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ORD 095 ORDINANCE NO. 95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE MUNICIPAL LAND USE ORDINANCE NO. 348 BY ADDING THE "SPECIAL RESIDENTIAL SINGLE-FAMILY" ZONE. The City Council of the City of La Quinta does ordain as follows: SECTION 1. Riverside County Ordinance No. 348 (which was adopted by reference by this City Council by Ordinance No. 5, operative August 29, 1982) is further amended by adding the "Special Residential Single-Family" Zone in accordance with the text which is attached to and made a part of this ordinance, and which attached text is labeled Exhibit "A". SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. 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; 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 Book of Ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on this 5th day of Auqus~ 1986, by the following vote: AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena. NOES: None. ABSENT: None. ATTEST: D PUTY~~CITy L~ E Ordo No. 95 SPECIAL RESIDENTIAL SINGLE-FAMILY ZONE 9.03.010 PURPOSE: The SR Zoning District is generally appropriate where a density of between four (4) and eight (8) units per acre is provided for in the General Plan of the City. It is intended to provide development standards for single- family residential uses and to assure high quality development especially in the "Cove" area. 9.03.020 ALLOWABLE USES: The following uses shall be allowed in the. SR Zone subject to obtaining a Precise Plan approval as provided by Section 9.03.040.A (Precise Plan): A. Single-Family Dwellings B. Accessory buildings and uses incidental to the use of the property as a single-family residence. C. Home Occupations (See Section 18.42) D. Small and Large Family Daycare homes pursuant to the State Health and Safety Code E. Residential Care Facilities, where the number of residents under care is six (6) or fewer, pursuant to the State Welfare and Institutions Code F. Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision (Section 18.30) G. Public Facilities and Utilities 9.03.021 CONDITIONAL USES: The following uses may be allowed in the SR Zone subject to obtaining a Conditional Use Permit as provided by Section 18.28 (Conditional Use Permits): A. Educational Institutions, not including trade or vocational schools B. Churches, Temples and other places of religious worship C. Second Unit or "Granny Flat" within a single-family house pursuant to Section 65852.2 of the California Government Code D. Residential Care Facilities, where the number of residents under care is greater than six (6), pursuant to the State Health and Safety Code. ! - 1 - EXHIBIT "A" Ord. No. 95 E. Bed and Breakfast F. Nursery Schools G. Golf Course Maintenance Facility 9.03.022 SUBDIVISIONS AND PLANNED RESIDENTIAL DEVELOPMENTS: These projects are permitted in the SR Zone pursuant to the provisions of the Municipal Land Division Ordinance and the development standards in Section 18.5. In addition, the design and siting of all buildings within a standard subdivision shall be subject to review and approval in conjunction with the tentative tract map. 9.03.030 SITE DEVELOPMENT STANDARDS: All uses shall comply with the following development standards. A. Minimum Lot Size: 7,200 square feet. 1. A smaller minimum lot size may be established pursuant to Section 9.03.022 in conjunction with a cluster subdivision or similar planned residen- tial development provided that the overall project density conforms to applicable regulations and that appropriate common open space and recreation areas have been provided. 2. Within existing subdivided areas consisting of 5000-square-foot lots, the voluntary merger of existing lots of records into larger parcels shall be encouraged. B. Minimum Lot Dimensions: 1. Width: 50-feet width for interior lots, 55-feet width for corner lots, 30-foot width for cul-de-sac lots, except where smaller lot sizes are estab- lished pursuant to Section 9.03.030.A. 2. Depth: Depth of 90 feet which shall not exceed 2-1/2 times the width of the lot, except where smaller lot sizes are established pursuant to Section 9.03.030.A. C. Maximum Lot Coverage: The maximum area of the lot covered by buildings shall not exceed sixty (60) percent. This calculation shall not include trellises, covered patios and other similar unenclosed structures. - 2 - Ord. No. 95 D. Setbacks: 1. Front Yard: All structures shall be set back a minimum of twenty (20) feet from the nearest point on front property line of the lot. (a) Double Frontage Lots: (1) Double Frontage Lot Requirements: A 20-foot front setback shall be provided against one frontage, and a 10-foot rear setback shall be provided adjacent to the other frontage. (2) Selecting the Setback Location: Where double frontage setback locations are not specified by subdivision'requirements or other applicable regulations, the Applicant may select the front setback street unless 50% of the lots on a double frontage block are developed with the same front yard orientation. In that case, all remaining lots are to orient their front setbacks with the majority. 