ORD 550ORDINANCE NO.550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO
ZONING AND GENERAL PLAN TEXT CONSISTENCY
WHEREAS, the City Council of the City of La Quinta, California did, on the 181n
day of October 2016, hold a duly noticed public hearing for review of a City -initiated
request of Zoning Ordinance Amendment 20016-0004 to amend several chapters of
Title 9 (Zoning) of the La Quinta Municipal Code; and
WHEREAS, the City Council of the City of La Quinta, California did, on the 201n
day of September 2016, hold a duly noticed public hearing for review of a City -initiated
request of Zoning Ordinance Amendment 20016-0004 to modify Title 9 (Zoning) of the
La Quinta Municipal Code and the Official Zoning Map and voted to approve the
Official Zoning Map and text amendments to Chapter 9.20 Zoning Districts and
continue consideration of amendments to several chapter of Title 9; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 9th day of August, 2016, hold a duly noticed Public Hearing for review of a Zoning
Ordinance Amendment to amend Title 9 of the La Quinta Municipal Code and the
Official Zoning Map, as identified by Title of this Ordinance; and
WHEREAS, subsequent to said Public Hearing, the Planning Commission of the
City of La Quinta did adopt Planning Commission Resolution 2016-012 to recommend
to the City Council adoption of said zoning text and map amendments; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on September 9, 2016, as
prescribed by the Municipal Code; and
WHEREAS, Title 9 of the Municipal Code contains the chapters that address
permitted uses, development standards, development review and permitting
procedures; and
WHEREAS, the proposed zoning text amendments are necessary to implement
the General Plan 2035 adopted by the City Council at their regular meeting on
February 19, 2013, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons wanting to be heard, the City Council
Ordinance No. 550
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did make the following mandatory findings to justify adoption of said Zoning
Ordinance Amendment:
1. Consistency with General Plan
The zoning text amendments are consistent with the goals, objectives and
policies of the General Plan. The proposed amendments are supported by
Policy LU-1.2, that all land use decisions shall be consistency with all applicable
General Plan policies and programs and shall uphold the right and needs of
property owners as well as those of the general public; Program LU-7.1.a,
Establish a Mixed Use Overlay for all the commercial zoning designations; and
Program LU-7.3.a, to amend the Zoning Ordinance to include standards for high
density residential development within commercial zones.
2. Public Welfare
Approval of the zoning text amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The amendments
implement the General Plan 2035 and do 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. Title 9 of the La Quinta Municipal Code shall be, amended as written in
"Exhibit A" attached hereto.
SECTION 2. The proposed zone text amendment has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA)
as amended (Resolution 83-63). The zone text amendment is consistent with the
previously approved findings of the General Plan 2035 EIR (Environmental Assessment
2012-622) as the proposed amendments implement the goals, policies, and programs
of the General Plan.
SECTION 3. That the City Council does hereby approve Zoning Ordinance
Amendment 2016-0004, as set forth in attached "Exhibit A7 for -the reasons set forth
in this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 5. 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
Ordinance No. 550
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Adopted: November 15, 2016
Page 3 of 336
this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
SECTION 6. That the City Council does hereby grant the City Clerk the ability to make
minor amendments 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 15th day of November 2016 by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, Cit Jerk
City of La Quinta, California
(CITY SEAL)
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APPROVED AS TO FORM:
WILLIAM H. IH KE, City Attorney
City of La Quinta, California
Ordinance No. 550
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EXHIBIT A
Chapter 9.10 GENERAL PROVISIONS
9.10.010 Title and authority.
A. Title. This title shall be known as the "city of La Quinta zoning code" or
"zoning code." The term "code" shall also mean this title unless clearly
indicated otherwise by the context.
B. Authority and Purpose. This zoning code is adopted for the purpose of
promoting the public health, safety and general welfare pursuant to Section 5
of Article XI of the California Constitution, the State Planning and Zoning Law
(Government Code Section 65000 et seq.), the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.), and other
applicable state laws.
C. Objectives. This zoning code is intended to achieve the following objectives:
1. To implement the city's general plan
2. To classify and designate different land uses and structures in appropriate
places as designated in the general plan, and to regulate such land uses
and structures in order to serve the needs of residential neighborhoods,
commerce, recreation, open space and other purposes.
3. To provide a guide for the development and use of land in the city as
required by the State Government Code.
4. To secure for the residents of the city the social and economic advantages
resulting from the planned and orderly use of its land resources.
5. To establish conditions which allow the various types of land uses to exist
in harmony and to promote the stability of existing land uses by protecting
them from harmful intrusion.
6. To prevent undue intensity of land use or development, to avoid
population overcrowding, to maintain a suitable balance between
developed land and open space, and to protect the natural beauty of the
city.
7. To ensure that adequate off-street parking and loading facilities are
provided and maintained for all land uses.
8. To provide land zoned for schools, parks and other public facilities.
9. To ensure the provision of affordable housing opportunities. (Ord. 284 § 1
(Exh. A) (part), 1996)
9.10.020 Applicability of code.
A. Compliance Required. No uses or structures shall be established, substituted,
expanded, constructed, altered, moved, maintained, or otherwise changed
except in conformity with this code.
B. Applicability. This code shall apply to all land within the city.
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C. Limitations on Validity of Permits. The issuance or granting of a permit or
approval of plans and specifications shall not be construed to be an approval
of any violation of any provision of this code. The issuance of such a permit
shall not prevent the city from thereafter requiring the correction of violations
of this code or of any other ordinance of the city.
D. Conflict with Other Regulations. Whenever any provision of this code and
other city regulations impose overlapping or contradictory requirements, that
provision which is more restrictive or imposes a higher standard shall control
except as otherwise expressly provided in this code. Nothing contained in this
code shall be deemed to repeal or amend any regulation of the city requiring
a permit or license, nor shall any provision of this code be deemed to repeal
or amend the city's building regulations. (Ord. 284 § 1 (Exh. A) (part), 1996).
9.10.030 Prior agreements and approvals.
A. Development Agreements. Notwithstanding any provision of this zoning code,
any development agreement which is valid as of the effective date of the
ordinance codified in this code shall remain in full force and effect until
expiration of said agreement. For the purposes of the specific project
approved in such a development agreement, permitted land uses,
development standards, and other zoning provisions specified in the
development agreement shall supersede the provisions of this code.
B. Approved Development Projects and Permits. Any specific plan, site
development permit, grading permit, building permit, or similar entitlement
which was issued pursuant to earlier ordinances of the city which is in conflict
with this code may nevertheless by continued and the specific construction
authorized under the permit may be completed in accordance with the
provisions of the permit approval provided the construction complies with all
other laws and regulations in effect at the time of the permit approval.
However, any project or permit requiring a time extension per Section
9.200.080 shall conform to the requirements and standards in effect at the
time the extension is granted.
C. Approved Subdivision Maps. Any tentative tract or parcel map which was
approved pursuant to earlier ordinances of the city and which is in conflict
with this code may nevertheless be continued and completed in accordance
with the provisions of its approval, provided it is completed within the time
limit in effect at the time of its approval without extension of time therefore
and provided it complies with all other laws and regulations in effect at the
time of its approval. Final tract and parcel maps shall be consistent with
approved tentative tract or parcel maps and any applicable conditions of
approval. (Ord. 284 § 1 (Exh. A) (part), 1996)
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9.10.040 General plan density and intensity.
The general plan establishes a range of development intensities, composed of
densities, unit counts, floor area ratios, or similar measures, for each land area in the
city. This zoning code and the city's individual project approvals provide development
standards, plans and other factors which shall determine the exact development
intensity of each project within the foregoing general plan range. The city reserves the
right to limit projects to intensities below the general plan's upper limits. (Ord. 284 § 1
(Exh. A) (part), 1996)
9.10.050 Planning agency.
Consistent with Section 65100 et seq. of the State Government Code, the city's
planning agency shall consist of the city council, the planning commission and the
Planning Division. (Ord. 299 § 1 (part), 1997: Ord. 284 § 1 (Exh. A) (part), 1996)
9.10.060 Code interpretations.
Interpretations of the provisions of this zoning code shall be made by the Director. Such
interpretations may be referred to the planning commission for review if the director
determines on a case -by -case basis that the public interest would be better served by
such referral. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.10.070 Use of terms.
A. Rules for Construction of Language. The following general rules of
construction shall apply to the textual provisions of this code:
1. The specific shall supersede the general.
2. The word "shall" is mandatory. The word "may" is discretionary. The word
"should" identifies a regulation or design guideline which must be followed
in the absence of compelling opposing considerations identified by the city
decision -making body.
3. In the case of any difference of meanings or implication between the text
regarding a provision of the code and any title, heading, caption or
illustration, the text shall control.
4. Unless the context clearly indicates otherwise, words used in the present
tense include the future, words used in the singular include the plural, and
words used in the plural include the singular.
5. Unless the context clearly indicates otherwise, certain conjunctions shall
be interpreted as follows:
a. "And" indicates that all connected items or provisions shall apply.
b. "Or" indicates that the connected items or provisions may apply singly
or in any combination.
c. "Either ... or" indicates that the connected items or provisions shall
apply, but not in combination.
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6. Unless otherwise indicated, all public officials, bodies and agencies to
which reference is made are those of the city of La Quinta.
7. "Director" means the city manager or his/her designee.
B. Time Periods. The use of the term "days" to describe a specific time period
does not include the day the action was taken but does include all
subsequent days unless the last day falls upon a Saturday, Sunday or a legal
city holiday, in which case the next business day shall be the last day of the
time period. (Ord. 284 § 1 (Exh. A) (part), 1996)
Chapter 9.20 ZONING DISTRICTS
9.20.010 Establishment of districts.
The city is divided into the following zoning districts which are consistent with and
implement the general plan:
1.
RVL
Very Low Density Residential District
2.
RL
Low Density Residential District
3.
RC
Cove Residential District
4.
RM
Medium Density Residential District
5.
RMH
Medium High Density Residential District
6.
RH
High Density Residential District
7.
VC
Village Commercial District
8.
CR
Regional Commercial District
9.
CP
Commercial Park District
10.
CC
Community Commercial District
11.
CN
Neighborhood Commercial District
12.
CT
Tourist Commercial District
13.
CO
Office Commercial District
14.
MC
Major Community Facilities District
15.
PR
Parks and Recreation District
16.
GC
Golf Course District
17.
OS
Open Space District
18.
FP
Floodplain District
19.
HC
Hillside Conservation Overlay District
20.
SOB
Sexually Oriented Business Overlay District
21.
EOD
Equestrian Overlay District
22.
AHO
Affordable Housing Overlay District
23.
MU
Mixed Use Overlay District
(Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A) (part), 1996)
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9.20.020 Official zoning map.
A. Adoption of Map. The boundaries of the zoning districts established in this
zoning code shall be shown on that map entitled "City of La Quinta Official
Zoning Map" on file with the Director and available for public examination and
purchase.
B. Interpretation of District Boundaries. Where uncertainty exists regarding the
precise boundaries of districts on the official zoning map, the following rules
shall apply:
1. Boundaries indicated as approximately following the centerlines of streets
shall be construed as congruent with such centerlines. Boundaries
indicated as approximately following the right-of-way lines of streets shall
be construed as congruent with such right-of-way lines and shall further
be construed as moving with such right-of-way lines.
2. Boundaries indicated as approximately following lot lines shall be
construed as congruent with such lot lines.
3. Boundaries indicated as parallel to or extensions of the lines described in
subsections (13)(1) and (2) of this section shall be so construed. Distances
not specifically indicated on the official zoning map shall be determined by
the scale of the map.
4. Where any public right-of-way is officially vacated or abandoned, the
zoning district regulations applied to abutting property shall thereafter
extend to the centerline of such vacated or abandoned right-of-way.
5. In cases where uncertainty exists after application of rules in subsections
(13)(1) through (4) of this section, the Director shall determine the district
boundaries. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.20.030 Special zoning symbols.
A. Purpose. In some cases, the city may determine that alternate development
standards are required for a particular geographic area other than those set
forth in applicable sections of this code with regard to minimum lot size,
setbacks, lot frontage and maximum building height because the normal
standards may not be appropriate for one or more of the following reasons:
1. Unusual topography or other natural features within the area.
2. The need to mitigate development impacts on vulnerable surrounding land
uses.
3. The need to ensure adherence to a key general plan goal, objective or
policy.
4. Other factors affecting the subject area not generally prevalent in the city.
B. Use of Special Symbols. The city may establish alternate development
standards for a particular geographic area than those set forth for the zoning
district covering the area by means of special zoning symbols. Such alternate
development standards shall supersede those in Chapters 9.50, 9.65, 9.90
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and 9.130 and shall be specified by means of one or more of the following
symbols on the official zoning map:
1. Lot Size. A number following the district designation and connected by a
hyphen shall designate the minimum lot size. Where the number is greater
than one hundred, it shall indicate the minimum size in square feet; where
the number is less than one hundred, it shall indicate the minimum size in
acres.
Example: RM-500 or RL-2
2. Setbacks. A number following the district designation and enclosed by
parentheses shall designate the minimum setbacks in feet. Within the
parentheses, setbacks shall be separated by a slash (/) and shall be
shown in the following order: front/side/rear.
Example: RM (20/5/25)
3. Height and Number of Stories. A number shown below and separated by
a line from the district designation shall designate the maximum height of
building or structures in feet and the maximum number of stories. Height
shall be given first followed by a 'T' and number of stories.
Example: RM = 28/2
4. Lot Frontage. A number preceding and connected to the district
designation by a hyphen shall designate the minimum lot frontage in feet.
Example: 100-RL
5. Symbols Combined. The preceding symbols may be used in any
combination to show minimum lot size, setbacks, frontage, and maximum
height.
Example: 100-RL-2 (20/5/25) = 28/2
C. Location of Zoning Districts Utilizing Special Symbols. Special symbol
districts located within the city of La Quinta shall be clearly identified on the
official zoning map and referenced in Section 9.50.030, Table of
Development Standards. (Ord. 434 § 1, 2007; Ord. 284 § 1 (Exh. A) (part),
1996)
9.20.040 Land uses not listed.
A. Director's Authority. Because not every possible land use can be identified in
this zoning code and because new land uses evolve over time, this section
establishes the Director's authority to determine if unlisted uses shall be
permitted in a zoning district. In order to determine that a use is permitted as
a principal, conditional or accessory use, the director shall make all of the
following findings:
1. The proposed use is consistent with the goals and policies of the general
plan.
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2. The proposed use is compatible with the purpose and intent of the district
in which it is to be located.
3. The proposed use will not adversely affect the health, safety or welfare of
residents or other persons in the vicinity of the use.
B. Referral to Planning Commission. Any determination on a proposed unlisted
use may be referred to the planning commission as a nonhearing item if the
director determines on a case -by -case basis that the public interest would be
better served by such referral.
C. Appeals. Any determination on an unlisted land use may be appealed in
accordance with Section 9.200.120. Determinations by the director may be
appealed to the planning commission and determinations by the planning
commission may be appealed to the city council. (Ord. 284 § 1 (Exh. A)
(part), 1996)
9.20.050 Medical marijuana dispensaries.
A. Medical marijuana dispensaries are a prohibited use in all zones.
B. Definitions. See Chapter 9.280.
Chapter 9.30 RESIDENTIAL DISTRICTS
9.30.010 Summary of district regulations.
A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each
residential district.
B. Development Standards. Development standards (such as minimum
setbacks and maximum building heights) for each residential district are
summarized in this chapter and set forth in more detail in Chapter 9.50.
C. Supplemental Regulations. Sections containing supplemental regulations
applicable to residential uses are as follows:
9.60.010 Purpose and intent
9.60.020 Signs and parking
9.60.030 Fences and walls
9.60.040 Patio covers, decks and play equipment
9.60.050 Storage and other accessory buildings
9.60.060 Garages and carports
9.60.070 Swimming pools
9.60.080 Satellite dish and other antennas
9.60.090 Second residential units
9.60.100 Guesthouses
9.60.110 Home occupations
9.60.120 Pets and other animals
9.60.130 Recreational vehicle parking
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9.60.140 Screening
9.60.150 Tennis and other game courts
9.60.160 Outdoor lighting
9.60.170 Special events
9.60.180 Manufactured housing and mobilehomes
9.60.190 Family child daycare facilities
9.60.200 Senior citizen housing
9.60.210 Construction and guard offices
9.60.220 Trash and recyclable materials storage
9.60.230 Noise control
9.60.240 Landscaping and open area
9.60.250 Model home complexes
9.60.260 Condominium conversions
9.60.270 Density bonuses for affordable housing
9.60.280 Bed and breakfast regulations
9.60.290 Timeshare regulations
9.60.300 Compatibility review for partially developed subdivisions
9.60.310 Restrictions on multistory buildings at project boundaries
9.60.320 Resort residential
9.60.330 Reasonable Accommodation
D. Definitions. See Chapter 9.280.
9.30.020 RVL very low density residential district.
A. Purpose. To provide for the development and preservation of very low density
neighborhoods (zero to two units per acre, except as provided in Section
9.40.030, "Conditions for varying residential densities") with one- and two-
story single-family detached dwellings on large lots and/or, subject to a
specific plan, projects with clustered smaller dwellings, such as one- and two-
story single-family attached, townhome or condominium dwellings, with
generous open space.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Chapter 9.50 contains additional details and illustrations regarding development
standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1
(Exh. A) (part), 1996)
9.30.030 RL low density residential district.
A. Purpose. To provide for the development and preservation of low density
neighborhoods (two to four units per acre, except as provided in Section
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9.40.030, "Conditions for varying residential densities") with one- and two-
story single-family detached dwellings on large or medium size lots and/or,
subject to a specific plan, projects with clustered smaller dwellings, such as
one- and two-story single-family attached, townhome or condominium
dwellings, with generous open space.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
(Ord. 440 § 1, 2007: Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord.
284 § 1 (Exh. A) (part), 1996)
9.30.040 RC cove residential district.
A. Purpose. To provide for the development and preservation of the medium
density "cove" residential area with one-story single-family detached
dwellings on medium size lots, except as provided in Section 9.40.030,
"Conditions for varying residential densities".
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Section 9.50.090 in the RC zone district contains additional details and illustrations
regarding development standards.
D. Fencing. Rear and side yards shall be completely enclosed and screened by
view obscuring fencing, walls or combination per standards found in Section
9.60.030.
E. Building Development Standards. In addition to the requirements of this
chapter and Chapter 9.60 (Supplemental Residential Regulations), the
following standards shall be required on homes built within the RC district:
1. Bedroom Dimensions. A minimum of ten -foot clear width and depth
dimensions, as measured from the interior walls of the room.
2. Bathrooms. There shall not be less than one and one-half baths in one- or
two -bedroom dwellings, and not less than one and three-quarters baths in
dwellings with three or more bedrooms. (Ord. 325 § 1 (Exh. A) (part),
1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.30.050 RM medium density residential district.
A. Purpose. To provide for the development and preservation of medium density
neighborhoods (four to eight units per acre, , except as provided in Section
9.40.030, "Conditions for varying residential densities") with single-family
detached dwellings on medium and small size lots and/or, subject to a
specific plan, projects with clustered smaller dwellings, such as one- and two-
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story single-family attached, townhome or multifamily dwellings, with open
space.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Chapter 9.50 contains additional details and illustrations regarding development
standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1
(Exh. A) (part), 1996)
9.30.060 RMH medium high density residential district.
A. Purpose. To provide for the development and preservation of medium -high
density neighborhoods (eight to twelve units per acre, except as provided in
Section 9.40.030, "Conditions for varying residential densities") with one- and
two-story single-family detached dwellings on small lots, one- and two-story
single-family attached dwellings, and one- and two-story townhome and
multifamily dwellings.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Chapter 9.50 contains additional details and illustrations regarding development
standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1
(Exh. A) (part), 1996)
9.30.070 RH high density residential district.
A. Purpose. To provide for the development and preservation of medium to high
density neighborhoods (twelve to sixteen units per acre; or if the Affordable
Housing Overlay applies, up to twenty-four units per acre when a minimum of
25 percent of units are dedicated to low and very low income affordable
housing, except as provided in Section 9.40.030, "Conditions for varying
residential densities") with one- to three-story single-family attached dwellings
and one- to three-story townhome and multifamily dwellings.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Chapter 9.50 contains additional details and illustrations regarding development
standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
Chapter 9.40 RESIDENTIAL PERMITTED USES
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9.40.010 Development permits required.
This chapter specifies land uses and structures permitted within residential districts.
However, in most cases development to establish a use or structure requires approval
of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord.
284 § 1 (Exh. A) (part), 1996)
9.40.020 Conditions for varying residential densities.
A. Criteria. Consistent with the requirements of the General Plan, there are
certain criteria for allowing lower density residential uses in higher density
districts and vice versa. Therefore, the criteria in this section shall apply when
such variation in permitted uses is proposed.
B. Lower Density Uses. RVL and/or RL uses may be located in areas
designated on the general plan land use policy diagram as high density
residential provided:
1. A specific plan is approved and the overall project density is consistent
with that of the general plan.
2. The decision -making body makes the following findings in addition to
those required per Chapter 9.250 (Specific Plans):
a. The RVL and/or RL residential uses are part of a mixed -use planned
development.
b. Utilities and transportation facilities to the site are designed for the use
and density designated on the general plan land use policy diagram.
c. The RVL and/or RL residential development will not create a deterrent
negatively impacting future RMH or RH development.
d. RVL and/or RL uses are adequately buffered from adjacent RMH and
RH uses, commercial sites, and arterial roadways.
3. If the preceding criteria are not met, a general plan amendment will be
required to allow the RVL and/or RL uses in the medium high density
General Plan land use designation.
C. Higher Density Uses. RM, RMH and RH uses may be located in areas
designated on the general plan land use map as low density residential,
provided:
1. A specific plan is approved and the overall project density is consistent
with that of the general plan land use policy diagram.
2. The decision -making body makes the following findings in addition to
those required per Chapter 9.250 (Specific Plans):
a. The RM, RH and RMH residential uses are part of a mixed -use
planned development.
b. Utilities and transportation facilities to the site are designed to
accommodate the RM, RMH or RH uses.
c. The RM, RMH or RH uses are located adjacent to or in close proximity
to arterial roadways and intersections.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 16 of 334
d. The RM, RHM or RH uses buffer RVL and RL uses from commercial
uses and arterial roadways.
e. The RM, RHM or RH uses are located in close proximity to park/open
space uses such as neighborhood and community parks, schools or
other recreational facilities, or, if not located in close proximity to these
facilities, the RMH or RH uses provide substantial recreational
amenities within the development.
3. If the preceding criteria are not met, a general plan amendment will be
required to allow the RM, RMH or RH uses in the low density General
Plan land use designation. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 §
1 (Exh. A) (part), 1996)
D. Density Transfers. Density transfers may occur in Specific Plans when
common area amenities and open space are provided.
E. Density Bonus. Density bonus may be granted as provided in 9.60.260.
9.40.030 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and
structures which are permitted within each residential district. The letters in the columns
beneath the district designation mean the following:
"P": Permitted as a principal use within the district.
"PUD": Planned Unit Development
"A": Permitted only if accessory to the principal residential use on the site.
"C": Permitted if a conditional use permit is approved.
"M": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use and
if a home occupation permit is approved.
"S": Permitted if a specific plan is approved per Section 9.40.030.
"X": Prohibited in the district.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 17 of 334
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
�a
PUD = Planned Unit
c
'N
Development
a
W
ca
M = Minor use permit
y
c
H = Home occupation permit
y
S = Specific Plan required
T= Temporary Use Permit
y
X = Prohibited use
p
_�
J
>
d
>
�
U
2
2
_
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family detached dwellings
P
P
P
P
P
S
Single-family detached patio homes
PUD
PUD
PUD
PUD
PUD
PUD
(i.e., "zero lot -line")
Duplexes (two units on the same lot)
PUD
PUD
X
PUD
P
P
Single-family attached dwellings (two
units per building with each unit on its
PUD
PUD
X
PUD
P
P
own lot)
Townhome dwellings (two or more units
per building with each unit on its own
PUD
PUD
X
P
P
P
lot)
Condominium multifamily ("airspace"
PUD
PUD
X
P
P
P
units)
Apartment multifamily (rental units)
X
X
X
P
P
P
Mobilehome parks
C
C
C
C
C
C
Mobilehome subdivisions and
manufactured homes on individual lots,
P
P
P
P
P
X
subject to Section 9.60.180
Resort residential subject to Section
P
P
X
P
P
P
9.60.310
Guesthouses, subject to Section
A
A
A
A
A
A
9.60.100
Second residential units subject to
A
A
A
A
A
A
Section 9.60.090
Group Living and Care Uses
Child day care facilities as an accessory
use, serving 6 or fewer children, subject
A
A
A
A
A
X
to Section 9.60.190
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 18 of 334
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
�a
PUD = Planned Unit
Development
M = Minor use permit
y
c
H = Home occupation permit
y
S = Specific Plan required
T= Temporary Use Permit
y
X = Prohibited use
p
o
a
E
E
>
m
>
�
v
2
2
_
Land Use
RVL
RL
RC
RM
RMH
RH
Child day care facilities as an accessory
use, serving 7-14 children, subject to
M
M
M
M
M
X
Section 9.60.190
Congregate living facilities, 6 or fewer
P
P
P
P
P
X
persons
Congregate care facility
C
C
C
C
C
C
Residential care facilities, 6 or fewer
P
P
P
P
P
P
persons
Senior citizen residences, 6 or fewer
P
P
P
P
P
P
persons, subject to Section 9.60.200
Senior group housing, 7 or more
X
X
X
M
M
M
persons, subject to Section 9.60.200
Time share facilities, subject to Section
M
M
M
M
M
M
9.60.280
Bed and breakfast inns
M
M
M
M
M
M
Supportive Housing
X
X
X
C
C
C
Transitional Housing
X
X
X
C
C
C
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
P
P
P
P
P
P
pools/cabanas
Unlighted tennis and other game courts
on private property, subject to Section
A
A
A
A
A
A
9.60.150
Lighted tennis and other game courts
on private property, subject to Section
M
M
M
M
M
M
9.60.150
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 19 of 334
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
�a
PUD = Planned Unit
Development
M = Minor use permit
y
c
H = Home occupation permit
y
S = Specific Plan required
T= Temporary Use Permit
y
X = Prohibited use
p
o
a
E
E
>
m
>
�
v
2
2
_
Land Use
RVL
RL
RC
RM
RMH
RH
Golf courses and country clubs per
P
P
P
P
P
P
Section 9.110.040
Driving range with or without lights
M
M
X
M
M
M
Accessory Uses and Structures
Home occupations, subject to Section
A
A
A
A
A
A
9.60.110
Cottage Food Operations, subject to
P
P
P
P
P
P
Section 9.60.115
Patio covers, decks, and gazebos,
A
A
A
A
A
A
subject to Section 9.60.040
Fences and walls, subject to Section
P
P
P
P
P
P
9.60.030
Satellite dishes and other antennas
A
A
A
A
A
A
subject to Section 9.60.080
Swimming pools, spas and cabanas,
A
A
A
A
A
A
subject to Section 9.60.070
Garages and carports, subject to
A
A
A
A
A
A
Section 9.60.060
Keeping of household pets, subject to
A
A
A
A
A
A
Section 9.60.120
On lots of 1 acre or more, the
noncommercial keeping of hoofed
animals, fowl (except roosters) and
rabbits, subject to Section 9.60.120.
