOINTED COMMISSIONER HUNDT
CONSENT CALENDAR
1. APPROVE MEETING MINUTES DATED JUNE 25, 2024
BUSINESS SESSION — NONE
PLANNING COMMISSION AGENDA
Page 1 of 4 SEPTEMBER 10, 2024
PAGE
PUBLIC HEARINGS — NONE
STUDY SESSION ITEMS
1. REVIEW CITY OF LA QUINTA DRAFT STRATEGIC PLAN
2. DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER
LA QUINTA MUNICIPAL CODE SECTION 9.60.170
3. DISCUSS PROPOSED ZONING ORDINANCE AMENDMENT 2024-0001 FOR
ZONING CODE LANGUAGE CLEAN UP AND CHANGES
REGARDING: VILLAGE PARKING ALLOWANCES, VINYL FENCING, BED AND
BREAKFAST INNS, RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE
PERMIT EXPIRATIONS, AND ACCESSORY DWELLING UNIT (ADU)
REGULATIONS
COMMISSIONERS' ITEMS
STAFF ITEMS
ADJOURNMENT
*********************************
The next regular meeting of the La Quinta Planning Commission will be held on
September 24, 2024, commencing at 5:00 p.m. at the La Quinta City Hall Council
Chamber, 78495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Tania Flores, Secretary of the Planning Commission of the City of La Quinta, do hereby
declare that the foregoing Agenda for the Commission meeting of September 10, 2024,
was posted on the City's website, near the entrance to the Council Chamber at 78495
Calle Tampico and the bulletin board at 51321 Avenida Bermudas, on September 5,
2024.
DATED:
September 5, 2024
Tania Flores, Commission Secretary
City of La Quinta, California
PLANNING COMMISSION AGENDA
Page 2 of 4 SEPTEMBER 10, 2024
PAGE
21
35
Public Notices
• Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La
Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the
City's website at https://www.laquintaca.gov/business/boards-and-commissions/planninq-
commission, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats.
2022, Ch. 971)].
• The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please contact Commission Secretary at (760) 777-7023, 24 -
hours in advance of the meeting and accommodations will be made.
• If background material is to be presented to the Commission during a Commission meeting,
please be advised that 10 copies of all documents, exhibits, etc., must be supplied to the
Commission Secretary for distribution. It is requested that this takes place prior to the
beginning of the meeting.
PUBLIC COMMENTS — INSTRUCTIONS
Members of the public may address the Commission on any matter listed or not listed on the
agenda as follows:
WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by
submitting 10 copies to the Commission Secretary, it is requested that this takes place prior to
the beginning of the meeting; or can be emailed in advance to TFlores@LaQuintaCA.gov, no later
than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to the
Commission, made public, and will be incorporated into the public record of the meeting, but will
not be read during the meeting unless, upon the request of the Chair, a brief summary of public
comments is asked to be reported.
If written public comments are emailed, the email subject line must clearly state "Written
Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter.
VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a
"Request to Speak" form and submitting it to the Commission Secretary; it is requested that this
takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes
(or approximately 350 words). Members of the public shall be called upon to speak by the Chair.
In accordance with City Council Resolution No. 2022-028, a one-time additional speaker time
donation of three (3) minutes per individual is permitted; please note that the member of the public
donating time must: 1) submit this in writing to the Commission Secretary by completing a
"Request to Speak" form noting the name of the person to whom time is being donated to, and 2)
be present at the time the speaker provides verbal comments.
Verbal public comments are defined as comments provided in the speakers' own voice and may
not include video or sound recordings of the speaker or of other individuals or entities, unless
permitted by the Chair.
Public speakers may elect to use printed presentation materials to aid their comments; 10 copies
of such printed materials shall be provided to the Commission Secretary to be disseminated to
PLANNING COMMISSION AGENDA
Page 3 of 4 SEPTEMBER 10, 2024
the Commission, made public, and incorporated into the public record of the meeting; it is
requested that the printed materials are provided prior to the beginning of the meeting. There
shall be no use of Chamber resources and technology to display visual or audible presentations
during public comments, unless permitted by the Chair.
All writings or documents, including but not limited to emails and attachments to emails, submitted
to the City regarding any item(s) listed or not listed on this agenda are public records. All
information in such writings and documents is subject to disclosure as being in the public domain
and subject to search and review by electronic means, including but not limited to the City's
Internet website and any other Internet Web -based platform or other Web -based form of
communication. All information in such writings and documents similarly is subject to disclosure
pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].
TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285),
codified in the Brown Act [Government Code § 54953], if a member of the Commission requests
to attend and participate in this meeting remotely due to `just cause" or "emergency
circumstances," as defined, and only if the request is approved. In such instances, remote public
accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this
Agenda.
*** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449***
APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT
Verbal public comments via Teleconference — members of the public may attend and
participate in this meeting by teleconference via Zoom and use the "raise your hand" feature
when public comments are prompted by the Chair; the City will facilitate the ability for a member
of the public to be audible to the Commission and general public and allow him/her/they to speak
on the item(s) requested. Please note — members of the public must unmute themselves
when prompted upon being recognized by the Chair, in order to become audible to the
Commission and the public.
Only one person at a time may speak by teleconference and only after being recognized by the
Chair.
ZOOM LINK:
Meeting ID:
Or join by phone:
https://us06web.zoom.us/j/82853067939
828 5306 7939
(253) 215 — 8782
Written public comments — can be provided in person during the meeting or emailed to
TFlores@LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be
distributed to the Commission, made public, incorporated into the public record of the meeting,
and will not be read during the meeting unless, upon the request of the Chair, a brief summary of
any public comment is asked to be read, to the extent the Committee can accommodate such
request.
PLANNING COMMISSION AGENDA
Page 4 of 4 SEPTEMBER 10, 2024
CALL TO ORDER
CONSENT CALENDAR ITEM NO. 1
PLANNING COMMISSION
MINUTES
TUESDAY, JUNE 25, 2024
A regular meeting of the La Quinta Planning Commission (Commission) was called to
order at 5:02 p.m. by Chairperson Nieto.
PRESENT: Commissioners Caldwell (via teleconference), Guerrero, Hassett,
Hernandez, McCune, Tyerman, and Chairperson Nieto
ABSENT: None
STAFF PRESENT: Design and Development Director Danny Castro, Public Works
Director Bryan McKinney, Planning Manager Cheri Flores, Senior
Planner Scott Nespor, Associate Planner Siji Fernandez, and Deputy
City Attorney Jessica Sanders
PLEDGE OF ALLEGIANCE
Commissioner Hassett led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None.
CONFIRMATION OF AGENDA
MOTION — A motion was made and seconded by Chairperson Nieto/Commissioner
Guerrero to confirm the agenda as published. Motion passed unanimously.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None.
CONSENT CALENDAR — None.
BUSINESS SESSION — None.
STUDY SESSION — None.
PUBLIC HEARINGS
1. CONTINUED FROM MAY 28, 2024: CONSIDER RESOLUTIONS RECOMMENDING
CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT REPORT (EA2017-0008,
SCH# 2018011023) AND DIRECT STAFF TO PREPARE FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVE GENERAL
PLAN AMENDMENT 2017-0002, ZONE CHANGE 2017-0002, SPECIFIC PLAN
PLANNING COMMISSION MINUTES
Page 1 of 5 JUNE 25, 2024
5
2017-0004, TENTATIVE TRACT MAP 2017-0008 (TTM 37387) AND
DEVELOPMENT AGREEMENT 2021-0001 FOR THE TRAVERTINE PROJECT
CONSISTING OF 1,200 RESIDENTIAL UNITS, 45,000 SQUARE FOOT HOTEL
WITH 100 VILLAS, SPA AND WELLNESS CENTER AND OTHER COMMERCIAL
AND RECREATIONAL USES; CEQA: AN ENVIRONMENTAL IMPACT REPORT
(EA2017-0008, SCH# 2018011023) HAS BEEN PREPARED FOR THE PROPOSED
PROJECT; LOCATION: SOUTH OF AVENUE 60, WEST OF MADISON STREET,
AND NORTH OF AVENUE 64
DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS —
Commissioner Tyerman said he had attended project presentations and site visits hosted
by the applicant. He had also been approached by numerous members of the public who
provided opinions on the project. Commissioner McCune said he attended a project
presentation and site visit hosted by the applicant. Commissioners Caldwell, Guerrero,
Hassett, and Hernandez each stated that they had attended project presentations by the
applicant but had not visited the site or had any other contacts. Chairperson Nieto said
that he attended project presentations by the applicant and had visited the site
independently.
Planning Manager Flores presented the staff report, which is on file in the Design and
Development Department.
Staff answered questions regarding the traffic study, analysis, and modeling, specifically
at the roadway crossing at Dike No. 4; visuals or engineering drawings available for the
roadway crossing at Dike No. 4; visual aesthetics of traffic over Dike No. 4 night; Avenue
58 extension of Jefferson included in the Draft Environmental Impact Report (EIR);
roadway and bridges equate to a less than significant impact according to the Draft EIR.
CHAIRPERSON NIETO NOTED THE PUBLIC HEARING REMAINED OPEN FROM THE
MAY 28, 2024, PLANNING COMMISSION MEETING.
PUBLIC SPEAKER: Mark Rogers, Principal with TRG Land, and Applicant for the project,
answered questions regarding the construction, design, and visuals of the Avenue 62
roadway crossing over Dike No. 4 and the Jefferson Street crossing over the Guadalupe
Dike; use of arch culverts and guardrails in roadway elevation; and the maximum height
at the crossings.
PUBLIC SPEAKER: Bill Lawson, Principal Partner of Urban Crossroads and noise
consultant for the project, answered questions regarding the noise study methods of
analysis; significant noise increases at the study area labeled L7 (east of the project site
near existing homes); traffic and noise calculations used for day and night; noise levels
of large trucks over the elevated roadway; modeling timeline to 2040 and beyond;
analysis of electric vehicle (EV) noise levels; design components (vegetation, wall, trees,
etc.) on the crossing to mitigate traffic noise; unusual current traffic count results and
future buildout projections.
PLANNING COMMISSION MINUTES
Page 2 of 5 JUNE 25, 2024
6
Mr. Rogers answered additional questions regarding current and projected traffic counts;
possibility of changes to elevated roadway over Dike No. 4; and the use of modeling in
traffic analysis.
Mr. Lawson answered additional questions regarding noise decibel calculations,
modeling, and thresholds identified in the noise analysis; and traffic study vehicle mix and
day/night sections.
Mr. Rogers answered additional questions regarding the sloping and embankment of the
emergency vehicle access (EVA) road from Madison Street; line of sight visuals of EVA
road from Trilogy community; vehicle lights impacting visuals and aesthetics; entitlements
securing the Jefferson Street extension; infrastructure improvements required to support
the project and accessibility of these improvements through Jefferson Street and Madison
Street EVA; short-term vacation rental (STVR) permitting and management; HOA
management of STVR; boutique wellness center; roadway design components to
increase visual aesthetics.
CHAIRPERSON NIETO CALLED FOR A BRIEF RECESS AT 6:38 P.M.
CHAIRPERSON NIETO RECONVENED THE COMMISSION MEETING AT 6:54
P.M. WITH ALL COMMISSIONERS PRESENT (COMMISSIONER CALDWELL VIA
REMOTE ACCESS)
Planning Manager Flores stated that written comments were received before the start of
the meeting, which had been distributed to the Commission, and one that was received
after the public comment deadline, which would be published in the final record of the
meeting.
PUBLIC SPEAKER: Donna Williams, La Quinta — expressed concern that the Final EIR
with public and agency comments had not been reviewed before this public hearing to
consider the proposed Travertine project.
PUBLIC SPEAKER: Alena Callimanis, La Quinta (received donated time from Carolyn
Winnor) — opposed to the project due to negative visual impacts to the Trilogy community
due to the elevated roadway at Avenue 62 over Dike No. 4; and recommended the
primary entrance to the project be moved to the proposed future Jefferson Street
extension.
PUBLIC SPEAKER: Eddie Chernoff, La Quinta — expressed concerns about the project
using Lexan and polycarbonate for fencing/barriers; opposed to the project due to the
visual effects to the Trilogy community due to the possible lighting of the elevated roadway
of Avenue 62 over Dike No. 4.
PUBLIC SPEAKER: Bryan Williams, La Quinta — opposed to the project due to increased
traffic noise impacts to the Trilogy community of the elevated roadway of Avenue 62 over
Dike No. 4.
PLANNING COMMISSION MINUTES
Page 3 of 5 JUNE 25, 2024
7
PUBLIC SPEAKER: Bryan Levy, La Quinta — opposed to the project due to increased
noise impacts on the Trilogy community.
PUBLIC SPEAKER: Brenda O'Brien, La Quinta — opposed to the project due to negative
visual impacts of the elevated roadway at 62 over Dike No. 4 to the Trilogy community.
PUBLIC SPEAKER: Chris Jones, La Quinta — opposed the project due to negative visual
impacts and increased noise affecting the Trilogy community; and questioned why there
were no concerns about water conservation.
PUBLIC SPEAKER: Fritz Bachli, La Quinta (received donated time from Derek Wong)—
opposed to the project due to increased negative air quality impacts.
PUBLIC SPEAKER: Lou Smaldino, La Quinta (received donated time from Jackie
Smaldino) — opposed to the project due to negative impacts to the Trilogy community of
the elevated roadway at Avenue 62 over Dike No. 4.
PUBLIC SPEAKER: Tim Kraushaar, La Quinta — owner of property within project
boundaries but not a part of the project (identified as NAP on plan); expressed concerns
regarding access to his property and parcels owned by others within the project area and
Jefferson Street extension access.
PUBLIC SPEAKER: Steve Fleisner, La Quinta — opposed to the project due to increased
traffic and its negative visual, noise, and air quality impacts on the Trilogy community due
to the elevated Avenue 62 crossing over Dike No. 4.
PUBLIC SPEAKER: Keith Boyle, La Quinta — opposed to the project due to land being in
a flood -zone area; noise impacts; and limited emergency fire access.
CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 7:51 P.M.
Commission discussion followed regarding roadway and project access concerns
including Avenue 62 elevated roadway over Dike No. 4 and the proposed Jefferson Street
extension and phasing of that extension; visual, noise, traffic, and environmental impacts;
Draft EIR's analysis of the noise and traffic; future construction of the Jefferson Street
extension; emergency vehicle access roads; short-term vacation rental permitting; project
and site development plan design, scale and density; flood zone designation of the
project; and possible recommendations to Council including additional conditions of
approval.
MOTION — A motion was made and seconded by Commissioners Hasset/Guerrero to
adopt Planning Commission Resolution No. 2024-008 to recommend Council certify an
Environmental Impact Report (EA2017-0008, SCH#2018011023) for the Travertine
project and direct staff to prepare Findings and a Statement of Overriding
Considerations., as recommended. Motion passed unanimously.
PLANNING COMMISSION MINUTES
Page 4 of 5 JUNE 25, 2024
8
MOTION — A motion was made and seconded by Commissioner Guerrero/Chairperson
Nieto to adopt Planning Commission Resolution No. 2024-009 to recommend City
Council approval of General Plan Amendment 2017-0002, Zone Change 2017-0002,
Specific Palm 2017-0004, Tentative Tract Map 2017-0008 (TTM 37387), and
Development Agreement 2021-0001 for the Travertine project, as recommended. Motion
passed: ayes — 6, noes — 1 (Tyerman), absent — 0, abstain — 0.
STAFF ITEMS
Planning Manager Flores provided a project update of projects under review, including
status of Jefferson Square Apartments, One Eleven Center Monuments, Sphere of
Influence study, and Highway 111 Corridor Specific Plan; recently approved projects,
including Andalusia, McQuaid Studio, and Rancho La Quinta Clubhouse Remodel;
projects under construction including Five Below, Chick-fil-A, Quick Quack Car Wash,
Village Hospitality Homes, Barcelona Club (formerly Desert Club Apartments); and
recently completed projects including Polo Villas, El Toro Loco, Luna Grill, and Handel's
Homemade Ice Cream.
Staff answered questions regarding a staff level decision approval for an Escape Room
to be located in the Village Shopping Center; status of the property of the former Art
Gallery near Caleo Bay; and commercial development landscaping issues along Highway
111.
COMMISSIONER ITEMS
Staff and the Commission acknowledged Commissioner Caldwell's end of term and last
meeting and thanked her for her service and expertise over the years; Staff added that
the Council would appoint a new Planning Commissioner at their next meeting on June
26, 2024.
ADJOURNMENT
There being no further business, a motion was made and seconded by Commissioners
Caldwell/Hassett to adjourn this meeting at 6:48 p.m. Motion passed unanimously.
Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
PLANNING COMMISSION MINUTES
Page 5 of 5 JUNE 25, 2024
9
STUDY SESSION ITEM NO. 1
City of La Quinta
PLANNING COMMISSION: September 10, 2024
STAFF REPORT
AGENDA TITLE : REVIEW CITY OF LA QUINTA DRAFT STRATEGIC PLAN
RECOMMENDATION
Review the City's draft Strategic Plan.
EXECL IVE SUMMARY
• A Strategic Plan is a living document that is updated periodically as goals are met
and priorities shift.
• The proposed Strategic Plan (Plan) draft is comprised of a Mission Statement,
Sacred Values, and 13 Focus Areas and Goals.