2. Side Yard: All structures shall be set back a minimum distance from the side property line as follows: (a) Interior Lots: Side yards shall not be less than a width of 5 feet. (b) Corner Lots: The side setback on the street side of corner lots shall not be less than 10 feet from the right-of-way line. (c) Zero Lot Line Development: A group of dwelling units on adjoining lots may be sited so that all units abut one side property line, provided that: (1) The setback has been eliminated through the Subdivision Map approval; and (2) The modified setback requirements for the project are recorded as part of a land division map, deed restriction, or other enforceable restriction; and -, Ord. No. 95 - (3) The side yard setbacks opposite the zero setback property line are not less than 10 feet; and (4) The side yard setback shall not be elim- inated or reduced on the street side of a corner lot. (d) Common Wall Development: Any two dwelling 'units and their accessory garages may be constructed on adjoining lots without setbacks between them, provided that: ~ (1) The setback has been eliminated through subdivision map; and (2) A common wall or party wall agreement, deed restriction or other enforceable restriction has been recorded; and (3) The side yard setbacks opposite the common wall property line are not less than 10 feet; and (4) Common wall construction is in compliance _ with the Uniform Building Code and Uniform Building Code and Uniform Fire Code. 3. Rear Yard: All structures shall be set back a minimum of 10 feet from the rear property line of the lot. 4. Interior Setbacks: (a) Detached Accessory Structures: In addition to the general front, side and rear yard require- ments, the following shall be complied with: (1) No detached accessory building shall be located closer than 10 feet from the principal or main building. (2) No detached accessory building shall encroach upon the front half of the lot; however, this setback shall not exceed 75 feet from the front property line. (b) Residential Buildings: A principal residential r- building shall not be located less than 10 feet from another principal building when both structures are one story in height, and not - 4 - Ord. No. 95 less than 15 feet when one or both structures are two stories or higher in height. (c) Swimming Pools: Private swimming pools shall not be located nearer than five (5) feet to any dwelling excepting as provided by Section 18.25. 5. Exceptions to Setback Standards: The minimum set- back requirements shall apply to all uses, including' accessory structures and mechanical equipment, except as provided by the following: Fences or walls six-feet or less, excepting the twenty (20) foot corner cutback area where fence height shall be limited to a maximum of 3-1/2 feet above the top of curb, or 3 feet above the nearest pavement surface where there is no curb (Section 18.40). (b) Private swimming pools may be located no nearer than five (5) feet to any property line (Section 18.25). When a swimming pool is r located within a front setback area, the appurtenance mechanical equipment may also be located within the front setback area, provided that the equipment is located no closer than five (5) feet from interior side yard property lines and it is enclosed within a masonry block noise attenuating enclosure. (c) Outside stairways or landing places, if unroofed and unenclosed, may be extended into a required side yard for a distance of not more than three (3) feet and/or into the required rear yard a distance of not more than five (5) feet. (d) Cornices, canopies, bay windows, chimney chases and other similar architectural features not providing additional floor space within the building may extend into a required side yard not more than one (1) foot and into a required front or rear yard not more than two (2) feet. (e) Eaves may extend three (3) feet into a required yard, unless otherwise restricted by the requirements of the Uniform Building Code. r- (f) Concrete flatwork may extend to the property lines. - 5 - .. Ord. No. 95 (g) Satellite receiving and similar communication dishes and devices six (6) feet or less in height when installed and located within the rear setback or rear yard area only. E. Maximum Building Height: 1. Maximum Building Height: The height of structures shall be limited to seventeen (17) feet or one story in height, whichever is less. 2. Measurement of Height: The height of the structure shall be measured as the vertical distance from the highest point of the structure to the point where the exterior walls touch the finish grade. For the determination of structure height, finish grade shall be the minimum pad height as required by the Uniform Building Code or applicable City Ordinances relating to flood hazard management. 3. Exceptions to the Height Limitation: (a) Chimneys and roof vents extending no more than two (2) feet above the height limitation speci- fied in this section. (b) Radio and television receiving antennas of the type customarily used for home radio and television receivers, when five (5) feet or less in height. (c) Solar collectors not more than five (5) feet above the height limitation specified in this section. 9.03.031 BUILDING DEVELOPMENT STANDARDS: All single-family residen- tial uses shall comply with the following development standards, unless an adjustment is approved pursuant to Section 9.03.040.B. A. Minimum Gross Livable Area: 1200 square feet, excluding the garage, as measured from the exterior walls of the dwelling. B. Bedroom Dimensions: A minimum of ten (10) foot clear width and depth dimensions, as measured from the interior walls of the room. C. Bathrooms: There shall not be less than 1-1/2 baths in one or two-bedroom dwellings, and not less than 1-3/4 baths in dwellings with three or more bedrooms, excepting that 1-1/2 baths may be permitted for the - 6 - -.. Ord. No. 95 latter provided that both bathrooms have bathing facilities. D. Garage Dimensions: Each dwelling shall have a two-car garage with interior dimensions not less than twenty feet square (20' x 20'), which space shall remain clear of mechanical equipment, appliances, or other improve- ments which conflict with its purpose to store vehicles. An additional four (4) feet shall be provided to the width or depth if mechanical equipment or appliances, including but not limited to washer, dryer, and forced air unit, are ground mounted within the garage interior. A water heater is permitted without additional interior garage area being required provided that it is located so as not to conflict with vehicular parking or pedes- trian access. E. Access Between House and Garage: A separate pedestrian door into the garage shall be provided as either an interconnecting door providing direct access between the dwelling and the garage, or a pedestrian door leading outside to a paved walkway area which is sheltered by a minimum 36-inch roof eave, enclosed within a secured, walled area and provides direct access to a keyed entry into the dwelling. F. Mechanical and Related Equipment: Heating and cooling mechanical equipment, including satellite receiving and similar communication devices, shall be ground mounted, or completely screened from all sides by the roof structure. 9.03.032 SITE DESIGN STANDARDS: All single-family residential uses shall comply with the following design standards unless an adjustment is approved pursuant to Section 9.03.040.B. A. Landscaping: 1. The front yard of all lots, and in addition, the side yard of corner lots, shall be landscaped to property line. 2. The landscaping shall include trees, shrubs and groundcover of sufficient size, spacing, and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the Manual on Architectural Standards and the Manual on Landscape Standards as adopted by the Planning Commission. - 7 - -.. Ord. No. 95 3. An irrigation system shall be provided for all areas required to be landscaped. 4. The landscaping shall be continuously maintained in a healthy and viable condition. B. Screening: Refuse containers and bottled gas tanks shall be concealed by landscaping or other means. C. Underground Utilities: All electric services, overhead. wires, or associated structures must be installed under- ground. D. Driveway Materials: The driveway shall be surfaced with concrete and have an asphaltic concrete connecting pave- ment edged with a 2" x 4" header to the existing street pavement, constructed in accordance with City Standards. E. Lighting: All exterior lighting shall be located and directed so as not to shine directly on adjacent properties or otherwise create a nuisance. F. Fencing: 1. Rear and side yards shall be completely enclosed and screened by view-obscuring fencing, walls, vegetation-planted screens, or combination thereof. 2. Fences, walls, and vegetation screens shall generally conform with the design standards and typical layouts contained within the Manual on Architectural Standards. 3. Vegetation screens must consist of planting materials of a suitable type, size and spacing, so as to provide a view obscuring barrier within a reasonable time of planting as set forth in the landscape plan approval, and shall be watered by an automatic irrigation system. The planting plan shall be approved by the Community Development Department. 4. All walls and fences shall be continuously main- tained in good repair, and vegetation screens shall be continuously maintained in a healthy and viable condition. 9.03.033 BUILDING DESIGN STANDARDS: All single-family residential uses shall be determined to be in substantial compliance with building standards set forth in the Manual on Architectural Standards as adopted by the Planning - 8 - Ord. No. 95 Commission unless an adjustment is approved pursuant to Section 9.03.040.B. A. Manual on Architectural Standards: The Planning Commission shall, by resolution, adopt a Manual on Architectural Standards to be used as a guideline in reviewing architectural style, exterior building materials, colors, and similar features. B. Architectural Variety: When houses using similar archi- tectural styles are located within 250 feet of each other, exterior building elevations shall make provision for architectural variety by using different colors, styles, roof treatments, window treatments, garage door treatments, and similar methods. C. Roof Material: Except for flat roof designs, roof material shall be limited to clay and/or concrete tile. D. Adjustment: The Planning Commission may approve an adjustment to a Precise Plan allowing use of archi- tectural styles, exterior building materials, colors, and similar features not set forth in the adopted Manual when the Planning Commission determines that the adjustment will be compatible with the surrounding neighborhood. 9.03,034 BUILDING DESIGN GUIDELINES - MULTIPLE APPROVALS: Developers or Applicants who have obtained or applied for twenty (20) or more approvals for construction of single- family houses within the City shall comply with the following: A. Master Design Guidelines: Submit master design guide- lines to the Planning Commission for approval, containing plans and information specifying the methods for varying the exterior appearance of the single-family houses. This shall include, but not be limited to, variations of architectural styles, roof types, window treatments, entry treatments, and siting. B. Compliance with Guidelines: Precise Plan approvals for the single-family houses shall comply with the design guidelines as approved by the Planning Commission. 9.03.035 LIMIT ON APPROVALS: A maximum of five (5) unsold houses may be under construction by a single Applicant at any one time unless an adjustment has been approved pursuant to Section 9.03.040.B. - 9 - Ord. No. 95 9.03,040 APPLICATION PROCEDURES: A. Precise Plan: The following procedures shall apply to all applications for approval of a Precise Plan that is required by any section of this ordinance. 