Hoofed animals include horses, sheep,
A
A
X
X
X
X
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.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 20 of 334
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
�a
PUD = Planned Unit
Development
M = Minor use permit
y
c
H = Home occupation permit
y
S = Specific Plan required
T= Temporary Use Permit
y
X = Prohibited use
p
o
a
E
E
>
m
>
�
v
2
2
_
Land Use
RVL
RL
RC
RM
RMH
RH
Other accessory uses and structures
which are customarily associated with
and subordinate to the principal use on
A
A
A
A
A
A
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
P
T
X
X
X
X
9.100.100
Temporary Uses
Garage sales
A
A
A
A
A
A
Construction and guard offices, subject
A
A
A
A
A
A
to Section 9.60.210
Use of relocatable building
M
M
M
M
M
M
Model home complexes and sales
M
M
M
M
M
M
offices, subject to Section 9.60.250
Special outdoor events, subject to
M
M
M
M
M
M
Section 9.60.170
Parking of recreational vehicles, subject
A
A
A
X
X
X
to Section 9.60.130
Other Uses
Churches, temples and other places of
C
C
C
C
C
C
worship
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 21 of 334
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
�a
PUD = Planned Unit
Development
M = Minor use permit
y
c
H = Home occupation permit
y
S = Specific Plan required
T= Temporary Use Permit
y
X = Prohibited use
p
o
a
E
E
>
m
>
�
v
2
2
_
Land Use
RVL
RL
RC
RM
RMH
RH
Museum or gallery displaying sculpture,
artwork or crafts, including schools for
M
M
M
M
M
M
above, on 20 acres or more
Community recreational vehicle storage
A
A
X
A
A
A
lots, noncommercial
Communication towers and equipment
(freestanding, new towers) subject to
C
C
C
C
C
C
Chapter 9.170
Communication towers and equipment
(co -location, mounted to existing facility)
M
M
M
M
M
M
subject to Chapter 9.170
Utility substations and facilities
M
M
M
M
M
M
Public flood control facilities and
P
P
P
P
P
P
devices
Other principal, accessory or temporary
Director or Planning Commission to determine
uses not in this table.
whether use is permitted in accordance with
Section 9.20.040.
(Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord.
414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1,
1997; Ord. 284 § 1 (Exh. A), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 22 of 334
Chapter 9.50 RESIDENTIAL DEVELOPMENT STANDARDS
9.50.010 Mobilehome park development standards.
Mobilehome parks shall conform to the following standards:
A. Minimum thirty percent common open area;
B. Landscaped perimeter setbacks for structures: minimum twenty feet at any
point and minimum twenty-five feet average over the entire perimeter;
C. Perimeter setbacks shall not count toward the common open area
requirement or vice versa. (Ord. 284 § 1 (Exh. A), 1996)
9.50.020 Height limits and setbacks near image corridors.
In order to facilitate noise screening for residents and preserve visual openness, it is
necessary to limit building heights for residential development. Therefore,
notwithstanding the height standards set forth elsewhere in this code, additional height
limitations shall apply to buildings within one hundred fifty feet of the edge of right-of-
way of the following general plan -designated image corridors:
A. Image Corridors: All buildings limited to one story, not to exceed twenty-
two feet in height.
B. Rear yard setbacks for residential units abutting the image corridors shall
be a minimum of twenty-five feet. The RVL development standard shall be
required as specified in Section 9.30.020.
9.50.030 Table of development standards.
A. Definitions. See Chapter 9.280.
B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040 following,
set forth standards for the development of property within residential districts.
However, standards different from those in Table 9-2 shall apply if special zoning
symbols described in Section 9.20.030 are designated on the official zoning map.
Table 9-2 Residential Development Standards
Development
Standard
District
RVL
RL
RC
RM
RMH
RH
Minimum lot size for single-
20,000
7200**'
7200
5000
3600
2000
family dwellings (sq. ft.)
Minimum project size for
n/a
n/a
n/a
n/a
20,000
20,000
multifamily projects (sq. ft.)
Minimum lot frontage for
100
60
60
50
40
n/a
single-family dwellings (ft.)'
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 23 of 334
Table 9-2 Residential Development Standards
Development
Standard
District
RVL
RL
RC
RM
RMH
RH
Minimum frontage for
n/a
n/a
n/a
n/a
100
100
multifamily projects (ft.)
Maximum structure height
28
28
17
28
28
40
(ft )2
Maximum number of stories
2
12
1
2
12
3
Minimum front yard setback
30
20
20
20
20
20
(ft )3
Minimum garage setback
n/a
25
25
25
25
25
A)
Minimum interior/exterior
10/20
5/10
5/10
5/10
5/10
10/15
side yard setback (ft.)5,'
Minimum rear yard setback
30
20 for
10
15
15
20
(ft.)7
new lots
and 10 for
existing
recorded
lots$
Maximum lot coverage (%
40
50
60
60
60
60
of net lot area)
Minimum livable area
2500
1400
1200
1400
1400
750 for
excluding garage (sq. ft.)
(multi-
multi-
family:
family
750)
Minimum common open
n/a
n/a
n/a
30%
30%
30%
area
Minimum/average
10/20
10/20
n/a
10/20
10/20
10/20
perimeter landscape
setbacks (ft.)6
Symbol
Description of Special Zoning Symbols
Used as per Section 9.20.030
60-RM-10,000
60-foot minimum lot frontage, medium density residential
17/1
zoning, 10,000 square foot minimum lot size, 17-foot
maximum building height at one story
RL 10,000
Low density residential zoning, 10,000 square foot
17/1
minimum lot size, 17-foot maximum building height at
one story
RM
Medium density residential zoning, 17-foot maximum
17/1
building height at one story
RL
Low density residential zoning, 17-foot maximum
17/1
building height at one story
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 24 of 334
Table 9-2 Residential Development Standards
Development
Standard
District
RVL
I RL
RC
RM
RMH
RH
As shown on the approved specific plan for the project.
** As provided in the underlying base district.
*** A minimum lot size of 20,000 sq. ft. shall be required of new lots created within
subdivisions of 10 acres or less in size located south of Avenue 52 and west of
Monroe Street.
Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot
frontage for flag lots shall be 15 feet.
z Not including basements. Also, notwithstanding above table, the maximum
structure height equals 22 feet for all buildings within 150 feet of any general plan -
designated image corridor, except in the RC zone, which is 17 feet.
3 For non -garage portions of dwelling only. Also, projects with five or more adjacent
single family dwelling units facing the same street shall incorporate front setbacks
varying between 20 feet and 25 feet or more in order to avoid streetscape
monotony.
a For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type
garage door is used. Also, for side -entry type garages, the garage setback may
be reduced to 20 feet in the RVL district and 15 feet in all other residential
districts.
5 The following are exceptions to the minimum side setbacks shown: For interior
side yards in the RL, RM and RMH districts, if the building is over 17 feet in
height, the setback is five feet plus one foot for every foot over 17 feet in height or
fraction thereof, to a maximum setback of ten feet. The additional setback may be
provided entirely at grade level or a combination of at grade and airspace above
the 17-foot building. For RH, five feet minimum plus one foot additional setback
for every foot of building height above 28 feet, or fraction thereof, up to a
maximum setback of 15 feet when said height above 17 feet is located between
five and ten feet from said side yard property line. For interior setbacks, if the
building is over 28 feet in height the setback is ten feet plus one foot for every foot
over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The
additional setback may be provided entirely at grade level or may be a
combination of at grade and airspace above the 28-foot building height.
s Common open area and perimeter landscape requirements do not apply to
single-family detached projects unless a specific plan is required. Common open
area equals percent of net project area. Perimeter landscape setbacks are
adjacent to perimeter streets: first number equals minimum at any point; second
number equals minimum average over entire frontage (thus, 10/20). See Section
9.60.240 and additional landscape/open area standards.
' Rear and side yard setbacks for residential units abutting the image corridor shall
be a minimum of 25 feet with the exception of RVL zone district where it only
applies to the side yard.
(Ord. 466 § 1, 2009; Ord. 434 § 2, 2007; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1,
1997; Ord. 284 § 1 (Exh. A), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 25 of 334
9.50.040 Illustration of development standards.
Figure 9-1
DEVELOPMENT STANDARDS: RVL AND RL DISTRICTS
RVL
VERY LOW DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 20,000 sgfft
Max. Lot Coverage: 40%
Min. Livable Fk)orArea (excluding
garage): 25M sgtft
I
Max Ht � 28,
Max. Stories
`2
I�M�n
Lot Fronta5e _
10p,
RL
LOW DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 7200 sgtft
Max. Lot Coverage: 50
Min. Livable Floor Area (excluding
garage):1400 sgtft
Max Mt i 2g 1
Max , Stories � 2
Miri Lot
Frohte5e
Min. Front
Setback = 30'
Side entry garages min. 20'
Min. Rear
Setback = 30'
Min. Interior Side Setback =10'
Min. Exterior Side Setback = 20'
Min. Rear Setback
= 20' for new lots
and 10' for existing
recorded lots
Interior k, if the building is over 17'
4M.
kis 5' plus 1`for ever11 y
foot over
'inheightorfractionthereof,to
a maximum setback of 10'. Theadditional
setback may be provided
entirely atgrade level era combination
nt Setback to
of at grade and airspace above the 17'
n Garage Setback =
0"171n. Garage Setback =
20' building height.
25'
(20' If roll -up type
garage door is used)
Min. Exterior Side Setback =10'
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 26 of 334
Figure 9-2
DEVELOPMENT STANDARDS: RC DISTRICT
RC
COVE RESIDENTIAL DISTRICT
Min. Lot Size: 7200 sglft
Max. Lot Coverage: 60%
Min. 'Livable Floor Area (excluding
garage): 1200 sglft
Lot Pro,,
Min. Rear
Setback = 10'
Interior Side Setback = 5'
Exterior Side Setback = 10'
Min. Front Setback to
Non -Garage Portion = 20'
Min. Garage Setback = 25`
(20' If roll -up type
garage door is used)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 27 of 334
Figure 9-3
DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS
RM
MEDIUM DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 5000 sglft
Max. lot Coverage: 60%
Min. Livable FkxuArea (excluding
garage): 1400 sight
Min. Common Open Area: 30°J * Max Nr. �a
Min.Perimeter Landscape VRE mar. stones `z
Setbacks: 10120* _?s
nt°r9e
50•
For single family attached
Min. Front Setback to
Non4Garage Portion = 20'
side setbacks, see RMH below
Min. Garage Sethack = 25'
(20' If roll +u p type
garage door is used)
Min. Rear
Setback = 15'
Interiorsetbacks,
re building is over
17' in tback Is 5'
plus 1 ` very foot over
heightorfrac` lereof,to
a maximum ck of t®'. The
additi setback may be provided
elyat grade level or a combination
of at grade and ales pace above the 17'
building height
Min. ExteriorSide Setback = 10'
Zero Lot Line Homes =
11'Aggregate of Both Sides
*Common open area = % of net project area. Perimeter landscape setbacks are
adjacent to perimeter streets: 15t no. = min. at any point; 2nd no. = min. avg. over entire
frontage (thus, 10/20). This standard does not apply to detached single family
residential. See Sec. 9.60.240 for additional landscape/open area standards.
RMH
MEDIUM HIGH DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size for Single Family: 3600 sgift
Min. Project Size for Muthfam. Projects: 20,000 scot
Max Lot Coverage: W/o
Min. Li+r"FkxarArea (exclutding
garage):1400 sc+t Mulftm.: 750 sq t
Min. Common Open Area: 31YI.*
Min, Pen meter Landscape ",
Setbacks:1Oi2Cl Storre� 1
ATig
Pro t
O
n. Fro 71a9e ter ��IgfaaNip y Lo
A is x
rofeets 40,
` 100.
Min. Rear
Setback = 15'
SGL FAM. DETACHED:
r7tpr16r setback, if the building is over 17' in
of Uie setback is 5' pl us 1' far every fool
over 17' m height or fraction thereof, to
a maxim urn setback of 10'. The additional
setback may be provided entirely at grade
level or a combination or at grade and
airspace bove the 17' budding height.
Min- Exterior Side setback =10'
Zero Lot Line Homes = 10' Aggregate, both sides
SINGLE FAMILY ATTACHED:
Von Attached Side. ID' on Open Side
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 28 of 334
Figure 9-4
DEVELOPMENT STANDARDS: RH AND RSP DISTRICTS
RH
HIGH DENSITY
RESIDENTIAL DISTRICT
Min. Project SizeforApt. Projects: 20,000 sq t.
Min. Lot Size for Single Family Attached:2000 sglR
Max. Lot Coverage: 60%
Min. Livable Floor Area forApt. Units: 750 sglft
Min. Common Open Area: 30%'
Min. Perimeter Landscape
Setbacks: 10120"
fax fft. x 40,
..�-trB yak' Stones 3
ti'llty �
r6nta8e f°r
P -
rOle�ts ..
100
Min. Rear
Setback = 20'
Fa riorsetbacks a building
s over 28' in t The setback is 10'
plus on for every foot over
2 — eight or traction thereof, to
Gar�ye
ma xim um setbac k of 15'. The
additional setback may be provided
entirelyat grade level or maybe a
combination of at grade and airspace
above the 28'building height
[Min. Front Setback to
Min. Exterior Side Setback = 15'
,/ Non�Garage Portion = 2a'
SINGLE FAMILYATCACHED:
Min. Garage Setback = 26'
Q20'11rollitp type
Won Attached Side. 10' on Open Side
garage door is used)
*Common open areas and perimeter landscape requirements do not apply to single family
detached projects unless a specific plan is required. Common open areas = % of net project
area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any
point: 2nd no. = min. avg. over entire frontage (thus, 10/20). See sec. 9.60.240 for additional
landscape/open area standards.
RSP
RESIDENTIAL SPECIFIC PLAN OVERLAY DISTRICT
Min, Common Open Area = 30%
Perimeter Landscape Setbacks:
• 10' min. at any point, Perimeter Lar dsc ping:
•20' min. average over • 10' Min.
entire perimeter** • 20' Min. Mln,Cotnrnara
Average Open Area = sir
Other development standards
to be as shown on approved
specific plan for the project
Project Boundary
**Perimeter setback area shall
not be counted as common
open area or vice versa.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 29 of 334
(Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.50.050 Maximum building height.
For purposes of this code, the maximum height of buildings and other structures
shall be defined as the vertical distance from finish grade to an imaginary plane
above the building site. The imaginary plane shall be established above and
parallel to the finish grade adjacent to the exterior walls at a vertical distance
equal to the specified maximum height. This definition is illustrated below:
STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE
ur �
.rr.r.r.r. ,,,,..... Max.
LY►:•. rrrnr..•
Height
Max. ;
Height rior Wads
g , Fin�S Grade Around �zte
Figure 9-5: Measurement of Building Height
(Ord. 284 § 1 (Exh. A), 1996)
9.50.055 Front Elevations for Tract Development
Each prototype plan proposed within a tract shall be provided with a minimum of
two different front elevations with structural changes including, but not limited to
roof type, height, finishes, and color to ensure variety within the project.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 30 of 334
90.50.060 Architectural projections.
A. Roof Projections. Notwithstanding Figure 9-5, chimneys, roof vents,
finials, spires, and similar architectural features not containing usable
space are permitted to extend up to three feet above the maximum
structure height set forth in Table 9-2.
B. Projections. Architectural projections such as the following are
permitted to encroach into the required setbacks specified in Table 9-
2:
1. Roof overhangs, chimneys, awnings and canopies may encroach a
maximum of two feet into any required setback provided such
projections are no closer than three and one-half feet from any
property line.
2. Architectural projections such as cantilevered seating windows or
ledges, which are located a minimum of one foot above the floor
and do not increase a building's usable floor area, may encroach a
maximum of two feet into any required setback provided such
projections are no closer than three and one-half feet from any
property line.
3. Balconies, exterior stairways, and elevated uncovered decks may
encroach a maximum of four feet into required front and rear
setbacks provided such projections are no closer than three and
one-half feet from any property line. Such projections shall not
encroach into required side setbacks nor increase a building's
usable floor space. (Ord. 325 § 1 (Exh. A), 1998: Ord. 299 § 1,
1997; Ord. 284 § 1 (Exh. A), 1996)
9.50.070 Irregular lots.
A. Purpose. Setback distances established for residential districts are
based on rectangular lots. Nonrectangular lots, lots with three sides or
more than four sides, and other nonstandard lots require special
measurement techniques in order to achieve the purpose of setback
requirements, i.e., the appropriate separation of structures from streets
and other properties. The purpose of this subsection is to provide
standards for the establishment and measurement of setbacks on
irregular lots. (See Chapter 9.280 for definition of lot lines.)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 31 of 334
FLAG LOT SETBACKS SAME
AS FOR OTHER LOTS
SIDEYARD
SETBACK
10' REAR
LOT LINE for
MEASURING
SETBACK
r
RD !
SIDEYARD
I r SETBACK
I
FLAG LOT
ACCESSWAY
REARYARD /
SETBACK �� ; SIDEYARD '
!SETBACK
STREET RIGHT OF WAY
Figure 9-6: Setbacks on Irregular Lots
B. Front Setbacks. Front yard setbacks shall be measured from the
ultimate street right-of-way line.
C. Rear Setbacks. In the case of an irregularly shaped lot, a ten -foot line
which is within the lot and parallel to and most distant from the front lot
line shall be considered the rear lot line for purposes of determining
required setbacks and for interpretation of other provisions of this code
(see illustration).
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 32 of 334
10,
FRONT LOT LINE
REAR
LOT
LINE
FRONT LOT LINE
Figure 9-6a: Rear Lot Line for Measuring Setbacks
D. Side Setbacks. All lot lines which are not front or rear lot lines shall be
considered side lot lines for the purpose of measuring setbacks.
E. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at
the closest point between the building and the angled lot line.
F. Flag or Panhandle Lots.
1. Definition. For purposes of this section, "panhandle lot," "flag lot,"
"panhandle building site" and "flag building site" all mean the
following: a lot or building site having its only vehicular access by
way of a narrow accessway which serves no other property and
which is less than forty feet wide and more than twenty feet long.
2. Setbacks. All setbacks shall be the same as for other lots in the
applicable district. The front lot line shall be the line closest to
perpendicular to the street on which the lot accesses, unless
determined otherwise by the Director.
3. No Structures in Panhandle. No structures shall be permitted in the
panhandle portion of the lot nor shall that portion be credited to
minimum lot area requirements.
4. Minimum Accessway Frontage. Twenty feet.
G. Determination by Director. Where a building site is situated such that
any of the property lines are not readily determinable, required
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 33 of 334
setbacks shall be as determined by the Director in compliance with the
following criterion: required setbacks shall not permit the placement of
buildings on the site in a manner that will constitute a grant of special
privileges inconsistent with the limitations placed on other properties in
the vicinity and incompatible with surrounding uses.
9.50.080 Setbacks from surface easements.
Where a surface easement for street, vehicular access, bikeway, or recreation
trail purposes has been granted across any portion of a lot, the building setback
shall be measured from the property line or to the edge of easement, whichever
is closer to the building. (Ord. 284 § 1 (Exh. A), 1996)
9.50.090 RC district development standards.
In addition to the requirements of Chapter 9.30 (Residential Districts) and
Chapter 9.60 (Supplemental Residential Regulations) the following shall be
required for homes built within the RC district:
A. Requirements.
1. Manual on Architectural and Landscape Standards. The planning
commission shall, by resolution, adopt architectural and landscape
manuals to be used as guidelines in reviewing landscape materials,
architectural style, exterior building materials, colors, and mass and
scale;
2. Architectural Variety. Duplication of houses having the same
architectural design features on the front elevation of other houses
located within two hundred feet of each other shall make provisions
for architectural variety by using different colors, roof treatments,
window treatments, garage door treatments, and methods;
3. Minimum Gross Livable Area. One thousand two hundred square
feet, excluding the garage, as measured from the exterior walls of
the dwelling;
4. Bedroom Dimensions. A minimum ten -foot clear width and depth
dimensions, as measured from the interior walls of the room;
5. Bathrooms. There shall not be less than one and one-half baths in
one- or two -bedroom dwellings, and not less than one and three-
quarter baths in dwellings with three or more bedrooms;
6. Exterior walls shall be cement plaster and may be accented with
stone, brick, wood, or other similar materials;
7. Sloping roofs on new homes shall be constructed of clay, or
concrete tile. Replacement of existing roofs shall also require the
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 34 of 334
use of clay, or concrete tile, unless the Director determines that the
roof support structure will not support such materials. Building
additions and accessory structures may have roofs of the same or
similar materials as the existing home (All properties listed on the
city's historic building survey shall be exempt from this
requirement);
8. Landscaping. All front and exterior side yards shall be landscaped
to property line;
9. The landscaping shall include trees, shrubs and ground cover 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;
10.An irrigation system shall be provided for all areas required to be
landscaped;
11. The landscaping shall be continuously maintained in a healthy and
viable condition;
12. Screening. Refuse containers and bottled gas tanks shall be
concealed by view -obscuring fencing or walls;
13. Underground Utilities. All electric services, overhead wires, or
associated structures must be installed underground;
14. Lighting. All exterior lighting shall be located and directed so as not
to shine directly on adjacent properties and shall comply with the
dark sky ordinance;
15. Fencing. Rear and side yards shall be completely enclosed and
screened by view -obscuring fencing, walls, or combinations as
illustrated in the manual on architectural standards;
16. Earth fill shall not exceed what is necessary to provide minimum
required drainage to the street;
17. When there is a combined retaining and garden wall, and the
retaining wall exceeds three feet, the garden wall shall not exceed
five feet in height;
18. Parking shall be provided in accordance with Chapter 9.150, Table
9-11 (Parking for Residential Land Uses). (Ord. 505 § 1, 2012; Ord.
361 § 1 (Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 35 of 334
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.010 Purpose and intent.
This chapter sets forth requirements for accessory structures, fences and walls,
swimming pools, and other special aspects of land use in residential districts.
These requirements are in addition to the regulations for residential uses set
forth in Chapter 9.30 through 9.50. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.020 Signs and parking.
Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign
regulations. (Ord. 284 § 1 (Exh. A) (part), 1996)
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.
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.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 36 of 334
OPEN RAILING UP TO 48" HIGH
ON TOP OF MAX. HEIGHT WALL
FOR PEDESTRIAN SAFETY
MAXIMUM WALL
HEIGHT
I
FENCES MORE THAN 30"
APART (between adjacent faces)
SHALL BE CONSIDERED
SEPARATE STRUCTURES FOR
PURPOSES OF MEASURING HEIGHT
INDEPENDENT WALL
y i
R
Measurement of Fence Height
INDEPENDENT WALL
In addition, the following provisions shall apply to the measurement of
fence height:
1. Open railings, up to forty-eight 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 inches apart (measured between adjoining
faces) shall be considered one structure and fence height shall be
measured from the base of the lower fence to the top of the higher
fence. Fences thirty 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 feet.
2. Setback Areas Not Bordering Streets. The maximum fence height
shall be six 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
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 37 of 334
height of the fence may be measured from the elevation of the
adjoining building site to the top of the fence. However, fence
height shall not exceed eight feet measured from either side with
the exception of the RC district (see Section 9.30.040).
3. Setback Areas Bordering Streets, Alleys and Other Accessway.
a. Within all districts, the maximum fence height shall be five feet
within the first ten feet of the required front setback area
(measured from the street right-of-way) and six feet within any
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 lot from a rear yard on an adjacent lot, the
maximum fence height shall be six feet.
c. Arches or trellises up to nine feet in overall height and five 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 feet in height if so
recommended by a noise attenuation study and approved by
the director.
4. Adjacent to a Nonresidential Zone or Use. The maximum fence
height between a residential zone or use and a nonresidential zone
or use shall be eight feet.
a. The height of fences, trees, shrubs and other visual obstructions
shall be limited to a maximum height of thirty inches within the
triangular area formed by drawing a straight line:
i. Between two points located on and twenty feet distant from
the point of intersection of two ultimate street right-of-way
lines.
ii. Between two points located on and five 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 feet wide.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 38 of 334
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 lines.
c. The height restrictions of this subdivision shall apply to fences,
walls, trees, shrubs, vegetation, or any other material which
obstructs or may obstruct visibility.
D. Gates.
1. Materials. Gates shall be constructed of ornamental iron/tubular
steel 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 inches wide shall have a metal frame. Chain link
gates are prohibited. Vehicular driveway gates shall be constructed
of ornamental iron/tubular steel and metal if solid. If screening an
RV, the gate shall be constructed of a solid opaque material.
2. Width. Pedestrian gates shall not exceed five feet in width, except
that gates may be any width within sideyard setbacks of at least
twelve feet.
E. Fence Construction and Materials. All fencing in residential districts
shall conform to the following construction and material standards:
1. Wood and Vinyl Fencing.
a. Except for gates, split two rail fencing, and for equestrian
fencing regulated by Section 9.140.060, wood and vinyl or
similar recycled fencing materials are permitted in rear or
interior side yards only, and only if not visible from the street.
Wood -framed fencing with a stucco finish is a 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.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 39 of 334
Alternatively, if left in natural color, all wood shall be treated with
a water -repellant material.
c. All vinyl or similar recycled fencing material shall be constructed
of an aluminum -reinforced non -reflective material that contains
antistatic and UV -radiation inhibiting additives.
d. Fence boards may be horizontal or vertical. Support posts shall
be a minimum of nominal four inches by four inches redwood,
pressure -treated lumber, tubular steel or block and installed per
the Uniform Building Code.
e. Split Rail Fencing. Split two rail fencing shall be allowed in the
front yard or along the front property line with columns a
maximum height of four feet and three 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 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.
F. Fence Landscaping and Maintenance.
1. Landscaping. The area between the back of curb and any fencing
shall be landscaped, have a suitable permanent irrigation system,
and be continuously maintained by the property owner.
2. Maintenance. All walls and fences shall be continuously maintained
in good repair. The property owner shall be provided thirty days
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 40 of 334
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 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 9.210.020. Said minor use
permit shall not be approved until a permit for grading, or construction,
has been filed for, whichever comes first.
H. Equestrian Fencing. Notwithstanding any other requirements of this
section, fencing shall be regulated by the provisions of Section
9.140.060 (Equestrian overlay regulations) where the keeping of
horses is permitted.
I. 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 of its total replacement value shall not be
repaired, rebuilt, or reconstructed except in conformance with these
standards. (Ord. 466 § 1, 2009; Ord. 378 § 1 (Exh. A), 2002; Ord. 361
§ 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299
§ 1 (part), 1997; Ord. 284 § 1 (Exhs. A, B) (part), 1996)
9.60.040 Patio covers, decks and play equipment.
A. Applicability. For purposes of this section, the term "patio covers,
decks, and play equipment" includes any type of yard structure other
than a building or a carport. Such structures include but are not limited
to open and solid patio covers, gazebos, trellises, arbors, and to play
equipment which is more than eight feet in height. All such structures
shall be "open" (no side walls) and are referred to in this section as
"yard structures." Enclosed structures shall be considered accessory
buildings (see Section 9.60.050). Uncovered decks and other
structures less than eighteen inches above finish grade shall not be
subject to the provisions of this section.
B. Standards. Patio covers, decks, gazebos, play equipment or other yard
structures, attached to or detached from the main building shall comply
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 41 of 334
with front and side yard setbacks for the main building and the
following requirements:
1. The location of decks shall be governed by the standards for wall
projections in Section 9.50.060.