• Staff requests Commission input on the following 6 Focus Areas:
1. Re -envision Highway 111 Plan Implementation
2. Imperial Irrigation District (IID) Equipment/Infrastructure Needs for existing
and future development
3. Underground Utilities
4. Continue to Address Affordable Housing Needs
5. Expand La Quinta's Boundaries
6. Preserve La Quinta's History
FISCAL IMPACT — None
BACKGROUND/ANALYSIS
A Strategic Plan is a living document that is updated periodically as goals are met and
priorities shift.
The proposed draft Plan is the product of a citywide staff collaboration, coupled with
residents' input received at the 2024 annual Community Workshop and a community
outreach meeting held in April 2024. Both events were well -attended and generated
valuable suggestions and ideas.
The Plan is designed to help the City achieve short- and long-term goals that reflect the
City's Sacred Values and align with its Mission Statement. The City has updated its
Sacred Values as listed in the enclosed Attachment 1.
10
The Plan consists of 13 Focus Areas, listed below and also detailed in Attachment 1, and
identifies goals that include action items or steps necessary to reach those goals.
Focus Areas vary from long-range "big rock" projects that may take 20 years to
accomplish while others may be shorter -range and take up to five years. Staff requests
Commission input on the six items listed in bold.
1) Reenvision Highway 111 Plan Implementation
2) IID Lease Equipment Needs
3) Underground Utilities
4) Exemplary Public Safety
5) Be a Leader in Sustainability
6) Marketing and Tourism
7) Broaden Community Involvement
8) Continue to Address Affordable Housing Needs
9) City Boundary Expansion
10) Expand Art in Public Places Expansion
11) Preserve La Quinta's History
12) Enhance Health, Wellness and Recreation Amenities Enhancement
13) Economic Development
Staff anticipates presenting the Plan to Council for feedback and direction in October.
Prepared by: Sherry Barkas, Communications Specialist
Approved by: Cheri Flores, Planning Manager
Attachment: 1. Draft Strategic Plan Overview
11
•
ATTACHMENT 1
LA QUINTA STRATEGIC PLAN
LA QUINTA, CALIFORNIA
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1
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9
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Mission Statement
As the "Gem of the Desert," the City of La Quints is committed to enhancing its
unique natural surroundings to the benefit of its diverse residents through support
for the arts and culture, public safety. affordable housing, sustainable fiscal and
environmental guidelines. multiracial and multigenerational activities and events,
and preservation of its ancient and recent history.
Sacred Values
• Fiscal Sustainability: In La Quinta we are committed to conservative spending
practices. diligently keeping expenditures in check. Each fiscal year, we
allocate surplus funds to reserve accounts. strengthening our capacity to
navigate unforeseen emergencies such as pandemics. major disasters, or
economic downturns.
• Health & Wellness - La Quinta is a place to escape the hustle and bustle of
everyday life. Here, folks can unplug and experience wild wonders, as well as
a legacy of luxury with countless breathtaking trails, community parks, and
spa retreats. It's really no wonder La Quinta is called the "Gem of the Desert".
• Vibrant & Safe Community: Folks will tell you there's something different
about La Quinta - something special. Spend enough time here and you'll see
why. It's the people. Around here. people care and uplift one another. La
Quinta is a community dedicated to supporting the safety and prosperity of
all.
• Cultural Diversity: In La Quinta. we are committed to making meaningful
connections - we celebrate our differences and promote safe and inclusive
messaging and imagery.
• Visually Beautiful City - Surrounded by some of the country's most beautiful
natural landscapes, built amid historic and striking architecture, and run by
community -minded people committed to protecting our environment, La
Quinta is a destination that is defined by its beauty - inside and out. Whether
it's our local ari, our historic buildings, or our striking mountainscapes, La
Quinta shines brightly. 13
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- GIM yu.,L $IJ T -
Implement the Reenvision Highway 111 Plan
Update was given to City Council and Planning Commission in a joint
session on September 26, 2023
The City is challenged with keeping this vital area, which generates about 75% of annual
soles tax revenues. thriving at a time when internet sales are growing. Potential Budget:
$1 million allocated annually; about $5 million allocated to date November 2023.
Goals:
Make the shopping centers appealing to
Highway 111 commuters and residents by
creating attractive streets and landscaping,
walkable spaces, retailtainment and mixed use
developments.
Entice existing property owners to be part of
the vision for the future.
Make the corridor attractive to developers and
businesses wanting to be part of Highway 111 in
La Quinta.
Address IID Lease Expiration, Equipment Needs
A study session held to consider a cost -share pion to include developers
and the City for equipment upgrades on January 16, 2024
An agreement between IID and CVWD expires in 2032. Stakeholders, including La
Quinta. are exploring options for continued electrical service if that is no longer IID,
and aging equipment upgrades and replacement.
•
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Goals:
Determine what is the best option for a
service provider for the City of La Quinta's
residents and businesses.
Determine what is needed to ensure the City
has electricity for growing need by current,
future users
14
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- GIN' y.K OLSLAT -
Underground Utilities
Estimated costs and funding options were discussed by Council on
December 19, 2023
The City is exploring the feasibility of undergrounding utility cables. something
residents and officials have long wanted to see get done.
Goals:
1st Goal: Explore various options for a
comprehensive plan to underground
utilities, including but not limited to
establishing an undergrounding utility
district(s), or establishing a developer in -
lieu fee for undergrounding utilities.
Exemplary Public Safety
La Quinta has some of the lowest crime rates in the valley, even so crimes do
occur and with additional tools and education, residents and businesses can better
protect themselves from becoming victims.
Goals:
Educate residents. business community
how they can protect themselves.
0Ca C2tara
- Ow 0/SLAT -
Be a Leader in Sustainability
La Quinta has been a leader in recycling with near 100% participation by our
businesses. and has taken steps to reduce our carbon footprint with roundabouts
and road diets, and converted turf to desert scope at our parks, medians, and
buildings including City Hall. We have more than 80 miles of designated bike lanes
and paths with CV Link under construction and construction soon to start on the
Art & Music Line which will connect with Bear Creek Trail and CV Link. We strive to
do more to ensure our natural assets/habitats are preserved for generations to
come. including educating our residents and businesses on often -changing
recycling, water conservation and energy usage.
Goals:
Increasing shredding, electronic waste
and household hazardous waste
collections are City Hall
Add solar and/or other energy-saving
options at City Hall/buildings
Meet State's yearly composting/mulching
mandates of 3,300 tons of mulch
— GEM 14e DESERT —
Marketing and Tourism
La Quinta was built on tourism with the opening of the La Quinta Hotel in 1926. The
City's Marketing and Tourism strategy focuses on both tourism and community
outreach. With on emphasis on educating and informing local residents as well as
reaching direct flight markets, the City thrives on awareness of top marketing
trends and strategies.
Goals:
Create a marketing and outreach plan
focused on residents.
Attract new businesses and large-scale
Make La Quinta recognizable as a
destination spot for travelers on its own,
not just as one of nine cities under the
Greater Palm Springs umbrella.
Broaden Community Involvement
Many of La Quinta's residents are involved in their community, serving on our
various Boards and Commissions, attending and participating in our annual
workshop, volunteering at the Art Celebration, and more. The City wants to
provide opportunities for more to be involved, including our youth.
Goals:
Establish a Youth Collective for high school-
age students that gets them hands-on
experience and understanding of how the
City operates.
Create a program, maybe a Civic Academy,
for all ages that opens communication, gives
participants an inside look at City Hall and
the roles of each department, the Council
and various commissions. 17
4C2tara
- GIM y.6, 1:1Su}T -
Continue to Address Affordable Housing Needs
Like most California cities, La Quinta needs more workforce housing, generally
called "affordable housing."
Goals:
Implement the 2022-2029 Housing
Element.
The City needs to add 1,530 very low- to
above moderate income level housing
units by 2029. In the next three to five
years. Design and Development planning
staff should work with developers to
facilitate residential development with a
readiness to build.
Expansion of La Quinta's Boundaries
Council revievved the findings of a study looking at the fiscal impacts of
annexation of about 7.655 acres on April 4, 2023
The City is studying the feasibility of expanding La Quinta's boundaries and/or
annex its Sphere of Influence.
Goals:
Determine if it is feasible for the City to annex
7,665 acres that include Vista Santa Rosa.
Expand Art in Public Places
Art has been part of La Quinta's foundation since the first elected City officials laid
out a goal to make the City the center for arts and culture for the Coachella
Valley.
Goals:
Add more pieces and expand on
public interest and knowledge of
each art piece.
Create an art tour of the City's public
art pieces people can take on their
own virtually or led by volunteer
docents.
Preserve La Quinta's History
La Quinta is rich in history dating back to ancient Lake Cahuilla and the earliest
settlers, the Desert Cahuilla.
Goals:
Preserve the historic documents and
memorabilia the Museum and
Historical Society possess.
Finalize Plans for Cultural Campus
Preserve the casita recently purchased
by the City at Calle Tampico and
Eisenhower Drive, one of the oldest in
the City, and determine a use for
the building.
4C2tara
— GIM ..j a6, 1:1Su}T —
Enhance Health / Wellness & Recreation Amenities
The City is a great place for those who enjoy an active lifestyle to call home or
visit, with numerous parks, hiking trails, golf courses and more.
Goals:
Add and replace equipment and amenities
at City parks throughout La Quinta.
Create a Community Gardens Program
Fritz Burns Park renovation.
Economic Development
La Quinta has a high business retention rate largely due to the City's commitment
to making it as simple as possible for businesses to open in LQ and helping them
thrive.
Goals:
Streamline the permitting process.
Continue to build on the relationship
the City has with its businesses to
ensure they continue to succeed.
STUDY SESSION ITEM NO. 2
City of La Quinta
PLANNING COMMISSION MEETING September 10, 2024
STAFF REPORT
AGENDA TITLE• DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL
DISTRICTS PER LA QUINTA MUNICIPAL CODE SECTION 9.60.170
RECOMMENDATION
Discuss special event regulations in residential districts per La Quinta Municipal Code
section 9.60.170.
EXECUTIVE SUMMARY
• City Council held study session discussions at their regular meetings on May 21,
2024, and July 2, 2024, regarding special event regulations in residential districts.
• This report outlines the current special event regulations in residential districts
pursuant to La Quinta Municipal Code (LQMC) section 9.60.170, related review and
approval processes, and Council's feedback on updating the regulations.
BACKGROUND
Special events are allowed in residential and non-residential zones per Title 9 of the LQMC.
Special events in residential districts are defined in Section 9.60.170 as follows
(Attachment 1):
• Pageants, fairs, carnivals, large athletic events, religious or entertainment events,
block parties, large neighborhood or community gatherings
• Events at privately owned dwellings involving two or more of the following
characteristics:
✓ Outdoor amplified music
✓ A stage or staging
✓ Event lighting
✓ Tents
✓ Additional parking accommodations
✓ Traffic restrictions
✓ Other characteristics consistent with larger gatherings that are not consistent
with occasional residential parties or small events
• Events at Short -Term Vacation Rental (STVR) properties that exceed the allowed
daytime occupancy based on the approved number of bedrooms pursuant to LQMC
Section 3.25.070.
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Special Event Tiers
Special events are categorized into three tiers, as summarized below. Each tier has
different application deadlines, public hearing and related noticing requirements, and
approval authorities based on the number of special events planned at a residential
property per year. All tiers have similar review processes and require neighborhood
noticing 14 days in advance of each event. All application decisions, regardless of approval
authority, can be appealed by the applicant within 15 days from issuance.
Tier 1: 1-3 Events
Allow up to three events per year which are reviewed at staff level with no public hearing.
The application submittal deadline is 45 days prior to the first event. The City Manager or
designee may allow expedited applications to be submitted later than the 45 -day deadline
and appeal procedures suspended if the proposed event(s) meets certain criteria as
summarized below.
• Limited parking and traffic impacts,
• No outdoor tents or other structures requiring building permit,
• Limited or no outdoor amplified music,
• No permit from the Department of Alcoholic Beverage Control needed,
• Applicant certifies these limitations will apply and be enforced.
Tier 2: 4-11 Events
Allow 4-11 events per year which are considered by the Design and Development Director
at a noticed public hearing. Applications must be submitted 90 days prior to the first event.
Tier 3: 12+ Events
Allow 12 or more events per year which are considered by the Planning Commission at a
noticed public hearing. Applications must be submitted 90 days prior to the first event.
Public Hearing Noticing — Tiers 2 and 3
Public Hearings are noticed pursuant to the LQMC Section 9.200.100 by publishing an
advertisement in the Desert Sun newspaper ten days prior to the hearing and mailing the
notice to all parcels within a 500 -foot radius of the subject property. A decision is rendered
by the applicable authority depending on the tier category, as noted above.
Review Process
Special event application submittals, along with related supporting documents and exhibits
[site plans, description of the event including date, hours of operation, set-up and tear -
down times, parking accommodations, types of event structures (tents, stages, etc.), food
service accommodations, list of vendors, and electrical equipment to be used)] are
circulated for staff review (Planning, Building, Public Works, Traffic, Code, Fire, and
Sheriff's Departments) to determine applicable conditions of approval (COAs) to ensure
compliance and mitigate any potential effects to the surrounding areas. This review is
completed within three weeks and staff issues a comment letter to the applicant noting any
corrections or if additional information is needed. Once the applicant resubmits, another
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three-week review is conducted. Once all corrections have been satisfied, staff issues an
approval letter listing out applicable COAs identifying actions the applicant needs to
complete prior to, during, and after an event to prevent any potential effects related to fire
services, parking, noise, trash, etc. Attachment 2 includes a sample set of COAs that have
been included with previously approved special events.
ANALYSIS
The table below lists the number of residential special event applications submitted and
approved over the last six years, from 2018 to present.
Year
Special Event
Applications Submitted
*Special Event
Applications Approved
2018
20
16
2019
10
8
2020
4
3
2021
3
0
2022
3
4
2023
4
3
2024
4
4
Total
48
38
* Applications may be withdrawn, denied, or approved in the next calendar year, depending
on the application submittal date.
Of the 38 special event applications approved:
• 74% (or 28 applications) were for events at STVR properties
o 19 applications were within STVR exempt areas
• 92% (or 35 applications) were for events at large estate -type properties
• 30% (or 11 applications) were for events held at the Mery Griffin Estate
• Over half of the events held were weddings, corporate events, birthday parties,
fundraisers, receptions, and the remaining events were related to the music
festivals.
Of the 48 applications submitted, 96% (or 46 of the applications) were for Tier 1; only two
applications were for Tier 2, of which one was approved, and no applications were
submitted for Tier 3.
The number of special event applications has dropped since 2020 following the COVID-19
pandemic and has remained consistent over the last five years, averaging about three or
four applications submitted and approved per year.
COMMON CONCERNS
Common concerns associated with properties holding special events:
• Poor management by event holder or property manager that does not provide
adequate resources to address fluid situations of events leading to:
o Attendance exceeding special event approval
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o Parking and/or traffic disruptions on surrounding streets
o Amplified music and noise beyond the applicant's stated timeframe for the
event
• Late special event application submittals (submitted after LQMC deadlines)
CODE AMENDMENTS FOR CONSIDERATION / COUNCIL FEEDBACK
At the July 2 Study Session, Council suggested the following amendments to the code:
1. Eliminate special event tiers under LQMC Section 9.60.170 and process
applications individually so that each event is considered on its own merits to be
approved by the Design and Development Director.
This change would eliminate the three tiers for special event applications in one
year: Tier 1: 1-3 events, Tier 2: 4-11 events, and Tier 3: 12+ events, and would
require a special event application for each single special event.
2. Require that a finding must be made that a parking plan demonstrates sufficient
parking is available for the anticipated attendance and that the potential impacts on
the surrounding residential streets will be minimized, to the satisfaction of the Design
and Development Director. This would allow staff to evaluate the parking impacts
on the surrounding neighborhood and impose conditions if necessary, such as a
combination of off-street/on-street parking and/or shuttle service or any other off-
site parking accommodations.
3. Eliminate subsection A(3) of LQMC section 9.60.170 requiring a special event
approval for STVR properties exceeding the total daytime number of occupants
allowed pursuant to LQMC section 3.25.070, and instead consider the following:
A. Let the criteria as provided in subsection A(2) determine if a special event is
triggered:
Events at privately owned dwellings involving two or more of the following
characteristics:
✓ Outdoor amplified music
✓ A stage or staging
✓ Event lighting
✓ Tents
✓ Additional parking accommodations
✓ Traffic restrictions
✓ Other characteristics consistent with larger gatherings that are not
consistent with occasional residential parties or small events.
Or
B. Prohibit special events at STVR properties, except for:
✓ STVR properties subject to an exemption pursuant to LQMC sections
3.25.055 and 3.25.057 , referred to as "exempt properties," and
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V STVR properties to be personally used by the property owner only to hold a
family event (child's wedding; personal birthday, anniversary, memorial
celebration, etc.) pursuant to an affidavit signed under penalty of perjury and
subject to special event approval and related COAs.
4. Establish administrative citations for violations of special event regulations,
including violations of conditions of approval or any other provisions of the LQMC
would be a similar citation structure as provided in the STVR regulations under
LQMC Chapter 3.25, as follows:
First violation: $1,000.00
Second violation: $2,000.00
Third or more violations: $3,000.00
Operating a special event without a valid special event permit:
First violation: $1,500.00
Second violation: $3,000.00
Third or more violations: $5,000.00
In addition to the fines set forth above, the first, second, third, or subsequent
violation of operating a special event without a valid special event permit shall be
cause for an owner to be prohibited for all time from being eligible to be issued a
special event permit for use of the property for a special event.
