Loading...
ORD 618 Title 9 & 13 Tune Up ZOA 2024-0001ORDINANCE NO. 618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 9 AND TITLE 13 OF THE LA QUINTA MUNICIPAL CODE REGARDING: RESIDENTIAL SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES, VILLAGE PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS, RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT REGULATIONS PROJECT: ZONING ORDINANCE AMENDMENT 2024-0001 WHEREAS, the City Council of the City of La Quinta, California did, on November 19, 2024, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2024-0001 to amend various sections of Title 9 and Title 13 of the La Quinta Municipal Code; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on October 8, 2024, held a duly noticed public hearing and adopted Planning Commission Resolution No. 2024-015, recommending the City Council adopt all code amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on November 8, 2024, as prescribed by the Municipal Code; and WHEREAS, the zone text amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved findings of the General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan; and WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review, and permitting procedures and Title 13 of the Municipal Code contains chapters that address subdivision regulations; and WHEREAS, the proposed zoning text amendments are necessary to update or clarify development standards; and Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 Page 2 of 4 WHEREAS, the proposed zoning text amendments are necessary to be in compliance with State housing law regulations for accessory dwelling units; and WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment (9.220.020(E)) and incorporated herewith by this reference: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public and Policy LU-3.3 to maintain residential development standards that assure a high quality of development in the Zoning Ordinance; and 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment meets State housing law regulations for development of accessory dwelling units, allows for site design flexibility for various residential features, clarifies language in the municipal zoning code, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Titles 9 and 13 shall be amended as written in "Exhibit A" attached hereto, and incorporated herewith by this reference. SECTION 2. The proposed zone text amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622). SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2024-0001, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 Page 3 of 4 SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 6. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 3rd of December 2024, by the following vote: AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 Page 4 of 4 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 9.40.030 Table of permitted uses. EXHIBIT A 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. "W: Permitted if a minor use permit is approved. "W: 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 use4-1 C = Conditional use permit v N a PUD = Planned unit development > ,� aj M= Minor use permit c a) or c N o of H= Home occupation permit o aj t � o = N S= Specific plan required J a aj E v o T= Temporary use permit L � 6 . X =Prohibited use � o U 2 M 2 car, - Land Use RVL RL RC RM RMH RH Single-family detached dwellings P P P P P S Single-family detached patio homes (i.e., "zero lot- PUD PUD PUD PUD PUD PUD line") Duplexes (two units on the same lot) PUD PUD X PUD P P Single-family attached dwellings (two units per PUD PUD X PUD P P building with each unit on its own lot) Townhome dwellings (two or more units per building PUD PUD X P P P with each unit on its own lot) Condominium multifamily ("airspace" units) PUD PUD X P P P Apartment multifamily (rental units) X X X P P P Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes P P P P P S on individual lots, subject to Section 9.60.180 Resort residential subject to Section 9.60.310 P P X P P P (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 1 of 4 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 6 or fewer children, subject to Section 9.60.190 A 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 P P P P P X Congregate care facility C C C C C C Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons P P P P P P Senior group housing, 7 or more persons X X X M M M Time share facilities, subject to Section 9.60.280 M M M M M M 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 P P P P P P Bicycle, equestrian and hiking trails P P P P P P Clubhouses and community pools/cabanas P P 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 M M M M M M Golf courses and country clubs per Section 9.110.040 P P P P P P Driving range with or without lights M M X M M 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 P P 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 P P 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) Created: 2024-08-07 10:59:35 [EST] Page 2 of 4 On lots of 1 acre or more, the noncommercial A A X X X X 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. Other accessory uses and structures which are A A A A A A customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district. 