2. No yard structure shall be more than twelve feet in height.
3. Yard structures shall not be constructed or established in the
panhandle portion of a panhandle or flag lot.
4. No yard structure shall be located less than five feet from any
adjacent residential lot or from any rear property line adjacent to a
public or private right-of-way.
5. No yard structure shall be located less than three feet from any rear
property line adjacent to any common use easement or open space
or recreational area which is at least ten feet deep.
6. Eaves or roofs may overhang into the required setback a maximum
of eighteen inches. Setbacks shall be measured from the nearest
supporting member of the structure to the property line or, if the
property line is at the toe of a slope, from the top of the slope.
7. Structures shall be constructed in a manner so as to prevent
rooftop water from draining onto any adjacent parcel.
8. Wood lattice cross -members in patio covers or trellises shall be of
minimum nominal two inches by two inches material.
9. No patio cover, trellis, gazebo, arbor, similar structure, or
combination thereof shall cover more than fifty percent of the rear
area required setback. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299
§ 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.045 Barbeques, waterfalls, fountains, fireplaces and similar structures.
A. Applicability. Permanently installed freestanding barbeques, waterfalls,
fountains, fireplaces and similar structures such as permanently
installed tables and benches, etc., may be constructed on a residential
lot containing a primary residence.
B. Standards. Freestanding barbeques, waterfalls, fountains, fireplaces
and similar structures shall comply with the following requirements:
1. Said construction of structures, except freestanding fireplaces, are
allowed within the required front, side, or rear setbacks, including
adjacent to a property line. In side yard areas, a single clear
passageway of five feet wide shall be provided.
2. Allowed construction of structures shall not be attached to property
line walls or fences, and shall meet all required distance clearances
(i.e., for barbeques, fireplaces).
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Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
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3. Within five feet of any property line, the height of the feature or
construction shall not exceed the height of the closest wall or fence.
If no wall or fence exists, the construction or feature shall not
exceed the height of the wall allowed along the property line in
question.
4. Outdoor fireplaces shall not be closer than five feet from a property
line, except when adjacent to permanent open space such as a golf
course, common landscape or hardscape area, drainage channel,
etc., in which case it may be within three feet of the property line.
The height of the chimney may be up to six feet unless required to
be higher to comply with building code requirements. In such
cases, the height shall not be higher than the minimum height
required. (Ord. 361 § 1 (Exh. A)(part), 2001)
9.60.050 Storage and other accessory buildings.
A. Applicability. Accessory buildings, such as storage or gardening sheds,
are permitted on a residential lot containing a primary residence
subject to the requirements of this section. (Carports and garages are
regulated separately by Section 9.60.060, patio covers by Section
9.60.040, swimming pools and spas by Section 9.60.070, and
recreational vehicle parking by Section 9.60.130.)
B. Drainage from Roofs. Accessory buildings shall be constructed in a
manner so as to prevent rooftop water from draining onto any adjacent
parcel.
C. Lot Coverage Maximums. The placement of accessory buildings on a
lot shall not result in violation of the lot coverage maximums set forth in
Section 9.50.030.
D. Standards. Setbacks and Maximum Height. Detached accessory
buildings shall conform to the following setback standards:
Table 9-3 Standards for Detached Accessory Buildings
Minimum Setback ft.
Roof
Area of
Structure
sq. ft.
Maximum
Height
Separation
from Main
Building
Front
Yard
Interior
Side
Yard
Exterior
Side
Yard
Rear
Yard
0-100
10
5
20
3.5
10
3.5
101-200
10
5
20
5
10
5
201+
17
1 10
Same as for main building
(Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exhs. A, B) (part), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
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9.60.060 Garages and carports.
A. Height. The maximum structure height shall be fourteen feet for a
detached carport and seventeen feet for a detached garage, except
that garages may be up to twenty-eight feet in height if a second
dwelling unit complying with the provisions of Section 9.60.090 is
located above the garage.
B. Setbacks.
1. In the RVL district, the minimum garage or carport setback shall be
thirty feet. In all other residential districts, the minimum setback for
front -entry type garages or carports shall be twenty-five feet if a
standard "pivot" type garage door is used, twenty feet if a "roll -up"
type garage door is used, and twenty feet for a carport. For side -
entry type garages, the minimum garage setback shall be twenty
feet in the RVL district and fifteen feet in all other residential
districts. A side -entry garage designed as tandem parking, when
permitted under this code, shall not be located along any street
frontage. The conversion of side -entry garages to habitable area is
only permitted if the side -entry garage conforms to the minimum
garage setback for a front -entry type garage.
2. When alleys, private streets or common driveways at the rear of a
lot are provided specifically as vehicular access to garages and
carports and when separate access and circulation systems are
provided for pedestrians, guests and emergency vehicles, garages
and carports may be placed up to a minimum of five 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. (Ord. 505 § 1, 2012; Ord. 284 § 1 (Exh. A), 1996)
Ordinance No. 550
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Adopted: November 15, 2016
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9.60.070 Swimming pools.
A. Applicability. The provisions of this section shall apply to any outdoor
swimming pool, whirlpool, spa (in -ground or above -ground), or open
tank or pond containing or normally capable of containing water to a
depth of eighteen inches or more at any point. For purposes of this
section, the term "pool" means all or any of the foregoing facilities.
B. Standards. Pools are permitted as accessory uses in residential
districts subject to the following requirements:
1. Location. Pools shall be located at least three feet (measured from
water's edge) from any property line. No adjustments to this
minimum shall be approved, with the exception of private gated
communities where any property line is adjacent to common open
area.
2. Filtering and Heating Equipment. Use of equipment shall comply
with the following requirements:
a. Mechanical pool equipment such as a pump, filter, or heater,
may be located within the front or rear yard areas. The
equipment shall be enclosed on at least three sides by a
masonry wall with an open side not visible to the street.
b. Mechanical pool equipment may be in an area between the side
property line and the residence provided a five-foot side yard,
clear of any permanent obstructions is maintained between the
side yard property line and any mechanical pool equipment.
c. Where there is no side property line wall, mechanical pool
equipment may be in a side yard of five feet or less only if a
recorded easement in perpetuity exists for the subject property
to use the adjacent side yard of the abutting property for access
and a minimum five feet distance between the equipment and
adjacent obstruction (i.e., building wall) is provided.
3. Fencing Requirements. All pools shall be fenced in accordance
with the provisions of the city's building code Chapter 8.06, state
law and other applicable laws and ordinances.
4. Screening shall be provided as required in Section 9.60.140(B)(2).
(Ord. 361 § 1 (Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998; Ord. 299
§ 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
9.60.075 Ground mounted mechanical equipment.
Use of equipment shall comply with the following requirements:
A. Ground mounted mechanical equipment such as air conditioner
condensing units, water softeners, etc., may be located within the rear
yard areas. For lots of five thousand square feet or less, said
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equipment can be in the front yard if there is a wall around the yard, or
it is screened by a masonry wall.
B. Where there is no side yard property line wall, mechanical equipment
may be in an area between the side property line and the residence
provided a five-foot side yard, clear of any permanent obstructions is
maintained between the side yard property line and any mechanical
equipment.
C. Mechanical equipment may be in a side yard of five feet or less only if
a recorded easement in perpetuity exists for the subject property to
use the adjacent side yard of the abutting property for access and a
minimum five feet distance between the equipment and adjacent
obstruction (i.e., building wall) is provided. (Ord. 361 § 1 (Exh. A),
2001)
9.60.080 Satellite dish and other antennas.
A. Purpose. Satellite dish and other antennas consistent with the design
and location provisions of this section shall be permitted as accessory
structures within any residential district.
B. Permitted Commercial Antennas. Commercial television, radio,
microwave, communication towers, and related facilities are permitted
as principal uses in all districts subject to approval of a conditional use
permit and conformance with the requirements of Chapter 9.170
(Wireless Telecommunication Facilities). Satellite dish and other
antennas are permitted as accessory structures in nonresidential
districts in accordance with Section 9.100.070.
C. Permitted Noncommercial Antennas (See Chapter 9.170).
Noncommercial privately owned television and/or radio antennas shall
be contained entirely within a building except for: (1) satellite dish
antennas and other antennas which cannot function when completely
enclosed by a building; and (2) amateur radio antennas used by
operators licensed by the Federal Communications Commission (FCC,
pursuant to 47 CFR Section 97). Such permitted outdoor antennas
shall comply with the following design standards and requirements:
1. Number. No more than one satellite dish and one amateur radio
antenna shall be permitted per lot.
2. Height and Diameter. Satellite dish antennas shall not exceed eight
feet in height measured from adjacent grade or finish floor and shall
be no more than eight feet in diameter.
3. Ground -Mounted Antennas.
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a. Location. All ground -mounted antennas shall be located within
the rear yard or may be located within an interior side yard if not
within the required side yard setback. Such antennas are
prohibited from exterior street side yards unless not visible from
the street. All antennas over six feet in height shall be set back
a minimum of ten feet from all property lines.
b. Screening. Ground -mounted satellite dish antennas shall be
screened from view, including views from adjacent yards, by
landscaping or decorative structures (trellis, arbor, fence, etc.).
The dish antenna shall be a single color that blends with its
surroundings (e.g., off-white, dark green, brown, gray or black).
c. Disguised Antennas. An antenna which has the appearance of
typical backyard furniture or equipment (e.g., satellite dish
antenna manufactured to have the appearance of a patio
umbrella) is not required to comply with the preceding location
and screening standards but shall comply with height and size
limits. Such an antenna may be placed on any patio or deck.
4. Building -Mounted Antennas. Roof -mounted and other building -
mounted antennas are prohibited in all residential districts if over
twenty-four inches in diameter unless completely screened from
horizontal view via a parapet wall or other feature which is
integrated into the architecture of the building.
D. Exempt Antenna: Amateur radio antennas.
(Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
9.60.090 Second residential units.
A. Purpose. This section provides standards and criteria for the
establishment of second units within residential districts, consistent
with California Government Code Section 65852.2. Second units shall
be permitted only in the RVL, RL, RC, RM, RMH, and RH zone
districts.
B. Definitions. See Chapter 9.280.
C. Standards for Second Units. The following standards shall apply to
second units:
1. A second unit shall be consistent with the provisions of the
applicable zoning district in which it occurs.
2. A second unit shall only be permitted on a lot in which the primary
unit and all other structures thereon conform to all minimum
requirements of the applicable zoning district.
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3. The lot shall contain an existing primary unit at the time an
application for a second unit is submitted, or the application for the
second unit may be made in conjunction with the development of
the primary unit.
4. The owner of the lot shall reside on the lot, either in the primary unit
or in the second unit. Prior to issuance of occupancy approval of
the second unit, the property owner shall enter into a restrictive
covenant with the city regarding such owner -occupancy
requirement on a form prepared by the city, which shall be
recorded against the property. Such covenant shall further provide
that the second unit shall not be sold, or title thereto transferred
separate from that of the property. If the owner ceases to reside on
the property, use of the second unit shall be discontinued (a) if it is
an attached second unit, the unit shall be converted into a portion
of the primary unit, or (b) if it is a detached second unit, the unit
shall be removed or converted to a legal use. The director may
grant temporary relief from this owner -occupancy requirement.
5. The maximum gross floor area of second unit shall not exceed
thirty percent of the square footage of the primary unit or one
thousand two hundred square feet whichever is less.
6. The minimum gross floor area of a second unit shall be four
hundred square feet.
7. A second unit shall have no more than two bedrooms.
8. The total gross floor area of all covered structures, including an
attached second unit, shall not exceed the lot coverage area as
prescribed by the applicable zoning district.
9. The second unit shall be architecturally compatible with the primary
unit.
10. No attached second unit shall cause the height of the primary unit
to exceed the height limitation for the applicable zoning district. If
the attached second unit is not located above any portion of the
existing primary unit, the maximum height of such unit shall not
exceed the height of the primary unit.
11.A detached second unit shall not exceed seventeen feet in height
nor more than one story.
12.An attached second unit may have a separate entrance; provided,
however, in no event shall any external stairwell be placed within
the front or side yard setback.
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13.A second unit shall contain separate kitchen and bathroom
facilities, and shall be metered separately from the primary dwelling
for gas, electricity, communications, water, and sewer services.
14.AII attached second units shall be equipped with approved smoke
detectors conforming to the latest Uniform Building Code
standards, mounted on the ceiling or wall at a point centrally
located in an area giving access to rooms used for sleeping
purposes.
15. In addition to the required parking for the primary unit, a minimum
of one additional off-street parking space shall be provided on the
same lot that the second unit is located. One parking space shall
be provided for each studio unit, in accordance with the applicable
parking regulations. No variance or adjustment shall be granted to
allow substandard parking spaces or locations.
16.All construction, structural alterations or additions made to create a
second unit shall comply with current building, electrical, fire,
plumbing and zoning code regulations.
17.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.
18. The applicant shall pay to the city all applicable fees imposed on
such new development.
19. The director may add other conditions, consistent with general law
and applicable state and city standards, as necessary to preserve
the health, safety, welfare and character of the residential
neighborhood; provided, however, that such conditions shall not
unreasonably restrict the ability of an applicant to create a second
unit. (Ord. 445 § 2, 2007: Ord. 299 § 1 (part), 1997; Ord. 284 § 1
(Exh. A) (part), 1996)
9.60.100 Guesthouses.
A. Purpose. This section provides standards and criteria for the
establishment of guesthouses where such units are permitted in
accordance with Section 9.40.040.
B. Definitions. See Chapter 9.280.
C. Limitations. One guesthouse may be established on any single-family
residential lot as a permitted accessory use. In the cove residential,
medium density residential, medium -high density residential and high
density residential zones, only one guesthouse may be permitted on a
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lot, unless otherwise approved through a specific plan. In the very low
density residential and low density residential zones, more than one
guesthouse may be permitted with Director approval.
D. Standards for Guesthouses. Guesthouses shall not be permitted when
duplexes, triplexes, or apartments occur on the lot. All guesthouses
shall conform to the following standards:
1. Detached guesthouses shall conform to all applicable building code
standards and all development and design standards of the zoning
district in which they are located. In addition, the height of the
guesthouse shall not exceed seventeen feet and shall not be more
than one story.
2. Guesthouses shall be architecturally compatible with the main unit.
3. The floor area of the guesthouse shall not exceed thirty percent of
the existing living area of the principal residence.
4. The placement of a guesthouse on a lot shall not result in violation
of the lot coverage maximums set forth in Section 9.50.030.
5. A guesthouse shall be used only by the occupants of the main
residence, their non-paying guests, or domestic employees. The
guesthouse shall not be rented or otherwise occupied separately
from the main residence.
6. A deed restriction shall be required for recordation against the
property to prohibit the use or conversion of the guesthouse to a
rental unit or to a unit for sale
7. If a private sewage disposal system is used, approval of the local
health officer shall be required.
8. When constructed with tract homes or prototypical residential units,
guesthouse location and design shall be reviewed and approved as
a part of the site development permit process. On an individual
single-family lot of record, guesthouses shall be reviewed and
approved for conformance with these provisions during the building
permit plan check process. (Ord. 480 § 1, 2010; Ord. 445 § 3,
2007; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 325 § 1 (Exh. A)
(part), 1998; Ord. 284 § 1 (Exhs. A, B) (part), 1996)
9.60.110 Home occupations.
A. Purpose. The regulations set forth in this section are provided so that
certain incidental and accessory uses may be established in residential
neighborhoods under conditions that will ensure their compatibility with
the neighborhood.
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B. Permit Required. Establishment and operation of a home occupation
shall require approval of a home occupation permit processed by the
director of building and safety in accordance with Section 9.210.060.
Information shall be provided to ensure that the proposed home
occupation complies with the requirements of this section. Additional
information necessary to make the findings required for approval may
be required by the city.
C. Use and Development Standards. In addition to the requirements for
each residential district, the following standards shall apply to the
establishment and operation of home occupations:
1. The establishment and conduct of a home occupation shall be an
incidental and accessory use and shall not change the principal
character or use of the dwelling unit involved.
2. Only residents of the dwelling unit may be engaged in the home
occupation.
3. A home occupation shall be conducted only within the enclosed
living area of the principal dwelling unit or within the garage
provided no garage space required for off-street parking is used.
The home occupation shall not occupy more than twenty-five
percent of the combined floor area of the house and garage.
4. A home occupation shall not be conducted within a detached
accessory structure, although materials may be stored in such a
structure.
5. There shall be no signs, outdoor storage, parked vehicles or other
exterior evidence of the conduct of the home occupation. Neither
the dwelling nor the lot shall be altered in appearance so that it
appears other than a residence, either by color, materials,
construction, lighting, sounds, vibrations or other characteristics.
6. Electrical or mechanical equipment which creates interference in
radio, television or telephone receivers or causes fluctuations in
line voltage outside the dwelling unit shall be prohibited.
7. The home occupation shall not create dust, noise or odors in
excess of that normally associated with residential use.
8. No sales activity shall be conducted from the dwelling except for
mail order sales. The dwelling unit shall not be the point of
customer pickup or delivery of products or services, nor shall a
home occupation create greater vehicular or pedestrian traffic than
normal for the district in which it is located. Exception: Musical
instruction and academic tutoring where not more than two
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students are present at the residence at the same time shall be
permitted.
9. Medical, dental or similar occupations in which patients are seen in
the home are prohibited.
10.All conditions attached to the home occupation permit shall be fully
complied with at all times.
D. Revocation or Suspension of Permit. The director of building and
safety may revoke or suspend any permit for a home occupation if the
director determines that any of the performance and development
standards listed in subsection C of this section have been or are being
violated, that the occupation authorized by the permit is or has been
conducted in violation of any state statute or city law, or that the home
occupation has changed or is different from that authorized when the
permit was issued.
E. Permit Nontransferable. No permit issued for a home occupation shall
be transferred or assigned, nor shall the permit authorize any person
other than that named in the permit, to commence or carry on the
home occupation for which the permit was issued. (Ord. 418 § 1 (Exh.
A), 2005: Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.115 Cottage food operations.
A. Purpose. The city council has adopted the following provisions to
establish minimum development standards and requirements for
cottage food operations, as defined in California Health and Safety
Code Section 113758. Cottage food operations are permitted in all
residential zones, subject to the standards listed in this Section. It is
the city council's intent to provide appropriate land use and zoning
standards for cottage food operations to be established in residential
neighborhoods, under conditions that these uses shall not alter or
disturb the character of the surrounding residential environment
regarding spacing and concentration, traffic control, parking, and noise
control. The standards and requirements set forth in this Section are
therefore established toward ensuring protection of the public health,
safety and general welfare.
B. Definitions. See Section 9.280
1. For the purpose of this Section, a "cottage food operation" means
an enterprise wherein an individual prepares and packages non -
potentially hazardous foods in a primary residential dwelling unit,
which serves as his or her private residence, said foods being for
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the direct and/or indirect sale to consumers, and that does not have
more than one full-time equivalent employee, and generates not
more than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in
gross annual sales in 2014; 3) $50,000 in gross annual sales in
2015 and beyond as identified in California Health and Safety Code
Section 113758.
2. For the purpose of this Section, a primary residential dwelling unit
means a main dwelling or primary residence, as defined in Section
9.280.030.
3. For the purpose of this Section, "not potentially hazardous foods"
are defined as those foods listed in Health and Safety Code
Section 114365.5, and as adopted and posted on the California
Department of Public Health's Internet website.
4. All other definitions related to cottage food operations as set forth in
California Health and Safety Code Section 113758 are hereby
incorporated by reference, as currently enacted and as may
hereafter be amended.
C. Permit Required and Compliance with Permit.
1. Cottage food operations shall be permitted in any residential zoning
district, subject to conformance with the standards of this Section..
The operator of the cottage food operation shall be the individual
who conducts the cottage food operation from his or her private
residential dwelling unit and is the owner of the cottage food
operation. A cottage food operation shall be permitted if the cottage
food operation complies with the requirements set forth in this
Chapter, and the underlying zoning district, and all other Municipal
Code provisions regarding spacing and concentration, traffic
control, parking, and noise control.
2. Failure to comply with the applicable requirements and standards
may result in termination action by the City.
3. The individual who conducts the cottage food operation from his or
her private residential dwelling unit must be the owner of the
cottage food operation.
a. If operator is not the owner of the property on or in which the
cottage food operation will be conducted, the property/dwelling
owner's written authorization must be provided.
b. If the property on or in which the cottage food operation will be
conducted is part of an active homeowners association, the
operator shall provide written authorization by the homeowner
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association to conduct the cottage food operation from the
property.
D. Development Standards. These standards consist of the following:
1. The cottage food operation shall be registered or permitted as a
"Class A" or "Class B" operation by the Riverside County
Department of Environmental Health, in accordance with Riverside
County Ordinance 916 and Section 114365 of the California Health
and Safety Code. Evidence of said registration or permit issuance
by the County shall be provided to the City prior to issuance of a
City of La Quinta business license.
2. All cottage food operations shall require a City of La Quinta
business license to be procured.
3. The cottage food operation shall be clearly incidental to the use of
the structure as a dwelling unit, and shall not create dust, noise or
odors in excess of that normally associated with residential use.
4. The cottage food operation shall not generate pedestrian or
vehicular traffic in excess of that normally associated with
residential use.
5. No direct sales or service from the residence or property on which
the residence is located in permitted. The cottage food operation
shall not be the point of customer pickup or delivery of products or
services, nor shall a cottage food operation create greater vehicular
or pedestrian traffic than normal for the district in which it is located.
6. Where a cottage food operation is permitted in a legal non-
conforming residence, the cottage food operation shall not cause
any such non -conforming situation(s) to be increased.
7. The cottage food operation shall be conducted solely within a
primary residence.
8. No sign(s) identifying the cottage food operation shall be permitted
to be posted or displayed on the premises, nor on or within
anything located on the premises, except as may be required by
any federal, state, and/or local permitting agency. Neither the
dwelling nor the property shall be altered to appear other than a
residence, either by color, materials, construction, lighting, sounds,
vibrations or other characteristics.
9. No more than one (1) cottage food employee, as defined by
California Health and Safety Code Section 113758(b)(1), shall be
employed by the cottage food operation, not including any residing
family or household member.
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10. A business license issued under this Section may be revoked for
any violation of this Section or of Section 114365 et seq. of the
California Health and Safety Code. The city may, for inspection
purposes, access the area of a private home where a cottage food
operation is located if the city has, on the basis of any complaint(s),
reason to suspect that the cottage food operation has violated the
provisions of this Section and/or California Health and Safety Code
Section 114365 et seq. Furthermore, the City may also conduct
routine periodic inspections to ensure compliance with the
provisions and conditions of the cottage food operation's City
business license.
9.60.120 Pets and other animals.
In addition to the required setbacks for structures set forth in this code for the
applicable zoning district, all pens, cages (except dog runs), and other structures
specifically for keeping animals overnight, other than in the residence, shall be
located at least five feet from any adjoining existing residential structure, or, if no
residential structure exists, at least fifty feet from such areas where a residential
structure may be legally located. Such areas may be defined by any combination
of zoning setback requirements, easements or recorded CC&Rs.
Notwithstanding the provisions of this section, the keeping of horses shall be
regulated by Section 9.140.060 (Equestrian overlay regulations). (Ord. 284 § 1
(Exh. A) (part), 1996)
9.60.130 Recreational vehicle parking.
A. Intent. It is the intent of this section to provide for the orderly storage of
recreational vehicles. It is intended to supplement any applicable state
and/or local regulations which may be applicable.
B. Purpose. Recreation vehicles may be parked or stored on residentially
zoned property only in accordance with the provisions set forth in this
section. Recreational vehicles parked within a validly established
recreation vehicle storage facility are exempt from the requirements of
this section.
C. Definition. See Chapter 9.280. Passenger vans which have been
converted for use as a recreational vehicle and do not exceed nine feet
in height are exempt from this section. This section shall not apply to
commercial or construction vehicles which are regulated by Sections
12.32.110-12.32.130.
D. Storage of RVs.
1. Street Parking. No RV shall be parked, or stored, for more than
seventy-two consecutive hours or for a combined total exceeding
seventy-two hours during any seven-day period, at any public
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street location or combination of public street locations within the
city.
2. Storage on Residential Property. No person shall store, park, or
maintain any RV or parts thereof in any required front yard area of
any property zoned RVL, RL, or RM. The recreational vehicle or
parts thereof may be stored or parked in a side or rear yard
provided that a lawfully installed and permanently maintained solid
wall or fence six feet in height screens such RV, or parts thereof
from abutting property and from the public right-of-way. The area in
which the RV is parked or stored, must be paved with concrete,
asphalt, gravel, or similar materials, and must extend to the width
and length of the RV. Areas containing grass or native soil are not
approved for the parking or storage of RVs.
RVs may be parked or stored in the front, side, or rear yards of
residential properties located in the RC zone; provided, that the
area in which the RV is parked or stored is paved with concrete,
asphalt, gravel, or similar materials, and must extend to the width
and length of the RV. A property owner who owns a vacant lot
immediately adjacent to their permanent place of residence, may
park only their RV on said lot with appropriate pad. Areas
containing grass or native soil are not approved for the parking or
storage of RVs. RVs parked in the driveway or immediately
adjacent to and parallel to the driveway, may encroach into the
right-of-way, provided that no part of the RV extends over any
sidewalk, curb, or travelway.
E. Storage on Commercial Property. The storage of RVs is prohibited on
commercially zoned property unless it is in a validly established RV
storage, sales, or repair facility.
F. Habitation. Habitation of any RV legally parked or stored, is not to
exceed seventy-two hours or for a combined total exceeding seventy-
two hours during any seven-day period, at any location or combination
of locations within the city.
G. Utilities. Legally parked or stored RVs may be connected to an
approved source of electricity in conformance with the National Electric
Code. Except for in a legally established RV park, water and sewer
connections cannot be made to any RV unless it is for temporary
maintenance purposes. No generator may be used in any RV parked
or stored in the city unless it is for temporary servicing or during a
lapse of commercial electrical power in the area in which the RV is
located.
H. RV Maintenance. It is unlawful and a public nuisance to park, store, or
leave standing in public view, upon any public or private property, any
RV that is wrecked, dismantled, unregistered, inoperative or otherwise
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unsightly. Any RV shall be deemed unsightly when body parts rust or
become corroded, paint becomes faded, chipped, or peeled, or the RV
exterior becomes otherwise dilapidated.
Enforcement.
1. Any violation of this section which occurs in the public right-of-way
is declared a public nuisance and is subject to citation and/or
removal at the owner's expense.
2. Any violation of this section which occurs on private property is
declared a public nuisance and is subject to citation and/or formal
abatement procedures as contained in Chapter 11.72 of the La
Quinta Charter and Municipal Code. (Ord. 325 § 1 (Exh. A) (part),
1998; Ord. 301 § 2, 1997)
9.60.140 Screening.
A. Parking Area Screening. Screening of common parking areas shall be
provided for all residential projects in accordance with the
requirements for nonresidential uses in Section 9.100.050.
B. Equipment Screening.
1. Roof -Mounted Equipment. Roof -mounted utility and mechanical
equipment, including but not limited to air conditioning, heating,
restaurant exhaust fans, electrical elevator structures, roof
accesses, etc., may be permitted only as follows:
a. For flat roofs, a screened enclosure behind the parapet wall
may be used if it is made to appear as an integral part of the
building. Screening shall be an integral part of the roof design
and not appear as an afterthought.
b. Such screening shall be provided so that the highest point of the
equipment is below the surrounding architectural feature and is
screened from view to a minimum horizontal sight distance of
one thousand three hundred twenty feet as viewed from a point
five feet above finish grade, whichever provides the most
screening.
c. Roof -mounted equipment shall be screened from view of
surrounding two-story (or more) residential development and,
where feasible as determined by the city, from two-story
commercial and other types of development.
d. No equipment shall be placed on any sloped roof.