1. Filing: Applications for consideration of a Precise Plan approval shall be made to the Planning Director. The application shall be accompanied by four (4) complete sets of plans consisting, as a minimum, of the site plan, floor plan and exterior building elevations, a deed showing the Applicant's ownership of the subject property or a letter of authorization from the property owner consenting to the submittal of this application, and a filing fee of twenty-five ($25) dollars. 2. Determination of Completeness: The Planning Department shall make a Determination of Completeness at the time of submittal of the appli- cation and shall not accept for processing any application which is not complete. This deter- mination shall be based upon a written checklist, a copy of which shall be provided to the Applicant if the application is determined to be incomplete. 3. Required Plans: The plans shall be drawn to scale and shall indicate clearly, and with full dimension- ing where applicable, the following: (a) Name and address of the Applicant. (b) Name and address of all property owners. (c) Legal description and assessor's parcel number. (d) Lot dimensions. (e) Location of adjacent streets, drainage structures, utilities and other features that may affect the use of the property. (f) The use and dimensions of all proposed buildings and structures, (including existing structures proposed for retention) and their setbacks from property boundaries and between buildings. (g) Location and construction of proposed driveways and off-street parking areas. - 10 - Ord. No. 95 _ (h) Exterior building materials and colors. (i) Landscaping plan for the front yard and for the side yard adjacent to the street for corner lots which shall indicate the size, species and location of all materials. (j) Location and type of materials for all fences or walls, including retaining walls. (k) Grading and drainage plan showing existing elevations at one-foot contour intervals, proposed elevations, adjacent roadway eleva- tions, finish floor elevation of garage, finish elevations at each building corner and flow lines of surface water on and off the site. 4. Findings Required For Approval: No Precise Plan shall be approved unless the Planning Director determines that it complies with the following standards: (a) The proposed use and design conform to all _ applicable requirements of the La Quinta General Plan and any other applicable specific _ plan adopted by the City and in effect at the date of approval. (b) The proposed development complies with the requirements of the zone in which it is located. (c) The architectural aspects of the development will be compatible with, and not detrimental to, the present and future logical development of the surrounding property. These aspects shall include but not be limited to the structure's size, shape, width, bulk, height, materials and architectural style. (d) ApprOval of the development shall not be a detriment to the public's health, safety and welfare. (e) The design takes into account the existing physical characteristics of the site, including topography, drainage, and trees. _ _ (f) Approval of this development does not exceed the maximum limit of five (5) unsold houses under construction by a single Applicant at - 11 - Ord. No. 95 any one time, unless an adjustment raising this limit has been approved. 5. Review of Application: Within two weeks after acceptance of a complete application, the Planning Director shall approve, conditionally approve, or deny the Precise Plan application; or shall advise the Applicant that an adjustment must be requested. 6. Term for Approval: A Precise Plan shall be approved. for a period of time not to exceed six (6) months, by which time a building permit shall have been obtained. Upon securing a building permit, time limits set forth in the Uniform Building Code shall apply. B. Adjustments Procedure: Where provided for in this Chapter, an Applicant may request an adjustment to certain design and development standards. 1. Filing: Applications for the consideration of an adjustment shall be made to the Planning Director. The application shall be accompanied by six (6) complete sets of plans consisting, as a minimum, of the site plan, floor plan, and exterior building elevations, a deed showing the Applicant's owner- ship of the subject property or a letter of authorization from the property owner consenting to submittal of this application, a listing of all property owners within a 150-foot radius of the subject property, and a filing fee of seventy-five ($75) dollars. 2. Determination of Completeness: Same as Section 9.03.040.A.2. 3. Required Plans: Same as Section 9.03.040.A.3. 4. Findings Required for Approval: Same as Section 9.03.040.A-4. 5. Review of Application: Within 30 days after acceptance of a complete application, the applica- tion shall be presented to the Planning Commission, who shall approve, conditionally approve, or deny the adjustment application. The Planning Commission may continue consideration of the application from time to time. ' - 6. Notice of Planning Commission Review: A notice shall be mailed a minimum of seven (7) calendar days prior to the Planning Commission meeting to - 12 - Ord. No. 95 all property owners within a 150-foot radius of the subject property. 7. Term of Approval: Same as Section 9.03,040.A.6. C. Appeals Procedure: An Applicant or any other interested party may appeal, in writing, stating the reasons there- fore, the decision of the Planning Director to the Planning.Commission within fifteen (15) calendar days of the date of decision, in accordance with the provisions of Section 18.30 (e). - 13 -