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 A A A A A A 9.60.200 Use of relocatable building M M M M M M Model home complexes and sales offices, subject to M M M M M M Section 9.60.240 Special outdoor events, subject to Section 9.60.170 M M M M M M Parking of recreational vehicles, subject to Section A A A X X X 9.60.130 Other Uses Churches, temples and other places of worship C C C C C C Museum or gallery displaying sculpture, artwork or M M M M M M crafts, including schools for above, on 20 acres or more Community recreational vehicle storage lots, A A X A A A noncommercial Communication towers and equipment C C C C C C (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co -location, M M M M M M mounted to existing facility) subject to Chapter 9.170 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) Created: 2024-08-07 10:59:35 [EST] Page 3 of 4 Other principal, accessory or temporary uses not in Director or planning commission to this table. 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) Created: 2024-08-07 10:59:3S [EST] Page 4 of 4 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. FENCES MORE THAN 30" APART ibetween adjac"I faced SHALL HE CONSIDERED OPEN RAILING UP TO 46" HIGH SEPARATE STRUCTURES FOR PURPOSES OF MEASURING HEIGHT ON TOP OF MAX. HEIGHT WALL I f FOR PEDESTRIAN SAFETY INDEPENDENTWALL —�-4 MAXIMUM WALL � 4 ��� INDEPENDENT WALL HEIGHT r... _q ;� fir. • 'J 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) Created: 2024-08-07 10:59:35 [EST] Page 1 of 4 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. Setback Areas Bordering Streets, Alleys and Other Accessway. a. Within all districts, the maximum fence height shall be six (6) feet within any front, rear or side setback area adjoining a public street. b. 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. C. 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; 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. 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: 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. Gates. 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. 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) Created: 2024-08-07 10:59:35 [EST] Page 2 of 4 Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: Wood Fencing. a. Except for gates, split two (2)-rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood 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. 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. d. 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 (%) 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: 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. C. The material(s) are of good and durable quality. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 3 of 4 d. The material(s) will not be detrimental to the health, safety and general welfare of the community in the area. Fence Landscaping and Maintenance. 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. 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. 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) Created: 2024-08-07 10:59:35 [EST] Page 4 of 4 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. 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 (20) feet. 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. 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. 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) Created: 2024-08-07 10:59:36 [EST] Page 1 of 1 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. The following definitions shall apply for the purposes of this Section 9.60.090 notwithstanding any definition to the contrary in Chapter 9.280 or elsewhere in this Municipal Code. "Accessory dwelling unit." 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 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 66313(a) (or successor statute). In addition, the following definitions shall apply for purposes of this section: 2"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, or as defined by Government Code Section 66313 (d) (or successor section). A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "Living area" shall have the same meaning as California Government Code Section 66313(e) (or successor section in the Government Code),. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section). "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 or as defined by Government Code Section 66313(I) (or successor section). C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units: 1. Except as provided in Government Code Section 66341 (or successor section) as provided in Subsection G of this Section 9.60.090, 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 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 dwellingor eight hundred fifty (850) square feet, or one thousand (1,000) square feet for a unit that provides more than one (1) bedroom. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 1 of 7 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. 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 where prohibited by Government Code Sections 61314 (d)(10) 66322 (or successor sections) in any of the following instances: i. The accessory dwelling unit is located within one-half (%) 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. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 2 of 7 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. 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 orjunior 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 Government Code Section 66333. 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 (%) 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, (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 3 of 7 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. 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. 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. 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 junior 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 and Government Code Section 66333 (or successor 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. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 4 of 7 5. Ajunior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: A cooking facility with appliances, and b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 6. 