ORD 090 ORDINANCE NO. 90
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADOPTING, AS AN URGENCY MEASURE,
CERTAIN REGULATIONS CHANGING THE APPROVAL PROCEDURE FOR
CERTAIN COMMERCIAL DEVELOPMENT PROJECTS WHICH MAY BE IN
CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL, SAID REGU-
LATIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT
TO GOVERNMENT CODE SECTION 65858.
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. From and after the effective date of this ordinance,
and for the period during which this ordinance remains in effect, and
notwithstanding any other ordinance, resolution or regulation of the
City to the contrary, no officer, employee or department administering
City business shall accept or process any application for a building
permit for certain commercial development projects, as defined within
this ordinance, regardless of zoning district unless and until the
Planning Commission has granted a plot plan approval for such commercial
development project, utilizing in general the procedures and criteria set
forth in Section 18.30 of the City's Zoning Ordinance and in particular
making findings that:
(a) The architectural aspects of the development will be
compatible with, and not detrimental to, other existing
and future developments in the surrounding area; and
(b) Applicable development standards, including, but not
limited to, setbacks, parking, landscaping, site design,
signage and similar features, will be compatible with,
and not detrimental to, other existing and future develop-
ments in the surrounding area; and
(c) The proposed use and related development is consistent
with the purpose and intent of applicable policies set
forth in the La Quinta General Plan.
SECTION 2. DEFINITIONS. For the purposes of this ordinance, the
following words or phrases shall have the following definitions:
A. "Certain Commercial Development Projects" means offices
retail establishments, restaurants, service businesses,
hospitals, hotels, motels and other similar uses deter-
mined to be of a commercial nature wherein a new building
or use is proposed for construction, an increase in floor
area or use area for an existing building or use is proposed,
or a remodeling of an existing building affecting its exterior
appearance is proposed.
SECTION 3. EXCEPTIONS. Section 1 of the ordinance shall not apply
to:
ORDINANCE NO. 90.
(a) The remodeling of existing commercial buildings where there
iS no change to the exterior appearance of the building; and
(b) Certain commercial development projects where existing zoning
regulations require the approval of a conditional use permit
or public use permit.
SECTION 4. URGENCY. This ordinance is adopted an an urgency
measure pursuant to the authority of Section 65858 of the Government Code
of the State of California, for the immediate preservation and protection
of the public safety, health and welfare, and shall take effect immediately
upon its adoption and passage by at least four-fifths vote of the City
Council. The City Council finds and determines that there is a current
threat to the public health, safety and welfare in that the City of
La Quinta has recently adopted a new General Plan and because a number of
commercial development proposals are expected in the immediate future, the
public interest now requires a systematic review and comprehensive analysis
of ordinances designed to implement that plan. It is contemplated that
from such studies, which are soon to be conducted by the City, there will
emerge new zoning regulations and development standards for commercial
development projects, and during the interim period while this can be
accomplished, it is essential that controls imposed by this ordinance be
maintained, so that uses which would otherwise be established and developed
during the interim period will not thereafter be in conflict with the con-
templated zoning regulations and development standards.
SECTION 5. EFFECTIVE PERIOD OF ORDINANCE. This ordinance shall
remain in effect for a forty-five-day period pursuant to Section 65858
of the Government Code of the State of California, unless sooner repealed
or otherwise modified, and subject to any extension of the effective
period duly enacted pursuant to and in accordance with said Section 65858.
SECTION 6. POSTING. The City Clerk shall, within 15 days after
the passage of this ordinance, cause it to be posted in at least the
three public places designated by Resolution of the City Council; shall
certify as to the adopting and posting of this ordinance; and shall cause
this ordinance and its certification, together with proof of posting, to
be entered in the Book of Ordinances of this City.
APPROVED and ADOPTED by the La Quinta City Council at a regular
meeting held this 18th day of February , 1986, by the following roll
call vote:
AYES: Council Members Allen, Bohnenberger, Wolff and Mayor Pena.
NOES: None.
ABSENT: Council Member Cox.
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ORDINANCE NO. 9 0
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, FRANK M. USHER, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 90 which was adopted at a
regular meeting held on the 18th day of February
1986, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
City of La Quinta, California