Hosting a special event at an STVR unit without a special event permit as required
by Section 9.60.170 (or successor provision, as may be amended from time to time)
of this code:
First violation: $3,000.00
Second violation: $5,000.00
5. Establish a two -strikes policy. Subject to a violation reprieve request, two (2)
violations of the special event regulations, violations of any conditions of approval
or other provisions of the LQMC within one (1) year by any applicant, occupant,
responsible party, owner(s) or owner's authorized agent or representative, shall
result in an immediate suspension of allowing any further special events at the
subject property with subsequent ability to have a hearing before the City, to request
a lifting of the suspension.
Prepared by: Cheri Flores, Planning Manager
Danny Castro, Design and Development Director
Attachments: 1. La Quinta Municipal Code Section 9.60.170
2. Sample of Current Conditions of Approval
25
9.60.170 - Special events—Residential.
ATTACHMENT 1
A. Special Events. Within residential districts, or residential areas for property or parcel(s) zoned
mixed-use (referred to in this section as "residential district(s)"), special events shall include, but
are not limited to:
1. Pageants, fairs, carnivals and large athletic events, religious or entertainment events, block
parties, large neighborhood or community gatherings.
2. Events at a privately owned residential dwelling, such as, but not limited to, a single-family
detached or multiple -family attached unit, apartment house or complex, condominium,
cooperative apartment, duplex, or any portion of such dwellings, rented for compensation or
without compensation for the purpose of staging a special event that includes a combination
of any two (2) or more of the following characteristics: outdoor amplified music, a stage or
staging, event lighting, tents, additional parking accommodations, traffic restrictions, and
other characteristics consistent with larger gatherings that are not consistent with occasional
residential parties or small events.
3. Events at a short-term vacation rental unit property or parcel(s) that exceeds the total
daytime number of occupants allowed pursuant to Section 3.25.070.
B. Standards. Special events are permitted in residential districts as indicated in Table 9-1 with the
approval of a temporary use permit or conditional use permit, in accordance with the following:
1. One (1) special event may not exceed three (3) consecutive days.
2. A minor temporary use permit may be processed and issued if no more than three (3) special
events occur at a single-family detached or multiple -family attached unit, short-term vacation
rental, apartment house, condominium, cooperative apartment, duplex, or any portion of
such dwellings in a calendar year.
3. A major temporary use permit may be processed and issued if more than three (3) but less
than twelve (12) special events occur at a single-family detached or multiple -family attached
unit, short-term vacation rental, apartment house, condominium, cooperative apartment,
duplex, or any portion of such dwellings in a calendar year subject to approval at a public
hearing of the director.
4. Special events that occur more than eleven (11) times in a calendar year may be permitted at
a single-family detached or multiple -family attached unit, short-term vacation rental,
apartment house, condominium, cooperative apartment, duplex, or any portion of such
dwellings subject to the approval of a conditional use permit at a public hearing of the
planning commission in accordance with this section and the municipal code.
5. An application for a minor temporary use permit for special events shall be submitted to the
design and development department no later than forty-five (45) days prior to the proposed
special event. An application for a major temporary use permit or conditional use permit for
26
special events shall be submitted no later than ninety (90) days prior to the proposed special event.
6. The city manager or designee may allow for an expedited application of a minor temporary
use permit, which may be submitted later than the application deadlines set forth in the
subsection above, and may suspend the appeal procedures after a decision of the permit is
rendered, if the special event will have limited parking and traffic impacts, will not have
outdoor tents or other structures that require a building permit, will have limited or no
outdoor amplified music, will not require a permit from the California Department of
Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event
certifies that these limitations will apply and be enforced.
7. Findings. The following findings shall be made by the decision-making authority in conjunction
with approval of either a minor or major temporary use permit, or conditional use permit:
a. The event will not be detrimental to the health, safety and general welfare of the
community in the area of the proposed event.
b. There is adequate area to conduct the event and to accommodate the anticipated
attendance.
c. Sufficient parking will be provided for the anticipated attendance.
d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods
and potable water service have been provided. (Approval by the health officer may be
required.)
e. Fire protection plans and facilities have been provided to the satisfaction of the fire
marshal.
f. Security plans and facilities have been provided to the satisfaction of the sheriff.
g. Public roadways providing access to the event are capable of accommodating the
anticipated traffic volumes in a reasonable and safe manner with minimal disruption to
local traffic circulation.
8. Regardless of the number of attendants, activities conducted on property owned by or leased
to the city or on public rights-of-way may require an encroachment permit issued by the city
manager or designee.
9. A cash bond or other guarantee as determined by the city manager or designee for removal
of the temporary use and cleanup and restoration of the activity site within seven (7) days of
the activity conclusion may be required.
10. Applications for permits or certificates required by this section shall be referred by the design
and development department to other affected departments, cities or public agencies as may
be appropriate for review and comment.
27
11. The applicant shall provide evidence that the applicant mailed or delivered written
notification of the special event(s) to all property owners shown on the last equalized county
assessment roll and all occupants of each dwelling unit within five hundred (500) feet of the
proposed special event property. Such notice shall be issued no later than fourteen (14) days
prior, and completed no more than seven (7) days prior to the special event. The notice shall
include:
a. The date, time, hours of operation and complete description of all activities for the event
as required to be submitted as part of the application.
b. The name and twenty-four (24)-hour contact phone number of the local contact person
for the property and the police department.
12. Signs for pageants, fairs, carnivals and large athletic events, religious or entertainment events,
block parties, large neighborhood or community gatherings shall be allowed as follows:
a. Maximum of one (1) temporary banner per street frontage, not to exceed thirty-two (32)
square feet.
b. Maximum one (1) temporary portable sign on- or off-site on private property, not to
exceed fifty-five (55) square feet.
c. Maximum thirty off-site temporary directional signs, nine (9) square feet in area, subject
to the provisions of Section 9.160.060, subsections C through H, with the exception of
subsection E.
d. Maximum fifteen (15) bunting signs, with maximum size to be approved by the city
manager or designee.
e. Posting period, locations and related details shall be as approved in the temporary use
permit for the event.
f. Other signs and advertising devices, such as pennants, flags and A-frame signs are
prohibited.
13. Related issues, including, but not limited to, police and security, food and water supply,
consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities,
medical services, noise, signage, fire protection and traffic control, shall be satisfactorily
addressed by the applicant, as required by the city manager or designee, sheriff, fire chief or
health officer in their administration of other city codes. Such other codes may require the
applicant to obtain permits such as building, electrical, County Health, California Department
of Alcoholic Beverage Control and tent permits.
14. A permit may be issued for special events in nonresidential districts or at nonresidential areas
of mixed-use property or parcel(s) pursuant to Section 9.100.130 of this code.
C. Violations. A violation of this section may include any of the following:
28
1. Permit Limitation. The city manager or designee may summarily deny, suspend, or revoke any
current or pending temporary use permit, minor use permit, or conditional use permit
pursuant to the provisions set forth in Section 2.04.100 (Appeals to Council) of Chapter 2.04,
or other applicable procedural provisions in the municipal code, for any or all of the following:
(a) A violation by the applicant, occupants, responsible party, owner(s) or the owner's
authorized agent or representative of any of the conditions of approval or any provisions in
the municipal code; (b) The applicant, occupants, responsible party, owner(s) or the owner's
authorized agent or representative performs activities described in the application for the
temporary use permit, minor use permit, or conditional use permit in a manner that poses a
threat to the public health and safety, endangers the preservation of property, engages in
activities outside the scope of the activities described in the application, or fails to timely
reimburse the city for costs associated with enforcement of the conditions of approval or any
provisions in the municipal code. Additionally, for any violation under this section or other
provisions of the municipal code resulting from a special event at a short term vacation
rental, the city manager or designee may summarily deny, suspend, or revoke the short term
vacation rental permit and licenses related to the operation thereto. Any revocation of a
temporary use permit, minor use permit, or conditional use permit pursuant to this section,
after notice and public hearing and final determination for revocation, shall result in the
applicant, occupants, responsible party, owner(s) or the owner's authorized agent or
representative, operating under the revoked permit, being ineligible to apply or re-apply for
any special event permit for at least one (1) year.
2. Notice of Violation. The city may issue a notice of violation to any occupant, responsible party,
owner(s) or the owner's authorized agent or representative, pursuant to Section 1.01.300
(Notices—Service) of the municipal code, if there is any violation of this section or any other
provisions of the municipal code, caused or maintained by any of the above parties. The city
manager or designee may suspend any existing permit or pending permit application for a
period of ninety (90) days after a second violation of any of the conditions of approval from an
applicable permit or any provisions of the municipal code. A third violation shall be cause for
automatic revocation by the city manager or designee of any current or pending application
for a temporary use permit, minor use permit, or conditional use permit.
3. Administrative Citation. The city may issue an administrative citation to any occupant,
responsible party, owner(s) or the owner's authorized agent or representative, pursuant to
Chapter 1.09 (Administrative Citation) of the municipal code, if there is any violation of this
section or other provisions of the municipal code, caused or maintained by any of the above
parties. Nothing in this section shall preclude the city from issuing an infraction citation upon
the occurrence of the same offense on a separate day.
4.
29
Misdemeanor Citation. The city may issue a misdemeanor citation to any occupant, responsible party,
owner(s) or the owner's authorized agent or representative. Every violation of this section or other
provisions of the municipal code is a misdemeanor and punishable by a fine not exceeding five hundred
dollars ($500.00) or imprisonment in the county jail for not more than six (6) months or by both such fine
and imprisonment. Every violation of the conditions of approval of a temporary use permit, minor use
permit, or conditional use permit is a misdemeanor and punishable by a fine not exceeding one thousand
dollars ($1,000.00) or imprisonment in the county jail for not more than six (6) months or by both such fine
and imprisonment.
5. Additional Conditions. A violation of any provision of this section or other provisions of the
municipal code by any of the occupants, responsible party, owner(s) or the owner's
authorized agent or representative shall authorize the city manager, or designee, to impose
additional conditions on temporary use, minor use, or conditional use permit to ensure that
any potential additional violations are avoided.
6. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a
violation of this section or other provisions of the municipal code, which shall be subject to
the provisions of Section 1.01.250 (Violations public nuisances) of Chapter 1.01 (Code
Adopted).
(Ord. 552 § 1, 2017; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)
30
ATTACHMENT 2
Sample Conditions of Approval
Completion/confirmation prior to start of the event:
1. The applicant agrees to indemnify, defend, and hold harmless the City of La Quinta ("the
City"), its agents, officers, and employees from any claim, action, or proceeding to attack,
set aside, void, or annul the approval of this temporary use permit. The City of La Quinta
shall have sole discretion in selecting its defense counsel. The City shall promptly notify
the applicant of any claim, action, or preceding and shall cooperate fully in the defense.
2. The event is approved for (DATE), from (TIME). The total number of event attendees shall
not exceed (NO. OF ATTENDEES) on-site at any given time. The applicant is required to
maintain a count of all event attendees on-site at all times during the event. The event
count shall be maintained by the applicant and made available upon request by the Police
Department, Fire Department, and/or City Staff. The Police department and/or Fire
Department can request a reduction of total event participants if the number of participants
is detrimental to the health, safety, and general welfare of the community in the area of
the proposed event.
3. The applicant shall provide notification of the event to properties and Home Owner's
Associations within 500 feet of the event site at least fourteen (14) days prior to the event.
Notification shall include date, time, event scope, and contact information. Proof of
notification shall be provided to the Design and Development Department at least seven
(7) days prior to the event and shall include the following:
a) a map showing all properties within a minimum 500 -foot radius of subject property,
b) a typed list of all property owners and their mailing addresses within a 500 -foot
radius, and all residents/tenants of said properties,
c) photographic evidence of addressed envelopes,
d) copy of the written notification, and
e) signed affidavit by the applicant that notices have been mailed or delivered.
These items may be emailed to the Planning Division at Planning@LaQuintaCA.gov.
Please provide the case number with correspondence.
4. Applicant shall provide the Design and Development department with a list of contact(s)
who will be on-site during all event hours. Contact(s) will be responsible to respond to
calls or complaints regarding the condition, operation, or conduct of event in a timely and
appropriate manner. Contact information shall be provided to the Design and
Development department.
5. The applicant shall obtain all other applicable permits, if required, from the appropriate
agencies (i.e. Fire Department, Building Department, Sheriff's Department, etc.). Building
permits are required for all structures, including tents and canopies, and portable
generators.
6. Access and egress to all neighboring properties shall be maintained at all times. If access
and egress are not maintained due to impacts related to the event to the satisfaction of
the Code Compliance Division or Police, the event permit may be modified, suspended,
or revoked.
7. All temporary tents and membrane structures having an area in excess of 400 square feet
require permitting from the Fire Department. Exception: Tents open on all sides having a
31
maximum size of 700 square feet, including multiple tents placed side by side, and a
minimum clearance of 12 feet to all structures.
8. Special Inspection permit from the Building Division for the following temporary
installations required:
a. Temporary Electrical Installations. Examples of temporary installations would be
generator use, or setup of any transformers, subpanels or receptacle branch
circuits, but would not necessarily include cord and plug lighting - Compliance with
the California Electrical Code to be demonstrated by plan submittal and review,
this would include generator specifications, whether fuel storage is proposed,
equipment locations, conductor specifications and conductor installation
requirements.
9. This review does not include the use of the main dwelling for assembly purposes or
verification of required plumbing fixtures.
10. Any building, structure, facility, complex or improved area, or portions thereof, which are
used by the general public shall be provided barrier free design to ensure that these
improvements are accessible to and usable by persons with disabilities. Plans shall fully
detail how the proposed festival complies with the California Accessibility Standards
defined in Title 24 Chapter 11B and Federal ADA Regulations.
11. The applicant shall obtain an encroachment permit for off-site signs and traffic controls
placed within the City's right-of-way. Encroachment permit shall include all applicable
insurance, to be provided by City Risk Manager and Public Works.
12. All vendors shall obtain a City Business License. The serving of food and alcoholic
beverages during the event shall be subject to the rules and requirements of the Riverside
County Health Department and State of California Alcoholic Beverage Control,
respectively. Vendors shall have Business Licenses approved prior to the date of the
event.
13. The Design and Development Director may modify Conditions of Approval regarding
business hours, parking, occupancy, and other operational conditions should it be
determined that after an event, the proposed uses or conditions under which the events
are being operated or maintained is detrimental to the public health, welfare, or materially
injurious to property, improvements or other uses in proximity to the subject property, or if
the subject property is operated or maintained so as to constitute a public nuisance.
14. The applicant shall coordinate with the City of La Quinta Code Compliance division to
have noise monitoring information available to Staff during each event. Please contact
Kevin Meredith at (760) 777-7034 to coordinate.
Completion/confirmation during the event:
15. The set-up and operation of the event shall be consistent with the attached exhibits and
event information on file.
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16. Security personnel shall be easily identifiable to the public by the provision of uniformed
personnel. All designated private security personnel must be licensed by the State of
California and possess a valid private security license.
17. The applicant shall conform to the City's Noise Ordinance (Municipal Code Section
9.100.210) and specifically the following noise limitations during the event:
Before 10:00pm: Sixty-five decibels (65 dB(A))
After 10:OOpm: Fifty decibels (50 dB(A))
If the noise consists entirely of impact noise, speech or music, or any combination thereof,
each of the noise levels specific above shall be reduced by five dB(A).
18. Extension Cords: Extension cords shall be over -current protected and/or ground -fault
interrupter protected. No additional taps are to be in any device. All extension cords shall
be of 12/3 gauge wire or greater with approved connectors.
19. Portable Outdoor Gas -Fired Heaters: The storage or use of portable outdoor gas-fired
heating appliances is prohibited inside tents, canopies, and membrane structures. The
heating appliance shall be located not less than 5 feet from buildings, exits, and exit
discharges. The heating appliance shall not be located beneath or closer than 5 feet to
combustible decorations and combustible overhangs, awnings, sunshades, or similar
combustible attachments to buildings. Heating appliances shall be listed and labeled in
accordance with ANSI Z83.26/CSA2.37 and provided with a tip -over switch that
automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees from
vertical.
20. Portable Outdoor Fireplaces: Portable outdoor fireplaces shall be used in accordance
with manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a
structure or combustible material.
21. Food Trucks: All food truck apparatus shall be of the motorized type to provide easy
relocating and evacuation in the event of an emergency or where otherwise required. All
food trucks shall have their own complement of a minimum 2A10BC (51b) fire extinguisher
under the current service tag. All food trucks that have fuel -fire equipment shall be
provided with adequate ventilation and a commercial kitchen hood extinguishing system.
The hood, plenum and duct shall be maintained in a clean and safe operation. The hood
suppression system shall be operational and provided with current service tag.
22. Designated Smoking Areas [CFC 3106.4.5]: Smoking shall be permitted only in
designated areas. Other areas shall have approved "No Smoking" signs conspicuously
posted and maintained.
23. Fireworks/Pyro/Fire Performers: Fireworks, pyrotechnics, or fire performers shall require
an additional permit and approval.
24. No fireworks, open flame, or any other device emitting flame or fire or creating a glow
capable of igniting combustibles shall be permitted.
25. Surrounding roadways and intersections shall remain readily accessible for passage of
emergency response vehicles and private vehicles. There shall be no queuing of vehicles
33
along all surrounding roads for the purposes of dropping off for, picking up for, or entering
the event.
26. Roadways/traffic aisles to structures and activities in and around the event will be
maintained and accessible to emergency vehicles at all times. Parking monitors shall wear
light-colored clothing and reflective vests as needed. Flashlights shall be used after dusk.
27. The event is subject to spot inspections by the Police Department, Fire Department, and/or
City staff to ensure compliance with the conditions of this letter.