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. 7. Parking: Ajunior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence. 8. 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. 9. 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. 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 either approve or deny the application within sixty (60) days from the date City receives a complete application 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 or multi -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 or multi -family dwelling. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay. 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. 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. 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: The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation; and 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 (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 5 of 7 The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: 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. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 6 of 7 This Subsection G is intended to be duplicative of Government Code Section 66340 et seq.. To the extent this Section is in conflict with Government Code Section 66340 et seq., the provision in the Government Code shall prevail. (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) Created: 2024-08-07 10:59:36 [EST] Page 7 of 7 9.60.170 Special events —Residential. 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: Pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings. 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, residential dwelling with a short term vacation rental permit, 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. B. Standards. Special events are permitted in residential districts as indicated in Table 9-1 with the approval of a special event permit by the Design and Development Director, or designee, in accordance with the following: One (1) special event may not exceed three (3) consecutive days. 2. Reserved.3. Reserved4. Reserved. An application for a special event permit shall be submitted to the design and development department no later than forty-five (45) days prior to the proposed special event. The city manager or designee may allow for an expedited application of a special event permit, which may be submitted later than the application deadline 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. An expedited application fee shall apply for submittal of applications later than forty-five (45) days prior to the proposed special event. Findings. The following findings shall be made by the Design and Development Director or designee in conjunction with approval of a special event 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. Parking plan has been provided that demonstrates sufficient parking will be provided for the anticipated attendance and the potential impacts on the surrounding residential streets are minimized, to the satisfaction of the Design and Development Director. 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. (Supp. No. 5, Updatel) Created: 2024-05-06 08:24:2S [EST] Page 1 of 4 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. 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. 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. 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: 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: (Supp. No. 5, Updatel) Created: 2024-05-06 08:24:25 [EST] Page 2 of 4 Permit Limitation. The city manager or designee may summarily deny, suspend, or revoke any current or pending special event permit pursuant to the provisions set forth in Section 2.04.100 (Appeals to Council), 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 special event 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 special event 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. 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. Two (2) strikes policy. Subject to a violation reprieve request, two (2) violations of any provision of this section, any conditions of approval or other provisions of this municipal code 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, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a violation reprieve request means a written request submitted to the city's code compliance officer for relief from counting one (1) or more violations within the one (1) year period as a violation. 4. Administrative and misdemeanor citations. The city may issue an administrative citation to any applicant, occupant, responsible person, owner or owner's authorized agent or representative, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this section, any conditions of approval, or any other provisions of the municipal code committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: Violations of any provision of this section, any conditions of approval or other provisions of the municipal code. First violation: one thousand dollars ($1,000.00); Second violation: two thousand dollars ($2,000.00); iii. Third violation: three thousand dollars ($3,000.00). Operating a special event without a valid special event permit. First violation: one thousand and five hundred dollars ($1,500.00); (Supp. No. 5, Updatel) Created: 2024-05-06 08:24:25 [EST] Page 3 of 4 ii. Second or more violations: three thousand dollars ($3,000.00); iii. Third or more violations: five thousand dollars ($5,000.00); iv. 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. C. Hosting a special event at a short-term vacation rental 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. i. First violation: five thousand dollars ($5,000.00); ii. Second violation: five thousand dollars ($5,000.00). 