2. Ground -Mounted Equipment. Ground -mounted utility, mechanical,
and pool, spa, or water feature equipment shall be screened from
ground view of surrounding properties. Such screening may consist
of perimeter walls or fencing (if permitted), screen walls, or
landscape planting. Equipment within unenclosed exterior side
yards shall be screened by an opaque wall.
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3. Solar Equipment. Solar heating equipment, whether roof- or
ground -mounted shall be installed so that the underside of the
equipment is not visible from surrounding properties.
4. Access Ladders. Wall -mounted exterior roof access ladders are
prohibited unless screened from view by surrounding features.
C. Facility Screening. Within multifamily and condominium projects,
storage, trash and loading areas shall be screened as follows:
1. Storage Areas. All storage, including cartons, containers, materials
or equipment shall be screened from public view as required by
Section 9.100.110 (Outdoor storage and display).
2. Trash Areas. All outdoor trash and waste bins shall be enclosed by
a solid wall not less than six feet in height in accordance with
Section 9.60.220. Decorative overhead structures such as trellises
shall be integrated into the enclosure design if it is visible from
higher terrain.
3. Loading Areas. Loading platforms and areas shall be screened
from view from adjacent streets and residential, open space and
recreation areas. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1
(Exh. A) (part), 1996)
9.60.150 Tennis and other game courts.
A. Permits Required. Construction of tennis and other game courts,
including fencing, may be permitted as indicated in Section 9.40.040.
Enclosed game courts shall comply with Section 9.60.050, Storage
and other accessory buildings. All lighted game courts, where
permitted, shall require approval of a minor use permit by the Director
or conditional use permit by the planning commission processed in
accordance with Section 9.210.020.
B. Development Standards. Game courts shall meet the following
minimum development standards:
1. Fences. A maximum twelve -foot -high fence (measured from the
finished grade of the court) shall be allowed. Fences may include a
dark, nonreflective screening material. If the fencing is chain link, it
shall be vinyl -coated or painted in a dark color such as dark green
or black.
2. Setbacks. Minimum setbacks from property lines for game courts
shall be:
a. Front yard: twenty feet.
b. Side yard: ten feet.
c. Rear yard: ten feet.
The preceding minimum setbacks shall be increased by three feet
for every foot of abutting court fence height over eight feet. In
addition, if the setback from any side or rear property line is less
than thirty feet, the finish grade of the court shall be a minimum of
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four feet lower than the finish grade at the applicable side or rear
property line.
3. Lighting. Game court lighting shall conform to the requirements of
Section 9.60.160 (Outdoor lighting). In addition, a maximum of
eight lights (i.e., eight individual light sources) shall be permitted
and mounting standard height shall not exceed eighteen feet
measured from the court surface. Courts shall not be lighted after
ten p.m.
4. Glare. The surface area of any game court shall be designed,
painted, colored and/or textured to reduce the reflection from any
light source.
5. Landscaping. Landscaping shall be installed and maintained
between the court fence and property line. A landscape plan shall
be submitted with the building permit application, reviewed and
approved by the Director, and implemented at the same time as
court construction. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A)
(part), 1996)
9.60.160 Outdoor lighting.
All residential land uses shall conform to the standards of Section 9.100.150.
9.60.170 Special outdoor events.
A. Outdoor Events. Within residential districts, special outdoor events
shall include, but are not limited to pageants, fairs, carnivals and large
athletic events, religious or entertainment events, block parties, and
large neighborhood or community gatherings in temporary outdoor
facilities.
B. Standards. Special outdoor events are permitted in residential districts
as indicated in Table 9-1 provided the following requirements are met:
1. Approval of a minor use permit shall be required for events to be
attended by more than fifty people, including participants and
spectators.
2. 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 public works
director.
3. The event may be permitted for a period not to exceed ten
consecutive days. Events conducted by a single permittee or group
which occur more than twice in a calendar year are not considered
temporary and shall not be eligible for a minor use permit.
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4. A cash bond or other guarantee for removal of the temporary use
and cleanup and restoration of the activity site within seven days of
the activity conclusion may be required.
5. Applications for permits or certificates required by subsections A
and B of this section shall be referred by the to other affected
departments, cities or public agencies as may be appropriate for
review and comment.
6. Signs for the event shall be allowed as follows:
a. Maximum of one temporary banner per street frontage, not to
exceed thirty-two square feet.
b. Maximum one temporary portable sign on- or off -site on private
property, not to exceed fifty-five square feet.
c. Maximum thirty off -site temporary directional signs, nine 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 bunting signs, with maximum size to be
approved by the Director.
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.
7. Related issues, including but not limited to police and security, food
and water supply, 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 director, 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, health and tent permits. (Ord. 299 § 1 (part), 1997; Ord.
293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.180 Manufactured housing and mobile homes.
A. Purpose. This section is intended to provide standards and criteria for
the placement, design, and construction of manufactured, modular and
mobile homes in residential districts consistent with Section 65852.3 et
seq. of the State Government Code.
B. Definition. See Chapter 9.280. For purposes of simplicity, the term
manufactured home is used in this section.
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C. Mobile home Parks. In accordance with Section 65852.7 of the State
Government Code, mobile home parks are permitted in all residential
districts if a conditional use permit is approved. Development
standards for such parks shall be as follows: minimum thirty percent
common open area and minimum perimeter setbacks of twenty feet at
any point and twenty-five feet average over the entire perimeter.
D. Individual Manufactured Homes. In accordance with Section 65852.3
et seq. of the State Government Code, individual mobile homes may
be permitted as permanent or temporary dwellings on single-family lots
within the RVL, RL, RC, RM, and RMH districts.
E. Minor Use Permit Required. Approval of a minor use permit by the
planning commission shall be required prior to the placement of a
manufactured home on a single-family lot subject to the provisions of
Section 9.210.020. The permit shall not be approved unless the
Director finds that the dwelling meets the same development
standards as provided for single-family homes for each district as set
forth in Chapter 9.50 and elsewhere in this code in addition to the
standard findings for approval of a site development permit per Section
9.210.010. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part),
1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.190 Child daycare facilities.
A. Purpose. The purpose of this section is to provide standards for the
establishment and operation of child daycare facilities within residential
districts consistent with Chapters 3.4 and 3.6 of Division 2 of the State
Health and Safety Code.
B.
C. Large Child -Care Facilities. Child-care facilities serving seven to
fourteen children are permitted in all residential districts except the RH
district if a minor use permit is approved. Such facilities shall conform
to the preceding requirements for small child-care facilities plus the
following:
1. A minor use permit approved by the Director shall be required to
establish a large child-care facility in accordance with Section
9.210.020. In addition, all facilities shall comply with this section
and with any additional requirements imposed as part of the use
permit or of any other applicable permit.
2. No large child-care facility shall be approved on a parcel which is
within five hundred feet of another parcel which either already
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contains such a facility or which has a valid permit for such a
facility.
3. All outdoor play areas shall be fully enclosed by a minimum five-
foot high fence which conforms to the standards of Section
9.60.030 (Fences and walls). No such play area shall be provided
where fences are less than five feet in height.
4. Outdoor activities shall be limited to between the hours of nine a.m.
and seven p.m. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1
(part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.200 Temporary Construction and guard offices.
The temporary placement of a trailer, recreational vehicle or other relocatable
building, or the temporary use of a permanent structure on an active construction
or grading site to serve as a construction and/or guard office, and the
establishment of a materials and equipment storage yard, may be permitted with
a grading or building permit subject to the following requirements:
A. The office shall not be moved onto the site or otherwise established
until issuance of a precise grading permit or, if there is no grading
permit, until issuance of a building permit.
B. Any temporary use and/or structure shall be removed from the site
prior to the issuance of certificates of occupancy for the last new
building on the site.
C. Any permanent structure or portion thereof devoted to a temporary use
shall be converted to a permanent permitted use prior to the issuance
of a certificate of occupancy for the last new building on the site.
D. The use of a recreational vehicle as a construction or guard office shall
require approval of a minor use permit by the director in accordance
with Section 9.210.020. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.210 Trash and recyclable materials storage.
All condominium and multifamily projects shall comply with the trash and
recyclable materials storage requirements of Section 9.100.200. (Ord. 284 § 1
(Exh. A) (part), 1996)
9.60.220 Noise control.
Residential land uses shall comply with the noise control standards set forth in
Section 9.100.210. (Ord. 284 § 1 (Exh. A) (part), 1996)
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9.60.230 Landscaping and open area.
A. General Requirement. All multifamily, single-family attached and
specific plan projects shall include both perimeter landscaping and
common open area in accordance with the standards of this section.
Perimeter landscaping shall not count toward common open area
requirements or vice versa.
B. Perimeter Landscaping. Perimeter landscape setbacks shall be
installed to the depth specified in Section 9.50.030 (Table of
development standards). Rights -of -way, parking areas, private patios
and private yards shall not count toward the perimeter landscaping
requirement.
C. Common Open Area. Common open area shall meet the percent of
net project area standards specified in Section 9.50.030 (Table of
development standards). Common open area shall consist of passive
landscaped and active recreation area. Rights -of -way, parking areas,
private patios, private yards and slopes steeper than twenty percent
shall not count toward the common open area requirement.
D. Active Recreation Area. At least thirty percent of the required common
open area shall be suitable for active recreational uses such as:
swimming pool, spa and related facilities; clubhouse; tot lot with play
equipment; court game facilities such as tennis, basketball or
racquetball; improved softball or other playfields; or similar facilities for
active recreational use. Active recreation area shall not include any
common area which is less than fifteen feet wide or less than three
hundred square feet in area or which has an average slope gradient
greater than five percent.
E. Landscaping Standards. A landscape plan shall be prepared and
implemented for all affected projects. Perimeter and common open
area landscaping shall be installed and maintained in accordance with
the following standards:
1. At intersections or corners of the following public or private streets,
alleys, or driveways, the height of shrubs, planting, and other visual
obstructions (such as boulders, etc.) shall be limited to a maximum
height of thirty inches within the following triangular areas
described in subsections a and b below:
a. At a corner, the area formed on two sides by the straight
portions of the intersection of the back of street curb or edge of
pavement. The third side of the triangle is formed by drawing a
line that is tangent to the intersection of the two closest property
lines and creates a triangle of approximately equal length sides
with the curbs or edge of pavement.
b. Between two points located on and five feet distant from the
point of intersection of an ultimate street or alley right-of-way on
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one hand and the edge of a driveway or another alley right-of-
way on the other if parkway width is less than twelve feet wide.
c. For purposes of this code, point of intersection shall mean the
intersection of the prolongation of the street curbs or edge of
pavement, excluding any curved portion joining the two lines.
d. Trees may be planted within this triangular area provided the
bottom of the canopy (leafy branches) of the tree is at least four
feet above finish grade of the street adjacent to the tree.
However, trees shall not be planted in such numbers that their
trunks create a visibility obstruction for vehicles or pedestrians.
2. All landscaped areas shall be separated from adjacent parking or
vehicular areas by a curb or other barrier at least six inches higher
than the parking or vehicular area to prevent vehicular damage to
the landscaped area.
3. All landscaping shall be maintained in a neat, clean and healthy
condition, including proper pruning, mowing of lawns, weeding,
removal of litter, fertilizing, replacement of plants when necessary
and regular watering. Permanent automatic irrigation facilities shall
be provided for all landscaped areas.
F. Perimeter setback and parkway areas shall have undulating terrain.
Seventy-five percent of the longitudinal length adjacent to the street
shall have above curb -level berms and mounds exceeding two feet,
but not more than three feet. The berms and mounds shall be
undulated and fluctuating in position to accommodate the meandering
sidewalk and shall cover not less than sixty-five percent of the
landscape setback area. No retention of storm waters is allowed within
the setback area other than incidental storm water that falls on the
setback. The maximum slope steepness shall not exceed four to one
anywhere in the landscape setback area, and shall not exceed eight to
one in the first six feet adjacent to the curb in the right-of-way. (Ord.
361 § 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord.
284 § 1 (Exh. A) (part), 1996)
9.60.240 Model home complexes.
A. Model Home Complex and Sales Offices. Temporary model home
complexes, real estate sales offices and related signage may be
established if a minor use permit is approved in accordance with
Section 9.210.020 and the following requirements are satisfied:
1. The complex is used solely for the original sale of new homes or
the first rental of apartments in projects of twenty or more units.
2. The complex is located within the area of the project for which it is
established. The temporary sales office shall not be located within
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one hundred feet of an existing dwelling unit which is not a part of
the new project.
3. Notwithstanding other provisions of this code, the parcel of land on
which a temporary real estate office is established is not required to
be a building site provided the parcel is precisely described.
4. The following structures and facilities are permitted in conjunction
with the establishment of a temporary real estate office in
conformance with an approved minor use permit:
a. Model homes in compliance with the zoning regulations
applicable to the properties that are being sold;
b. Garages, attached and detached, in compliance with the zoning
regulations applicable to the properties that are being sold;
c. Temporary sales office buildings or relocatable buildings;
d. Accessory buildings and structures in compliance with the
zoning regulations applicable to the properties that are being
sold;
e. Recreational facilities that will become a permanent portion of
the project in compliance with the zoning regulations applicable
to the properties that are being sold;
f. Permanent streets and driveways that will be part of the project
after the closure of the real estate office use;
g. Temporary children's playgrounds;
h. Temporary and permanent fencing, walks and structural
amenities;
i. Temporary vehicle parking and maneuvering areas to provide
off-street parking as necessary for employees and guests;
j. Temporary vehicular access ways;
k. Temporary landscaping.
B. Signs. Signs in connection with a temporary model home complex
shall be permitted within a project subject to the following
requirements:
1. Project identification signs are permitted at each street entrance
and shall conform to the provisions of Section 9.160.070 (Permitted
semi -permanent signs):
2. The sign copy shall be limited to matters relating to the project
within which the signs are located.
3. Time limits for display of signs shall be concurrent with that of the
permitted model home complex.
C. Flags. Flags in connection with a temporary model home complex may
be permitted within a residential project subject to the following
requirements:
1. Number. A maximum of eight flags shall be permitted. There shall
be no more than one flag per pole. United States, state, and other
similar flags shall count in the maximum of eight flags.
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2. Height. Flag poles shall be a maximum of twenty feet in height on
the perimeter of the project and sixteen feet in height in the interior.
Pole heights shall be measured from finish grade at the nearest
project perimeter.
3. Pole Diameter. Pole diameter shall be determined by the lateral
load and size of the flag. The director shall provide applicants with
diameter standards.
4. Size. Flags shall be a maximum of eighteen square feet in area on
the perimeter of the project and twelve square feet in the interior.
5. Flag Copy. Commercial or advertising flag copy is prohibited.
6. Color. Flags may vary in color or have multiple colors but
fluorescent colors are prohibited.
7. Time Periods. Time limits for display of flags shall be concurrent
with that of the permitted model home complex.
D. Prohibited Advertising Devices. The following advertising devices or
activities are expressly prohibited within or outside the project:
banners, balloons, portable trailer signs, or human indicators.
E. Requirements for Approval. Any approving action shall include those
conditions and requirements deemed by the decision -making authority
to be necessary or advisable to protect the public safety and the
general welfare, together with a one thousand dollars cash deposit that
the structures and facilities will be removed or made consistent with
applicable zoning regulations within ninety days after the expiration of
the permit or discontinuation of the use the permit is approved for.
F. Time Limitations. A minor use permit may be approved for a maximum
time period of two years from the date of approval. A time extension of
up to one year may be approved by the Director if the director finds
that all requirements of this section and all other city requirements and
conditions have been met. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord.
325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1
(Exh. A) (part), 1996)
9.60.250 Condominium conversions.
A. Purpose. The purpose of this section is to:
1. Provide standards and criteria for regulating the conversion of
rental housing to residential condominium, community apartment or
stock cooperative types of ownership and for determining when
such conversions are appropriate;
2. Mitigate any hardship to tenants caused by their displacement; and
3. Provide for the public health, safety and general welfare.
B. Applicability. The provisions of this section shall apply to all
conversions of rental housing into condominiums, community
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apartments or stock cooperatives notwithstanding any other provision
of this zoning code.
C. Use Permit and Subdivision Required. All conversion projects subject
to this section shall require approval of a conditional use permit in
accordance with Section 9.210.020 and approval of tentative and final
subdivision maps.
D. Zoning and Subdivision Standards. Conversion projects shall conform
to: (1) the applicable standards and requirements of the zoning district
in which the project is located at the time of approval; and (2) the
applicable provisions of the subdivision code.
E. Tenant Notification. Applicants for conversion projects shall be
responsible for notifying existing and prospective rental tenants as
follows:
1. Existing Tenants. At least sixty days prior to the filing of an
application for conversion of rental or lease property, the applicant
or the applicants agent shall give notice of such filing in the form
set forth in Section 66452.9 of the State Subdivision Map Act to
each tenant of the subject property. Further, if the conversion
project is approved, the applicant shall give all tenants a minimum
of one hundred eighty days advance notice of the termination of
their tenancy.
2. Prospective Tenants. At least sixty days prior to the filing of an
application for conversion of rental or lease property, the applicant
or the applicants agent shall give notice of such filing in the form
set forth in Section 66452.8 of the Subdivision Map Act to each
person applying after such date for rental or lease of a unit of the
subject property. Pursuant to the Subdivision Map Act, failure of an
applicant to provide such notice shall not be grounds to deny the
conversion but shall make the applicant subject to the penalties
specified in Section 66452.8 of the Subdivision Map Act.
3. Evidence of Tenant Notification. Each application for conversion
shall include evidence to the satisfaction of the Director that the
notification requirements specified in subsections (E)(1) and (2) of
this section have been or will be satisfied.
F. Tenant Purchase Option. The property owner shall provide tenants
with a ninety -day preemptive right to purchase a unit or a right of
exclusive occupancy upon more favorable terms and conditions than
those on which such unit or share will be initially offered to the general
public. Such right shall be irrevocable for a period of ninety days after
the commencement of sales and notification of the tenant of such right.
G. Application Requirements. Each application for a conversion project
shall be accompanied by the following in addition to the standard filing
requirements for conditional use permit and subdivision applications:
1. Engineering Report. An engineering report on the general condition
of all structural, electrical, plumbing and mechanical elements of
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the existing development, including noise insulation, and the
estimated cost of repair or improvements, if any. The report shall
be completed to the satisfaction of the director, signed and dated
by the director, and made available to prospective buyers if the
conversion is completed.
2. List of Tenants. A complete mailing list of all tenants occupying the
subject property and two corresponding sets of stamped addressed
envelopes. Within ten days after the filing of the application, the
director shall notify each tenant of the application, forward a copy of
the engineering report required by subsection (G)(1) of this section,
and list the procedures to be followed. The director shall mail a
notice of public hearing at least ten days before the hearing to each
tenant on the mailing list.
3. Housing Program. Each application for a conversion project shall
be accompanied by a housing program. The program shall include
but not be limited to the following:
a. The means by which the provision of affordable rental housing
will be achieved (e.g., by maintaining affordable rental
condominium units within the converted project or by providing
affordable rental units elsewhere in La Quinta);
b. A housing report addressing the balance of housing in the
immediate area, including vacancy rates and other available
housing of similar type and rent, the current rents and estimated
monthly payments and fees of the units to be converted, and all
improvements and renovations contemplated;
c. A survey of existing tenants as to their length of occupancy and
the number of those who express the intention of purchasing
one of the units; and
d. A relocation plan which identifies the steps which will be taken
to ensure the successful relocation of each tenant if the
conversion is completed. The relocation plan shall also state
what specific relocation assistance existing tenants will be
given, such as costs relating to physically moving tenants and
their possessions, first month's rent in the tenant's new unit,
security and cleaning deposits, and phone connection and utility
deposits. Particular consideration shall be given to the needs of
elderly and disabled individuals, families with children, and other
tenants who may encounter difficulty in finding a new residence.
H. Affordable Units in Condominium Conversions. The provision of
affordable dwelling units in connection with the conversion of
apartments to condominiums shall be governed by the provisions of
this section and of Section 9.60.270. (Ord. 284 § 1 (Exh. A) (part),
1996)
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9.60.260 Density bonuses for affordable housing.
A. Purpose and Application. The purpose of this section is to (1) establish
procedures for implementing state density bonus requirements, as set
forth in California Government Code Section 65915, as amended, (2)
increase the production of affordable housing, consistent with the city's
goals, objectives, and policies and (3) implement the provisions of the
city's general plan housing element policies and programs relating to
the provision of affordable housing. When an applicant seeks a density
bonus for a housing development, or for the donation of land for
housing, within the city's jurisdiction, the city shall provide the applicant
incentives or concessions for the production of housing units and child
daycare facilities as prescribed in this Section 9.60.270.
B. Definitions. See Chapter 9.280. Also, the following definitions shall
apply to this section:
1. "Applicant" means a developer or applicant for a density bonus
pursuant to Government Code Section 65915, subdivision (b), of
the California Government Code and subsection C of this section.
2. "Housing development," means one or more groups of projects for
residential units in the planned development of the city. "Housing
development" also includes a subdivision or common interest
development, as defined in Section 1351 of the California Civil
Code, approved by the city and consisting of residential units or
unimproved residential lots and either a project to substantially
rehabilitate and convert an existing commercial building to
residential use or the substantial rehabilitation of an existing
multifamily dwelling, as defined in subdivision (d) of Government
Code Section 65863.4, where the result of the rehabilitation would
be a net increase in available residential units.
3. "Qualified mobile home park" means a mobile home park that
limits residency based on age requirements for housing for older
persons pursuant to Section 798.76 or 799.5 of the California Civil
Code.
4. "Senior citizen housing development" means senior citizen housing
as defined in Sections 51.3 and 51.12 of the California Civil Code.
5. "Specific adverse impact" means any adverse impact as defined in
paragraph (2), subdivision (d), of Government Code Section
65589.5, upon public health and safety or the physical
environment, or on any real property that is listed in the California
Register of Historical Resources, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the housing development unaffordable to
low- and moderate -income households.
C. Qualifications for Density Bonus and Incentives and Concessions.
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1. The city shall grant one density bonus as specified in subsection G
of this section, and incentives or concessions as described in
subsection E, when an applicant seeks and agrees to construct a
housing development, excluding any units permitted by the density
bonus awarded pursuant to this section, that will contain at least
any one of the following:
a. Ten percent of the total units of the housing development as
affordable housing units affordable to lower income households;
or
b. Five percent of the total units of the housing development as
affordable housing units affordable to very low income
households; or
c. A senior citizen housing development; or
d. A qualified mobile home park; or
e. Ten percent of the total units of a common interest development
as affordable housing units affordable to moderate income
households, provided that all units in the development are
offered to the public for purchase subject to the restrictions
specified in this section.
2. As used in subsection (C)(1) of this section, the term "total units"
does not include units permitted by a density bonus awarded
pursuant to this section or any other local law granting a greater
density bonus.
3. Election of Density Bonus Category. Each applicant who requests a
density bonus pursuant to this section shall elect whether the
bonus shall be awarded on the basis of subsection a, b, c, d or e of
subsection (C)(1). Each housing development is entitled to only
one density bonus, which may be selected based on the
percentage of either very low affordable housing units, lower
income affordable housing units or moderate income affordable
housing units, or the development's status as a senior citizen
housing development or qualified mobile home park. Density
bonuses from more than one category may not be combined.
4. Previous Density Bonuses. The density bonus provisions shall not
apply to any parcel or project area which has previously been
granted increased density through a general plan amendment,
zone change or other permit to facilitate affordable housing.
D. Continued Affordability.
1. Prior to the issuance of building permits for any dwelling unit, an
applicant shall enter into a written agreement with the city to ensure
and guarantee the continued affordability of all low -and very low
income units that qualified the applicant for the award of the density
bonus for a period of thirty years or a longer period of time if
required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program.
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Rents for affordable housing units for lower income households
shall be set at an affordable rent. Owner -occupied affordable
housing units shall be available at an affordable housing cost.
a. The terms and conditions of the agreement shall run with the
land, shall be binding upon all successors in interest of the
applicant, and shall be recorded in the office of the Riverside
County Recorder.
b. The agreement shall also include the following provisions:
i. The applicant shall grant the city the continuing right of
refusal to purchase or lease any or all of the designated
units at fair market value;
ii. The deeds to the designated units shall contain a covenant
stating that the applicant or the applicant's successor in
interest shall not sell, rent, lease, sublet, assign, or
otherwise transfer (whether voluntarily, involuntarily or by
operation of law) any interest in such unit without written
approval of the city, confirming that the sales price or
lease/rent amount of the unit is consistent with the limits
established for low- and very -low income households as
adjusted by the Consumer Price Index; and
iii. The city shall also have the authority to enter into other
agreements with the applicant or purchases or lessees of
the dwelling units as may be necessary to assume that the
designated dwelling units are continuously occupied by
eligible households.
2. Prior to the issuance of building permits for any dwelling unit, an
applicant shall agree to, and the city shall ensure, that the initial
occupant of moderate -income units that are related to the receipt of
the density bonus in a common interest development, are persons
and families of moderate income and that the units are offered at
an affordable housing cost. With respect to moderate -income units
in a common interest development, the city shall require the
applicant to enter and shall enforce an equity -sharing agreement,
unless it is in conflict with the requirements of another public
funding source or law. The following shall apply to the equity -
sharing agreement:
a. Upon resale, the seller of the moderate -income unit in a
common interest development unit shall retain the value of any
improvements, the down payment, and the seller's
proportionate share of appreciation. The city shall recapture any
initial subsidy and its proportionate share of appreciation, which
shall then be used within five years for any of the purposes that
promote homeownership as described in subdivision (e) of
Section 33334.2 of the California Health and Safety Code.
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b. For purposes of this subsection (D)(2), the city's initial subsidy
shall be equal to the fair market value of the moderate -income
unit in a common interest development at the time of initial sale
minus the initial sale price to the moderate -income household,
plus the amount of any down payment assistance or mortgage
assistance. If upon resale the market value is lower than the
initial market value, then the value at the time of the resale shall
be used as the initial market value.
c. For purposes of this subsection (D)(2), the city's proportionate
share of appreciation shall be equal to the ratio of the initial
subsidy to the fair market value of the moderate -income unit in
a common interest development at the time of initial sale.
d. The applicant shall grant the city a right of first refusal to
purchase any or all of the designated units at fair market value,
which right of first refusal shall apply to subsequent sellers.
E. Incentives and Concessions.
1. An applicant for a density bonus may also submit to the city a
proposal for specific incentives or concessions in exchange for the
provision of affordable housing units in accordance with this
section. The applicant may also request a meeting with the city to
discuss such proposal. The city shall grant the concession or
incentive requested by the applicant unless the city makes a written
finding, based upon substantial evidence, of either of the following:
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to
be set as specified in subsection D of this section (i.e., the
applicant is unable to demonstrate that the waiver or
modification is necessary to make the housing units
economically feasible); or
b. The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the Health and Safety Code, upon public health and
safety or the physical environment or on any real property that
is listed in the California Register of Historical Resources and
for which there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate -income
households.
c. The concession or incentive would be contrary to state or
federal law.