28. Furnishings, decorations, or other objects shall not be placed so as to obstruct exits,
access thereto, egress therefrom, or visibility thereof. Hangs and draperies shall not be
placed over exit doors or otherwise be located to conceal or obstruct an exit.
29. Curtains, draperies, hangings, and other decorative materials suspended from walls or
ceilings shall meet the flame propagation performance criteria of CCR Title 19 in
accordance with section 807.2 or be non-combustible. (CFC 807.1)
30. LP -Gas containers- shall be located outside and adequately protected to prevent
tampering, damage by vehicles, or other hazards. Equipment such as tanks, valves,
tubing, and other related components shall be approved.
31. Tents in excess of 400 square feet shall not be erected for any purpose without first
obtaining approval and a permit from the Office of the Fire Marshal.
Completion/confirmation after the conclusion of the event (if necessary):
32. The event site shall be left clean and in its original manner after the event. All event areas
shall be left free of debris after the event concludes.
33. The City of La Quinta Police Department reserves the right to bill the event sponsor for
any lost police time, equipment, and/or any unforeseen loss that may occur due to the
event that requires police action.
34. Any damage to public hardscape caused by this event shall be repaired as directed by the
City Engineer. This includes but is not limited to sidewalks, curb and gutter, landscaping,
and pavement, especially within the surrounding public streets.
34
STUDY SESSION ITEM NO. 3
City of La Quinta
PLANNING COMMISSION MEETING September 10, 2024
STAFF REPORT
AGENDA TITLE: DISCUSS PROPOSED ZONING ORDINANCE AMENDMENT 2024-
0001 FOR ZONING CODE LANGUAGE CLEAN UP AND CHANGES REGARDING:
VILLAGE PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS,
RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT EXPIRATIONS,
AND ACCESSORY DWELLING UNIT (ADU) REGULATIONS
RECOMMENDATION
Discuss proposed Zoning Ordinance Amendment 2024-0001 for zoning code language
clean up and changes including: Bed and Breakfast Inns, residential garage setbacks,
village parking allowances, Temporary Use Permit expirations, and accessory dwelling
unit (ADU) regulations, and provide feedback to Planning Staff.
EXECUTIVE SUMMARY
• Planning Staff periodically reviews the municipal zoning code and proposes
amendments to update or clarify these items.
• The proposed text amendments include changes in sections for vinyl fences, Bed and
Breakfast Inns, residential garage setbacks, village parking allowances, and
Temporary Use Permit expirations.
• The proposed text amendments include updating language to be consistent with State
housing law regulations for ADUs.
BACKGROUND/ANALYSIS
Zoning Text Amendments
The City Council periodically adopts zoning code (Code) updates in order to clean up
language and clarify standards. A matrix of proposed amendments (Attachment 1)
summarizes each amendment and lists the code section where the amendments are
found. The Code amendments are included as text amendment redlines as Attachment
2. The proposed amendments are explained below:
1. Accessory Dwelling Units. Update regulations to be consistent with State
housing law:
a. Allows the separate conveyance of an Accessory Dwelling Unit from a
Primary Dwelling, under certain circumstances, to a qualified buyer, as
defined, in an effort to expand affordable housing options.
35
b. References to the current State codes sections have been updated.
2. Garage setback from front yard. A 25 -foot setback requirement for garages was
modified during the 2023 Zoning Code Update. This revision will make the
residential garage and carport Section 9.60.060 consistent with the Development
Standards Table in Section 9.50.030.
3. Temporary Use Permit. Currently, the Zoning Code does not provide any
guidance for the termination of a Temporary Use Permit. Staff is proposing a
maximum expiration date of 18 months from the approval date and language to
accommodate a request for a maximum 12 -month extension.
4. Village Parking. The proposed update to the Village Build Out Area parking
section will better clarify the 50% parking reduction currently allowed while
continuing to provide flexibility for future development applications in the Village
area.
5. Vinyl Fencing. In response to both the improvement in the quality of vinyl fencing
products and the number of residents inquiring about installing vinyl fencing, this
Code update will allow vinyl fencing in the front yard setback area on a case-by-
case basis, approved by the Design and Development Director.
6. Bed and Breakfast Inns. With the creation of Homeshare Short Term Vacation
Rentals (STVR) in Chapter 3.25, Short Term Vacation Rentals, there are similar
redundant processes with minor differences within the La Quinta Municipal Code
(LQMC). Staff proposes to remove the Bed and Breakfast Inns regulations from
Title 9 to address this. Any existing permitted Bed and Breakfast Inns would be
permitted to continue operation.
Requirement
STVR
Bed and Breakfast Inn
Size
Limited to the number of
bedrooms, 2 occupants
per bedroom
No more than 8 guests in 4
rooms and total area limited to
25% of residence
Term
1 year, with ability to
renew
None, terminates either when
use ends or sale of property
Transferability
Can not transfer to new
property owner
Can not transfer to new
property owner
Separation
Requirement
No separation
requirement
Can not be located within 300
ft of another Bed and
Breakfast Inn
Additional Parking
Required
One on-site parking
space per 4 occupants
allowed under permit
1 space per room
Owners must occupy
residence during
transient stay
Yes
Yes
36
Additional Discussion Items
Hearing Notices for Tentative Maps
Title 13, Subdivision Regulations, of the LQMC, requires publication of a 20 -day Hearing
Notice when a tentative map is processed that requires a CEQA public notice. This
requirement is no longer needed as staff processes CEQA documents for public review
during the application review process in advance of scheduled public hearings. Staff
proposes to remove this requirement to stay consistent with the 10 -day Hearing Notice
requirement currently prescribed in the Zoning Code and State Government Code.
Mills Act
Staff has received an application from a property owner of a home that is identified on the
City's historic resource inventory list to designate their property as a local historic
landmark. The City has Historic Preservation regulations whose purpose is to protect,
enhance, and perpetuate historic resources, landmarks, and districts that represent or
reflect elements of the City's diverse cultural, social, economic, political, and architectural
history and to safeguard the City's historic heritage. Landmark designation procedures
allow any person to request the designation of an improvement (building or site) as a
landmark. The request is considered by the Planning Commission, and a
recommendation is then forwarded to the City Council by resolution to designate,
conditionally designate, or disapprove the designation of the proposed landmark.
The property owner is also interested in entering into a Mills Act agreement with the City.
The City does not have a Mills Act program in place. The Mills Act is a California state
law that allows cities to enter into contracts with the owners of historic structures. Such
contracts require a reduction of property taxes in exchange for the continued preservation
of the property. Under a Mills Act contract, the owners agree to spend the property tax
money that is saved through the Mills Act on preserving and /or restoring their property.
A property must be a locally designated landmark in order to qualify for the Mills Act. Staff
intends to come back with proposed Code regulations regarding Mills Act agreements.
The Mills Act is recognized by the State of California as the "single most important
economic development incentive program in California for the restoration and
preservation of qualified historic buildings by private property owners.
Food Trucks
In response to inquiries from Food Truck operators wishing to operate within the City,
staff is reviewing Food Truck Ordinances adopted by other jurisdictions and will be
preparing a draft Food Truck Ordinance for consideration at a future Public Hearing of the
Planning Commission.
Prepared by: Scott Nespor, Senior Planner
Approved By: Danny Castro, Design and Development Director
Attachments: 1. Zoning Code Change Matrix
2. Zoning and Subdivision Code Changes, with strikeout and redline
sections
37
ATTACHMENT 1
Suggested Change
Affected Code
Section s
Reason(s)
Accessory Dwelling Units (ADU) regulations per
state law
9.60.090
Change section to be consistent with State law—Clean up item.
Minimum garage setback for residential - change
Change section to be consistent with Residential Development
to 20 ft instead of 25 in RL and up
9.60.060
Standards Table 9-2 in Section 9.50.030—Clean up item.
9.40.030,
9.60.270,
Homeshare Short Term Vacation Rentals (STVR) have been
Removal of Bed and Breakfast Inn in residential
9.150.070, and
added to the La Quinta Municipal Codes and the Bed and
zones
9.280.030
Breakfast Inns are an outdated process.
Provisions to allow Vinyl Fencing in the front yard
Allow vinyl fencing in the front yard to allow for flexibility in
setback area
9.60.030
affordable materials.
Provides clarification of the parking reductions allowed with the
9.150.010 and
Village Build Out Area and will continue to provide flexibility for
Clarification of Village Parking Allowances
9.150.050
future development applications.
Clarify use of consistent terminology within section—Clean up
Clarification of Conditional Use Permit expiration
9.210.020
item.
Addition of Temporary Use Permit expiration
Provides expiration dates and extension provisions for
times
9.210.050
Temporary Use Permits.
38
ATTACHMENT 2
9.40.030 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are
permitted within each residential district. The letters in the columns beneath the district designation mean the
following:
"P": Permitted as a principal use within the district.
"PUD": Planned unit development.
"A": Permitted only if accessory to the principal residential use on the site.
"C": Permitted if a conditional use permit is approved.
"M": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit
is approved.
"S": Permitted if a specific plan is approved per Chapter 9.240.
"X": Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low Density
Residential
Low Density Residential
Cove Residential
Medium Density
Residential
Medium -High Density
Residential
High Density Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family detached dwellings
PPPPP
S
Single-family detached patio homes (i.e., "zero lot-
line")
PUD
PUD
PUD
PUD
PUD
PUD
Duplexes (two units on the same lot)
PUD
PUD
X
PUD
P
P
Single-family attached dwellings (two units per
building with each unit on its own lot)
PUD
PUD
X
PUD
P
P
Townhome dwellings (two or more units per building
with each unit on its own lot)
PUD
PUD
X
P
P
P
Condominium multifamily ("airspace" units)
PUD
PUD
X
P
P
P
Apartment multifamily (rental units)
X
X
X
P
P
P
Mobilehome parks
CCCCC
C
Mobilehome subdivisions and manufactured homes
on individual lots, subject to Section 9.60.180
PPPPP
S
Resort residential subject to Section 9.60.310
P
P
X
P
P
P
(Supp. No. 5, Update 3)
Page 1 of 4
Created: 2024-08-07 10:59:35 [EST]
39
Guesthouses, subject to Section 9.60.100
A
A
A
A
A
A
Second residential units subject to Section 9.60.090
A
A
A
A
A
A
Group Living and Care Uses
Child day care facilities as an accessory use, serving 6A
or fewer children, subject to Section 9.60.190
A
A
A
A
A
Child day care facilities as an accessory use, serving
7-14 children, subject to Section 9.60.190
A
A
A
A
A
A
Congregate living facilities, 6 or fewer persons
PP
P
P
P
X
Congregate care facility
CCCCC
C
Residential care facilities, 6 or fewer persons
PP
P
P
P
P
Senior citizen residences, 6 or fewer persons
PP
P
P
P
P
Senior group housing, 7 or more persons
X
X
X
MMM
Time share facilities, subject to Section 9.60.280
MMMMM
M
Bcd and breakfast inns
44
44
44
Supportive housing
X
X
X
P
P
P
Transitional housing
X
X
X
P
P
P
Open Space and Recreational Uses
Public parks, playfields and open space
PP
P
P
P
P
Bicycle, equestrian and hiking trails
PP
P
P
P
P
Clubhouses and community pools/cabanas
PP
P
P
P
P
Unlighted tennis and other game courts on private
property, subject to Section 9.60.150
A
A
A
A
A
A
Lighted tennis and other game courts on private
property, subject to Section 9.60.150
MMMMM
M
Golf courses and country clubs per Section 9.110.040
PP
P
P
P
P
Driving range with or without lights
MM
X
MM
M
Accessory Uses and Structures
Home occupations, subject to Section 9.60.110
A
A
A
A
A
A
Cottage food operations, subject to Section 9.60.115
PP
P
P
P
P
Patio covers, decks, and gazebos, subject to Section
9.60.040
A
A
A
A
A
A
Fences and walls, subject to Section 9.60.030
PP
P
P
P
P
Satellite dishes and other antennas subject to
Section 9.60.080
A
A
A
A
A
A
Swimming pools, spas and cabanas, subject to
Section 9.60.070
A
A
A
A
A
A
Garages and carports, subject to Section 9.60.060
A
A
A
A
A
A
Keeping of household pets, subject to Section
9.60.120
A
A
A
A
A
A
(Supp. No. 5, Update 3)
Page 2 of 4
Created: 2024-08-07 10:59:35 [EST]
40
On lots of 1 acre or more, the noncommercial
keeping of hoofed animals, fowl (except roosters)
and rabbits, subject to Section 9.60.120. Hoofed
animals include horses, sheep, goats, pot bellied
pigs, and similar. The keeping of horses is subject to
Section 9.140.060 and limited to one horse per 2.5
acres.
A
A
X
X
X
X
Other accessory uses and structures which are
customarily associated with and subordinate to the
principal use on the premises and are consistent with
the purpose and intent of the zoning district.
A
A
A
A
A
A
Agricultural Uses
Tree crop farming; greenhouses
P
X
X
X
X
X
Field crop farming
P
M
X
X
X
X
Produce stands, subject to Section 9.100.100
P
T
X
X
X
X
Temporary Uses
Garage sales
A
A
A
A
A
A
Construction and guard offices, subject to Section
9.60.200
A
A
A
A
A
A
Use of relocatable building
M
M
M
M
M
M
Model home complexes and sales offices, subject to
Section 9.60.240
M
M
M
M
M
M
Special outdoor events, subject to Section 9.60.170
M
M
M
M
M
M
Parking of recreational vehicles, subject to Section
9.60.130
A
A
A
X
X
X
Other Uses
Churches, temples and other places of worship
C
C
C
C
C
C
Museum or gallery displaying sculpture, artwork or
crafts, including schools for above, on 20 acres or
more
M
M
M
M
M
M
Community recreational vehicle storage lots,
noncommercial
A
A
X
A
A
A
Communication towers and equipment
(freestanding, new towers) subject to Chapter 9.170
C
C
C
C
C
C
Communication towers and equipment (co -location,
mounted to existing facility) subject to Chapter 9.170
M
M
M
M
M
M
Utility substations and facilities
M
M
M
M
M
M
Public flood control facilities and devices
P
P
P
P
P
P
(Supp. No. 5, Update 3)
Page 3 of 4
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41
Other principal, accessory or temporary uses not in
this table.
Director or planning commission to
determine whether use is permitted
in accordance with Section 9.20.040.
(Ord. 602 Exh. A, 2022; Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 2, 2016; Ord. 523 § 1, 2015; Ord. 515 § 1,
2013; Ord. 512 § 1, 2013; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 §
1, 2005; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
Page 4 of 4
Created: 2024-08-07 10:59:35 [EST]
42
9.60.030 Fences and walls.
A. Purpose. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound
attenuation wall, screen or windscreen. The terms "fence" and "wall" are used interchangeably in this
section to mean any or all of the preceding structures. Rear and side yards shall be completely enclosed and
screened by view -obscuring fencing, walls, or combinations, unless:
1. Adjoining property owners waive the rear or side yard fencing requirements; or
2. The fence abuts open space, such as golf course, lake front, or similar areas; or
3. A minor use permit is approved by the design and development director for an alternative approach.
B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured
from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side,
whichever is higher.
OPEN RAILING UP TO 48" HIGH
ON TOP OF MAX. HEIGHT WALL
FOR PEDESTRIAN SAFETY
MAXIMUM WALL
HEIGHT
INDEPENDENT WALL
.P:
FENCES MORE THAN 30"
APART (between adjacent faces)
SHALL BE CONSIDERED
SEPARATE STRUCTURES FOR
PURPOSES OF MEASURING HEIGHT
INDEPENDENT WALL
{
Measurement of Fence Height
In addition, the following provisions shall apply to the measurement of fence height:
1. Open railings, up to forty-eight (48) inches high, placed on top of a retaining or other wall and required
for pedestrian safety shall not be included in the height measurement.
2. Fences less than thirty (30) inches apart (measured between adjoining faces) shall be considered one
(1) structure and fence height shall be measured from the base of the lower fence to the top of the
higher fence. Fences thirty (30) inches or more apart shall be considered separate structures and their
heights shall be measured independently. The director may require that the area between such fences
be provided with permanent landscaping and irrigation.
C. Fence Heights. The construction and installation of fences shall be in compliance with the following
standards:
1. Within Main Building Area. In the area of a lot where a main building may be constructed, the
maximum freestanding fence height shall be twelve (12) feet.
2. Setback Areas Not Bordering Streets. The maximum fence height shall be six (6) feet within any
required setback area not adjoining a street. Where the elevation of an adjoining building site is higher
than the base of the fence within a side or rear setback area, the height of the fence may be measured
(Supp. No. 5, Update 3)
Page 1 of 4
Created: 2024-08-07 10:59:35 [EST]
43
from the elevation of the adjoining building site to the top of the fence. However, fence height shall
not exceed eight (8) feet measured from either side with the exception of the RC district.
3. Setback Areas Bordering Streets, Alleys and Other Accessway.
a.
b.
c.
Within all districts, the maximum fence height shall be six (6) feet within any front, rear or side
setback area adjoining a public street.
Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a
property line fence separates a front yard on one (1) lot from a rear yard on an adjacent lot, the
maximum fence height shall be six (6) feet.
Arches or trellises up to nine (9) feet in overall height and five (5) feet interior width may be
constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design.