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 special event 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) (Supp. No. 5, Updatel) Created: 2024-05-06 08:24:25 [EST] Page 4 of 4 9.60.270 Bed and breakfast regulations. A. Purpose. The city council finds that bed and breakfast facilities constitute small commercial lodging facilities in residential districts. This requires special regulations that are not normally covered by standards for motels and hotels. B. Definitions. See Chapter 9.280. C. Limits on Occupancy. 1. The bed and breakfast shall be conducted only by a person owning the dwelling and residing therein as their principal place of residence. The use permit shall be voided upon the sale or transfer of the property ownership. 2. The bed and breakfast shall accommodate a maximum of eight (8) guests in four (4) rooms. D. Where Permitted. Bed and breakfast are permitted subject to approval of a minor use 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 change in the outside structure is permitted and any change inside must be convertible to the original residential use. 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 the structure can be used for rental. 4. Landscaping may be required to screen parking areas from the view of adjacent properties and from public/private streets. 5. Locating another bed and breakfast use within three hundred (300) feet is prohibited. 6. Signs shall not exceed two (2) square feet attached to the house. F. Required Finding. In addition to the requirements for findings of fact as established by California law or other provisions of this code, the approval of a conditional use permit for a bed and breakfast shall require the following additional findings: 1. The property is physically suitable for use as a bed and breakfast facility; 2. The use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners. G. Transient Occupancy Tax. Bed and breakfast facilities shall be subject to all applicable provisions of Chapter 3.24 of the municipal code. H. Commencing January 3, 2024, which is the effective date of Ordinance No. 618 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. (Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 1 of 1 9.140.090 MU mixed use overlay regulations. A. Purpose. To facilitate the development of mixed use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner. The mixed use overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity to services, employment, and transportation hubs, and by providing interconnected multi -purpose paths for alternative modes of transportation. B. Applicability. The MU overlay district and the provisions of this section apply to all areas designated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the MU regulations, the MU regulations shall control. C. Definitions. See Chapter 9.280. D. Permitted Uses. Any use permitted or conditionally permitted in the underlying district. Mixed use projects consisting of both multifamily residential (apartments, condominiums, live/work, and similar housing types) and commercial/office components. E. Development Standards. Mixed use projects shall include both a commercial and/or office component and a multifamily residential component, which are fully integrated with regard to access, connectivity, and public safety. Residential uses with a density of twelve (12) to twenty-four (24) units, must comprise a minimum of thirty-five percent (35%) of the total square footage of the proposed project, with the exception of conversion of existing commercial buildings or portions thereof to live/work units. Mixed use projects can be designed vertically (residential development over commercial development) or horizontally (residential development next to commercial development). 2. Minimum lot sizes shall be one (1) acre, with the exception of the VC district where lot sizes can be less than one (1) acre. To maximize design options, development of mixed use projects on lot assemblages or lots greater than one (1) acre is encouraged. 3. The use of vacant pads for mixed use projects in existing commercial development along Highway 111 is encouraged. 4. Minimum densities for residential development shall be twelve (12) dwelling units per acre, with the exception of conversion of existing commercial buildings or portions thereof to live/work units. 5. Maximum densities for residential development shall be twenty-four (24) dwelling units per acre. Higher densities may be achieved through density bonuses, where applicable. 6. The residential component of mixed use projects shall be subject to the setback requirements of the underlying commercial district. 7. Maximum Height. A mixed use project may be up to twenty-five percent (25%) more in height than in the base district, if approved in the site development permit. Mixed Use Overlay District Maximum Building Height Underlying District Maximum Height CR 60 feet CP 45 feet (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 3 CC 40 feet CN 35 feet VC 45 feet*,** CT 55 feet CO 55 feet *In the VC underlying district, when a minimum of one-half the required parking spaces are located beneath the principal mixed use structure, the number of stories shall be measured from the finished floor of the building's ground floor and shall not include the parking level. ** Building height from forty-six (46) to sixty (60) feet may be permitted with approval of a CUP. See Section 9.70.110. 8. Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio requirements of the underlying district. 9. The first (ground) floor of a multi -story mixed use project located within three hundred (300) feet of the Highway 111 right-of-way shall consist of commercial and/or office development. Residential uses on the first (ground) floor are prohibited. 