2. If the conditions of subsection C and subsection 1 of this
subsection E are met by an applicant, the city may grant an
applicant applying for incentives or concessions the following
number of incentives or concessions:
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a. One incentive or concession for housing developments that
include: At least ten percent of the total units affordable to lower
income households; or at least five percent of the total units
affordable to very low income households; or at least ten
percent of the total units affordable to persons and families of
moderate income in a common interest development.
b. Two incentives or concessions for housing developments that
include: At least twenty percent of the total units affordable to
lower income households; or at least ten percent of the total
units affordable to very low income households; or at least
twenty percent of the total units affordable to persons and
families of moderate income in a common interest development.
c. Three incentives or concessions for housing developments that
include: At least thirty percent of the total units for lower income
households; or at least fifteen percent for very low income
households; or at least thirty percent for persons and families of
moderate income in a common interest development.
3. For the purposes of this section, available concessions or
incentives may include any of the following:
a. A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements
that exceed the minimum building standards approved by the
California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the
California Health and Safety Code, including, but not limited to,
a reduction in setback and square footage requirements and in
the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable, financially sufficient, and
actual cost reductions.
b. Approval of mixed use zoning in conjunction with the housing
development if commercial, office, industrial, or other land uses
will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned
development in the area where the proposed housing
development will be located.
c. Other regulatory incentives or concessions proposed by the
applicant or the city that result in identifiable, financially
sufficient, and actual cost reductions.
d. For purposes of this section, the parking ratios set forth in
Government Code Section 65915 (and subsection K of this
section) for qualified affordable housing projects shall be
deemed a concession or incentive available to the applicant.
4. This subsection does not limit or require the provision of direct
financial incentives for the housing development, including the
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provision of publicly -owned land, by the city or the waiver of fees or
dedication requirements. Nor does any provision of this subsection
require the city to grant an incentive or concession found to have a
specific adverse impact.
5. The granting of a concession or incentive shall not be interpreted,
in and of itself, to require a general plan amendment, zoning
change, or other discretionary approval.
6. The application and review process for a proposal of incentives and
concessions is set forth in subsection L of this section.
F. Waiver/Modification of Development Standards.
1. Applicants may, by application, seek a waiver, modification or
reduction of development standards that will otherwise preclude or
inhibit the use of density bonus units in a housing development at
the densities or with the concessions or incentives permitted by this
section. The applicant may also request a meeting with the city to
discuss such request for waiver/modification. In order to obtain a
waiver/modification of development standards, the applicant shall
show that (a) the waiver or modification is necessary to make the
housing units economically feasible, and (b) that the development
standards will have the effect of precluding the construction of a
housing development meeting the criteria of subsection (C)(1), at
the densities or with the concessions or incentives permitted by this
section.
2. Nothing in this subsection shall be interpreted to require the city to
waive, modify or reduce development standards if the wavier,
modification or reduction would have a specific adverse impact.
3. The application and review process for a waiver/modification of
development standards is set forth in subsection L of this section.
4. Waiver or Reduction of Development Standards
a. In no case may the city apply any development standard that
will have the effect of physically precluding the construction of a
development meeting the criteria of subsection C at the
densities or with the concessions or incentives permitted by this
section. An applicant may submit to the city a proposal for the
waiver or reduction of development standards that will have the
effect of physically precluding the construction of a development
meeting the criteria of subsection C at the densities or with the
concessions or incentives permitted under this section, and may
request a meeting with the city. If a court finds that the refusal to
grant a waiver or reduction of development standards is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require the city to waive or
reduce development standards if the waiver or reduction would
have a specific, adverse impact, as defined in paragraph (2) of
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subsection (d) of Section 65589.5, upon health, safety, or the
physical environment, and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact.
Nothing in this subdivision shall be interpreted to require the city
to waive or reduce development standards that would have an
adverse impact on any real property that is listed in the
California Register of Historical Resources or to grant any
waiver or reduction that would be contrary to state or federal
law.
b. A proposal for the waiver or reduction of development standards
pursuant to this subdivision shall neither reduce nor increase
the number of incentives or concessions to which the applicant
is entitled pursuant to subsection C.
G. Specified Density Bonus Percentages. Only housing developments
consisting of five or more dwelling units are eligible for the density
bonus percentages provided by this subsection. The amount of density
bonus to which the applicant is entitled shall vary according to the
amount by which the percentage of affordable housing units exceeds
the percentage established in subsection (C)(1).
1. For housing developments meeting the criteria of subsection
(C)(1)(a), the density bonus shall be calculated as follows:
Percentage Low -Income
Units
Percentage Density
Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35 maximum
2. For housing developments meeting the criteria of subsection
(C)(1)(b), the density bonus shall be calculated as follows:
Percentage Very Low
Income Units
Percentage Density
Bonus
5
20
6
22.5
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7
25
8
27.5
9
30
10
32.5
11
35 maximum
3. For housing developments meeting the criteria of subsection
(C)(1)(c) and (d), the density bonus shall be twenty percent.
4. For housing developments meeting the criteria of subsection
(C)(1)(e), the density bonus shall be calculated as follows:
Percentage Moderate
Income Units
Percentage Density
Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
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Percentage Moderate
Income Units
Percentage Density
Bonus
39
34
40
35 maximum
5. An applicant may elect to accept a lesser percentage of density
bonus than that to which the applicant is entitled under this section.
All density bonus calculations resulting in a fractional number shall
be rounded upwards to the next whole number. The granting of a
density bonus shall not be interpreted, in and of itself, to require a
general plan amendment, zoning change, or other discretionary
approval.
6. For the purpose of calculating a density bonus, the residential units
do not have to be based upon individual subdivision maps or
parcels. The density bonus shall be permitted in geographic areas
of the housing development other than the areas where the units
for the lower income households are located.
7. The application and review process for a density bonus as provided
by this section is set forth in subsection L of this section.
H. Land Donation. When a developer of a housing development donates
land to the city as provided for in this subsection, the applicant shall be
entitled to a fifteen percent increase above the otherwise maximum
allowable residential density under the applicable zoning ordinance
and land use element of the general plan for the entire housing
development, as follows:
Percentage Very Low
Income Units
Percentage Density
Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
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Percentage Very Low
Income Units
Percentage Density
Bonus
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35 maximum
This increase shall be in addition to any increase in density mandated
by subsection C, up to a maximum combined mandated density
increase of thirty-five percent, if an applicant seeks both the increase
required pursuant to this subsection and subsection C. All density
calculations resulting in fractional units shall be rounded up to the next
whole number. Nothing in this subsection shall be construed to enlarge
or diminish the city's authority to require an applicant to donate land as
a condition of development.
1. An applicant shall be eligible for the increased density bonus
described in this section if the city is able to make all the following
findings:
a. The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
b. The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less
than ten percent of the number of residential units of the
proposed development.
c. The transferred land is at least one acre in size or of sufficient
size to permit development of at least forty units, has the
appropriate general plan designation, is appropriately zoned for
development as affordable housing, and is or will be served by
adequate public facilities and infrastructure. The land shall have
appropriate zoning and development standards to make the
development of the affordable units feasible. No later than the
date of approval of the final subdivision map, parcel map, or
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development application for the housing development, the
transferred land shall have all of the permits and approvals,
other than building permits, necessary for the development of
very low income housing units on the transferred land, except
that the city may subject the proposed development to
subsequent design review to the extent authorized by
subdivision (i) of Government Code Section 65583.2 if the
design is not reviewed by the local government prior to the time
of transfer.
d. The transferred land and the very low income units constructed
on the land will be subject to a deed restriction ensuring
continued affordability of the units consistent with this section,
which restriction will be recorded on the property at the time of
dedication.
e. The land is transferred to the city or to a housing developer
approved by the city. The city may require the applicant to
identify and transfer the land to such city -approved developer.
f. The transferred land shall be within the boundary of the
proposed development or, if the city agrees in writing, within
one -quarter mile of the boundary of the proposed development.
g. A proposed source of funding for the very low income units shall
be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development
application.
2. The application and review process for a donation of land and
related density bonus is set forth in subsection L of this section.
I. Child daycare Facilities.
1. When an applicant proposes to construct a housing development
that includes affordable units as specified in subsection C and
includes a child daycare facility that will be located on the premises
of, as part of, or adjacent to such housing development, the city
shall grant either of the following if requested by the developer.
a. An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of
square feet in the child daycare facility.
b. An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child daycare facility.
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2. A housing development shall be eligible for the density bonus or
concession described in this subsection if the city, as a condition of
approving the housing development, requires all of the following to
occur:
a. The child daycare facility will remain in operation for a period of
time that is as long as or longer than the period of time during
which the affordable housing units are required to remain
affordable pursuant to subsection D.
b. Of the children who attend the child daycare facility, the
percentage of children of very low income households, lower
income households, or moderate income households shall be
equal to or greater than the percentage of affordable housing
units that are proposed to be affordable to very low income
households, lower income households, or moderate income
households.
c. Notwithstanding any requirement of this subsection, the city
shall not be required to provide a density bonus or concession
for a child daycare facility if it finds, based upon substantial
evidence, that the community already has adequate child
daycare facilities.
3. The application and review process for the provision of child
daycare facilities and related density bonus or concessions or
incentives is set forth in subsection L of this section.
J. Condominium Conversions. Any developer converting condominiums
of a Housing Development of five units or more who seeks a density
bonus, shall make such application in conjunction with its tract map
application pursuant to the Subdivision Map Act, Section 9.60.260 of
this code and consistent with Government Code Section 65915.5. Any
appeal of any concession or incentive or review by the planning
commission or city council shall automatically require an appeal of the
underlying map to that body. An applicant shall be ineligible for a
density bonus or other incentives under this section if the apartments
proposed for conversion constitute a housing development for which a
density bonus or other incentives were provided under Government
Code Section 65915.
K. By -Right Parking Incentives. Housing developments meeting any of
the criteria of subsection (C)(1), shall be granted the following
maximum parking ratios, inclusive of handicapped and guest parking,
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which shall apply to the entire development, not just the restricted
affordable units, when requested by a developer:
1. Zero to one bedroom dwelling unit: one onsite parking space;
2. Two to three bedrooms dwelling unit: two onsite parking spaces;
3. Four or more bedrooms: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it
shall be rounded up to the next whole number. For purposes of this
subsection, a development may provide "onsite parking" through
tandem parking or uncovered parking, but not through on -street
parking.
L. Application and Review Procedures.
1. A written application for a density bonus, incentive, concession,
waiver, or modification pursuant to this section shall be submitted
with the first application that is submitted for approval of a housing
development and processed concurrently with all other applications
required for the housing development. Notwithstanding any other
requirements, affordable housing projects processed under this
section shall require approval of a conditional use permit, subject to
the requirements of Government Code Section 65589.5(d). The
application shall be submitted on a form prescribed by the city and
shall include at least the following information:
a. Site plan showing total number of units, number and location of
affordable housing units, and number and location of proposed
density bonus units.
b. Level of affordability of affordable housing units and proposals
for ensuring affordability.
c. A specific description of any requested incentives, concessions,
waivers or modifications of development standards, or modified
parking standards. The application shall include evidence that
the requested incentives and concessions are required for the
provision of affordable housing costs and/or affordable rents, as
well as evidence relating to any other factual findings required
under subsection E.
d. If a density bonus or concession is requested in connection with
a land donation, the application shall show the location of the
land to be dedicated and provide evidence that each of the
findings included in subsection H can be made.
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e. If a density bonus or concession/incentive is requested for a
childcare facility, the application shall show the location and
square footage of the child daycare facilities and provide
evidence that each of the findings included subsection I can be
made.
2. An application for a density bonus, incentive or concession
pursuant to this section shall be considered by and acted upon by
the approval body with authority to approve the housing
development and subject to the same administrative appeal
procedure, if any. In accordance with state law, neither the granting
of a concession, incentive, waiver, or modification nor the granting
of a density bonus shall be interpreted, in and of itself, to require a
general plan amendment, zoning change, variance, or other
discretionary approval.
3. For housing developments requesting a waiver, modification or
reduction of a development standard, an application pursuant to
this subdivision shall be heard by the planning commission. A
public hearing shall be held by the planning commission and the
commission shall issue a determination. Pursuant to Government
Code Section 65915, the planning commission shall approve the
requested waiver/modification or reduction of development
standards, unless one of the following conditions applies:
a. The waiver/modification is not required to make the proposed
affordable housing units feasible; or
b. The waiver/modification will have a specific adverse impact.
The decision of the planning commission may be appealed to the
city council in the manner provided in Section 9.200.120 of the La
Quinta Municipal Code.
4. Notice of any city determination pursuant to this section shall be
provided to the same extent as required for the underlying
development approval. (Ord. 451 § 1, 2008: Ord. 284 § 1 (Exh. A)
(part), 1996)
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.
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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
guests in four rooms.
D. Where Permitted.
1. Bed and breakfast are permitted subject to approval of a
conditional 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 square feet is required for each of the
sleeping rooms and not more than twenty-five percent 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 feet is
prohibited.
6. Signs shall not exceed two 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. (Ord.
299 § 1 (part), 1997)
9.60.280 Timeshare regulations.
A. Purpose. The city council finds that timeshare facilities constitute a
commercial hotel use. Due to the mixed method of operation, hybrid
ownership, the potential generation of large numbers of people and
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vehicles, and the potential impact on the tourism -related facilities in the
city, special development criteria are warranted. Also, this section is
intended to establish criteria by which timeshare facilities will function
as hotels/motels. Any conversion of an existing facility to timeshare
use will be required to meet the same standards as new facilities.
B. Definitions. See Chapter 9.280.
C. Limits on Occupancy.
1. In no instance shall a person occupy one or more timeshare units
in a timeshare facility for more than thirty days. Units which do not
meet such criteria shall be considered to be residential units and
shall be subject to all applicable zoning restrictions.
2. Units in a timeshare facility shall not be used as a residence
unless:
a. The residential use is allowed by the underlying zone
designation; and
b. The residential use was specifically allowed by the conditional
use permit or other city discretionary permit.
D. Where Permitted.
1. Timeshare facilities and conversions to timeshare use are
permitted subject to approval of a minor use permit. Such facilities
and conversions are expressly prohibited in all other districts.
Further, the conversion of timeshare units to residential
condominium uses is prohibited unless one hundred percent of the
units in the development are converted simultaneously.
2. Timeshare facilities may include other uses, either as minor
ancillary uses to the timeshare facility or independent facilities so
long as the specific use is allowed by the underlying zone
designation. Such uses shall meet all city laws and requirements.
E. Development Standards. The following shall constitute the minimum
development standards for timeshare facilities and the conversion of
existing facilities to timeshare use. Additional requirements may be
attached to a conditional use permit or other discretionary permit if
found to be necessary to assure that the development is consistent
with the purpose of this section:
1. Density. The density of the timeshare project shall not exceed the
density permitted by the general plan or by the applicable zoning
district.
2. Setback, Height and Lot Coverage. The minimum required
setbacks and minimum height and lot coverage shall be those as
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established in the underlying zone designation. Additional setbacks
and height and lot coverage restrictions may be required to ensure
that the facility is adequately buffered from surrounding uses.
3. Parking. The minimum parking requirements for timeshare facilities
shall be those required by law for hotel/motel uses, plus
requirements for ancillary uses (for example, restaurants and
shops). Other uses which are included in the facility, but which are
not ancillary uses, shall meet all requirements of this code.
Additional parking may be required if the design of the facility and
units indicates that additional parking is necessary.
4. Signs. The sign requirements shall be those as established by
Chapter 9.160.
5. Management. The management of a timeshare facility shall be in
accordance with the requirements established by the California
Department of Real Estate for timeshare uses. An on -site manager
is required.
6. Required Facilities. The provision of facilities, amenities or design
features usually associated with hotels/motels (e.g., lobbies, check -
in area, registration desks, service closets, laundry facilities) shall
be required to ensure that the timeshare facility will adequately
function as a hotel/motel.
F. Conversions to Timeshare Uses. The following standards shall apply
to conversions of existing facilities to timeshare uses:
1. The conversion of any type of existing unit or facility to timeshare
use shall be subject to the approval of a conditional use permit.
Conversions shall be evaluated in terms of the physical suitability of
the units or facilities for timeshare use. Items to be considered shall
include, without limitation, the general maintenance and upkeep of
the structures; general physical condition of the facility; age of the
structures; suitability of the units for the type of occupancy
proposed; availability of kitchen facilities; the age, condition and
general repair of any recreational facility; the potential impact on
nonconverting units within the facility; and conformance with
appropriate building, safety or fire standards. The upgrading of the
facility may be required to mitigate any identified deficiencies.
2. All facilities converted to timeshare use shall meet all applicable
city requirements, including building, safety and fire standards.
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3. The conversion of apartments to timeshare use shall be subject to
the same relocation benefits as are or may be established for the
conversion of apartments to condominiums.
4. Conversion to timeshare use must be explicitly permitted by any
covenants, conditions and restrictions which are recorded against
the property proposed to be converted.
G. Application Requirements.
1. In addition to any application requirements established by Section
9.210.020 and any other applicable requirements of this code, the
following information shall also be submitted as part of any
application to develop or establish a timeshare facility:
a. Typical floor plans for each timeshare unit;
b. The phasing of the construction of the timeshare use;
c. The type of timeshare method to be used (e.g., fee simple,
leasehold, tenancy -in -common, license, membership) and how
such use may be created;
d. The identification of timeshare intervals and the number of
intervals per unit;
e. Identification of which units are in the timeshare program, the
use of the units not included in the program, and the method
whereby other units may be added, deleted or substituted;
f. A description of any ancillary uses which are proposed in
conjunction with the timeshare facility;
g. A description of the availability of the timeshare project and
ancillary facilities to the general public;
h. A description of the method of management of the project and
indication of a contact person or party responsible for the day-
to-day operation of the project;
i. A description of the type and operation of any other uses
(residential, commercial or recreational) which are included in
the facility;
j. The formula, fraction or percentage, of the common expenses
and any voting rights assigned to each timeshare unit and,
where applicable, to each unit within the project which is not
subject to the timeshare program;
k. A description of the methods to be used to guarantee the future
adequacy, stability and continuity of a satisfactory level of
management and maintenance;
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I. Any restrictions on the use, occupancy, alteration or alienation
of timeshare units;
m. Copies of all enabling documentation, including, but not limited
to, articles of incorporation, bylaws, declarations of covenants,
conditions and restrictions, and membership or license
agreements;
n. Copies of all California Department of Real Estate applications
and permits, including any public report issued;
o. A description of the method to be used in collecting and
transmitting the transient occupancy tax to the city;
p. Any other information or documentation the applicant, the
Director or the planning commission deems reasonably
necessary to the consideration of the project, including any
required environmental documents; and
q. Applications for the conversion of any portion of an existing
facility to a timeshare facility shall include the following
information in addition to the other information required by this
subsection:
i. A property report describing in detail the condition and
useful life of the roof, foundations and mechanical,
electrical, plumbing and structural elements of all existing
buildings and structures. Such report shall be prepared by
a registered civil or structural engineer, a licensed architect
or a licensed general contractor,
ii. A descriptive report containing acoustical test data which
indicate the noise attenuation characteristics of the existing
party walls and ceilings. The data for such report shall
include a sampling of at least ten percent of the dwelling
units involved, but in no case fewer than two dwelling
units, and shall be compiled by an independent consultant
experienced in the field of acoustical testing and
engineering,
iii. If the conversion is of an apartment or condominium facility
or any portion thereof, a certified list of the names and
addresses of all tenants residing in the project proposed to
be converted at the time the application is filed, whether or
not the unit in which the tenant resides will be converted,
iv. A comprehensive list of all improvements, upgrading and
additional facilities proposed, and
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V. A report describing all repairs and replacements needed, if
any, to bring all structures into substantial compliance with
the Uniform Building Code, Uniform Housing Code,
National Electrical Code, Uniform Plumbing Code, Uniform
Fire Code, Uniform Mechanical Code, and any other
building related codes as modified and adopted by the city.
2. The information required by this section shall be reviewed by the
Director, who will require its revision and resubmittal if found to be
inadequate or incomplete. Approval shall be subject to the required
documentation being received, and the failure of an applicant to
submit such documentation shall be grounds for disapproval.
H. Required Notice. Public notice shall be given for all conditional use
permits associated with timeshare facilities as required by this code. In
addition, in the event an apartment or condominium facility or any
portion thereof is proposed to be converted to a timeshare facility,
written notice shall be mailed to all persons residing in the facility,
whether or not the unit in which the person resides will be converted,
not less than ten days prior to the planning commission hearing. Such
notice shall be mailed by the Planning Division at the expense of the
applicant, and shall state the following:
1. The date, time, place and purpose of the hearing;
2. Notification that if the permit is approved, tenants may be required
to vacate the premises;
3. Notification that if the permit is approved, the property owner will be
required to give all tenants a minimum of one hundred twenty days'
notice to vacate. However, such notice shall not restrict the
exercise of lawful remedies pertaining to, but not limited to, tenants'
defaults in the payment of rent or defacing or destruction of all or a
part of the rented premises; and
4. A description of any available relocation benefits to be provided by
the project applicant.
I. Required Findings. 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 timeshare facility shall
require the following additional findings:
1. The proposal is in conformance with the city's general plan, this
section, and other applicable requirements of this zoning code;
2. The property is physically suitable for use as a timeshare facility;
and
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3. The use of the property as a timeshare facility will not cause an
undue burden on adjacent and nearby property owners.
J. Transient Occupancy Tax. Timeshare facilities shall be subject to all
applicable provisions of Chapter 3.24 of the municipal code. (Ord. 299
§ 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.60.290 Compatibility review for partially developed subdivisions.
A. Purpose. Residential subdivisions are often developed in phases,
either by the same or different developers or by individual owner -
builders. This section imposes requirements to ensure that units in
later phases of such projects are compatible in design and appearance
with those already constructed.
B. For purposes of this section, the term "compatible" means residential
buildings which are similar in floor area and harmonious in
architectural style, mass, scale, materials, colors, and overall
appearance.
C. Applicability. This section applies to all second story additions,
proposed major design deviations, and new residential units which are
different from those originally constructed and/or approved and which
are proposed for construction within a partially developed subdivision,
except for a custom home subdivision, project or phase. Proposed
minor design deviations are not subject to this section. These
requirements are in addition to other applicable regulations in this
code.
1. Minor Design Deviation. A minor design deviation can be approved
by the Planning Division without a public hearing. Minor design
deviation means a modification of an approved architectural unit
within a subdivision that involves items such as, but not limited to,
less than ten percent change in square footage of existing
constructed or approved units; columns, dormer vents, window size
changes, plant -on locations, color, and stucco texture changes.
The Director may refer the minor design deviation to the planning
commission as a business item under the site development permit
process.
2. Major Design Deviation. A major design deviation is subject to the
compatibility review for partially developed subdivisions. A major
design deviation means a ten percent or more change in square
footage of existing constructed or approved units; any exterior
architectural modification not defined as a minor design deviation.
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D. Site Development Permit Required. Residential units subject to this
section are subject to approval of a site development permit by the
planning commission per Section 9.210.010. Applications for such
permits shall be filed with the Planning Division on forms prescribed by
the director together with: (1) all maps, plans, documents and other
materials required by the director; and (2) all required fees per Chapter
9.260. The director shall provide the necessary forms plus written filing
instructions specifying all materials and fees required to any requesting
person at no charge.
E. Acceptance of Applications as Complete. Within thirty days of receipt
of a permit application, the director shall determine whether the
application is complete and shall transmit such determination to the
applicant. If the application is determined not to be complete, the
director shall specify in writing those parts of the application which are
incomplete and shall indicate the manner in which they can be made
complete. No application shall be processed until all required materials
have been submitted and the application deemed complete.
F. Public Hearing Required. A public hearing shall be noticed and held
per Section 9.200.110 prior to planning commission approval or denial
of any site development permit consisting of the construction of a total
of five houses within a tract under the compatibility review provisions of
this section. Construction of a total of five or less units shall require
review and approval of the planning commission as a business item.
The Director may require that additional notice be given by enlarging
the notification radius or by other means determined by the director.
G. Precise Development Plan. A site development permit approved under
the compatibility review provisions of this section constitutes a precise
development plan. Therefore, the residential development authorized
under the site development shall be in compliance with the plans,
specifications and conditions of approval shown on and/or attached to
the approved permit.
H. Required Findings. In addition to the findings required for approval of a
site development permit, the following findings shall be made by the
decision -making authority prior to the approval of any site development
permit under the compatibility review provisions of this section:
1. The development standards of subsection I of this section have
been satisfied.
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2. The architectural and other design elements of the new residential
unit(s) will be compatible with and not detrimental to other existing
units in the project.
I. Development Standards for Compatibility Review. No residential unit
shall be approved under compatibility review unless the planning
commission determines that it complies with the following development
standards:
1. A two-story house shall not be constructed adjacent to or abutting a
lot line of an existing single -story home constructed in the same
subdivision.
2. If lot fencing has been provided in the subdivision, the new
developer shall provide the same or better type of fencing for the
new dwelling(s), as determined by the planning commission,
including any perimeter subdivision fencing.
3. Proposed single-family dwellings shall be compatible to existing
dwellings in the project or to dwellings which are approved for
construction as shown on the plans and materials board, unless
otherwise approved by the planning commission, with respect to
the following design elements:
a. Architectural material such as roof material, window treatment
and garage door style;
b. Colors;
c. Roof lines;
d. Lot area; and
e. Building mass and scale.
4. At least one specimen tree (i.e., minimum of a twenty -four -inch box
size (one and one -half -inch to two-inch caliper) and minimum ten -
foot tall, measured from top of box) shall be provided in the front
yard and street side yard with the total number of trees on each lot
to be the same as that provided for on the original units.
5. Residential units with identical, or similar, front elevations shall not
be placed on adjacent lots or directly across the street from one
another.
J. Commission Discretion on Unit Types. The planning commission, in
reviewing dwelling units under this section, may limit the type and the
number of a particular unit to be constructed within a subdivision.
K. Appeals. The applicant or another aggrieved party may appeal
decisions of the planning commission in accordance with the
provisions of Section 9.200.120. (Ord. 509 § 1, 2013; Ord. 361 § 1
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(Exh. A), 2001; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord.
284 § 1 (Exh. A), 1996)
9.60.300 Restrictions on multistory buildings at project boundaries.
Any structure within 70 feet of an existing one story residence within an adjacent
subdivision shall be limited to one story.
9.60.310 Resort residential.
A. Purpose. Resort residential provides for the development and
regulation of a range of specialized residential uses that are
individually owned but rented for periods of thirty consecutive days or
less, on a regular basis and oriented to tourist and resort activity as
part of a golf/resort country club. Land uses include single-family
detached or attached residential uses, eating and drinking facilities,
small accessory retail and personal service shops, and recreational
buildings.
B. Review Process. Resort residential uses are permitted when
developed as part of a residential golf country club. The conditional
use application review process shall be used subject to Section
9.210.020.
C. Development Standards. The following standards apply to the
development of resort residential uses:
ITEM
QUANTITY
Minimum lot frontage
30 ft.
Maximum building height
28 ft. (1
22 ft. (1) adjacent to an image
corridor
Maximum no. of stories
2
Minimum livable reserved floor area excluding
garage
420 sq. ft.
Minimum front yard setback from:
Street or parking stall curb
8 ft.
Pedestrian circulation walks
5 ft.