The director may refer arch designs exceeding the standard to the planning commission for
approval.
d. Any portion of a building site where vehicular access is taken shall conform to the access
intersection requirements of subsection (C)(4) of this section.
e. City- or state -required sound attenuation walls bordering freeways or arterial highways may
exceed six (6) feet in height if so recommended by a noise attenuation study and approved by the
director.
f. When there is a combined retaining and garden wall, and the retaining wall exceeds three (3)
feet, the garden wall shall not exceed five (5) feet in height;
4. Adjacent to a Nonresidential Zone or Use. The maximum fence height between a residential zone or
use and a nonresidential zone or use shall be eight (8) feet.
a. The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum
height of thirty (30) inches within the triangular area formed by drawing a straight line:
i. Between two (2) points located on and twenty (20) feet distant from the point of
intersection of two (2) ultimate street right-of-way lines.
ii. Between two (2) points located on and five (5) feet distant from the point of intersection of
an ultimate street or alley right-of-way on one hand and the edge of a driveway or another
alley right-of-way on the other if parkway width is less than twelve (12) feet wide.
b. For purposes of this code, "point of intersection" means the intersection of the prolongation of
the right-of-way lines, excluding any curved portion joining the two (2) lines.
c. The height restrictions of this subdivision shall apply to fences, walls, trees, shrubs, vegetation, or
any other material which obstructs or may obstruct visibility.
D. Gates.
1. Materials. Gates shall be constructed of ornamental iron/tubular steel, vinyl and/or wood. Such gates
may be placed in any location provided they meet the requirements of this section and provided any
wood used is not less than a grade of construction heart or merchantable and better redwood or No. 2
and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall
or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant
material. Wood gates over thirty-six (36) inches wide shall have a metal frame. Chain link gates are
prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if
solid. If screening an RV, the gate shall be constructed of a solid opaque material.
2. Width. Pedestrian gates shall not exceed five (5) feet in width, except that gates may be any width
within side yard setbacks of at least twelve (12) feet.
(Supp. No. 5, Update 3)
Page 2 of 4
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44
E. Fence Construction and Materials. All fencing in residential districts shall conform to the following
construction and material standards:
1. Wood and Vinyl Fencing.
a. Except for gates, split two (2) -rail fencing, and for equestrian fencing regulated by Section
9.140.060, wood and vinyl or similar recycled fencing materials are permitted in rear or interior
side yards only, and only if not visible from the street. Wood -framed fencing with a stucco finish
is permissible in any location on the lot provided the color of the masonry or stucco matches or
complements the adjacent wall or structure. Gates may be of wood in any location provided they
comply with the standards of this section.
b. All wood fencing shall be constructed of not less than a grade of construction heart or
merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or
painted to match or complement the adjacent wall or structure. Alternatively, if left in natural
color, all wood shall be treated with a water -repellant material.
c. All vinyl or similar recycled fencing material shall be constructed of an aluminum reinforced non
reflective material that contains antistatic and UV radiation inhibiting additives.
dc. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four
inches by four inches (4"x4") redwood, pressure -treated lumber, tubular steel or block and
installed per the Uniform Building Code.
ed. Split Rail Fencing. Split two (2) -rail fencing shall be allowed in the front yard or along the front
property line with columns a maximum height of four (4) feet and three (3) feet for the top rail.
All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or
block. The rails may be either wood or other non -wood products that have the appearance of
split rail. A building permit shall be obtained prior to construction.
2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used
along the front or street side yards only. The iron or steel shall be painted to match or complement the
adjacent wall or structure.
3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco covering) is
permitted in any location on the lot provided the color of the masonry or stucco matches or
complements the adjacent wall or structure. Precision concrete block shall not be used unless all
exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or
other comparable coating approved by the director.
4. Material Combinations. Combinations of two (2) or more of the preceding materials may be used
provided that the bottom one-half (1/2) of the fence is constructed of a masonry material. Combinations
incorporating wood materials shall only be used for the rear and interior side yards and only when not
visible from the street.
5. Other Materials. Other fence materials or combination of fence materials such as, but not limited to,
corrugated metal, vinyl, bamboo, and glass may be permitted in the front or street side yard by the
director in conjunction with approval of a building permit for fence construction if the permit
application includes a materials sample, a site plan with proposed fence alignment, photographs of the
main dwelling, and the following findings are made:
a. The design of the fence, including, but not limited to, the architectural style, materials, colors,
architectural details, and other architectural elements is compatible with a main dwelling existing
on site or in development review at time of application.
b. The fence meets all screening requirements.
(Supp. No. 5, Update 3)
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Created: 2024-08-07 10:59:35 [EST]
45
c. The material(s) are of good and durable quality.
d. The material(s) will not be detrimental to the health, safety and general welfare of the
community in the area.
F. Fence Landscaping and Maintenance.
1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable
permanent irrigation system, and be continuously maintained by the property owner.
2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner
shall be provided thirty (30) days after receiving notice from the city to repair a wall or fence. The
building official may grant an extension to such time period not to exceed sixty (60) days.
G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar
materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary
construction fences when authorized by a minor use permit issued in accordance with Section 9.210.025.
Said minor use permit shall not be approved until a permit for grading, or construction, has been filed for,
whichever comes first.
H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall be regulated by
the provisions of Section 9.140.060 (Equestrian overlay regulations) where the keeping of horses is
permitted.
Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally
established prior to the adoption of these standards may be maintained provided such fence is not expanded
nor its nonconformance with these standards otherwise increased. Any fence which is destroyed or damaged
to the extent of more than fifty percent (50%) of its total replacement value shall not be repaired, rebuilt, or
reconstructed except in conformance with these standards.
(Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 584 § 2, 2020; Ord. 560 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord.
378 § 1, 2002; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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9.60.060 Garages and carports.
A. Height. The maximum structure height shall be fourteen (14) feet for a detached carport and seventeen feet
for a detached garage, except that garages may be up to twenty-eight (8) feet in height if a second dwelling
unit complying with the provisions of Section 9.60.090 is located above the garage.
B. Setbacks.
1. In the RVL district, the minimum garage or carport setback shall be thirty (30) feet. In all other
residential districts, the minimum setback for front -entry type garages or carports shall be twenty five
{25) feet if a standard "pivot" type garage door is used, twenty (20) feet if a "roll up" type garage door
is used, and twenty (20) feet for a carport. For side -entry type garages, the minimum garage setback
shall be twenty (20) feet in the RVL district and fifteen (15) feet in all other residential districts. A side -
entry garage designed as tandem parking, when permitted under this code, shall not be located along
any street frontage. The conversion of side -entry garages to habitable area is only permitted if the side -
entry garage conforms to the minimum garage setback for a front -entry type garage.
2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as
vehicular access to garages and carports and when separate access and circulation systems are
provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a
minimum of five (5) feet from such alley, private street or common driveway.
C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in violation of the lot
coverage maximums set forth in Section 9.50.030.
D. Maximum Garage Size. For single-family homes, garage shall not exceed fifty percent (50%) of livable area of
home.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 505 § 1, 2012; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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9.60.090 Accessory dwelling units.
A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and
junior accessory dwelling units, consistent with California Government Code Sections 65852.2, subdivision
(a)(1) and 65852.22. Accessory dwelling units shall be permitted only in the zones that allow single family or
multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory
dwelling units are permitted in single family zones: RVL, RL, RC, RM, RMH, and RH zone districts.
B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit," "second dwelling
unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply,
and, instead, "accessory dwelling unit" as defined in California Government Code Section
65852.2(i)(4}66313(a) (or successor section in the Government Code) shall apply. An accessory dwelling unit
shall be either "attached" or "detached" to the primary residence as described in Government Code Section
65852.2(i)(4}66313(a) (or successor statute). In addition, the following definitions shall apply for purposes of
this section:
1. "Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet
and no more than five hundred (500) square feet in size and contained entirely within a single-family
residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
2. "Living area" shall have the same meaning as California Government Code Section
65852.2(i)(1}66313(e) (or successor section in the Government Code), notwithstanding any provision in
Section 9.280.030 of this code to the contrary.
3. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined
in Section 9.280.030 (or successor section).
4. "Public transit" means a location, including but not limited to, a bus stop or train station, where the
public may access buses, trains, subways, and other forms of transportation that charge set fares, run
on fixed routes and are available to the public (consistent with Government Code Section 65852.2,
subdivision (j)(9).
C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units:
1. Except as provided in Government Code Section 65852.2666340, the accessory dwelling unit may be
rented separate from the primary residence, but may not be sold or otherwise conveyed separate from
the primary residence, except as allowed in subsection G.-
2. The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed
or existing dwelling.
3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or
detached from the proposed or existing primary dwelling and located on the same lot as the proposed
or existing primary dwelling, including detached garages.
4. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the
primary dwelling if there is an existing primary dwelling -or eight hundred fifty (850) square feet, or one
thousand (1,000) square feet for a unit that provides more than one (1) bedroom, if the primary
dwelling is Icss than one thousand six hundred (1,600) square fcct.
5. The total floor area for a new detached accessory dwelling unit shall not exceed one thousand two
hundred (1,200) square feet.
6. An accessory dwelling unit shall include a kitchen and bathroom.
(Supp. No. 5, Update 3)
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7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a
minimum of one hundred fifty (150) square feet.
8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
9. No setback shall be required for an existing living area or accessory structure or a structure constructed
in the same location and to the same dimensions as an existing structure that is converted to an
accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than
four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
10. The building code requirements in effect at the time a building permit is secured shall apply to
detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R
occupancy change under the building code, as described in Section 310 of the California Building Code
(Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer
makes a written finding based on substantial evidence in the record that the construction of the
accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in
this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a
space that was unhabitable space or was only permitted for nonresidential use and was subsequently
converted for residential use pursuant to this section.
11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental
Health and the Regional Water Quality Control Board where a private sewage disposal system is being
used or proposed.
12. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a
driveway.
a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not feasible based upon
specific site or regional topographical or fire and life safety conditions.
b. There shall be no additional parking requirement for an accessory dwelling unit in any of the
following instances:
i. The accessory dwelling unit is located within one-half (1/2) mile walking distance of public
transit.
ii. The accessory dwelling unit is located within an architecturally and historically significant
historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an
accessory structure.
iv. When on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
v. When there is a car share vehicle located within one (1) block of the accessory dwelling
unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling or a new multifamily dwelling on the
same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria
listed in this subsection.
(Supp. No. 5, Update 3)
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c. When a garage, carport, or covered parking structure is demolished _in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-
street parking spaces need not be replaced.
13. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a
proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may
include an expansion of not more than one hundred fifty (150) square feet beyond the same
physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress and
egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The front yard setback of the underlying zone shall apply, unless either the attached or detached
units does not permit at least an eight hundred (800) square foot accessory dwelling unit with
four (4) -foot side and rear yard setbacks to be constructed in compliance with all other
development standards.
e. The junior accessory dwelling unit complies with the requirements of California Government
Code Section 65852.2266333.
14. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4) -foot side
and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory
dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if the
accessory dwelling unit complies with the following:
a. A total floor area limitation of not more than eight hundred (800) square feet.
b. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or
multifamily dwelling unit.
c. A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or
proposed single family or multifamily dwelling unit that is within one-half (1/2) of one (1) mile
walking distance of a major transit stop or a high-quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code.
d. An additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit
that is aligned with the roof pitch of the primary dwelling unit.
e. A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or
proposed multifamily, multistory dwelling.
f. A height of twenty-five (25) feet or the height limitation that applies to the primary dwelling,
whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling
structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state building standards for
dwellings.
a. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to
twenty-five (25) percent of the existing multifamily dwelling units may contain an accessory
dwelling unit.
(Supp. No. 5, Update 3)
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50
b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing or
proposed multifamily dwelling, but are detached from that multifamily dwelling are permitted,
and are subject to height limits as listed in subsection 14, and four (4) -foot rear yard and side
setbacks.
c. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, no
modification of the existing multifamily dwelling shall be required.
16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for
fire sprinklers to be installed in the existing primary dwelling.
17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall
be reviewed with the application for the accessory dwelling unit and issued at the same time. The
applicant shall not be required to provide written notice or post a placard for the demolition of a
detached garage that is to be replaced with an accessory dwelling unit, unless the property is located
within an architecturally and historically significant historic district.
18. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days. Under
no circumstances shall an accessory dwelling unit be eligible for a short-term vacation rental permit.
19. In the event of any conflicts between the standards set forth in this section and those set forth in the
regulations of the applicable zoning district, the provisions of this section shall prevail.
20. The applicant shall pay to the city all applicable fees imposed on such new development of an
accessory dwelling unit or new or rehabilitated primary residence that will include an accessory
dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an
accessory dwelling unit less than seven hundred fifty (750) square feet, and any impact fees charged
for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged
proportionately in relation to the square footage of the primary dwelling unit.
21. The City shall not allow occupancy for an accessory dwelling unit before occupancy of the primary
dwelling unit has been granted.
D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory
dwelling units:
1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for single-family
residences with a single-family residence already built or proposed to be built, on the lot.
2. Prior to issuance of occupancy approval of the accessory dwelling unit, the city may require the
property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior
accessory dwelling unit separate from the sale of the single-family residence, including a statement
that the deed restriction may be enforced against future purchasers; and restricting the size and
attributes of the junior accessory dwelling unit that conforms with this section.
3. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing
single-family residence.
4. Ajunior accessory dwelling shall provide a separate entrance from the main entrance to the proposed
or existing single-family residence.
5. Ajunior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the
following:
a. A cooking facility with appliances, and
(Supp. No. 5, Update 3)
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b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size
of the junior accessory dwelling unit.
c. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory
dwelling unit shall include a separate entrance than the main entrance to the structure with an
interior entry to the main living area.
6. Parking: A junior accessory dwelling unit shall not require parking in addition to that required for the
proposed or existing single-family residence.
7. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior
accessory dwelling unit shall not be considered a separate or new dwelling unit.
8. Owner -occupancy in the single family residence in which the junior accessory dwelling unit is permitted
is required. The owner may reside in either the remaining portion of the structure or the newly created
junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another
governmental agency, land trust, or housing organization.
E. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered
and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall
act on the application within sixty (60) days from the date the application is found complete if there is an
existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new
single-family dwelling on the lot, the director may delay acting on the permit application for the accessory
dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new single-
family dwelling. If the applicant requests a delay, the sixty (60) -day time period shall be tolled for the period
of the delay.
1. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the
director shall, within the time period described above, return in writing a full set of comments to the
applicant with a list of items that are defective or deficient and a description of how the application can
be remedied by the applicant.
2. The director shall not deny an application for a permit to create an accessory dwelling unit due to the
correction of nonconforming zoning conditions, building code violations, or unpermitted structures
that do not present a threat to public health and safety and are not affected by the construction of the
accessory dwelling unit.
F. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to
be submitted with any other applications that require or permit ministerial or discretionary review under the
code, nothing in this section precludes the processing and review of those other applications pursuant to
those other provisions in the code.
G. Sale of Accessory Dwelling Unit. An accessory dwelling unit can be sold or conveyed separately from the
primary residence to a qualified buyer if all of the following apply:
1. The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit
corporation; and
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the
qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified
in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code; and
3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the
following:
(Supp. No. 5, Update 3)
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a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property
based on the size of the dwelling that each qualified buyer occupies; and
b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit
corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or
convey the property; and
c. A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as
the buyer's principal residence; and
d. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary
dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-
income housing for 45 years for owner -occupied housing units and will be sold or resold to a
qualified buyer; and
e. If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all
of the following:
i. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each
cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive
use of another cotenant, provided that the latter cotenant's obligations to each of the other
cotenants have been satisfied; and
ii. Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities,
general maintenance and repair, improvements, and any other costs, obligations, or
liabilities associated with the property. This delineation shall only be binding on the parties
to the agreement, and shall not supersede or obviate the liability, whether joint and several
or otherwise, of the parties for any cost, obligation, or liability associated with the property
where such liability is otherwise established by law or by agreement with a third party; and
iii. Procedures for dispute resolution among the parties before resorting to legal action.
4. A grant deed naming the grantor, grantee, and describing the property interests being transferred
shall be recorded in the county in which the property is located. A Preliminary Change of Ownership
Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and
Taxation Code.
5. Notwithstanding other provisions of this Section, if requested by a utility providing service to the
primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to
that utility.
6. Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed
separate from the primary residence as a condominium.
7. For purposes of this subsection, the following definitions apply:
a. Qualified buyer means persons and families of low or moderate income, as that term is defined
in Section 50093 of the Health and Safety Code.
b. Qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section
501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section
214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income
families who participate in a special no -interest loan program.
(Ord. 606, § 1 (Exh. A), 2023; Ord. 602 Exh. A, 2022; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 §
1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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9.60.270 Bed and breakfast regulations.
Commencing XXXXXX, which is the effective date of Ordinance No.XXX which modified this section, there shall be
no processing of, or issuance for, any applications for a Bed and Breakfast Inn. This section shall not apply to an
existing Bed and Breakfast Inn with a valid Minor Use Permit or Conditional Use Permit.
A. Purpose. Thc city council finds that bcd and br akfast facilitics constitute small commercial lodging facilitics
in residential districts. This requires special regulations that arc not normally covered by standards for motels
and hotels.
B. Definitions. Scc Chapter 9.280.
C. Limits on Occupancy.
1. The bcd and br akfast shall be conducted only by a person owning the dwelling and residing therein as
their principal place of residence. Thc use permit shall be voided upon the sale or transfer of the
property ownership.
2. Thc bcd and breakfast shall accommodate a maximum of cight (8) guests in four (4) rooms.
O. Where Permitted. Bed and breakfast arc permitted subject to approval of a minor usc permit only in
residential zoning districts.