10. New buildings (constructed after the date of approval of this code) in mixed use projects shall not be longer than three hundred (300) feet to facilitate convenient public access around the building. 11. Pedestrian, bicycle, and other nonmotorized travel connections, including sidewalks, trails, and/or crosswalks, are required between the commercial/office and residential components of the project, as well as leading to/from street fronts, bus stops, public gathering places, and adjacent properties. They shall be located off-street and separated from vehicle travel lanes and parking lot driving aisles. 12. Physical barriers, such as walls and fences, between the commercial/office and residential components of a mixed use project are discouraged; however, they may be used where necessary and appropriate, including for public safety or the screening of outdoor storage facilities. 13. Public Spaces. a. Public gathering spaces that provide active and/or passive amenities for passersby are highly encouraged. Communal spaces may include, but are not limited to, pedestrian plazas, shaded benches, public art, and landscape or hardscape features. b. Public spaces should be centrally located or located near active land uses to assure their frequent usage and safety. 14. Parking. Parking and loading requirements shall be in conformance with Chapter 9.150 of this code, subject to the following provisions: a. Opportunities for shared and/or reduced parking between the commercial/office and residential components of the project are encouraged, subject to the requirements of Section 9.150.060 (Shared parking), as a means to better match parking demand with availability during various hours of the day. b. Mixed use projects shall provide preferred parking for electric vehicles and vehicles using alternative fuels in accordance with Section 9.150.110. 15. Bicycle racks shall be provided to serve both commercial/office and residential components of the project, and shall comply with the requirements of Chapter 9.150. 16. Landscaping shall comply with Section 9.100.040 of this code and the requirements of the underlying district. Additional landscaping may be required to minimize impacts to adjacent properties. 17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this code. Created: 2024-08-07 10:59:38 [EST] (Supp. No. 5, Update 3) Page 2 of 3 18. Signage shall be in conformance with Chapter 9.160 of this code and the requirements of the underlying district. Monument and other signage that enhances the cohesion of the development may be required. 19. Entry Drive. An entry drive that provides principal vehicular access into the residential component of the project is required. 20. Entry Statement. Projects with fifty (50) or more residential units shall include vehicular and pedestrian entry statements that convey a sense of arrival into the development. Examples include, but are not limited to, specimen trees, boulder groupings, textured or stamped concrete, and monument signage. 21. Special attention shall be given to the use of aesthetic treatments, such as colored/textured paving or decorative gates, that contribute to the overall image and connectivity of the development. 22. New mixed use development shall relate to adjacent single-family residential districts in the following ways: a. By stepping down the scale, height, and density of buildings at the edges of the project adjacent to less intense development. Step the building down at the ends or sides nearest a single-family unit, to a height similar to that of the adjacent single-family unit (or of typical single-family residences in the vicinity if adjacent to an undeveloped single-family zoning district). b. By incorporating architectural elements and materials that are similar to those used in the neighborhood. C. By locating parking areas within the project interior or at the side or back when necessary to achieve the "residential front yard" appearance. d. By avoiding, wherever feasible, the construction of walls on local streets in existing neighborhoods where the wall would be located opposite front yards. Mixed Use Incentives. 1. Mixed use projects that provide a minimum of thirty percent (30%) of total project square footage for retail uses shall receive a density bonus of ten percent (10%) for the residential component of the project. 2. Outside the Village Build -Out Plan Area, mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities can reduce their vehicle parking requirement by fifteen percent (15%). 3. Development proposals for mixed use projects shall receive expedited entitlement and building permit processing. 4. Mixed use projects shall receive a ten percent (10%) reduction in plan check and inspection fees. 5. Mixed use projects that include a minimum of two (2) public spaces or gathering features, as deemed of sufficient size and purpose by the city, shall receive a density bonus of up to fifteen percent (15%). (Ord. 603 § 1(Exh. A), 2022; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 3 of 3 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. (Ord. 550 § 1, 2016; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 1 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%) of required off-street spaces for non- residential uses is allowed. Development projects that include residential uses shall require a minimum of one covered off-street space per unit. No additional parking is required for a change in nonresidential use. After application of the 50% reduction, 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. 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: 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; 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. 