Garage/carport setback -from street curb
5 ft.
Minimum building to building setback:
Without partial attachment (see note)
6 ft.
With partial attachment (see note)
4 ft.
Minimum interior/exterior side yard setbacks
3 ft. (2)
Minimum rear yard setback
5 ft.
Maximum allowable wall height
8 ft.
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Minimum parking required 11 space per bedroom
1 space per 300 sq. ft. GFA
Note: Partial attachment of two buildings is made when an enclosed
area having a typical interior function such as a hot water heater
closet, furnace closet, or other essential use, is attached to two
otherwise separate buildings. Construction standards and fire ratings
shall meet U.B.C. requirements.
1. Chimneys, roof vents, finials, spires, and similar architectural
features not containing usable space are permitted to extend up to
three feet above the maximum structure height.
2. Residential units supporting mechanical equipment shall be
allowed within side yard setback area with a minimum three-foot
clearance to the side property.
D. Allowable Resort Residential Units and Commercial Uses. The density
of the allowable units is determined by the underlying general plan
land use designation. The eating and drinking facilities, small
accessory retail and personal service shops, and recreational buildings
shall be an integral part of the development. These facilities shall not
utilize more than five acres of the total site.
E. Transient Occupancy Tax. Resort residential shall be applicable to all
provisions of Chapter 3.24 of this code. (Ord. 325 § 1 (Exh. A) (part),
1998)
9.60.320 Reasonable Accommodation
A. Purpose and intent.
1. To establish a procedure for requesting reasonable
accommodation for persons with disabilities in the application of
land use, zoning and building policies and practices.
2. To fully comply with the intent and purpose of the federal Fair
Housing Act and California Employment and Housing Act.
3. The City encourages the development community to coordinate
with property owners to incorporate interior residential design
modifications for people requiring special adaptations, when
requested by the property owner. Such modifications may include
wider interior doorways, zero -entry showers, and lowered kitchen
countertops that enhance accessibility.
B. Applicability. This section applies to persons with disabilities, their
representatives, and developers of housing for individuals with
disabilities who seek equal access to housing under fair housing laws
and flexibility in the application of relevant regulations, policies,
practices, and procedures.
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C. Definitions. See Chapter 9.280.
D. Submittal Procedure. Any person with a disability, his/her
representative, or developer of housing for individuals with disabilities
may request reasonable accommodation as it pertains to land use,
zoning, and building regulations according to the following parameters:
1. A written request shall be submitted to the Director and shall
contain the following information.
a. Applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Property owner(s) name and address;
d. Current use of the property;
e. Description of requested accommodation and why it is deemed
necessary;
f. Policy or regulation for which reasonable accommodation is
being sought.
2. The City shall provide assistance, if necessary, to ensure that the
reasonable accommodation process is accessible.
3. Information identified as confidential by the applicant shall be
safeguarded and shall not be made available to the public.
4. If the project for which the reasonable accommodation request is
being made requires other discretionary approvals (such as design
review, conditional use permit, zone change, etc.), the applicant
shall file the written reasonable accommodation request in
conjunction with the application for discretionary approval.
E. Review Procedure.
1. If no approvals are being sought other than the request for
reasonable accommodation, the request shall be reviewed by the
Director or his/her designee, and he/she shall make a written
determination within 45 days of the original request date„ in
accordance with Section 9.60.350(G).
2. If the request for reasonable accommodation is submitted
concurrently with other discretionary land use applications, it shall
be reviewed by the authority reviewing the discretionary
application, and the authority shall make a written determination
within 30 days of the original request date, in accordance with
Section 9.60.350(G).
3. The reviewing authority may request additional information from the
applicant, consistent with fair housing laws, if deemed necessary.
In this event, the 30-day review and decision period is stayed until
the applicant responds to the request.
F. Findings and Determination Procedure.
1. The authority's written decision shall grant, grant with modifications,
or deny the request for reasonable accommodation, consistent with
fair housing laws.
2. The findings shall be based on the following considerations:
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a. Whether the subject property will be used by an individual with
disabilities protected under fair housing laws;
b. Whether the requested accommodation is necessary to make
housing available to an individual with disabilities protected
under fair housing laws;
c. Whether the requested accommodation would impose undue
financial or administrative burdens on the City;
d. Whether the request for accommodation would require a
fundamental alteration in the nature of a City program or law;
e. Potential impacts on surrounding land uses;
f. Alternative reasonable accommodations that may provide an
equivalent level of benefit;
3. The reviewing authority may impose Conditions of Approval
deemed reasonable and necessary.
4. The reviewing authority's written determination shall give notice of
the applicant's right to appeal.
5. If the reviewing authority fails to render a written decision within the
30-day time period allotted in Section 9.60.350(F), the request shall
be deemed granted.
While a request for reasonable accommodation is pending, all laws
and regulations otherwise applicable to the subject property shall
remain in effect.
G. Appeals Process.
1. The applicant may appeal an adverse decision in writing to the
Planning Commission within thirty (30) days of the date of the
reviewing authority's written decision.
2. If necessary, the City shall provide assistance in filing an appeal to
ensure that the appeals process is accessible.
9.60.330 Planned Unit Development Standards
A. Purpose. The purpose of the Planned Unit Development is to allow
flexibility in the design of residential projects, and encourage the
development of creative, high -quality residential projects that provide
attractive living environments in a setting that is different from standard
single family home development.
B. Permit Required. Planned Unit Developments (PUD) shall require
approval of a Conditional Use Permit.
C. Design Guidelines Required. All PUDs shall be required to submit
design guidelines that include:
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1. A site plan that shows building and unit footprints, common and
private open space areas, parking areas,
roadways/driveways/alleys, and access points.
2. Architectural plans that include elevations, floor plans, roof plans,
lighting and landscaping plans. The graphic plans must be
accompanied by text that describes minimum development
standards, building materials, landscape palette and lighting details.
3. For projects proposing two or more story structures, a massing plan
that depicts the relationship of the structures within the project to
each other, and to development adjacent to the project. The
massing plan shall be accompanied by text that describes how the
project is compatible with surrounding development.
4. A common area plan that describes in text the area(s) to be
devoted to common area, and the amenities to be provided, as well
as a calculation of the percentage of common area provided in
relation to the residential units.
5. A circulation plan that provides graphics and text describing the
roadway/driveway/alleyway cross-section dimensions, parking
areas, and entryway treatments.
D. Development Standards. All PUDs shall be subject to the following
development standards.
1. Density. The maximum density allowed in a PUD shall not exceed
the general plan and zoning designation on the property.
2. In order to encourage creative design, development standards in
PUDs can be proposed by the applicant. The applicant must
demonstrate in the project's design guidelines that reduced
setbacks are offset with project amenities.
3. Common Areas. A PUD must provide 30% of the net project area
(not including city street dedications, interior streets or parking
areas), as common area. Common area cannot include parking lot
landscape areas, landscaped areas of less than 5 feet in width, or
any open space area provided for the exclusive use a residential
unit. Common areas can include passive and active areas, and
must provide amenities for the community as a whole. Amenities
can include:
• Passive park, at least'/2 acre in size, and not including retention
basins
• Swimming pool, with or without spa
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• Clubhouse/recreation room
• Tot lot with play equipment
• Picnic tables and barbeque areas
• Tennis court
• Basketball court
• Volleyball court
• Bocce ball or horseshoe pitch
• Softball, baseball or soccer field
• Putting green, driving range or similar golf -oriented area
• Par course
• Off-street continuous trail or paseo (allowing a loop through the
project)
• Community garden
• Daycare center or similar children's activity building
• Other facilities as determined appropriate by the Director
A minimum number of amenities shall be provided based on the
number of units within a project, as shown below.
0-25 units
2 amenities
26-50 units
3 amenities
51-100 units
4 amenities
101 or more units
5 amenities
4. Parking: Parking shall be provided consistent with Chapter 9.150.
As provided in that chapter, variations from parking requirements
can be proposed in a PUD, with appropriate substantiation.
5. Signage. Signage shall be provided consistent with Chapter 9.160.
E. Required Findings. The following findings shall be made by the
decision -making authority prior to the approval of any Planned Unit
Development:
1. Consistency with General Plan. The project is consistent with the
general plan.
2. Consistency with Zoning Code. The project 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. Architectural Design. The architectural design of the project,
including, but not limited to, the architectural style, scale, building
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mass, materials, colors, architectural details, roof style and other
architectural elements are compatible with surrounding
development and with the quality of design prevalent in the city.
5. Site Design. The site design of the project, including, but not limited
to, project entries, interior circulation, pedestrian and bicycle
access, pedestrian amenities, screening of equipment and trash
enclosures, exterior lighting, and other site design elements are
compatible with surrounding development and with the quality of
design prevalent in the city.
6. Landscape Design. Project landscaping, including, but not limited
to, the location, type, size, color, texture and coverage of plant
materials, has been designed so as to provide visual relief,
complement buildings, visually emphasize prominent design
elements and vistas, screen undesirable views, provide a
harmonious transition between adjacent land uses and between
development and open space, and provide an overall unifying
influence to enhance the visual continuity of the project.
Chapter 9.65 VILLAGE COMMERCIAL DISTRICT
A. Introduction. The provisions of this chapter implement an overlay
zoning district for the area covered by The Village at La Quinta Design
Guidelines, as set forth in the document containing said guidelines.
(Ord. 323 § 2 (Exh. A) (part), 1998)
B. Applicability. The Village overlay district (VOD) shall apply within the
boundaries of The Village at La Quinta Design Guidelines, as
established in the guidelines document and as may be amended by
resolution of the city council. Notwithstanding the requirements set out
in this chapter, the provisions of the underlying zoning district shall be
in effect and govern development and permitted uses for properties
located in said underlying district. The Village overlay district shall be
appropriately designated on the city's official zoning map. (Ord. 323 §
2 (Exh. A) (part), 1998
C. Permitted Uses. Permitted uses in The Village at La Quinta are shown
in Table 9-5.
Chapter 9.70 NONRESIDENTIAL DISTRICTS
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9.70.010 Summary of district regulations.
A. Purpose. This chapter contains the purpose and intent of each
nonresidential district.
B. Permitted Uses. Chapter 9.80 specifies the land uses allowed in each
nonresidential district.
C. Development Standards. Development standards (such as minimum
setbacks and maximum building heights) for each nonresidential
district are contained in Chapter 9.90.
D. Supplemental Regulations. Sections containing supplemental
regulations applicable to nonresidential uses are as follows:
Table 9-4 Supplemental Nonresidential Regulations
9.100.010
Purpose and intent
9.100.020
Parking and signs
9.100.030
Fences and walls
9.100 040
Landscaping
9.100.050
Screening
9.100.060
Detached accessory structures
9.100.070
Satellite dish and other antennas
9.100.080
Holiday sales lots
9.100.090
Produce and flower stands
9.100.100
Outdoor vendors
9.100.110
Outdoor storage and display
9.100.120
Sidewalk sales and commercial events
9.100.130
Temporary outdoor events
9.100.140
Seasonal sales businesses
9.100.145
Temporary holiday period outdoor storage
9.100.150
Outdoor lighting
9.100.160
Caretaker residences
9.100.170
Construction and guard offices
9.100.180
Relocatable buildings
9.100.190_Recycling
collection facilities
9.100.200
Trash and recyclable materials storage
9.100.210
Noise control
9.100.220
Operational standards
9.100.230
Service station standards
9.100.240
Child day care centers
9.100.250
Single room occupancy (SRO) hotels
9.100.260
Used vehicle sales not associated with a new
vehicle sales facility
9.100.270
Drive -Through Facilities
9.100.280
Emergency shelters
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(Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.70.030 CR Regional Commercial District.
A. Purpose and Intent. To provide for the development and regulation of
regionally oriented commercial areas located along the Highway 111
corridor as shown on the general plan. The CR district is intended to
provide a broad range of goods and services serving the entire region.
Representative land uses include corporate headquarters, regional
service centers, research and development facilities, major community
facilities, major medical facilities, overnight commercial lodging,
entertainment, and automobile -oriented sales and services.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. Approval of a specific plan is required for
any development or land division greater than ten acres in the CR
district. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A) (part), 1996)
9.70.040 CP Commercial Park District.
A. Purpose and Intent. To provide for the development and regulation of
heavy commercial and light industrial uses located within the Highway
111 corridor as shown on the general plan. Representative uses
include automobile repair, warehousing and storage, office/showroom,
office/warehouse, high-tech light manufacturing, and similar uses
which serve the needs of the local and regional trade area.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.70.050 CC Community Commercial District.
A. Purpose and Intent. To provide for the development and regulation of
medium- to large-scale commercial areas located at the intersections
of arterial highways as shown on the general plan. The CC district is
intended to provide for the sale of general merchandise, hardware and
building materials, food, drugs, sundries, personal services and similar
goods and services to meet the needs of a multi -neighborhood area.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996)
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9.70.060 CN Neighborhood Commercial District.
A. Purpose and Intent. To provide for the development and regulation of
small-scale commercial areas located at the intersections of arterial
highways as shown on the general plan. The CN district is intended to
provide for the sale of food, drugs, sundries and personal services to
meet the daily needs of a neighborhood area.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.70.070 CT Tourist Commercial District.
A. Purpose and Intent. To provide for the development and regulation of a
narrow range of specialized commercial uses oriented to tourist and
resort activity, located in areas designated on the general plan.
Representative land uses include destination resort hotels,
conference -oriented hotels and motels, eating and drinking
establishments, accessory retail and personal service shops and
recreational uses.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.70.080 CO Office Commercial District.
A. Purpose and Intent. To provide for the development and regulation of
office -oriented uses serving the local and regional trade area, located
as shown on the general plan. Representative land uses include
financial, medical, legal, professional service uses, and limited
accessory retail uses.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development
standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.70.090 MC Major Community Facilities District.
A. Purpose and Intent. To provide for major community facilities such as
government offices, fire and police stations, post offices, public
schools, libraries, community centers, corporate yards and similar uses
at locations identified on the general plan. Emergency shelters are also
permitted.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 101 of 334
C. Development Standards. Public and utility projects shall be subject to
the same standards as private sector projects. Chapter 9.90 contains
development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part),
1996)
9.70.100 Village Commercial District
A. Role of The Village at La Quinta Design Guidelines. The provisions of
this chapter, regulating uses and structures within The Village at La
Quinta area, implement the concepts and guidance set forth in The
Village at La Quinta Design Guidelines ("guidelines"). Land uses and
development proposed in The Village area shall be designed and
evaluated in conjunction with those guidelines.
B. Purpose of Design and Development. The following purpose
statements reflect the design concepts envisioned by the guidelines:
1. Develop The Village area as a year-round commercial, residential
and recreational location, serving residents and guests of the
greater La Quinta community;
2. Promote development standards to accommodate projects and
activities which will provide goods, services and housing in a
design environment supportive of the concepts set out in the
guidelines: promoting pedestrian accessibility and scale,
maintaining connections to La Quinta's artistic and architectural
heritage, and guiding design to acknowledge and embrace the
desert environment. (Ord. 498 § 1, 2012; Ord. 323 § 3 (Exh. B),
1998)
9.70.110 Permitted uses.
A. Permitted uses in the VC zoning district will combine urban living,
essential day-to-day neighborhood goods and services, tourism and
visitor -based retail and entertainment opportunities, and facilities
necessary for the operational demands of such uses.
B. Except as otherwise approved as part of a specific plan for the
property, the uses permitted in the VC zoning district are listed in Table
9-5.
Chapter 9.80 NONRESIDENTIAL PERMITTED USES
9.80.010 Development permits required.
Whether a nonresidential land use or structure is permitted within a zoning
district shall be determined in accordance with this title. In most cases
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 102 of 334
development to establish a use also requires approval of a site development
permit and/or other permits as set forth in Chapter 9.210., approval of a specific
plan is required for any development or land division in the CR district. (Ord. 284
§ 1 (Exh. A) (part), 1996)
9.80.020 Table of permitted uses.
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in
Nonresidential Districts, following, specifies those uses and structures
which are permitted within each nonresidential district. The letters in
the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use
permit is approved.
4. W": Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "V: Prohibited in the district.
7. "S": Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5
are not permitted unless the planning or the planning commission
determines that such use is within one of the permitted use categories
listed (e.g., principal use, conditional use, etc.) in accordance with
Section 9.20.040.
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
i
a�
a
�
oo 2
14
�a
3
�°
C= Conditional use
permit
o�
E
L
E E
od
E
E
w E
E=
O
= E
M= Minor use permit
d E
E E
s
1
v
T= Temporary use
W v
E
0 0
M y
0
0
o a_
0
permit
v
z
F
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Retail Uses
Retail stores under
10,000 sq. ft. floor area
P
P
P
P
P
P
X
P
per business
Retail stores', 10,000—
50,000 sq. ft. floor area
P
P
P
P
X
X
X
P
Retail stores', over
50,000 sq. ft. floor area
P
C
M
X
X
X
X
X
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 103 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
= L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
a�i E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Food, liquor and
convenience stores under
10,000 sq. ft. floor area,
P
A
P
P
A
A
X
P
open less than 18
hours/day2
Food, liquor and
convenience stores under
M
10,000 sq. ft. floor area,
M
X
M
M
M
X
X
open 18 or more
hours/day2
Plant nurseries and
garden supply stores,
with no propagation of
plants on the premises,
P
X
P
P
X
X
X
subject to Section
P
9.100.120 (Outdoor
storage and display)
Showroom/catalog
stores, without substantial
P
P
P
X
X
X
X
X
on -site inventory
General Services
Barbershops, beauty, nail
and tanning salons and
P
A
P
P
P
A
X
P
similar uses
Miscellaneous services
such as travel services,
photo and video services,
shoe repair, appliance
P
A
P
P
P
A
X
repair, and similar uses
P
Laundromats and dry
cleaners, except central
P
X
P
P
P
X
X
M
cleaning plants
Printing, blueprinting and
copy services
P
P
P
P
P
P
X
P
Pet grooming —without
overnight boarding
P
X
P
P
P
X
X
p
Office and Health Services
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 104 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
= L
io
= L
��
-� L
m L
0 L
� �
� L
permit
o�
E
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.2)o
0
0
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Banks
P
X
P
P
P
P
X
P
General and professional
P
P
P
P
P
P
P
P
offices
Medical offices —
physicians, dentists,
optometrists,
P
P
P
P
P
P
X
chiropractors and similar
P
practitioners, 3 or fewer
offices in one building
Medical centers/clinics—
four or more offices in
P
X
P
C
X
P
X
P
one building
Surgicenters/ medical
P
P
P
C
X
P
X
X
clinics
Hospitals
C
X
X
X
X
X
C
X
Convalescent hospitals
C
X
C
X
X
X
C
X
Veterinary clinics/animal
hospitals and pet
M
M
M
M
X
X
X
boarding (indoor only)
I
M
Dining, Drinking and Entertainment
Uses
Restaurants, other than
P
A
P
P
P
X
A
P
drive -through
Restaurants, drive-
P
A
P
X
P
X
X
X
through
Restaurants, counter
take-out with ancillary
seating, such as yogurt,
P
P
P
P
P
X
A
ice cream, pastry shops
P
and similar
Bars and cocktail
lounges
C
C
C
C
C
X
X
C
Dance clubs and
nightclubs
C
C
C
X
C
X
X
C
Dancing or live
entertainment as an
A
A
A
A
A
X
X
A
accessory use
Theaters, live or motion
P
X
M
M
M
X
A
M
picture
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 105 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
C L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
U
L.
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
aa) E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.2)o
0
0
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Tobacco shops without
onsite smoking, as per
the provisions of the
P
X
P
P
A
X
X
P
Heath and Sanitation
Code
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
M
X
M
M
A
X
X
per the provisions of the
M
Health and Sanitation
Code
Recreation Uses
Bowling alleys
P
X
P
X
P
X
X
C
Pool or billiard centers as
C
C
C
X
C
X
X
a principal use
C
Pool or billiard tables as
accessory use (3 tables
A
A
A
A
A
A
X
A
or less)
Game machines as an
A
A
A
A
A
A
X
accessory use
A
Golf courses and country
clubs (see GC district
X
X
X
X
A
X
X
X
permitted uses, Chapter
9.120)
Driving range unlighted
P
A
C
X
P
A
P
X
Tennis clubs or
C
A
C
X
X
A
C
X
complexes
Health clubs, martial arts
studios, and dance
P
P
P
P
P
P
P
studios, 5,000 sq. ft. floor
P
area or less
Health clubs, martial arts
studios, and dance
M
M
M
M
M
M
M
studios, over 5,000 sq. ft.
M
floor area
Libraries
P
P
P
P
P
P
P
P
Museum or
P
P
P
P
P
P
P
P
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 106 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
C L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
U
L.
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
aa) E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o U-
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Arts and crafts studios,
P
P
P
P
P
P
P
P
including classes
Parks, unlighted
playfields and open
P
P
P
P
P
P
P
P
space
Lighted playfields
X
X
X
X
X
X
C
C
Bicycle, equestrian and
P
P
P
P
P
P
P
hiking trails
P
Indoorpistol or rifle
X
C
X
X
X
X
X
rangesX
Miniature golf/recreation
C
X
X
X
M
X
X
centers
X
Ice skating rinks
M
M
M
X
M
X
M
X
Assembly Uses
Lodges, union halls,
social clubs and
P
P
P
P
X
X
P
P
community centers
Churches, temples and
M
M
M
M
X
M
X
other places of worship
M
Mortuhomearies and funeral
M
M
M
X
X
X
X
X
Public and Semipublic Uses
Fire stations
P
P
P
P
P
P
P
P
Government offices and
P
P
P
P
P
P
P
police stations
P
Communication towers
and equipment
C
(freestanding, new
C
C
C
C
C
C
C
towers) subject to
Chapter 9.170
Communication towers
and equipment (co -
location, mounted to
M
M
M
M
M
M
M
existing facility) subject to
M
Chapter 9.170
Electrical substations
X
M
X
X
X
X
M
X
Water wells and pumping
P
P
P
P
P
P
P
stations
P
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 107 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
C L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
U
L.
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
a�i E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Reservoirs and water
X
X
X
X
X
X
Ptanks
X
Public flood control
P
P
P
P
P
P
P
facilities and devices
P
Colleges and universities
C
M
X
X
X
M
C
C
Vocational schools, e.g.,
barber, beauty and
M
C
C
X
X
C
C
C
similar
Private elementary,
intermediate and high
C
C
C
C
C
C
C
C
schools
Helicopter pads
X
X
X
X
C
X
C
X
Public or private kennels
and animal shelters (with
X
C
X
X
X
X
C
indoor or outdoor pet
X
boarding)
Residential, Lodging and
Child daycare
Uses
Existing single family
X
X
X
X
X
X
X
P
home
Townhome and
multifamily dwelling as a
C3
C4
C
C
C
C
X
C
primary use3A
Residential as an
accessory use, e.g.,
M
M
M
M
M
M
M
caretaker residences per
M
Section 9.100.160
Child daycare facilities,
centers and preschools
as a principal use, subject
M
M
M
M
X
M
M
to Section 9.100.240
M
(also see Accessory
Uses)
Senior group housing
X
X
X
X
X
X
X
M
Rooming and boarding
X
X
X
X
X
X
X
M
houses
Single room occupancy
(SRO) hotels, subject to
C
X
X
X
X
X
X
X
Section 9.100.250
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 108 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
= L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
a�i E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.0 v
v
v
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Emergency shelters
P
P
P
P
P
P
P
X
Transitional shelters for
homeless persons or
C
X
X
X
X
X
C
X
victims of domestic abuse
Single family residential
X
X
X
X
X
X
X
X
Mixed -use projects
P
P
P
P
P
P
X
subject to 9.110.130
P
RV rental parks and
ownership/membership
X
X
X
X
M
X
X
X
parks
Resort residential
S
X
C
X
C
X
X
Hotels and motels
P
X
P
X
P
X
X
P
Timeshare facilities,
fractional ownership,
P
X
P
X
P
X
X
P
subject to Section
9.60.290
Automotive Automobile Uses5
Golf cart, neighborhood
electric vehicle (NEV),
P
P
P
M
X
X
X
and electric scooter sales
M
Automobile service
stations, with or without
C
C
C
C
X
X
X
C
minimart subject to
9.100.230
Car washes
M
M
M
X
X
X
X
X
Auto body repair and
painting; transmission
X
C
X
X
X
X
X
X
repair
Auto repair specialty
shops, providing minor
auto maintenance: tire
C
C
C
X
X
X
X
sales/service, muffler,
X
brake, lube and tune-up
services
Auto and motorcycle
M
M
X
X
X
X
X
sales and rentals
X
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 109 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
C L
io
= L
��
-� L
m L
0 L
� �
� L
permit
o�
E
U
L.
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
a) E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o U-
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Used vehicle sales, not
associated with a new
C
C
X
X
X
X
X
vehicle sales facility, as
X
per Section 9.100.260
Truck, recreation vehicle
C
C
X
X
X
X
X
and boat sales
Auto parts stores, with no
repair or parts installation
P
P
P
P
X
X
X
P
on the premises
Auto or truck storage
yards, not including
X
C
X
X
X
X
X
dismantling
X
Private parking
lots/garages as a
C
C
C
X
C
C
X
principal use subject to
C
Chapter 9.150, Parking
Warehousing and Heavy Commercial
Uses5
Wholesaling/distribution
centers, general
C
P
X
X
X
X
X
X
warehouses with no sales
to consumers
Mini -storage
X
X6
X
X
X
X
X
X
Lumber yards, outdoor
(see retail stores for
X
M
X
X
X
X
X
indoor lumber sales)
X
Pest control services
M
P
X
X
X
X
X
X
Contractor offices, public
utility and similar
X
M
X
X
X
X
P
X
equipment/storage yards
Central cleaning or
X
X
X
X
A
X
X
laundry plants
X
Industrial and Research
Uses
Indoor manufacture and
assembly of components
or finished products
X
P
X
X
X
X
X
X
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 110 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
C L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
U
L.