E. Development Standards.
1. Individual units shall not contain cooking facilities.
2. Parking shall be provided on site, in accordance with Chapter 9.150, Parking.
3. No changc in the outside structure is permitted and any changc inside must be convertible to thc
original residential usc. A minimum of one hundred (100) square feet is required for each of the
sleeping rooms and not more than twenty five percent (25%) of thc structure can be used for rental.
/1. Landscaping may be required to screen parking ar as from the view of adjacent properties and from
public/private streets.
F. Required Finding. In addition to the requirements for findings of fact as established by California law or other
provisions of this code, thc approval of a conditional usc permit for a bed and br akfast shall require the
following additional findings:
1. Thc property is physically suitable for usc as a bcd and br akfast facility;
2. The use of thc property as a bcd and br akfast will not cause an undue burden on adjacent and n arby
property owners.
G. Transient Occupancy Tax. Bed and br akfast facilities shall be subject to all applicable provisions of Chapter
3.24 of the municipal code.
(Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997)
(Supp. No. 5, Update 3)
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9.150.010 Purpose and intent.
A. Purpose. These regulations are intended to: (1) provide for off-street parking of motor vehicles attracted by
the various land uses in the city; (2) ensure the health, safety and welfare of the public by preventing
obstruction of rights-of-way and fire lanes; and (3) provide for properly designed parking facilities with
adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance
public safety.
B. Parking Required. Off-street parking is required for all land uses in accordance with this chapter. In the
Village Commercial district, any variation on the parking standard can be approved by the director or the
decision making authority.
(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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9.150.050 Determination of spaces required.
A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided in
accordance with this section when the subject building or structure is constructed or a use is established or
changed. In determining such off-street parking requirements, the city may use the alternative methods
described in this section. The city reserves the option of requiring the use of more than one (1) of these
methods, depending on the type, size and mix of uses in a proposed development.
B. In the Village Build -Out Plan Area, a reduction of fifty percent (50%) is allowed, and any variation of the
parking standard can be approved by the director or the decision making authority. No additional off-street
parking is required for a change in nonresidential use. Development projects are required to provide all of
the parking for residential development on-site, and a minimum of half the required spaces for commercial
development on-site. Parking spaces required but not provided on-site can be provided through the
preparation of a parking plan that can include:
1. Use of on -street parking spaces immediately adjacent to the project.
2. A shared parking agreement with adjacent property owner.
3. A fair share contribution to the in lieu fee program.
4. An allocation of surplus parking spaces from ninety percent (90%) of the village parking study parking
signage is provided to allow public parking on the project site.
54. Other alternative methods approved in a site development permit.
C. Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most
land uses. This schedule is required unless the applicant can show to the satisfaction of the city decision-
making authority that it does not apply. Other alternative methods herein below may then be employed to
determine the required parking spaces:
1. A recognized authority's shared parking methodology for calculating the peak demand over time for
parking in a development of mixed uses using the same parking facilities as specified in Section
9.150.070;
2. A city methodology for calculating the parking demand for extremely complex or unusual uses or
combinations of uses for which the standard schedule, a recognized authority's methodology and/or
verifiable data are not applicable. Some or all of the following factors may be utilized in this
methodology: expected numbers of occupants, employees, customers or visitors, vehicles stationed on
the site, service and loading spaces required, handicapped spaces required, emergency access
considerations and use of parking by unauthorized vehicles.
D. Parking In -Lieu Program. The city may permit required parking spaces in the Village Build -Out Plan Area to be
reduced through execution of a parking agreement, subject to the following requirements:
1. A binding agreement, recorded against the property, between this city and the property owner. The
agreement shall contain, at a minimum, all of the following:
a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and
shall run with the land;
b. A payment schedule with a payment period not exceeding four (4) years. If an
assessment/benefit or parking improvement district is established, the obligation of the property
owner shall become due and payable under the terms of such district;
(Supp. No. 5, Update 3)
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c. A cash mitigation payment. The amount per space shall be established as determined by the
planning and public works divisions, plus an inflation factor. The amount will be calculated at the
time of agreement execution.
2. An irrevocable offer from the property owner to participate in any future assessment/benefit or
parking improvement district that may be formed in the VC or MU overly districts.
3. The money collected may be released to a city -created parking assessment/benefit or parking
improvement district, or may be used in the furtherance of general parking improvements in the VC or
MU overlay districts, at the option of the city. Any financial obligation issued against such property
shall be reduced accordingly to the amount of mitigation money paid at the time of the district
formation.
4. The property owner shall secure the mitigation payment by providing the city with a second deed of
trust in the amount of the total mitigation payment.
E. Incentive Based Parking Adjustments. In all districts, the following may result in a reduction in parking spaces
of up to fifteen percent (15%), subject to approval by the planning commission:
1. Permanent, non -vegetation shade structures covering fifty percent (50%) of all parking spaces.
2. Increased landscaping and public spaces.
3. Pedestrian improvements not located in the right-of-way or project driveways.
4. Vehicular and nonvehicular connections between projects.
5. Use of pervious surfaces for drainage, or creative drainage solutions.
6. New commercial and mixed use development providing preferred parking locations for electric and
other alternative fuel vehicles.
7. Developments that provide a minimum of two (2) parking spaces or of the minimum number of spaces,
whichever is greater, for golf carts and neighborhood electric vehicles (NEV) shall receive a parking
credit reduction equal to five percent (5%) of the standard parking spaces required for that
development.
(Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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9.150.070 Spaces required by use.
A. Land Uses Not Listed. If no provisions for the required number of off-street parking spaces are set forth in
Tables 9-11 or 9-12 of this section or the provisions are not clear for a specific use, the decision-making
authority for the applicable use or project shall determine the number of parking spaces required.
B. Parking for Residential Land Uses. Table 9-11 contains the minimum number of parking spaces required for
each type of residential land use. Whenever any commercial or industrial use is located on a building site
that is also used for residential purposes, parking facilities shall be provided in conformance with Section
9.150.070 (Shared Parking).
C. Parking for Nonresidential Land Uses.
1. Adequate Parking Required. All nonresidential land uses shall provide off-street parking in compliance
with this subsection and with Table 9-12 unless modified by the provisions contained in Section
9.150.050. Table 9-12 sets forth the minimum and maximum requirements for each use. It shall be the
responsibility of the developer, owner or operator of any use to provide adequate off-street parking.
2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-12, bicycle parking
shall be provided for certain nonresidential uses in accordance with subsection (C)(3) of this section.
Table 9-11 Parking for Residential Land Uses
Land Use
Minimum Off -Street
Parking Requirement
Additional
Requirements
Single-family detached,
single-family attached and
duplexes
2 spaces per unit in a garage
plus 0.5 guest spaces per unit
if no on -street parking is
available
For all single-family
residential zones except RC,
parking in excess of the
minimum required may be
tandem
In a garage, tandem parking
may be used to meet the
above -stated minimum
required parking in the RC
district only
Employee quarters
1 space per unit. This space
shall not be tandem.
Apartments, townhomes and
condominiums:
All parking spaces shall be
distributed throughout the
site to ensure reasonable
access to all units.
(1) Studio
1 covered space per unit,
plus 0.5 guest spaces per unit
(2) One- and two-bedroom
2 covered spaces per unit
plus 0.5 guest spaces per unit
(3) Three or more bedroom
3 covered spaces per unit
plus 0.5 covered spaces per
each bedroom over three,
plus 0.5 guest spaces per unit
(Supp. No. 5, Update 3)
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Mobilehome parks
2 covered spaces/unit, which
may be in tandem, plus 0.5
guest spaces per unit
Maximum Off -Street
Parking Requirement
Senior housing (excluding
single family units)
1 covered space per unit,
plus 0.5 guest spaces per unit
Senior group housing/senior
citizen hotels and congregate
care facilities
0.5 covered spaces per unit
plus 0.5 guest spaces per unit
Lodging and Child Daycare Uses
breakfast inns
1 space room
1 space per 1,000 sq.
ft. GFA indoor area,
plus 1 space per
rsea and
per guest plus
for residents as
parking
required by this code.
Boardinghouse,
roominghouse, and single
room occupancy hotels
1 space per sleeping room
Child daycare centers,
including preschools and
nursery schools
1 space per staff member
plus 1 space per 5 children.
Parking credit may be given if
queuing area for more than 4
cars is provided, but resulting
parking shall be not less than
1 per staff member plus 1 per
10 children
Stacking analysis may be
required to define a drop-off
facility that accommodates at
least 4 cars in a continuous
flow, preferably one-way, to
safely load and unload
children
Recreational vehicle parks
1 automobile parking space
on each recreational vehicle
lot plus 1 space per 20
recreational lots for visitors
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off -Street
Parking Requirement
Maximum Off -Street
Parking Requirement
Additional
Requirements
Commercial Uses
Bars and cocktail
lounges
1 space per 50 sq. ft.
GFA including
indoor/outdoor
seating areas (see
also Restaurants)
1 space per 25 sq. ft.
GFA including
indoor/outdoor
seating areas (see
also Restaurants)
Lumberyards and
nurseries
1 space per 1,000 sq.
ft. GFA indoor area,
plus 1 space per
1 space per 500 sq.
ft. GFA indoor area,
plus 1 space per
(Supp. No. 5, Update 3)
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1,000 sq. ft. of
outdoor display or
sale area
1,000 sq. ft. of
outdoor display or
sale area
Model home
complexes
10 spaces
N/A
Personal service
establishments
3 spaces per 1,000
s.f.
4 spaces per 1,000
s.f.
Restaurants:
(1) Conventional sit-
down, including any
bar area
1 space per 125 sq.
ft. GFA including
indoor and outdoor
seating areas
1 space per 75 sq. ft.
GFA including indoor
and outdoor seating
areas
(2) Drive-through and
fast food
1 space per 100 sq.
ft. GFA, including
indoor and outdoor
seating areas, but not
less than 10 spaces.
N/A
(1) General retail
uses under 100,000
sq. ft. GFA
1 space per 300 sq.
ft. GFA
1 space per 250 sq.
ft. GFA
(2) General retail
uses 100,000 sq. ft.
GFA and greater
1 space per 350 sq.
ft. GFA
1 space per 300 sq.
ft. GFA
For shopping centers,
freestanding
restaurants and non -
freestanding
restaurant space in
excess of 20% of the
total shopping center
GFA shall be
computed separately
using the applicable
restaurant parking
ratio(s)
Furniture and
appliance stores
1 space per 1000 sq.
ft. GFA
1 space per 750 sq.
ft. GFA
Warehouses, storage
buildings or
structures used
exclusively for
storage
1 space per 2,000 sq.
ft. of gross area for
storage purposes
1 space per 1,000 sq.
ft. of gross area for
storage purposes
Mini -storage facilities
1 space per 5,000 sq.
ft. plus 2 spaces for
any caretaker's unit
N/A
Office and Health Care Uses
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Convalescent
hospitals, nursing
homes, children's
homes and
sanitariums
1 space per 4 beds
based on the
resident capacity of
the facility as listed
on the required
license or permit
Minimum 30% of
required spaces shall
be covered by a
trellis or carport
structure See also
senior group housing
(senior citizen hotels)
under residential
uses
General offices, other
than medical, dental,
banks, savings and
loans, credit unions
and similar financial
institutions
1 space per 300 sq.
ft. GFA
1 space per 250 sq.
ft. GFA
Minimum 30% of
required spaces shall
be covered by a
trellis or carport
structure Rates are
for office uses only. If
ancillary uses are
included, such as
restaurants or retail
establishments,
parking for such uses
must be provided per
their applicable rates
Hospitals
1.75 spaces per bed
Medical or dental
offices/clinics
1 space per 200 sq.
ft. GFA
1 space per 175 sq.
ft. GFA
Minimum 30% of
required spaces shall
be covered by a
trellis or carport
structure
Veterinary hospitals
and clinics
1 space per 400 sq.
ft. GFA exclusive of
overnight boarding
areas
1 space per 300 sq.
ft. GFA exclusive of
overnight boarding
areas
Automotive Uses
Automobile repair
facilities
1 space per 250 sq.
ft. of sales area
1 space per 200 sq.
ft. of sales area, plus
2 spaces per service
bay
Automobile Fueling:
N/A
(1) Without retail
sale of beverage and
food items
1 space per 500 sq.
ft. GFA
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(2) With retail sale of
beverage and food
items
1 space per 400 sq.
ft. GFA
Automobile, truck,
boat, and similar
vehicle sales or rental
establishments
1 space per 500 sq.
ft. GFA (not including
service bays), plus 1
space per service bay
N/A
Parking is for
customers and
employees, and is
not to be used for
display.
Car washes:
N/A
Applicant may be
required to submit a
parking study which
includes a stacking
analysis for the
proposed facility
(1) Full-service
10 spaces
(vacuuming or drying
areas shall not be
counted as parking
spaces)
(2) Express -service
2 spaces per facility
(wash bays shall not
be counted as
parking spaces)
Industrial Uses
General
manufacturing,
research and
development and
industrial uses
1 space per 500 sq.
ft. GFA
N/A
Warehousing and
distribution space
1 space per 1,000 sq.
ft. GFA
N/A
Assembly Uses
Auditoriums,
theaters, cinemas
1 space per 3 seats
1 space per 2.5 seats
18 lineal inches of
bench shall be
considered 1 fixed
seat.
Churches, temples
and similar places of
assembly
1 space per 5 seats of
assembly area
1 space per 3 seats of
assembly area
18 lineal inches of
bench shall be
considered 1 fixed
seat. Parking will be
required at the same
rate for other
auditoriums,
assembly halls or
classrooms to be
used concurrently
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with the main
auditorium
Nightclubs,
dancehalls, lodge
halls and union halls
1 space per 50 sq. ft.
GFA, plus required
parking for other
uses on the site
1 space per 35 sq. ft.
GFA, plus required
parking for other
uses on the site
Mortuaries and
funeral homes
1 space for every 5
seats of assembly
room floor area
1 space for every 3
seats of assembly
room floor area, plus
1 space for each
vehicle stored onsite,
plus 5 spaces for
employees
Community centers
1 space per 300 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
Lodging and Child Daycare Uses
Daycare centers,
including preschools
and nursery schools
1 space per 300 sq.
ft. GFA, plus 1.5
spaces per employee
1 space per 250 sq.
ft. GFA, plus 1.5
spaces per employee
Stacking analysis
shall be required to
define a drop-off
facility that
accommodates safely
loading and
unloading children
Hotels & motels and
village hospitality
homes
1.3 spaces per guest
bedroom plus
required parking for
other uses on the site
1.1 spaces per guest
bedroom plus
required parking for
other uses on the site
Timeshare facilities,
fractional ownership
and similar facilities
1.5 spaces per
dwelling or guest unit
plus required parking
for other uses on the
site
1.3 spaces per
dwelling or guest unit
plus required parking
for other uses on the
site
Recreational Uses
Arcade, game and
video
1 space per 200 sq.
ft. GFA
Billiard or pool
establishments
1 space per 150 sq.
ft. GFA
1 space per 100 sq.
ft. GFA
Bowling alleys
4 spaces per alley
plus required parking
for other uses on the
site
5 spaces per alley
plus required parking
for other uses on the
site
(Supp. No. 5, Update 3)
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Golf uses:
N/A
(1) Driving ranges
1 space per tee, plus
the spaces required
for additional uses on
the site
(2) Pitch and putt,
par three and
miniature golf
courses
3 spaces per hole,
plus the spaces
required for
additional uses on
the site
(3) Regulation
courses
5 spaces per hole,
plus the spaces
required for
additional uses on
the site
8 spaces per hole,
plus the spaces
required for
additional uses on
the site
Tennis courts,
handball/racquetball,
and other court -
based facilities
3 spaces per court
4 spaces per court
Health clubs,
membership gyms
and commercial
swimming pools
1 space per 200 sq.
ft. GFA (for purposes
of this use, swimming
pool area shall be
counted as floor
area)
1 space per 150 sq.
ft. GFA (for purposes
of this use, swimming
pool area shall be
counted as floor
area)
Libraries/museums
1 space per 300 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
Shooting ranges
1 space per shooting
station plus 5 spaces
for employees
Skating rinks, ice or
roller
1 space per 250 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
Stables, commercial
1 space per each 5
horses kept on the
premises
1 space per each 4
horses kept on the
premises
Public and Semipublic Uses
Public utility facilities
not having business
offices on the
premises, such as
1 space per
employee plus 1
space per vehicle
used in connection
with the facility
N/A
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electric, gas, water,
telephone facilities
Schools:
N/A
(1) Elementary and
junior high or middle
schools
2 spaces per
classroom
(2) Senior high
schools
10 spaces per
classroom
(3) Colleges,
universities and
institutions of higher
learning
20 spaces per
classroom
(4) Trade schools,
business colleges and
commercial schools
20 spaces per
classroom
Emergency and
Homeless Shelters,
Low Barrier
Navigation Centers
1 space per
employee.
3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to
encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum
bicycle parking requirements for nonresidential uses are as follows:
a. Land uses required to provide bicycle parking equal to minimum three percent (3%) of the total
parking spaces required per Table 9-12 include: video arcades, bowling alleys, cinemas/movie
theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks.
b. Land uses required to provide a minimum of five (5) bicycle parking spaces include: churches,
clubs/halls, hospitals and restaurants (all categories).
c. Land uses required to provide a minimum of one (1) bicycle parking for every twenty-five
thousand (25,000) square feet of gross floor area include governmental, general, medical and
financial office uses.
d. In addition to the requirements of subsections (C)(2)(a) through (c) of this section, retail centers
shall provide five (5) bicycle parking spaces for each tenant having over twenty thousand (20,000)
square feet of gross floor area. The spaces shall be provided at or near the major tenant's main
entry.
e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping
cart storage and shall be provided with a mechanism which permits locking a bicycle onto the
rack.
(Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; Ord. 550 § 1, 2016; Ord. 528 § 3, 2016; Ord. 505 § 1, 2012; Ord.
361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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9.210.020 Conditional use permits.
A. Purpose. The purpose of a conditional use permit is to provide for individual approval or denial of land uses
requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on
surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are
placed on their establishment and operation to mitigate or eliminate such impacts.
B. Definitions. See Chapter 9.280.
C. Applicability. A conditional use permit is required for all land uses identified in this code as requiring such
permits.
D. Decision -Making Authority. Conditional use permits shall be reviewed by the planning commission in
conjunction with a public hearing held pursuant to Section 9.200.100.
E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and
any development associated with the permit shall be in compliance with the approved permit and any plans,
specifications and conditions of approval shown on and/or attached to the permit at all times.
F. Required Findings. The following findings shall be made by the decision-making authority prior to the
approval of a conditional use permit:
1. Consistency with General Plan. The land use is consistent with the general plan.
2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the
public health, safety and general welfare or injurious to or incompatible with other properties or land
uses in the vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110.
H. Expiration and Time Extensions. The period of validity for establishment or time extension of a site
development conditional use permit shall be pursuant to Section 9.200.080.
I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.
J. The use permit may be modified or revoked by the city council, or planning commission, should they
determine that the proposed uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity,
or if the property is operated or maintained, so as to constitute a public nuisance.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1,
1996)
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9.210.050 Temporary use permits.
A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to
ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the
time limitations for temporary uses are specified and complied with, and that the site of the temporary use is
restored to its condition prior to establishment.
B. Applicability. A temporary use permit is required for temporary uses permitted under this code.
C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the director
pursuant to Section 9.200.020.
D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate
or eliminate adverse impacts on surrounding properties, residents or businesses.
E. Precise Development Plan. Any use or development authorized under such a permit shall be in compliance
with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.
F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been
made if the director determines that the findings set forth for such temporary uses in the applicable section
of this code have been satisfied.
G. Time Limits. A temporary use permit shall be approved for no longer than 18 months, except as specified for
stated temporary uses in their applicable sections of this code.
H. Extensions. A temporary use permit may be extended for up to 12 months. The filing of an application for
extension shall stay expiration of the permit until action is taken on the time extension by the decision-
making authority unless the application has been deemed incomplete and inactive pursuant to
Section 9.200.070(B).
H. The use permit may be modified or revoked by the director, should they determine that the proposed uses
or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or
materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained,
so as to constitute a public nuisance.
(Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
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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 (2) or more parcels sharing a common boundary at one (1) 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 businesses, Chapter
5.80 of the municipal code.
Advertising device or display. See sign definitions, Section 9.160.130.
"Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and
Safety Code.
"Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and
reserved for very low income households, lower income households, moderate income households (where
qualified) and/or senior citizens at an affordable housing cost for the 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."
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"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 (1)
family on a rental basis.
"Apartment building" or "apartment project" means a building or group of buildings in a single ownership with
three (3) 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 dwelling or Attached residential. See: "Dwelling, attached."
"Attached structures" means two (2) 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 (30) inches in height above the finished grade.
"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 (5) feet of the height of any portion is above adjoining finish grade.
"Bcd and breakfast" m ans a residential dwelling occupicd by a resident, person, or family, containing,. idiv
living quarters occupicd for a transient basis for compensation and in which a br akfast may be provided to guests.
The breakfast provided shall not constitute a restaurant opera
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.
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"Building height" means the height of a building relative to the surrounding ground area. Measurement of
maximum building height is defined in Sections 9.50.050 and 9.90.010.
Building, Main. "Main building" means the building containing the main or principal use of the premises.
Building, Relocatable. "Relocatable building" means a building which is not placed on a permanent foundation and
is designed to be movable from one (1) 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 (2) 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 (1,000) 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 (2) 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 (5) 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 (1/2) of its height below the
adjoining finish grade at all points; and (2) has a floor area no more than one-half (Y2) that of the floor immediately
above. A cellar is not counted as a building story.
"Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by the city prior to
occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for
occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled.
"Child day care center" or "preschool" means a child day care facility operated by a person, corporation or
association used primarily for the provision of daytime care, training or education of children at any location other
than their normal place of residence. The maximum number of children accommodated is determined by state
licensing provisions and city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State Health and Safety Code, a facility
which provides nonmedical care to children under eighteen (18) 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 (24) -hour basis. Child day care facility includes both child day care centers and child day
care homes.
(Supp. No. 5, Update 3)
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"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 (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24)
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 (7) to fourteen
(14) children, inclusive, including children under the age of ten (10) years who reside at the home.
3. "Small family day care home" means a home that provides family day care for eight (8) or fewer
children, including children under the age of ten (10) years who reside at the home.
"City" means the city of La Quinta.
"City council" means the city council of the city of La Quinta.
"Cleaning plant" or "laundry plant" means a central processing facility for dry cleaning or laundering of clothing
and fabrics collected from and returned to patrons and dry cleaning and laundry agencies.
Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical or mental health
service and medical or surgical care of the sick or injured, but not including inpatient or overnight care.
"Club" means an association of persons for some common purpose, but not including organizations which provide
goods or services and which are customarily carried on as businesses.
"Code" means this zoning code unless another code, ordinance or law is specified.
"Commercial" means operated or conducted on a frequent basis for the purpose of financial gain.
Commercial center. See: "Shopping center."
"Commercial filming" means the production of still or moving pictures on public property.
"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 4100 of the California Civil Code (or
successor provision).
"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.
(Supp. No. 5, Update 3)
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Conditional use permit. See: "Use permit."
"Condominium" means, consistent with Section 4125 of the California Civil Code (or successor provision), 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 (1) 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 for the exclusive use of the
occupants of the facility. Such a facility may be located in more than one (1) 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 (6) or fewer developmentally disabled persons or six (6)
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 (6) 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 (1) full-time
equivalent employee, and generates not more than: (1) thirty-five thousand ($35,000.00) dollars in gross annual
sales in 2013; (2) forty-five thousand ($45,000.00) dollars in gross annual sales in 2014; (3) fifty thousand
($50,000.00) 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.
"Declaration of covenants, conditions, and restrictions (CC&Rs)" has the same meaning as "declaration" set forth in
Section 4135 of the California Civil Code (or successor provision) as applicable to a common interest development.
"Density" means the number of dwelling units per gross acre, unless another area measurement is specified.
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"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.
"Duplex" means a permanent building containing two (2) 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 (1) 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).
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Dwelling, Multifamily. "Multifamily dwelling" means a building containing more than one (1) separate residential
dwelling unit, which is used or occupied, or is intended to be used or occupied, in whole or in part, as the home or
residence of one (1) or more persons on a single parcel or building site.
Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling shifted to one (1) side of the
lot, i.e., placed on the lot so that one (1) side setback is zero (0) or nearly zero (0) and the other side setback is
larger than if both side setbacks were approximately equal.
Dwelling, Single -Family. "Single-family dwelling" means one (1) 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 (1)
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 (2) 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 (1) or more rooms, including a bathroom and kitchen, designed and used for occupancy
by one (1) 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 services for homeless persons that is limited to occupancy of six (6)
months or less by a homeless person. Low barrier navigation centers are also included in this definition. No
individual or household may be denied emergency shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or kitchen or cooking facilities, for
the housing of domestic employees and located upon the same building site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced only by windows, vents or
customary entrances and exits.
"Environmental review" means all actions and procedures required of the city and of applicants by the California
Environmental Quality Act ("CEQA," State Public Resources Code Section 21000 et seq.), the CEQA Guidelines
(Public Resources Code Section 15000 et seq.) and local environmental procedures.
"Exception" means a city -approved deviation from a development standard based on the following types of
findings by the decision-making authority:
1. General finding such as that notwithstanding the exception, the resulting project will still be consistent
with the goals and/or policies underlying the development standard; and
2. One (1) or more specific findings justifying the particular exception requested.
"Family" means one (1) or more persons occupying one (1) dwelling unit. The word "family" includes the occupants
of congregate living and residential care facilities, as defined herein, serving six (6) 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.
(Supp. No. 5, Update 3)
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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 (6) 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 (3) stars in the most recent annual awards list published from time to time by AAA
Travel Guides or by the Mobil Travel Guide.
Flag. See: Sign definitions, Section 9.160.130.
Flag lot or Panhandle lot. See definitions under "Lot."
"Flood" means a general and temporary condition of partial or complete inundation of land areas from the
overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or
mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under
the ground.
"Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the official maps provided by the
Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk
premium zones and the floodways applicable to the city.
"Floodplain" means the land area adjacent to a watercourse and other land areas susceptible to being inundated
by water.
"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
"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 (1) 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.
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Grade, Average. "Average grade" means the elevation determined by averaging the highest and lowest elevations
of a parcel, building site or other defined area of land.
Grade, Average Finish. "Average finish grade" means the elevation determined by averaging the highest and
lowest elevations of a parcel, building site or other defined area of land after final grading.
Grade, Finish. "Finish grade" means the ground elevation at any point after final grading.
"Grading" means the filling, excavation or other movement of earth for any purpose.
"Granny flat" or "granny housing" means a secondary dwelling unit which is: (1) intended for the sole occupancy of
one (1) or two (2) adult persons sixty-two (62) 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
(30%) 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 (1,200) 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 (5) 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 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.
Homeless Shelter. See: "Emergency shelter."
(Supp. No. 5, Update 3)
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"Homeowner association" or "HOA" means the "association," as defined in Section 4080 of the California Civil Code
(or successor provision) that serves as the nonprofit corporation or unincorporated association created for the
purpose of managing a common interest development.
"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.
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 (1) 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 (5) 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."
"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 (1) 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 (1) 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
(Supp. No. 5, Update 3)
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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 (2) streets intersecting at an angle of not more than one hundred
thirty-five (135) degrees. If the angle of intersection is more than one hundred thirty-five (135)
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 (40) feet wide and more than twenty (20) feet long and situated so that another lot is located
between the main portion of the flag lot and the street.
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3. "Interior lot" means a lot abutting only one (1) street or abutting two (2) streets which intersect at an
angle greater than one hundred thirty-five (135) degrees.
4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one (1) 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 (2) 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.
(Supp. No. 5, Update 3)
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"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 (3) lot lines, the rear lot line is a ten (10) -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.
"Low Barrier Navigation Center" as defined in Government Code Section 65660 means a Housing First, low -barrier,
service -enriched shelter focused on moving people into permanent housing that provides temporary living
facilities while case managers connect individuals experiencing homelessness to income, public benefits, health
services, shelter, and housing.
"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 (1) or more sections which has been
certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.
"Master commercial development" means a commercial center for which an overall site development permit was
approved and implemented, which may have remaining unconstructed pads or buildings.
"Master plan of arterial highways" means a component of the circulation element of the city's general plan
designating adopted and proposed routes for all commuter, secondary, primary and major highways within the
city.
"Master plan of drainage" means an engineering report outlining the drainage facilities needed for the proper
development of the city.
"Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a
range of density is permitted, means the maximum allowable density for the specific zoning range applicable to
the subject project.
"Median" means a paved or planted area separating a street or highway into opposite -direction travel lanes.
Medical clinic. See: "Clinic, medical."
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"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 (1) 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
(500) 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 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 (30%) or steeper and those areas designated for public and private
road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein
as part of the development project.
"Net site area" or "net lot area" means the total land area within the boundaries of a parcel or building site after
ultimate street rights-of-way and easements that prohibit the surface use of the site are deducted.
"Noncommercial coach" means a vehicle, with or without motive power, designed and equipped for human
occupancy for classrooms and other nonresidential and noncommercial uses.
"Nonconforming lot" means a lot or parcel which was lawful and in conformance with the applicable zoning
ordinances when established but which, due to subsequent ordinance changes, does not conform to the current
development standards applicable to the zoning district in which it is located. See Chapter 9.270.
"Nonconforming structure" means a structure which was lawful and in conformance with the applicable zoning
ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current
development standards applicable to the zoning district in which it is located. See Chapter 9.270.
"Nonconforming use" means a land use which was lawful and in conformance with the applicable zoning
ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the
zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has
been approved. See Chapter 9.270.
(Supp. No. 5, Update 3)
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"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 (1) producer of hazardous waste, used for the treatment, transfer, storage,
resource recovery, disposal or recycling of hazardous waste, including, but not limited to:
1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.);
2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities);
3. Stabilization/solidification facilities;
4. Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6. Transfer/storage facilities.
"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 (5%)) but which may contain some steeper land (i.e., with slopes up to twenty percent (20%)) which has
utility for picnicking or passive recreation activities and which complements surrounding usable open space.
Usable open space is a minimum of fifteen (15) feet in width and three hundred (300) 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.
(Supp. No. 5, Update 3)
Page 14 of 21
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"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 (1) ownership which is identified as a lot or parcel on a recorded final
map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or
lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code.
"Parking accessway" means a vehicular passageway that provides access and circulation from a street access point
into and through a parking lot to parking aisles and between parking areas.
"Parking structure" means a structure which is open or enclosed and is used for the parking of motor vehicles.
"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 (1)
or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of
such an impairment.
"Personal services" are establishments providing nonmedical services as a primary use, including, but not limited
to, barber and beauty shops, spas and tanning salons, clothing rental, dry cleaning stores, home electronics and
small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors.
"Planned unit development" means a residential development characterized by comprehensive planning for the
entire project, the clustering of buildings to preserve open space and natural features, and provision for the
maintenance and use of open space and other facilities held in common by the property owners within the project.
Pole sign. See sign definitions, Section 9.160.130.
Portable sign. See sign definitions, Section 9.160.130.
"Precise plan" or "precise plan of development" means the plan or plans for a project, development or other
entitlement approved by the decision-making authority. A precise plan may include site, grading, architecture,
landscaping plans and may also include a plan text describing the project design, development phasing, and other
characteristics.
"Precise plan of highway alignment" means a plan, supplementary to the master plan of arterial highways, which
establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines.
Primary residence. See: "Main dwelling."
"Primary unit" means a single-family or multifamily residential unit constructed and intended as the principal unit
and building on a lot. The primary unit shall be the largest unit on the lot.
(Supp. No. 5, Update 3)
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"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 (6) 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, cafes, 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.
Rest home. See: "Convalescent home."
Restaurant, Drive -Through. "Drive-through restaurant" means a restaurant with one (1) or more automobile lanes
which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles.
"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.
(Supp. No. 5, Update 3)
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"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 (1) 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 (6)- or seven (7) -digit number
beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six (6)- or seven (7) -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 (61) days and a maximum of one (1) year. A
permit for semi-permanent signs advertising future facility construction shall not be approved until a development
review application has been submitted.
"Senior citizen" means a person fifty-five (55) 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 (6) or fewer senior citizens.
"Senior group housing" means a residential development which is developed or substantially renovated for and
occupied by seven (7) 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
(Supp. No. 5, Update 3)
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84
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 (1) or two (2) persons per unit. Each unit
contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared.
Site. See: "Building site."
Site area, Net. See: "Net project or site area."
Site coverage. See: "Building site coverage."
Site development permit or development permit. See Section 9.210.010.
"Slope" or "slope gradient" means the vertical distance between two (2) points on a slope divided by the horizontal
distance between the same two (2) points, with the result expressed as a percentage; e.g., "the slope has a twenty
percent (20%) 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 (2) 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 (1) time.
"Stall" means a division of a stable accommodating one (1) 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
(24) 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 (30) 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.
(Supp. No. 5, Update 3)
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"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 9.10.010(A). (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 (1) 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 (18) 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 (1) 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 (45) 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 (12) 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 (2) weeks or less.
"Transitional housing" is buildings configured as rental housing developments, but operated under program
requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no less than six (6) 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 (2) weeks or less.
Two (2) -Unit Attached Dwelling. See: "Dwelling, two (2) -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
(Supp. No. 5, Update 3)
Page 19 of 21
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86
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.
"Village hospitality home" means a unit located on a parcel size between four thousand five hundred (4,500)
square feet and ten thousand (10,000) square feet that is not occupied by an owner or manager and that is rented
in its entirety to transient guests for a period of thirty (30) consecutive calendar days or less, subject to Chapter
3.24 Transient Occupancy Tax.
Wall Sign. See: "Building -mounted sign" in sign definitions, Section 9.160.130.
"Wing wall" means an architectural feature in excess of six (6) feet in height which is a continuation of a building
wall projecting beyond the exterior walls of a building.
"Yard" means an open space on a parcel of land or building site unobstructed and unoccupied from the ground
upward except for wall projections permitted by this code. Yards are classified as follows:
1. "Front yard" means a yard extending across the full width of the lot between the front lot line or the
ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal
to the setback established in the development standards for the applicable zoning district and is
measured along a line drawn at a ninety (90) -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 (90) -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 (90) -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.
(Supp. No. 5, Update 3)
Page 20 of 21
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87
1-
Lu
Lu
INTERIOR
SIDE YARD
REAR YARD 1
FRONT YARD
EXTERIOR SIDE YARD
STREET
TYPES OF YARDS
"Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code,
including the official zoning map and other maps and graphics incorporated in the zoning code text or included
therein by reference.
"Zoning district" or "district" means an area of the city designated on the official zoning map and subject to a
uniform set of permitted land uses and development standards.