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: 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: 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,- 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. 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. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 2 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. 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) Created: 2024-08-07 10:59:38 [EST] Page 2 of 2 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. 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. 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 Additional Parking Requirement Requirements Single-family detached, 2 spaces per unit in a garage For all single-family single-family attached and plus 0.5 guest spaces per unit residential zones except RC, duplexes if no on -street parking is parking in excess of the available 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 All parking spaces shall be condominiums: distributed throughout the site to ensure reasonable (1) Studio 1 covered space per unit, plus 0.5 guest spaces per unit access to all units. Development projects in the (2) One- and two -bedroom 2 covered spaces per unit plus 0.5 guest spaces per unit Village Build -Out Area that include residential uses shall require one covered off-street parking space (3) Three or more bedroom 3 covered spaces per unit plus 0.5 covered spaces per per residential unit. each bedroom over three, plus 0.5 guest spaces per unit (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 8 Mobilehome parks 2 covered spaces/unit, which may be in tandem, plus 0.5 guest spaces per unit Senior housing (excluding 1 covered space per unit, single family units) plus 0.5 guest spaces per unit Senior group housing/senior 0.5 covered spaces per unit citizen hotels and congregate plus 0.5 guest spaces per unit care facilities Lodging and Child Daycare Uses Bed and breakfast inns 1 space per guest room plus parking for residents as required by this code. Boardinghouse, 1 space per sleeping room roominghouse, and single room occupancy hotels Child daycare centers, 1 space per staff member Stacking analysis may be including preschools and plus 1 space per 5 children. required to define a drop-off nursery schools Parking credit may be given if facility that accommodates at queuing area for more than 4 least 4 cars in a continuous cars is provided, but resulting flow, preferably one-way, to parking shall be not less than safely load and unload 1 per staff member plus 1 per children 10 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 Maximum Off -Street Additional Parking Requirement I Parking Requirement Requirements Commercial Uses Bars and cocktail 1 space per 50 sq. ft. 1 space per 25 sq. ft. lounges GFA including GFA including indoor/outdoor indoor/outdoor seating areas (see seating areas (see also Restaurants) also Restaurants) Lumberyards and 1 space per 1,000 sq. 1 space per 500 sq. nurseries ft. GFA indoor area, ft. GFA indoor area, plus 1 space per plus 1 space per (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 2 of 8 Model home complexes Personal service establishments Restaurants: (1) Conventional sit- down, including any bar area (2) Drive -through and fast food (1) General retail uses under 100,000 sq. ft. GFA (2) General retail uses 100,000 sq. ft. GFA and greater Furniture and appliance stores Warehouses, storage buildings or structures used exclusively for storage Mini -storage facilities 1,000 sq. ft. of outdoor display or sale area 10 spaces 3 spaces per 1,000 s.f. 1 space per 125 sq. ft. GFA including indoor and outdoor seating areas 1 space per 100 sq. ft. GFA, including indoor and outdoor seating areas, but not less than 10 spaces. 1 space per 300 sq. ft. GFA 1 space per 350 sq ft. GFA 1 space per 1000 sq. ft. GFA 1 space per 2,000 sq ft. of gross area for storage purposes 1 space per 5,000 sq ft. plus 2 spaces for any caretaker's unit Office and Health Care Uses (Supp. No. 5, Update 3) 1,000 sq. ft. of outdoor display or sale area N/A 4 spaces per 1,000 s.f. 1 space per 75 sq. ft. GFA including indoor and outdoor seating areas N/A 1 space per 250 sq ft. GFA 1 space per 300 sq ft. GFA 1 space per 750 sq. ft. GFA 1 space per 1,000 sq. ft. of gross area for storage purposes N/A 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) Created: 2024-08-07 10:59:38 [EST] Page 3 of 8 Convalescent 1 space per 4 beds Minimum 30% of hospitals, nursing based on the required spaces shall homes, children's resident capacity of be covered by a homes and the facility as listed trellis or carport sanitariums on the required structure See also license or permit senior group housing (senior citizen hotels) under residential uses General offices, other 1 space per 300 sq. 1 space per 250 sq. Minimum 30% of than medical, dental, ft. GFA ft. GFA required spaces shall banks, savings and be covered by a loans, credit unions trellis or carport and similar financial structure Rates are institutions 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 1 space per 200 sq. 1 space per 175 sq. Minimum 30% of offices/clinics ft. GFA ft. GFA required spaces shall be covered by a trellis or carport structure Veterinary hospitals 1 space per 400 sq. 1 space per 300 sq. and clinics ft. GFA exclusive of ft. GFA exclusive of overnight boarding overnight boarding areas areas Automotive Uses Automobile repair 1 space per 250 sq. 1 space per 200 sq. facilities ft. of sales area ft. of sales area, plus 2 spaces per service bay Automobile Fueling: N/A (1) Without retail 1 space per 500 sq. sale of beverage and ft. GFA food items (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 4 of 8 (2) With retail sale of 1 space per 400 sq. beverage and food ft. GFA items Automobile, truck, 1 space per 500 sq. N/A Parking is for boat, and similar ft. GFA (not including customers and vehicle sales or rental service bays), plus 1 employees, and is establishments space per service bay not to be used for display. Car washes: N/A Applicant may be required to submit a (1) Full -service 10 spaces (vacuuming or drying parking study which areas shall not be includes a stacking counted as parking analysis for the spaces) proposed facility (2) Express -service 2 spaces per facility (wash bays shall not be counted as parking spaces) Industrial Uses General 1 space per 500 sq. N/A manufacturing, ft. GFA research and development and industrial uses Warehousing and 1 space per 1,000 sq. N/A distribution space ft. GFA Assembly Uses Auditoriums, 1 space per 3 seats 1 space per 2.5 seats 18 lineal inches of theaters, cinemas bench shall be considered 1 fixed seat. Churches, temples 1 space per 5 seats of 1 space per 3 seats of 18 lineal inches of and similar places of assembly area assembly area bench shall be assembly considered 1 fixed seat. Parking will be required at the same rate for other auditoriums, assembly halls or classrooms to be used concurrently (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 5 of 8 Nightclubs, dancehalls, lodge halls and union halls Mortuaries and funeral homes Community centers 1 space per 50 sq. ft. GFA, plus required parking for other uses on the site 1 space for every 5 seats of assembly room floor area 1 space per 300 sq ft. GFA 1 space per 35 sq. ft. GFA, plus required parking for other uses on the site 1 space for every 3 seats of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees 1 space per 200 sq. ft. GFA with the main auditorium I Lodpinp and Child Daycare Uses I Daycare centers, including preschools and nursery schools Hotels & motels and village hospitality homes Timeshare facilities, fractional ownership and similar facilities Recreational Uses Arcade, game and video Billiard or pool establishments Bowling alleys (Supp. No. 5, Update 3) 1 space per 300 sq ft. GFA, plus 1.5 1 space per 250 sq ft. GFA, plus 1.5 spaces per employee I spaces per employee 1.1 spaces per guest bedroom 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 1 space per 200 sq. ft. GFA 1 space per 1S0 sq. ft. GFA 4 spaces per alley plus required parking for other uses on the site 1.3 spaces per guest bedroom plus required parking for other uses on the site 1.5 spaces per dwelling or guest unit plus required parking for other uses on the site 1 space per 100 sq. ft. GFA 5 spaces per alley plus required parking for other uses on the site Stacking analysis shall be required to define a drop-off facility that accommodates safely loading and unloading children Created: 2024-08-07 10:59:38 [EST] Page 6 of 8 Golf uses: (1) Driving ranges (2) Pitch and putt, par three and miniature golf courses (3) Regulation courses Tennis courts, handball/racquetball, and other court - based facilities Health clubs, membership gyms and commercial swimming pools Libraries/museums Shooting ranges Skating rinks, ice or roller Stables, commercial 1 space per tee, plus the spaces required for additional uses on the site 3 spaces per hole, plus the spaces required for additional uses on the site 5 spaces per hole, plus the spaces required for additional uses on the site 3 spaces per court 1 space per 200 sq. ft. GFA (for purposes of this use, swimming pool area shall be counted as floor area) 1 space per 300 sq. ft. GFA 1 space per shooting station plus 5 spaces for employees 1 space per 250 sq. ft. GFA 1 space per each 5 horses kept on the premises N/A 8 spaces per hole, plus the spaces required for additional uses on the site 4 spaces per court 1 space per 150 sq. ft. GFA (for purposes of this use, swimming pool area shall be counted as floor area) 1 space per 200 sq. ft. GFA 1 space per 200 sq. ft. GFA 1 space per each 4 horses kept on the premises Public and Semipublic Uses Public utility facilities 1 space per N/A not having business employee plus 1 offices on the space per vehicle premises, such as used in connection with the facility Created: 2024-08-07 10:59:38 [EST] (Supp. No. 5, Update 3) Page 7 of 8 electric, gas, water, telephone facilities Schools: N/A (1) Elementary and 2 spaces per junior high or middle classroom schools (2) Senior high 10 spaces per schools classroom (3) Colleges, 20 spaces per universities and classroom institutions of higher learning (4) Trade schools, 20 spaces per business colleges and classroom commercial schools Emergency and 1 space per Homeless Shelters, employee. Low Barrier Navigation Centers 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) Created: 2024-08-07 10:59:38 [EST] Page 8 of 8 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 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) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:40 [EST] Page 1 of 1 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). I. 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) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:40 [EST] Page 1 of 1 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. 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) Created: 2024-08-07 10:59:48 [EST] Page 1 of 1 Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 618 which was introduced at a regular meeting on the November 19, 2024 and was adopted at a regular meeting held on the December 3, 2024, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-27. -)Ok MONIKA RADE A, it Clerk City of La Quinta, Call ornia DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on December 4, 2024, pursuant to Council Resolution. MONIKA RADEVA, i Clerk City of La Quinta, California