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
aa) E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o U-
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Research and
P
P
X
X
X
X
X
development
X
Recording studios
M
P
X
X
X
X
X
M
Bottling plants
X
P
X
X
X
X
X
X
Recycling centers as a
primary use, collection
X
C
X
X
X
X
C
and sorting only, subject
X
to Section 9.100.190
Off -site hazardous waste
facilities
X
C
X
X
X
X
X
X
Accessory Uses and Structures
Construction and guard
offices, subject to
P
P
P
P
P
P
P
P
9.100.170
Portable outdoor vendor
uses subject to Section
M
M
M
M
M
M
M
9.100.100
M
Swimming pools as an
A
A
A
A
A
A
A
accessory use
A
Indoor golf or tennis
facilities as an accessory
A
A
A
A
A
A
A
A
use
Outdoor golf or tennis
facilities as an accessory
M
M
M
M
M
M
M
M
use
Antennas and satellite
dishes, subject to Section
A
A
A
A
A
A
A
9.100.070
A
Reverse vending
machines and recycling
A
A
A
A
X
X
A
dropoff bins, subject to
M
Section 9.100.190
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 111 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
= L
io
= L
��
-� L
m L
0 L
� �
� L
permit
o�
E
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
a�i E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Incidental on -site
products or services for
employees or
A
A
A
A
A
A
A
businesses, such as child
day care, cafeterias and
A
business support uses
Other accessory uses
and structures which are
customarily associated
with and subordinate to
the principal use on the
premises and are
A
A
A
A
A
A
A
consistent with the
A
purpose and intent of the
zoning district, as
determined by the
director
Temporary Uses
Christmas tree sales,
subject to Section
T
T
T
T
X
X
T
T
9.100.080
Halloween pumpkin
sales, subject to Section
T
T
T
T
X
X
T
T
9.100.080
Stands selling fresh
produce in season,
T
T
T
T
X
X
T
T
subject to Section
9.100.090
Sidewalk sales, subject to
T
T
T
T
T
T
X
Section 9.100.120
T
Temporary outdoor
T
events, subject to Section
T
T
T
T
T
T
T
9.100.130
Use of relocatable
building, subject to
T
T
T
T
T
T
T
T
Section 9.100.180
Holiday period storage
M
M
M
M
M
M
M
subject to 9.100.145
M
Other Uses
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 112 of 334
Table 9-5
Permitted
Uses in Nonresidential
Districts
P = Permitted use
L
A = Accessory use
'E
a
j6
°o as
14
a
�
6-
C= Conditional use
= L
io
= L
-� L
m L
0 L
� �
� L
permit
o�
E
��
E E
c�'
E
add
3 E
w E
E=
o
M°'
= E
M= Minor use permit
a�i E
°'
E E
s E
o f
~
O E
v
T= Temporary use
W 0
E
v v
.� 0
v
0
o�
0
permit
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Sexually oriented
businesses, subject to
C
X
X
X
X
X
X
X
Section 9.110.0807
Medical marijuana
X
X
X
X
X
X
X
dispensaries
X
Other uses not listed in this table: per Section 9.20.040, director or planning commission to
determine whether use is permitted
Notes:
1 Unless use is specifically listed elsewhere in this table.
2 With no consumption of alcohol on the premises.
3 If part of a mixed -use project per Section 9.140.120.
4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, 9.60.270.
5 Subject to Section 9.100.110, Outdoor storage and display.
6 Mini -storage warehousing operating on December 17, 2008 (the effective date of the
ordinance codified in this section), are considered legal, conforming land uses. Existing
facilities may be reconstructed if damaged, and may be modified or expanded
within the boundaries of the lot on which they occur as of December 17, 2008 with
approval of a site development permit. Any modification or expansion shall conform to
the development standards for the commercial park zoning district contained in Chapter
9.90, Nonresidential Development Standards.
7 Property must also be located within the SOB (sexually oriented business) overlay
district.
(Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009;
Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1, 2005;
Ord. 397 § 1 (Exh. A), 2004; Ord. 325 § 1 (Exh. A), 1998; Ord. 307 § 1, 1997;
Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.90 NONRESIDENTIAL DEVELOPMENT STANDARDS
9.90.010 Maximum building height.
For purposes of this code, the maximum height of buildings and other structures
shall be defined as the vertical distance from finish grade to an imaginary plane
above the building site. The imaginary plane shall be established above and
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 113 of 334
parallel to the finish grade adjacent to the exterior walls at a vertical distance
equal to the specified maximum height. This definition is illustrated below:
STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE
Max.
-Heigh
-F::
Max.
Height tsh Grade A oundExta"Oo ks
I Frn
Figure 9-8: Measurement of Building Height
(Ord. 284 § 1 (Exh. A), 1996)
9.90.020 Roof projections.
A. Encroachments Permitted. Notwithstanding Figure 9-8, architectural
features not containing usable square footage, such as chimneys,
towers, and spires, are permitted to extend fifteen feet above the
maximum structure height set forth in Table 9-6 if approved as part of
a site development or other permit. The aggregate floor or "footprint"
area of such architectural features shall encompass no more than ten
percent of the ground square footage of the structure.
B. Antennas. Satellite dish or other antennas shall not extend above the
maximum structure height specified in Table 9-6 (see Chapter 9.170
for telecommunication facilities and Section 9.100.070, Satellite and
other antennas). (Ord. 492 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998;
Ord. 284 § 1 (Exh. A), 1996)
9.90.030 Wall projections.
A. Permitted Encroachments. Roof overhangs, chimneys, awnings and
canopies may encroach a maximum of three feet into any of the
required setbacks specified in Table 9-6 provided such projections do
not extend over the property line.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 114 of 334
B. Prohibited Encroachments. Seating windows, balconies, exterior
stairways and similar features shall not encroach into required
setbacks. (Ord. 284 § 1 (Exh. A), 1996)
9.90.040 Table of development standards.
Table 9-6 and the illustrations in Section 9.90.050 set forth standards for the
development of property within nonresidential districts. Notwithstanding Table 9-
6, different standards shall apply if special zoning symbols, described in Section
9.20.030, are designated on the official zoning map.
Table 9-6 Nonresidential Development Standards
District
Development Standard
CR
CP
CC
CN
CT
CO
MC
VC
Minimum —Maximum
n/a
n/a
n/a
1-20
n/a
n/a
n/a
building site (acres)
n/a
Maximum
building height
50
35
40
35
40
40
40
35
(ft
Maximum number of
4
2
3
2
3
3
3
2
stories
Maxim(FAR)zum floor area ratio
.35
.50
.30
.25
.25
.30
n/a
n/a
From Highway
111 right -of-
50/50
50/50
50/50
n/a
n/a
n/a
n/a
way'
n/a
From all image
corridor rights-
n/a
of -way' (except
Minimum
Hwy 111) and
30/20
30/20
30/20
30/20
30/20
30/20
30/20
perimeter
from all major
building/
and primary
landscape
arterials
setbacks
From all other
(in ft.)4
perimeter street
20/10
20/10
20/10
20/10
20/10
20/10
20/10
rights -of -way'
n/a
From
residential
districts and
50/10
50/10
50/10
30/155
30/155
30/155
30/155
PR, OS and
10/0
GC districts'
Minimum setback from
0
0
0
0
0
0
0
interior property lines
0
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 115 of 334
within the same project
Parking and signs
See Chapters 9.150 and 9.160
Fences and walls
See Section 9.100.030
Landscaping and
screening
See Sections 9.100.040 and 19.100.050
Notes:
All minimum perimeter setbacks shall be increased one foot for every foot in height that
building is above thirty-five feet. Mixed use projects are exempt from this requirement.
2 FAR means the gross floor area of all buildings divided by the building site area.
s See General Plan Exhibit II-4.
4 Landscape setback shall consist of landscaped area within the building setback. Number
given is minimum landscaped setback from the street right-of-way. The remaining building
setback may contain parking, driveways and similar facilities. In addition to above landscape
setbacks, interior landscaping shall be required as a percentage of the net project area as
follows: parking areas: minimum five percent; nonparking areas: minimum five percent (also
see Section 9.100.040).
5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20.
6 Not including basements. Also, notwithstanding above table, the maximum structure height
equals twenty-two feet for all buildings within one hundred fifty feet of any general plan image
corridor and major or primary arterials.
(Ord. 466 § 1, 2009; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 §
1 (Exh. A), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 116 of 334
9.90.050 Illustration of development standards.
Figure 9-9:
DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS
CR, CP AND CC DISTRICTS;
MCR ix' -5
CID -.50
CC - .30
Min. 50' Building Setback
from Highway 111 Right -of Way
Project Boundary
Min SO" Landscape Setback
� Y
Min. 20' Building
0
Setback from all
m
aU
Mi . 30' Building
Perimeter Street
E CC
S Aback from
R.O.W.'s (othertha 1
w
Image Corridors (other
Image Corridors
CpUndsap.Setbck
R o c
tha Highway 111)
with Major or Prima
w a
and ajor or Primary
Arterials)
6o
n
Arterials
e
Min. 1
it n. 5 L,—d.—,p,Setb-k
t
Min. 50' Building
Min. 10' Building Setback from
Setback from Residential,
Abutting Commercial. Office.
PR, OS and CC Districts
Industrial, and MC Properties
INTERIOR LANDSCAPING REQUIRED IN ALL DISTRICTS (in addition to landscape
setbacks) AS A PERCENT OF NET PROJECT AREA:
WITHIN PARKING AREAS: 15%
WITHIN NON -PARKING AREAS: 5%
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 117 of 334
Max: FAR's
CN, CT, CO, AND NIC DISTRICTS:
CCT N - .26
CO-.30
(MC: nla)
Project Boundary
I $N
Min. 20' Buildin
Setback from all
c
Mi i. 30' Building
Perimeter Street
R
`
S Aback from
R.O.W."s (otherth n'
ImageCorridors (other
Image Corridors
I?
thai Highway 111 )
with Major or Prim ry
o
and I lajor or Primary
Arterials)
o
Arterials
Min.15' scaPe 3etbacR ..
f2o" R W Bdild gsUvar QneSioryj ,
1: Ire. S' ti smdisrittpa.8efl?aGk
Min. 30' Building
Min. 10' Building Setback from
Setback from Residential,
Abutting Commercial. Office,
PR, CIS and CC Districts
Industrial, and MC Properties
(40" for bldgs, over one story)
(Ord. 284 § 1 (Exh. A) (part), 1996)
9.90.060 Irregular lots.
A. Purpose. The purpose of this section is to provide standards for the
establishment and measurement of setbacks on irregular lots.
B. Perimeter Setbacks. Perimeter setbacks shall be measured from the
property line or the ultimate street right-of-way line, whichever results
in the larger setback.
C. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at
the closest point between the building and the angled lot line.
D. Flag or Panhandle Lots.
1. Definition. For purposes of this section, "panhandle lot," "flag lot,"
"panhandle building site," and "flag building site" all mean the
following: a lot or building site having its only vehicular access by
way of a narrow access way which serves no other property and
which is less than forty feet wide and more than twenty feet long.
2. Setbacks. All setbacks shall be the same as for other lots in the
applicable district. The front lot line shall be the line closest to
parallel to the street on which the lot accesses, unless determined
otherwise by the Director.
3. No Structures in Panhandle. No structures shall be permitted in the
panhandle portion of the lot nor shall that portion be credited to
minimum lot area requirements.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 118 of 334
E. Determination by Director. Where a building site is situated such that
any of the property lines are not readily determinable, required
setbacks shall be as determined by the director in compliance with the
following criterion: required setbacks shall not permit the placement of
buildings on the site in a manner that will constitute a grant of special
privileges inconsistent with the limitations placed on other properties in
the vicinity and incompatible with surrounding uses. (Ord. 284 § 1
(Exh. A) (part), 1996)
9.90.070 Setbacks from surface easements.
Where a surface easement for street, vehicular access, bikeway or recreation
trail purposes has been granted across any portion of a lot, the building setback
shall be measured from the property line or to the edge of easement, whichever
is closer to the building. (Ord. 284 § 1 (Exh. A) (part), 1996)
Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS
9.100.010 Purpose and intent.
This chapter sets forth requirements for outdoor storage, sidewalk sales, service
stations, noise control, and other special aspects of land use in nonresidential
districts. These requirements are in addition to the other regulations set forth in
this zoning code. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.020 Parking and signs.
Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign
regulations. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.030 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.
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. In addition, the following provisions shall
apply to the measurement of fence height:
1. Open railings, up to forty-eight inches high, placed on top of a
retaining or other wall and required for pedestrian safety shall not
be included in the height measurement.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 119 of 334
2. Fences thirty inches or more apart (between adjoining faces) shall
be considered separate structures and their heights shall be
measured independently provided the area between the fences is
landscaped and provided with a permanent irrigation system.
Fences less than thirty inches apart shall be considered one
structure and fence height shall be measured from the base of the
lower fence to the top of the higher fence.
C. Height Standards. 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 feet.
2. Setback Areas Not Bordering Streets. The maximum height shall
be six feet within any required front, rear or side setback area not
adjoining a street. However, 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 from
the elevation of the adjoining building site to the top of the fence.
Adjacent to any residential district, fence height shall not exceed
eight feet measured from either side.
3. Setback Areas Bordering Street, Alleys and other Accessways.
a. Maximum fence height shall be thirty inches within the first ten
feet of the required front setback area (measured from the
street).
b. Where, because of the orientation of the lots, a property line
fence borders both a front yard on one lot and a rear yard on
the adjacent lot, the maximum height shall be six feet.
c. Any portion of a building site where vehicular access is taken
shall conform to the access intersection requirements of
subsection D of this section.
d. City- or state -required sound attenuation walls bordering
freeways or arterial highways may exceed six feet in height if so
recommended by a noise attenuation study and approved by
the director.
D. Visibility at Intersections. In regulating fences and other visual
obstructions, it is necessary to preserve motorist sight distances and to
maintain visual openness. Therefore, notwithstanding subsection
(C)(3) of this section, the height of fences, trees, shrubs, and other
visual obstructions shall be further restricted as follows:
1. The height of fences, trees, shrubs and other visual obstructions
shall be limited to a maximum height of thirty inches within the
triangular area formed by drawing a straight line:
a. Between two points located on and twenty feet distant from the
point of intersection of two ultimate street right-of-way lines;
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 120 of 334
b. Between two points located on and five 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 feet wide.
2. 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 lines.
3. The height restrictions of this subsection shall apply to fences,
walls, trees, shrubs, vegetation, or any other material which
obstructs or may obstruct visibility.
E. 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 or its nonconformance with these standards otherwise
increased. Any fence which is destroyed or damaged to the extent of
more than fifty percent of its total replacement value shall not be
repaired, rebuilt or reconstructed except in conformance with the
standards of this section.
F. Prohibited Fence Materials. The use of barbed wire, razor wire or
similar materials in or on fences is prohibited in all nonresidential
zones. In addition, chain link fencing is prohibited in any location where
it is readily visible from off the site. (Ord. 325 § 1 (Exh. A) (part), 1998;
Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.040 Landscaping.
A. Landscape Plans. A landscape and irrigation plan shall be prepared
and implemented for all development projects. Landscaping shall
consist primarily of trees, shrubs, vines, groundcover, inert materials,
or any combination thereof.
B. Landscaping Standards. Landscaping shall be installed and
maintained in accordance with the following standards:
1. In addition to the perimeter landscape setbacks required per
Section 9.90.040, interior landscaping shall be provided as follows:
a. Landscaping equal to at least five percent of the net parking
area shall be provided within parking areas. Parking area
landscaping shall be in accordance with the requirements of
Section 9.150.080 (Parking facility design standards).
b. Landscaping equal to five percent of the net project area to be
provided within non -parking areas, such as next to buildings.
Totally enclosed uses within the commercial park district such
as storage facilities are exempt.
c. Perimeter landscape setbacks shall not be credited toward the
interior landscaping requirement.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 121 of 334
2. All landscaped areas shall be separated from adjacent parking or
vehicular areas by a curb at least six inches higher than the parking
or vehicular area to prevent damage to the landscaped area.
3. Permanent automatic irrigation facilities shall be provided for all
landscaped areas.
4. All landscaping shall be maintained in a neat, clean and healthy
condition at all times, including proper pruning, mowing of lawns,
weeding, removal of litter, fertilizing, replacement of plants when
necessary, and regular watering.
5. Height of landscaping along all streets and boundaries shall comply
with Section 9.100.030 (Fences and walls).
6. The majority of the plant material used in landscaped areas shall
be water efficient and drought tolerant.
7. Perimeter setback and parkway areas in the street right-of-way
shall have berms and mounds to screen parking areas in the
adjacent commercial property. One hundred percent of the
longitudinal length adjacent to the street shall have berms and
mounds exceeding three feet, but not more than four feet. The
berms and mounds shall be undulated and fluctuating in position to
accommodate the meandering sidewalk and shall cover not less
than sixty-five percent of the landscape setback area. Incidental
storm water that falls on said setback areas may be retained on the
setback area.
C. Use of Landscape Setback Areas for Retention along Highway 111
Only. The landscape setback area shall not be used for storm water
retention for storm water falling on the project site, but may be used for
some storm water retention for storm water falling within the setback
area itself and the adjacent street right-of-way provided the retention
areas are designed to the following guidelines:
1. The maximum depth of the depressed areas for storm water
retention shall not exceed 2.0 feet below the adjacent street curb.
2. The maximum slope steepness shall not exceed four to one
anywhere in the landscaped setback area, and shall not exceed
eight to one in the first six feet adjacent to the curb in the right-of-
way.
3. The basin areas shall have a curvilinear perimeter.
4. The sidewalk shall not enter any retention area where the sidewalk
may be subject to inundation by any fifty-year storm. (Ord. 414 § 1
(part), 2005; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part),
1997; Ord. 284 § 1 (Exh. A) (part), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 122 of 334
9.100.050 Screening.
A. Screening Required. Screening shall be provided for all nonresidential
uses in accordance with this section. The planning commission may
also modify screening requirements.
B. Screening of Mechanical Equipment. Roof -mounted mechanical
equipment such as air conditioning, ventilating units, ducting, roof
access structures, etc., shall be screened as follows:
1. Screening shall be provided so that the highest point of the
equipment is below the surrounding parapet wall or other screening
enclosure such that the equipment is not visible from a horizontal
line of sight.
2. Screening enclosures shall be an integral part of the roof design
and not appear as an "add -on."
3. Wall -mounted exterior roof access ladders are prohibited if visible
from on -site pedestrian plazas, courtyards, or walkways.
C. Screening of Facilities. Storage, trash and loading area facilities shall
be screened as follows:
1. Storage Areas. All storage, including cartons, containers, materials
or equipment shall be screened from public view as required by
Section 9.100.110 (Outdoor storage and display).
2. Trash Areas. All outdoor trash and waste bins shall be enclosed by
a solid wall not less than six feet in height in accordance with
Section 9.100.200. Gates shall not open toward a public street.
Landscaping or decorative overhead structures such as trellises
shall be integrated into the enclosure design if it is visible from
higher terrain or buildings.
3. Loading Areas. Loading platforms and berths shall be screened
from adjacent streets and from residential, open space and
recreation areas.
D. Screening of Property. Screening of property shall be installed in
accordance with the following standards:
1. Height Standards. All screening shall comply with the height
standards of Section 9.100.030 (Fences and walls).
2. Abutting Residential and Open Space Areas. Screening shall be
installed along all building site boundaries where the premises abut
areas zoned or designated for residential or open space uses.
Required screening shall be at least six feet in height except where
prohibited by Section 9.100.030 (Fences and walls).
3. Parking Along Public Streets. Screening shall be installed to shield
views of parking areas from public streets in accordance with
Section 9.150.080 (Parking facility design standards).
4. Allowance for Grade Differential. In order to take into account the
effect of grade differentials on visibility, the city decision -making
authority may require increased or decreased screening than that
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 123 of 334
set forth in this section if the finished elevation within five feet of the
site boundary is different from that of the building site.
5. Wall Articulation. To avoid visual monotony, long straight stretches
of wall or fence shall be avoided. Walls and fences shall be varied
by the use of such design features as offsets (i.e., jogs), open
panels (e.g., containing wrought iron), periodic variations in
materials, texture or colors, and similar measures.
6. Wall Planting. Shrubs and/or vines shall be planted on one or both
sides of perimeter walls to add visual softening except where
determined infeasible or unnecessary by the decision -making
authority. Plant spacing shall be appropriate to the growth habits of
the selected plant species and shall be designed to provide interest
and variety along the wall rather than creating a complete covering
of the entire wall surface. Where the decision -making authority
determines that screening is not required, walls may incorporate
tubular steel, wrought iron or other open design.
7. Screening Materials. Screening shall consist of one or a
combination of the following types:
a. Walls. A wall shall consist of concrete, stone, brick, tile or
similar type of solid masonry material a minimum of six inches
thick. Walls shall utilize durable materials, finishes and colors
consistent with project buildings.
b. Solid Fences. Solid fences may be used for screening, and the
materials used for these fences, if approved by the decision -
making authority.
c. Berms. Landscaped berms may be used for screening or in
combination with walls, solid fences, and plant screens.
d. Plant Screens. Plant materials, when used as a screen, shall
consist of compact evergreen plants. Such planting shall
provide screening at initial installation.
(Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.100.060 Detached accessory structures.
A. Permitted Accessory Structures. Detached accessory structures are
permitted on nonresidential parcels containing a primary use subject to
the following requirements:
1. Foundation. Accessory structures shall be placed on a permanent
foundation.
2. Height and Placement. Except as specified in subsection (A)(3)(a)
of this section, detached accessory structures may be placed or
constructed only where main buildings are permitted and shall not
exceed twelve feet in height.
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3. Setback Reductions. Detached accessory structure shall be
screened from both street and public parking area views, subject to
the following requirements:
a. Height. The height limit for buildings which are less than ten feet
from the property line shall be ten feet.
b. Screening. Screening materials shall be not less than six feet
high and shall be in compliance with Section 9.100.030 (Fences
and walls). Screening may consist of one or more of the
following:
i. Walls. A wall shall consist of concrete, stone, brick, tile or
similar type of solid masonry material a minimum of four
inches thick.
ii. Solid Fences. A solid fence shall be constructed of wood
or other materials to form an opaque screen.
iii. Planting. Plant materials, when used as a screen, shall
consist of compact evergreen plants provided with a
permanent automatic irrigation system. They shall be of a
kind, or used in such a manner, as to provide screening
having a minimum thickness of two feet within eighteen
months after initial planting. Plant materials shall be
maintained in a neat, clean and healthy condition at all
times.
B. Prohibited Locations. Detached accessory structures are prohibited in
the following locations:
1. Where fences and walls are limited to a maximum height of two
and one-half feet as specified in Section 9.100.030 (Fences and
walls).
2. Within the front fifty feet or front half of any building site, whichever
is less.
3. Within the panhandle portion of a panhandle building site. (Ord.
325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A),
1996)
9.100.070 Satellite dish and other antennas.
A. Permits Required. The following antennas are allowed in
nonresidential districts:
1. Permitted Commercial Antennas. Commercial television, radio,
microwave, communication towers, and related facilities are
permitted as principal uses in all districts subject to approval of a
conditional use permit and conformance with the requirements of
Chapter 9.170 (Wireless Telecommunication Facilities)
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2. Permitted Accessory Antennas Other than Those Described Above.
Roof -mounted antennas screened from a horizontal line of sight
and ground -mounted antennas which do not exceed ten feet in
height and which meet the requirements of subsection B of this
section may be permitted as accessory structures. All other
antennas shall require approval of a conditional use permit.
B. Development Standards. Antennas within nonresidential districts may
be ground -mounted or building -mounted provided the following
requirements are met:
1. Any antenna which is the principal use on a lot shall comply with
the district setback standards for main buildings.
2. A ground -mounted antenna which is an accessory use shall be
located within the rear yard (minimum five-foot from the rear
property line) or may be located within a side yard if not within the
required side yard setback. Ground -mounted antennas are
prohibited from exterior (street) side yards unless not visible from
the street.
3. Antennas, including roof -mounted antennas, shall not exceed the
building height standards for the district in which they are located.
4. All accessory antennas shall be screened from both horizontal and
vertical line of sight. Decorative overhead structures such as
trellises may be required if the antenna is visible from surrounding
higher buildings or terrain.
5. Compliance with Chapter 9.170 of the LQMC. (Ord. 492 § 1, 2011;
Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.100.080 Holiday sales lots (including Christmas tree lots and Halloween
pumpkin sales lots).
Temporary Holiday sales facilities are permitted subject to approval of a
temporary use permit and the following requirements:
A. The facility shall not be established prior to 30 days prior to the Holiday
in any calendar year.
B. Such a facility shall not engage in the sale of any merchandise not
directly associated with the applicable Holiday.
C. The applicant shall secure an electrical permit.
D. The facility shall be removed and the premises shall be cleared of all
debris and restored to the condition existing prior to the establishment
of the facility within 15 calendar days of the applicable Holiday. A cash
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bond or other guarantee shall be posted prior to establishment of the
facility to ensure cleanup.
E. Each facility shall comply with fire prevention standards as approved
and enforced by the fire marshal.
F. Off-street parking and vehicular access shall be provided to the
satisfaction of the Director.
G. Signs shall be restricted to one banner sign per street frontage, each
sign not exceeding thirty-two square feet. Other signs and advertising
devices such as pennants, flags, A -frame signs, are prohibited. (Ord.
480 § 1, 2010; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.090 Produce and flower stands.
Temporary fresh produce and flower stands are permitted subject to approval of
a temporary use permit and the following requirements:
A. Fresh produce and flowers may be sold from a temporary sales facility.
The temporary use permit for a sales facility shall include permitted
dates of operation.
B. A fresh produce sales facility shall be open for business only during
the season when locally grown produce and flowers are harvested and
available for sale. The temporary use permit for a fresh produce stand
shall include permitted dates of operation, up to a maximum of ninety
days.
C. Such a facility may not sell items not directly associated with fresh
produce or flowers.
D. The applicant shall secure an electrical permit if electric power is to be
provided.
E. The facility shall be removed and the premises cleared of all debris
and restored to the condition prior to the establishment of the facility by
the date indicated on the temporary use permit. A cash bond or other
guarantee shall be posted prior to establishment of the facility to
ensure cleanup.
F. Each facility shall comply with fire prevention standards as approved
and enforced by the fire marshal.
G. Off-street parking and vehicular access shall be provided to the
satisfaction of the director.
H. Signs shall be restricted to one banner sign per street frontage, each
sign not exceeding thirty-two square feet. Other signs and advertising
devices such as pennants, flags, A -frame signs, and light strings are
prohibited. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part),
1997; Ord. 284 § 1 (Exh. A) (part), 1996)
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9.100.100 Outdoor vendors.
A. Definition. See Chapter 9.280
B. Minor Use Permit. An outdoor vendor use may be established as an
accessory use in any nonresidential district upon approval of a minor
use permit pursuant to Section 9.210.020. All such uses shall comply
with the following standards:
1. An outdoor vending use may only be established as accessory to
the principal use on the parcel.
2. The location of the outdoor vending use shall not interfere with
access to adjacent buildings or with pedestrian circulation. No
portion of the vending use shall be located in a parking lot, street,
or other area intended for vehicular parking, access or circulation.
3. The outdoor vending site shall not exceed one hundred fifty square
feet. The vending site includes all areas separated from pedestrian
access and used for vending activities, including storage.
4. The outdoor vending use shall not be located on public sidewalk or
within a public street right-of-way.
5. The operator/owner shall obtain other necessary licenses and
permits required for such activities by city ordinances. (Ord. 325 § 1
(Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.110 Outdoor storage and display.
A. Purpose. This section provides regulations for the permanent outdoor
storage and display of merchandise, materials and equipment.
B. Where Permitted. The storage and/or display of any merchandise,
materials or equipment outside of an enclosed building is prohibited
except where permitted in accordance with this section, Section
9.80.040 pertaining to permitted uses, Section 9.100.120 pertaining to
sidewalk sales and special events, or where permitted by a conditional
use permit.
C. Equipment, Lumber and Storage Yards. Any uncovered equipment
and/or materials storage area, including vehicle storage, shall comply
with the following regulations:
1. Use Permit. The establishment of any outdoor equipment or
materials storage use shall require approval of a conditional use
permit pursuant to Section 9.210.020.
2. Location. An equipment, material or storage yard use shall only be
located where a main building is permitted by the applicable district
regulations.