"Zoning map" or "official zoning map" means a map incorporated into this code by reference which covers the
entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area
the uses permitted, development standards required, and other applicable provisions of this code.
(Ord. No. 609, § 1(Exh. A), 2-6-2024; Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; Ord. 577 § 1, 2019; Ord.
562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 1, 2016; Ord. 512 § 1, 2013; Ord. 505 § 1, 2012; Ord. 489 § 1, 2011;
Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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88
13.12.100 Public notice procedure.
A. Public Notice. Public hearings shall be held on tentative maps as set forth in Table 13-1. Notice of such
hearings shall be published at least one (1) time not less than ten (10) days before the date of the public
hearing (twenty (20) days if the tentative map is not exempt from CEQA action). The notice shall include the
following information:
1. The time and place of the public hearing;
2. The hearing body or officer;
3. A general explanation of the matter to be considered;
4. A general description of the property in text or diagrammatic form;
5. Map preparer/subdivider representative.
B. Specific Hearing Notification. Notices of public hearings shall be mailed or delivered to the following
people/entities at least ten (10) days prior to the hearing:
1. Either the owner of the subject property or the owner's duly authorized agent;
2. The project subdivider;
3. Each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or
services to the project, whose ability to provide those facilities and services may be significantly
affected;
4. All owners of real property within five hundred (500) feet of the property in question, as shown on the
latest updated equalized assessment roll.
(Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
(Supp. No. 5, Update 3)
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89
POWERPOINTS
PLANNING COMMISSION
SEPTEMBER 10, 2024
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Planning Commission Meeting
September 10, 2024
5:00 p.m.
2
1
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
WHAT IS A STRATEGIC PLAN?
• A living document with Focus Areas and Goals reflective of the
City's vision and Sacred Values.
• It includes a Mission Statement, Sacred Values and Focus Areas
with Goals.
• It is reviewed and updated routinely as goals are achieved or the
City's priorities change to add new Focus Areas.
4. uLcta.
MISSION STATEMENT
ij
+.
As the "Gem of the Desert," the City
of La Quinta is committed to
enhancing its unique natural
surroundings to the benefit of its
diverse residents through support
for the arts and culture, public
safety, affordable housing,
sustainable fiscal and environmental
guidelines, multiracial and
multigenerational activities and
events, and preservation of its
2
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
SACRED VALUES 9
Fiscal Sustainability: In La Quinta we prioritize financial management to ensure
the well-being of our community. We are committed to conservative spending
practices and providing high quality services and amenities. This proactive
approach reflects our dedication to safeguarding the stability and resilience of our
City.
• Health & Wellness - La Quinta is a place to escape the hustle and bustle of
everyday life. Here, anyone can unplug and experience nature, and a legacy of
luxury with countless breathtaking views, community parks, and spa retreats. It's
no wonder La Quinta is called the "Gem of the Desert."
5
SACRED VALUES
9
• Vibrant & Safe Community: There's something different about La Quinta -
something special. Spend enough time here and you'll see why. It's the people. Here
we care and uplift one another because we are a community dedicated to supporting
the safety and prosperity of all.
• Cultural Diversity: In La Quinta, we are committed to making meaningful
connections - we celebrate our differences and promote safety and inclusivity.
• Visually Beautiful City - Surrounded by some of the country's most beautiful
natural landscapes and historic landmarks, La Quinta is a sustainable destination
defined by its beauty - inside and out. Whether it's our local art, unique parks, or our
striking mountainscapes, La Quinta shines brightly.
adiaa
6
3
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
COLLABORATIVE EFFORT
• The proposed draft Plan has been a collaborative effort of staff
citywide.
• It also reflects input from our residents during the Community
Workshop in February and an outreach meeting in April.
9 e
4. u/ cta,
7
1
13 FOCUS AREAS
• Implement the Reenvision Highway 111 Plan
• Address IID Lease Expiration & Equipment Needs
• Underground Utilities
• Be a Leader in Sustainability
• Exemplary Public Safety
• Marketing & Tourism
• Broaden Community Involvement
• Continue to Address Affordable Housing Needs
• Expanding La Quinta's Boundaries
• Expand Art in Public Places
• Preserve La Quinta's History
• Enhance Health/Wellness & Recreation Amenities
• Economic Development
8
4
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
SEEKING YOUR INPUT
• Today, we are highlighting 6 Focus Areas for your input — many of them
long-term and potentially big fiscal impact projects:
• Implement the Reenvision Highway 111 Plan
• IID equipment needs — for current and future needs
• Undergrounding utilities
• Continue to Address Affordable Housing Needs
• Possible expansion of the City's boundaries
• Preserve La Quinta's History
4. u/ cta.
9
WHAT'S NEXT
• The draft Plan is being presented to each of the City's
Commissions for input.
• In October, it will be presented to the City Council in a Study
Session.
• Adoption of a final Strategic Plan by the City Council is
anticipated by the end of 2024 or early in 2025.
9
10
5
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
4.2A 1,
DISCUSSION
11
Planning Commission
September 10, 2024
S2 Special Event Regulations in
Residential Districts
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Introduction
• Summary of regulations
• Review and approval process
• Analysis of event applications
• Common concerns
• Potential considerations/Council feedback
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What is a special event?
• Pageants, fairs, carnivals, block parties
• Events at private residences with two or more of
the following:
Outdoor amplified music --Tents
Stage or staging --Event Lighting
Additional parking considerations --Traffic Restrictions
Other characteristics consistent with larger gatherings that
are not consistent with occasional residential parties or small
events
• Events at short term vacation rentals that exceed
daytime occupancy
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Special Event Tiers1
Tier 1: 1-
3 events per year
Tier 2: 4-11 events per year
Tier 3: 12 or more events per year
All have similar review processes and requirements for
neighborhood noticing
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Tier 1: 1-3 Events
Allows up to 3 events per year
45 -day submittal deadline
Staff -level decision with no public hearing
City Manager can expedite the application processing
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Tier 2: 4-11 Events 1
Allows 4-11 events per year
90 -day submittal deadline
Director decision with public hearing
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Tier 3: 12+ Events
Allows 12 or more events per year
90 -day submittal deadline
Planning Commission decision with public
hearing
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Review Process
Application submitted
3 -week review
Correction letter issued
Applicant resubmits
3 -week review
Conditions of Approval drafted
Approval issued
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Sample Conditions of Approval
Prior to
Event
Event contact
submitted to
Planning
Division
Obtain permits
from other
departments
During
Event
Access
maintained to
neighboring
properties
Must follow
noise ordinance
After
Event
Event site left
clean
Police
department may
bill applicant for
lost time
L.
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Application Profile ..=
2018-2024
• 48 applications
received
— 96% were for Tier 1 (46)
• 38 were approved
74% (28) STVR
50% (19) w/in STVR exempt
areas
92% (35) large estates
30% (11) at Griffin Estate
51 % weddings, corporate
events, fundraisers,
receptions, music festival -
related.
Applications received have dropped since
COVID-19 pandemic
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Concerns
• Poor management of event
— Attendance exceeds approval
— Not enough resources provided to manage event
— Parking/traffic disruptions
— Amplified music beyond approved operation time
• Late special event application submittals
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Considerations / Council feedback
1. Eliminate tiers and process individually
2. Require finding made that a parking plan
demonstrates sufficient parking is
available for anticipated attendance;
Evaluate parking impacts on surrounding
neighborhood and impose conditions.
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Considerations / Council feedback
3. Eliminate requirement for special event approval
for STVR properties exceeding the total daytime
number of occupants
— Let criteria for residences apply
OR
— Prohibit special events at STVR except for exempt
properties or property owner use
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
•
Considerations / Council feedback
4. Establish administrative fines
5. Impose two -strikes policy
Allot
■
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
1
Background
• Staff periodically reviews the municipal zoning code
and proposes amendments to update or clarify
standards.
• Update Accessory Dwelling Unit (ADU) regulations
to meet State housing law and compliance with
Housing Element.
• Staff also reviews for opportunities for development
code streamlining, design flexibility, and Code
Clean-ups
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Accessory Dwelling Unit (ADU)
• Changes are being made to comply with changes in State law.
o Clarification of definition and references to State Code sections.
o Explicitly requires owner -occupancy for houses that contain a
Junior ADU.
o Allows for the sale of an ADU separate from the home under very
specific circumstances:
■ Must be associated with a non-profit organization.
■ Both the primary house and the ADU must be restricted to
low income household owners for 45 years.
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
1
Vinyl Fencing
• Allow vinyl fencing in the front yard
area to allow for flexibility in
affordable materials.
• Materials to be approved by the
Design and Development Director
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Clarification of Village Parking
Allowances
Simplifies Village Build Out
Area parking reduction
allowances section by
removing unclear sections.
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Temporary Use Permits
• TUP's are required for various •
temporary uses allowed in the
Code and have time limits set
according to the particular use
PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
9.15D.O5D Determination of spaces required.
A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided In
accordance with this section when the subject building or structure is constructed or a use is established or
changed. In determining such off-street parking requirements, the city may use the aIternative methods
described in this sectIon. The city reserves the option of requiring the use of mare than one Ill of these
methods, depending an the type, site and mix of uses in a proposed development.
8. In the Village8uitd-Out Plan Area, a reduction of fifty percent (MI Is allowed,
`e aerme- _a �.,.k_ i"'ccto Na additional off-street parking is required fora change In
nonresidential use.
Parking spates required but riot provided on-site can be provided through the preparation of a parking plan
that can Include!
1. Use of an -street parking spaces immediately adjacent to the project, to the satisfactlpn of the director _
2. A shared parking agreement with adjacent property owner_
A fair share contribution to the in lieu fee program.
ro iresi�ential turd lac n the pre i ct sit: Iv c ntructbahy dcdlcatctt us pub,lc hurcd poi
A rhe p{kjcst Other alternative methods listed In subsection c approved ins site development permit -
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Ttl0704r ry �1ia
Chnnmas rrea sales, subsea ra %cnon ''..L!12.01Z
Helleweert pumpkin sales sublet[ [e Setted laiDagfi
Stands selling rr pr uce rosaawa7, wbpctm Sermon ugasE
Ldt.relksales eubjeei Cts Section 1E21129
Tumperaryvuidaer wants. subi‘rr1aSs1.son 4,101).4
Use or re;oroteble building. subjectto Settlpn.�,1riMarj
•
The proposed additions
would give a maximum
time limit of 18 months to
TUPs that do not fall under
those sections
One time extension of 12
months would be allowed
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Bed and Breakfast Inns
• Removes redundant process
• Short Term Vacation Rental Permits can be issued for
Homeshares which require an owner reside at the
residence during the temporary occupants stay
• Key distinctions:
• Maximum size /number of temporary occupants
• Permit Term
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Code Clean -Ups
• Conditional Use Permit
• Garage Setbacks
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PLANNING COMMISSION MEETING
SEPTEMBER 10, 2024
Other Discussion Items
• In Chapter 13, Subdivision Requirements, modify
the Public Notice period of 20 days to 10 days to
be consistent with other City applications and
State requirements
• Mills Act — Historic Preservation Contracts
• Food Truck Ordinance
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WRITTEN COMMENT
SS1: DRAFT STRATEGIC PLAN
PLANNING COMMISSION
SEPTEMBER 10, 2024
Tania Flores
From: Philip Bettencourt <philip@bettencourtplans.com>
Sent: Tuesday, September 10, 2024 10:47 AM
To: Tania Flores
Cc: Linda Evans; Jon McMillen; 'JB Hamby'; pbcourt2018@gmail.com; Bryan McKinney
Subject: IID Service Initiatives
EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening
attachments, clicking links or responding to requests for information.
Commissioners and staff, during this afternoon's study session review of the city's
Strategic Plan I would like to add my support as an unofficial cheerleader for the
city's efforts to secure and enhance the level of electrical service to the City Of La
Quinta and to our environs:
• I am honored to serve as an at- large commissioner for cities on the
Coachella Valley Energy Commission.
• The city also participates in the Energy Consumers Advisory Committee
through the good efforts of council member McGarrey and our public works
director/city engineer Bryan McKinney
• In addition, the city manager and IID officials have been working with a
group of builder/ developers eager to enhance electrical energy service through the
avenue 58 substation service region particularly,
• The city is also participating in a Tong -term facilities governance study with
the assistance of the Coachella Valley Association Of Governments. Work products
from that consultant effort are pending and still subject to entity and public review
Bottom Line: Finding long-term viable and the executable solutions to the question of
IID electrical service and transition options is among the most challenging public
policy facing the City of La Quinta.
Philip F. & Meredith Bettencourt
Real Estate Development Planning 1 Stewardship
78-365 Highway 111, No 432
La Quinta, CA 92253
1
949-874-4443 1 Tewlephone or text at will
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HANDOUTS
PLANNING COMMISSION
SEPTEMBER 10, 2024
PLANNING COMMISSION MEETING SEPTEMBER 10, 2024 - HANDOUT BY STAFF
STUDY SESSION ITEM NO. 3 - CODE UPDATES
9.150.010 Purpose and intent.
A. Purpose. These regulations are intended to: (1) provide for off-street parking of motor vehicles attracted by
the various land uses in the city; (2) ensure the health, safety and welfare of the public by preventing
obstruction of rights-of-way and fire lanes; and (3) provide for properly designed parking facilities with
adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance
public safety.
B. Parking Required. Off-street parking is required for all land uses in accordance with this chapter. In the
Villagc Commcrcial district, any variation on thc parking standard can be approvcd by thc dircctor.
(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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Created: 2024-08-07 10:59:38 [EST]
9.150.050 Determination of spaces required.
A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided in
accordance with this section when the subject building or structure is constructed or a use is established or
changed. In determining such off-street parking requirements, the city may use the alternative methods
described in this section. The city reserves the option of requiring the use of more than one (1) of these
methods, depending on the type, size and mix of uses in a proposed development.
B. In the Village Build -Out Plan Area, a reduction of fifty percent (50%) is allowed, and any variation of the
parking standard can be approved by the director. No additional off-street parking is required for a change in
nonresidential use. Development projects are required to provide all of the parking for residential
development on site, and a minimum of half the required spaces for commercial development on site.
Parking spaces required but not provided on-site can be provided through the preparation of a parking plan
that can include:
1. Use of on -street parking spaces immediately adjacent to the project, to the satisfaction of the director .
2. A shared parking agreement with adjacent property owner.
3. A fair share contribution to the in lieu fee program.
4. An allocation of surplus parking spaces from ninety percent (90%) of the village parking study parking
nonresidential land use on the project site is contractually dedicated as public shared parking, and
signage is provided to allow public parking on the project site.
54. Other alternative methods listed in subsection C approved in a site development permit.
C. Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most
land uses. This schedule is required unless the applicant can show to the satisfaction of the city decision-
making authority that it does not apply. Other alternative methods herein below may then be employed to
determine the required parking spaces:
1. A recognized authority's shared parking methodology for calculating the peak demand over time for
parking in a development of mixed uses using the same parking facilities as specified in Section
9.150.070;
2. A city methodology for calculating the parking demand for extremely complex or unusual uses or
combinations of uses for which the standard schedule, a recognized authority's methodology and/or
verifiable data are not applicable. Some or all of the following factors may be utilized in this
methodology: expected numbers of occupants, employees, customers or visitors, vehicles stationed on
the site, service and loading spaces required, handicapped spaces required, emergency access
considerations and use of parking by unauthorized vehicles.
D. Parking In -Lieu Program. The city may permit required parking spaces in the Village Build -Out Plan Area to be
reduced through execution of a parking agreement, subject to the following requirements:
1. A binding agreement, recorded against the property, between this city and the property owner. The
agreement shall contain, at a minimum, all of the following:
a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and
shall run with the land;
b. A payment schedule with a payment period not exceeding four (4) years. If an
assessment/benefit or parking improvement district is established, the obligation of the property
owner shall become due and payable under the terms of such district;
(Supp. No. 5, Update 3)
Page 1 of 2
Created: 2024-08-07 10:59:38 [EST]
c. A cash mitigation payment. The amount per space shall be established as determined by the
planning and public works divisions, plus an inflation factor. The amount will be calculated at the
time of agreement execution.
2. An irrevocable offer from the property owner to participate in any future assessment/benefit or
parking improvement district that may be formed in the VC or MU overly districts.
3. The money collected may be released to a city -created parking assessment/benefit or parking
improvement district, or may be used in the furtherance of general parking improvements in the VC or
MU overlay districts, at the option of the city. Any financial obligation issued against such property
shall be reduced accordingly to the amount of mitigation money paid at the time of the district
formation.
4. The property owner shall secure the mitigation payment by providing the city with a second deed of
trust in the amount of the total mitigation payment.
E. Incentive Based Parking Adjustments. In all districts, the following may result in a reduction in parking spaces
of up to fifteen percent (15%), subject to approval by the planning commission:
1. Permanent, non -vegetation shade structures covering fifty percent (50%) of all parking spaces.
2. Increased landscaping and public spaces.
3. Pedestrian improvements not located in the right-of-way or project driveways.
4. Vehicular and nonvehicular connections between projects.
5. Use of pervious surfaces for drainage, or creative drainage solutions.
6. New commercial and mixed use development providing preferred parking locations for electric and
other alternative fuel vehicles.
7. Developments that provide a minimum of two (2) parking spaces or of the minimum number of spaces,
whichever is greater, for golf carts and neighborhood electric vehicles (NEV) shall receive a parking
credit reduction equal to five percent (5%) of the standard parking spaces required for that
development.
(Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
(Supp. No. 5, Update 3)
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Created: 2024-08-07 10:59:38 [EST]