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3. Screening. Outdoor storage yards shall be screened whenever they
abut the boundary of the building site or are located between a
building and an abutting street. The screening materials shall be
not less than five feet high and shall be in compliance with Section
9.100.030 (Fences and walls). Screening may consist of one or a
combination of the following types:
a. Walls. A wall shall consist of concrete, stone, brick, tile or
similar type of solid masonry material a minimum of six inches
thick.
b. Solid Fences. Solid fences may be used for screening if
approved by the decision -making authority. Such fences shall
be constructed of wood or other materials with a minimum
nominal thickness of two inches and shall form an opaque
screen. 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. Plant Screens. Plant materials, when used as a screen, shall
consist of compact evergreen plants. Such planting shall be of a
kind or used in such a manner so as to provide screening with a
minimum thickness of two feet within eighteen months after
initial installation. Permanent automatic irrigation shall be
provided. If, eighteen months after installation, plant materials
have not formed an opaque screen or if an opaque screen is not
maintained, the planning director may require that a wall, solid
fence or berms be installed.
D. Outdoor Display and Sales. Outdoor sales and display areas in
conjunction with retail uses such as nursery and garden supply stores
or departments within retail stores shall comply with the following
standards:
1. Fencing. The outdoor sales and display area shall be enclosed by a
wall or fence at least four feet high which obscures views from
streets or public parking areas into the area. The color and
materials used to fence the area shall be complementary to the
color and materials used in buildings on -site. Chain link fencing is
not permitted.
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2. within an adjacent building, it shall be enclosed by a wall which is,
by exterior appearance, an extension of the adjacent building. The
design of the building and outdoor area shall appear as a single
structure.
E. Minor Outdoor Merchandise Display. A maximum of ten square feet
shall be allowed for outdoor display of merchandise. A permit shall be
established prior to any outdoor merchandise display occurring. The
outdoor display of merchandise shall be located immediately adjacent
to the business and at no time further than ten feet from said business,
shall not interfere with pedestrian access and ADA compliance, and
shall only be in place during business hours.
F. Outdoor Display and Sales for Commercial Retail Uses Greater than
One Hundred Thousand Square Feet. Outdoor display and sales areas
in conjunction with retail commercial businesses having over one
hundred thousand square feet of gross floor area (GFA) may be
permitted subject to the approval of a conditional use permit in
accordance with Section 9.210.020. The conditional use permit shall
establish standards for each facility in addition to the requirements of
this section:
1. Area. Outdoor display and sales areas shall not exceed ten percent
of the gross floor area of the retail commercial building.
2. Locations. Outdoor display and sales areas shall be restricted to
those locations identified on an approved plan -designated area and
shall comply with the following standards:
a. Permitted locations for outdoor display and sales areas shall be
in conformance with all current fire, health, building and safety
codes.
b. Outdoor display and sales areas may be permitted within
designated portions of sidewalk, patios, and similar areas within
proximity to the storefront.
c. No outdoor display and sales area shall obstruct an entrance or
exit to any building, impede the flow of pedestrian or vehicular
traffic, or obstruct access to any parking space or drive aisle.
d. Permanent modifications to the building, landscaping, or site
plan for purposes of outdoor display shall require approval
through the city's development review process.
3. Performance Standards. Items and materials to be displayed outdoors
within designated areas shall comply with the following standards:
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a. All items and materials to be displayed outdoors shall be in
conformance with current fire, health, building and safety codes.
b. No item shall be displayed in a manner that causes a safety
hazard or public nuisance.
c. Fixtures and tables used to display merchandise shall be
maintained in good repair.
d. Signs, flags, banners, placards, balloons, streamers, spot
lighting, amplified music, or similar features shall be prohibited
unless otherwise permitted and approved through a separate
sign permit.
e. Outdoor display and sales areas shall be kept clean and
maintained on a continual basis.
4. Authority to Suspend Operations. Failure to comply with these
provisions is subject to suspension or revocation of a permit.
G. Vehicle Sales. The outdoor display and sales of vehicles shall be
subject to the approval of a conditional use permit in accordance with
Section 9.210.020. The use permit shall establish standards for each
such facility. Such standards shall include at a minimum:
1. Landscaping. Perimeter landscaping conforming to that required for
the applicable zoning district per Chapter 9.90.
2. Lighting. Outdoor lighting conforming to the standards of Section
9.100.150.
3. Vehicle Display. Precise delineation of the location and limits of
outdoor vehicle display and storage areas, plus prohibition of focal
display areas elevated more than one foot above the average finish
grade of the overall outdoor display area. (Ord. 506 § 1, 2013; Ord.
497 § 1, 2012; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A),
1996)
9.100.120 Sidewalk sales and commercial events.
A. Purpose. This section provides regulations for: (1) the temporary
outdoor sale of merchandise by retail businesses, and (2) special
outdoor commercial events within shopping centers.
B. Definitions. See Chapter 9.280.
C. Temporary Use Permit Required. Sidewalk sales and special events in
commercial centers are permitted subject to issuance of a temporary
use permit and compliance with the following provisions:
1. Up to 6 sidewalk sales may occur annually. The applicant shall
notify the Planning Division a minimum of one week prior to each
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sidewalk sale. Failure to comply with this provision could lead to
revocation of the Temporary Use Permit.
2. The application for a temporary use permit for a sidewalk sale or a
special commercial event shall include a site plan indicating the
location of the temporary uses and demonstrating maintenance of
adequate parking, site circulation and emergency access.
3. A sidewalk sale or a special commercial event may be conducted
over a maximum of four consecutive days and no more than once
per month at any location, not to exceed six times per year. Each
special commercial event shall require the approval of a temporary
use permit. Special commercial events which benefit nonprofit
organizations can be held more than six times per year if
conducted on sidewalk areas and approved by the Director
regardless of who is sponsoring or participating in the event.
4. Adequate and legal pedestrian access shall be maintained around
merchandise or displays placed on a sidewalk or walkway.
5. Adequate vehicle access shall be maintained around merchandise,
displays or temporary structures placed in parking areas.
6. A cash bond or other guarantee shall be posted for removal of the
temporary use and cleanup and restoration of the activity site within
seven days of the conclusion of the event.
7. The application shall be reviewed by the fire marshal and the event
shall comply with fire prevention standards and emergency access
requirements as approved and enforced by the fire marshal.
8. Temporary signs may be permitted subject to the provisions of
Section 9.160.060 (Permitted temporary signs). (Ord. 497 § 1,
2012; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.100.130 Temporary outdoor events.
Temporary Special events include, but are not limited to pageants, fairs,
carnivals, large athletic, religious or entertainment events, and large
neighborhood or community gatherings. Such activities may be permitted in
compliance with the following provisions:
A. A temporary use permit shall be approved by the Director for
gatherings of fifty or more. The temporary use permit may be referred
to the planning commission as a business item at the discretion of the
director.
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B. Applications for permits or certificates required by this section shall be
referred by the Director to other affected city departments or other
public agencies for review and comment.
C. The following findings shall be made by the decision -making authority
in conjunction with approval of a temporary use permit:
1. The event will not be detrimental to the health, safety and general
welfare of the community in the area of the proposed event.
2. There is adequate area to conduct the event and to accommodate
the anticipated attendance.
3. Sufficient parking will be provided for the anticipated attendance.
4. 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.)
5. Fire protection plans and facilities have been provided to the
satisfaction of the fire marshal.
6. Security plans and facilities have been provided to the satisfaction
of the sheriff.
7. 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.
D. Activities conducted on property owned by or leased to the city and
public road rights -of -way may require an encroachment permit issued
by the public works director.
E. The event shall not exceed ten consecutive days. Events recurring
more than four times in a calendar year are not considered temporary
and shall not be eligible for approval under this section. Provided
however, fine art and craft shows may be approved for ten calendar
days in each month, except during city sponsored fine art events.
F. A cash bond or other guarantee for removal of the temporary use and
cleanup and restoration of the activity site to its condition before the
event within seven days of the event's conclusion shall be required.
G. Other applicable permits such as building, electrical, health and tent
permits, shall be obtained by the applicant.
H. Signs for the event shall be allowed as follows:
1. Maximum of one temporary banner per street frontage, not to
exceed thirty-two square feet.
2. Maximum one temporary portable sign on- or off -site on private
property, not to exceed fifty-five square feet.
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3. Maximum thirty off -site temporary directional signs, nine square
feet in area, subject to the provisions of Section 9.160.060,
subsections C through H with the exception of subsection E.
4. Maximum fifteen bunting signs, with maximum size to be approved
by the Director.
5. Posting period, locations and related details shall be as approved in
the temporary use permit for the event.
6. Other signs and advertising devices, such as pennants, flags, A -
frame signs, are prohibited. (Ord. 338 § 1 (Exh. A), 2000: Ord. 293
§ 1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.140 Seasonal sales businesses.
A. Purpose. This section provides regulations for temporary businesses
operating at a single location within an existing commercial building or
interior tenant space on a seasonal or short-term basis for a period not
to exceed ninety consecutive days within a calendar year. This chapter
shall not apply to those businesses which intend to operate, or have
been in operation, longer than a ninety -day period at a single location.
B. Where Permitted. Seasonal sales businesses may be permitted with a
temporary use permit as per Section 9.210.050 when identified as a
permitted land use under Section 9.80.040.
C. City Business License Required. All seasonal businesses shall obtain
a city business license and have a point of sale within the city of La
Quinta.
D. Signs. Temporary signs for seasonal sales businesses shall be
permitted in accord with Section 9.160.050 through approval of the
temporary use permit. Permitted temporary sign material shall be
limited to a minimum one -inch thick plastic formed lettering affixed to
the building fagade. All sign lettering shall promptly be removed upon
expiration of the temporary use permit and the fagade shall be restored
to its prior condition. Seasonal sales businesses shall not be permitted
an additional sign permit for a "grand opening" banner or permanent
sign. (Ord. 480 § 1, 2010).
9.100.145 Temporary holiday period outdoor storage.
A. Purpose. This section provides regulations for the temporary outdoor
storage of merchandise, materials and equipment specifically required
for interior sales and display during the period from November 1 to
January 15 (holiday period).
B. Where Permitted. The storage of any merchandise, materials or
equipment outside of an enclosed building is prohibited except where
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permitted in accordance with this section, Section 9.80.040 pertaining
to permitted uses, Section 9.100.120 and 9.10.130 pertaining to
sidewalk sales and special events, or where permitted by a conditional
use permit.
C. Permit Required. Holiday period storage can be included in a Site
Development Permit, when a commercial building is constructed; or
with a Minor Use Permit, if holiday period storage is to occur after a
commercial building has been constructed and occupied without
inclusion of holiday period storage in the Site Development Permit
application. If approved, holiday period storage can occur every year
subsequent to the approval without renewal, provided that the location,
number of storage facilities and fencing, if any, are consistent with the
original approval.
D. Locational Criteria. Holiday period storage must occur entirely within
enclosed facilities (including storage containers or sheds) located at
the rear of and immediately adjacent to the business they serve.
Holiday period storage shall not obstruct vehicular or pedestrian travel
ways, trash enclosures, or other permanent components of a business
or building.
E. Site Plan Required. The Site Development Permit or Minor Use Permit
application shall be accompanied by a site plan which clearly shows
the location, type and number of storage facilities to be provided, their
location, and any proposed fencing.
F. Findings. The findings required under Section 9.210.020 shall apply.
G. Revocation of Permit. The Director may revoke a permit allowing
holiday period storage if the Director finds that the conditions of
approval, site plan or other documentation provided in the original
approval have not been implemented or have been modified without
City approval.
H. Duration of Storage. Under no circumstances shall holiday period
storage occur on any commercial site before November 1 or after
January 15 of any year.
9.100.150 Outdoor lighting.
A. Purpose. This section is intended to provide standards for outdoor
lighting which allow adequate energy efficient lighting for public safety
while minimizing adverse effects of lighting, such as lighting which:
1. Has a detrimental effect on astronomical observations; and/or
2. Inefficiently utilizes scarce electrical energy; and/or
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3. Creates a public nuisance or safety hazard.
B. Applicability. All outdoor artificial illuminating devices shall be installed
and operated in conformance with the provisions of this section, plus
any Uniform Building Codes presently or subsequently administered or
adopted by the city. Any language contained therein which may conflict
with this section shall be construed as consistent with this section.
C. Parking Lot Lighting. Parking lot lighting shall conform to this section
and to Section 9.150.080 (Parking facility design standards).
D. Alternate Materials and Methods of Installation. The provisions of this
section are not intended to prevent the use of any material or method
of installation not specifically prescribed by this section provided any
such alternate has been approved. The building official may approve
any such alternate provided that findings can be made that the
proposed design, material or method:
1. Provides approximate equivalence to those specific requirements
of this section; or
2. Is otherwise satisfactory and complies with the intent of this
section.
E. Definitions. See Chapter 9.280.
F. General Requirements.
1. Shielding. All exterior illuminating devices, except those exempt
from this section and those regulated by subsection G of this
section shall be fully or partially shielded as required in the table
contained in this subsection.
a. "Fully shielded" means the fixture shall be shielded in such a
manner that light rays emitted by the fixture, either directly from
the lamp or indirectly from the fixture, are projected below a
horizontal plane running through the lowest point on the fixture
where light is emitted, thus preventing the emission of light
above the horizontal.
b. "Partially shielded" means the fixture shall be shielded in such
a manner that the bottom edge of the shield is below the plane
centerline of the light source (lamp), minimizing the emission of
light rays above the horizontal.
2. Filtration. Those outdoor light fixtures requiring a filter per the table
following shall be equipped with a filter consisting of a glass, acrylic
or translucent enclosure. Quartz glass does not meet this
requirement.
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3. Height. Building -mounted lights shall be installed below the eave
line or below the top of wall if there are no eaves. Pole or fence -
mounted decorative and landscape lights shall be located no more
than eight feet above grade.
4. All exterior lighting shall be located and directed so as not to shine
directly on adjacent properties.
5. Requirements for Shielding and Filtering. The requirements for
shielding and filtering light emissions from outdoor light fixtures
shall be as set forth in the following table.
Table 9-7
Requirements for Shielding and Filtering of Outdoor Lighting
see also footnotes following table
Fixture Lamp Type
Shielding
Requirement
Filtering
Requirement
Low pressure sodium
None
-Partially
High pressure sodium
Fully
None
Metal halide3
Fully
Yes
Fluorescent
Fully
Yes
Quartz
Fully
None
Incandescent, greater than 160 watts
Fully
None
Incandescent, 160 watts or less
None
None
Mercury vapor
Full
Yes
Fossil Fuel
None
None
Glass tubes filled with neon, argon or
krypton
None
None
Other sources
s required by the building official
Footnotes:
Most glass, acrylic or translucent enclosures satisfy these filter requirements. Quartz glass
does not meet this requirement.
z This is the preferred light source to minimize undesirable light into the night sky affecting
astronomical observations.
3 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after
closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in
enclosed luminaries.
4 Outdoor advertising signs of the type constructed of translucent materials and wholly
illuminated from within do not require shielding.
6 Warm white and natural lamps are preferred to minimize detrimental effects.
6 For the purposes of this section, quartz lamps shall not be considered an incandescent light
source.
Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is
prohibited.
G. Prohibited Lighting.
1. Outdoor Building/Landscaping Illumination. The unshielded outdoor
illumination of any building, landscaping, signing, or other purpose
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is prohibited except with incandescent fixtures less than one
hundred sixty watts, fossil fuels, and/or glass tubes (see table in
subsection F of this section).
2. New Mercury Vapor Installations. The installation of mercury vapor
fixtures is prohibited. All existing mercury vapor lights installed shall
be fully shielded.
H. Procedures for Compliance.
1. Applications.
a. Any individual intending to install outdoor lighting fixtures (other
than incandescent of one hundred sixty watts or less) shall
submit an application to the building and safety department
providing evidence that the proposed work will comply with this
section.
b. Any individual applying for a building permit and intending to
install outdoor lighting fixtures (other than incandescent of one
hundred sixty watts or less) shall as a part of the application
submit such evidence as may be requested that the proposed
work will comply with this section.
c. Utility companies, lighting or improvement districts entering into
a duly approved contract with the city in which they agree to
comply with the provisions of this section shall be exempt from
applying for and obtaining a permit for the installation of outdoor
light fixtures, including residential security lighting.
2. Contents of Application. The application shall contain, but shall not
necessarily be limited to the following, all or part of which may be
part of or in addition to the information required elsewhere in the
city regulations for the required permit:
a. Plans indicating the location on the premises and the type of
illuminating devices, fixtures, lamps, height, supports, and other
devices.
b. Description of the illuminating devices, fixtures, lamps, supports,
shielding, filtering and other devices. This description may
include but is not limited to, wattage, lighting output,
manufacturers catalog cuts, and drawings (including sections
where required).
c. The above required plans and descriptions shall be sufficiently
complete to enable the building official to readily determine
whether compliance with the requirements of this section will be
secured. If such plans and descriptions cannot enable this
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ready determination, by reason of the nature or configuration of
the devices, fixtures or lamps proposed, the applicant shall
submit evidence of compliance by certified test reports as
performed by a recognized testing lab.
3. Issuance of a Permit. Upon the determination that the installation
will be in compliance with the requirements of this section, the
building official shall issue a permit for installation of the outdoor
lighting fixtures, to be installed per the approved application.
4. Appeals. Appeal procedures of the zoning regulations for decisions
of the building official shall apply.
5. Amendment to Permit. Should the applicant desire to substitute
outdoor light fixtures or lamps after a permit has been issued, the
applicant must submit all changes to the building official for
approval, with adequate information to assure compliance with this
section.
Exemptions.
1. Nonconforming Fixtures. All outdoor light fixtures existing and fully
and legally installed, prior to the effective date of Ordinance 148
(the original ordinance adopting these outdoor lighting regulations)
may remain in use as nonconforming structures indefinitely
provided, however, that no change in use, replacement, structural
alteration, and (after abandonment) no restorations of outdoor light
fixtures other than bulb replacement shall be made unless it
thereafter conforms to the provisions of these regulations.
2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced
directly or indirectly by the combustion of natural gas or other utility
type fossil fuels) are exempt from the requirements of this section.
3. Government Facilities. Those facilities and lands owned and
operated or protected by the federal government, the state of
California, the county of Riverside, or the city of La Quinta are
exempted by law from all requirements of this section. Voluntary
compliance with the intent of this section at those facilities is
encouraged.
4. Recreational Facilities. The illumination of outdoor recreational
facilities, public and private, is exempt from the requirements of this
section with the following limitations:
a. The light fixtures for outdoor recreational facilities shall meet the
shielding requirements in the table in subsection F of this
section.
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b. No such outdoor recreational facility shall be illuminated by
nonconforming means after ten p.m. except to conclude a
specific recreational or sporting event or any other activity
conducted at a ballpark, outdoor amphitheater, arena, or similar
facility in progress prior to ten p.m.
J. Temporary Exemptions.
1. Request for Temporary Exemptions. Any individual may submit
application for a minor use permit, on a form prepared by the
Planning Division, to the building official for a temporary exemption
to the requirements of this section. Such exemptions shall be valid
for thirty days. The request for temporary exemption shall contain,
at a minimum, the following information:
a. Specific exemptions and justification for exemptions requested;
b. Type, use and hours of operation of exterior light involved;
c. Duration of time for requested exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp or lamps;
f. Proposed location and heights of exterior light;
g. Physical size of exterior lights and type of shielding and/or
filtering provided;
h. Previous temporary exemptions, if any.
2. Special Exemption. The Director may grant a special exemption to
the requirements of the table in subsection F of this section only by
approval of minor use permit which includes a written finding that
there are extreme geographic or geometric conditions warranting
the exemption and that there are no conforming fixtures that will
otherwise suffice. The request for a special exemption shall
contain, at a minimum, the information specified in items a through
g of subsection (J)(1) of this section.
3. Additional Information. In addition to the information required in
subsection (J)(1) of this section, the building official may request
any additional information which would enable the building official
to make a reasonable evaluation of the request for temporary
exemption.
4. Appeal for Temporary Exemption. The building official, within five
days from the date of the properly completed request for temporary
exemption, shall approve or reject in writing the request. If rejected,
the individual making the request shall have the right to appeal to
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the planning commission for review pursuant to the procedures
applicable to any other appeal of a decision of the building official.
5. Extension of Temporary Exemption. Any individual requesting a
temporary exemption for a period greater than thirty days, or an
extension beyond the original thirty -day period for a temporary
exemption shall apply for a minor use permit to the planning
commission and city council. The conditional use permit application
shall contain (in addition to other use permit requirements) the
information specified in subsections (F)(1) through (F)(3) of this
section.
K. Public Nuisance. Any light fixture installed after the effective date of
the ordinance codified in this zoning code which violates the provisions
of this section constitutes a public nuisance and shall be abated.
L. Premises Identification.
1. Street numbers or addresses assigned by the city or the county
shall be provided for all new buildings in such a position as to be
plainly visible and legible from the street or road fronting the
property.
2. All dwelling units shall have a wall -mounted internally or externally
illuminated address sign displayed in a prominent location. The
illumination source for the address sign shall be controlled by a
photocell sensor or a timer. As an option, the address sign may be
attached to a single -residence mail box pedestal with the same
illumination source as stated above. If this option is chosen, both
sides of the mailbox shall have said address numbers displayed.
M. Display Lighting Use. With the approval of a minor use permit,
searchlights and laser lights may be used. Display lighting is defined
as a beam of light projected into the sky. This type of lighting shall
comply with the following requirements:
1. Permits shall be issued for grand openings only. A grand opening
shall commemorate an initial building or project opening, a change
in ownership of an existing business, or remodel/enlargement of
over fifty percent of the floor area or a new business in an existing
building.
2. The only uses allowed to apply for this permit are: shopping centers
with not less than fifty thousand square feet of least area, hotel with
fifty plus rooms, or part of an automall.
3. The application for a permit must be received two weeks prior to
the event commencing.
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4. Hours of operation should be limited from dusk to ten p.m.
5. Use of the display light(s) is limited to a maximum period of six
days per calendar year.
6. Section 5.64.060 of the Municipal Code, regarding use of
searchlights shall be complied with.
7. Use of display lights may be in conjunction with an entertainment
event or similar activity.
8. FAA approval shall be obtained prior to each event, if required.
(Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part),
1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.160 Caretaker residences.
Caretaker residences may be developed in any nonresidential district for the
exclusive use of personnel employed for the maintenance and security of the
principal use subject to the following standards:
A. One (1) caretaker residence shall be located in a building which
complies with all building setbacks established for the district in which
it is located.
B. The residence shall be a minimum of six hundred square feet in floor
area.
C. The residence may be a portion of a building primarily devoted to
nonresidential uses or may be a separate building. If it is a separate
building, the location, design and materials of the residence shall be
consistent and integral with the site plan and building design for the
principal use.
D. Two off-street parking spaces shall be provided in addition to the
parking required for the principal use(s). (Ord. 299 § 1 (part), 1997;
Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.170 Construction and guard offices.
The temporary placement of a trailer, recreational vehicle or relocatable building
or the temporary use of a permanent structure on an active construction site for
use as a construction and/or watchman's quarters, and the establishment of a
materials and equipment storage yard, shall be permitted with a grading or
building permit subject to the following requirements:
A. Placement. The office shall not be moved onto the site nor otherwise
established until issuance of a precise grading permit or, if there is no
grading permit, until issuance of the building permit.
B. Removal. Any trailer or temporary building shall be removed from the
site prior to the issuance of certificates of occupancy for the last new
building on the site. The site of the temporary building shall then be
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restored to its original condition, paved or surfaced for dust control,
landscaped, or otherwise improved in accordance with the approved
project plans or temporary use permit.
C. Conversion. Any permanent structure or portion of a permanent
structure devoted to temporary uses shall be converted to a permitted
use prior to the issuance of certificates of occupancy for the final
buildings to be constructed.
D. Use of Existing Building During Construction. The use of an existing
lawfully established building may continue during construction or
relocation of another building on the same building site upon approval
of a temporary use permit and compliance with the following
provisions:
1. Prior to occupancy of a new building, the existing building shall be
brought into conformity with any additional regulation rendered
applicable by the placement of a new building on the site.
Conformity shall be accomplished by removal, reconstruction,
relocation, conversion, change of use or any combination thereof.
2. The director shall require the landowner to provide a guarantee,
which may include a bond, to ensure full compliance with the
zoning regulations upon completion of the new building or sooner if,
in the directors opinion, work pertaining to the completion of all
facilities required by law is not being diligently pursued.
E. Utilities. The office shall be supplied with an electric meter and sewer
and water facilities. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1
(Exh. A) (part), 1996)
9.100.180 Relocatable buildings.
A relocatable building or trailer may be permitted to serve as any use permitted
in the applicable zoning district subject to the approval of a temporary use permit
application and the following additional provisions:
A. The temporary use permit application shall include the following:
1. A description of the proposed uses and operating characteristics for
all uses on the site, both temporary and permanent.
2. A plot plan showing the location of all uses and structures, both
temporary and permanent.
3. Supplementary exhibits, as required by the director to adequately
review the proposal, such as building elevations, landscaping,
grading, access and utility service.
B. A temporary use permit for a relocatable building or trailer may be
conditionally approved and failure to comply with the required
conditions shall be grounds for the revocation of the permit.
C. A cash bond to insure removal of the building and restoration of the
site for each relocatable building or trailer shall be posted with the
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director to guarantee removal of each coach from the site upon
expiration of the temporary use permit.
D. A temporary use permit for a relocatable building shall be approved for
a maximum of two years from date of approval. (Ord. 284 § 1 (Exh. A)
(part), 1996)
9.100.190 Recycling collection facilities.
A. Drop -Off Bins and Reverse Vending Machines. Drop-off bins and
reverse vending machines for the collection of nonhazardous
household materials (e.g., cans, bottles, paper, etc.) for recycling
purposes may be established as an accessory use to an existing
primary use in any nonresidential district. If located outside of a
building, a minor use permit approved pursuant to Section 9.210.020
shall be required for drop-off bins. All such outdoor facilities shall
comply with the following standards:
1. Drop -Off Bins. Drop-off bins shall be established only in conjunction
with an existing nonresidential use which is in compliance with
zoning, building and fire codes.
a. The drop-off facility shall be no larger than five hundred square
feet, not including space that is periodically used to remove
materials or replace containers. It shall comply with the building
setbacks for the district and shall not occupy parking spaces
required by the primary use.
b. The facility shall be screened from view from public streets and
primary parking areas.
c. The facility shall not obstruct pedestrian, vehicular and
emergency access.
d. The bins shall be constructed and maintained with durable
waterproof and rustproof materials, covered and secured from
unauthorized entry or removal of materials when the facility is
closed, and shall be large enough to accommodate the
materials collected and the collection schedule. Any deposit or
storage of materials outside of the containers is prohibited.
e. The facility shall be maintained free of odor, litter and other
nuisances, on a daily basis. A trash receptacle shall be located
adjacent to the drop-off facility for disposal of containers used to
carry materials to the facility and materials unacceptable for
recycling. Trash and recyclables shall be collected from the
drop-off facility regularly.
f. Facilities within one hundred feet of a property zoned or
occupied by residential uses shall operate only between the
hours of nine a.m. and seven p.m.
g. Containers shall be clearly marked to identify the type of
materials which may be deposited. The facility shall be clearly
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identified with the name and telephone number of the operator
and hours of operation, and shall display a notice that no
material shall be left outside the recycling enclosure or
containers. Total signage shall not exceed sixteen square feet
and shall not be illuminated.
2. Reverse Vending Machines. Reverse vending machines shall only
be established in conjunction with an existing nonresidential use
which is in compliance with the zoning, building and fire codes.
a. Machines shall be located adjacent to the main building on the
site and within thirty feet of the entrance to the primary use and
shall not obstruct pedestrian or vehicular circulation.
b. Machines shall not occupy any parking spaces required by the
primary use.
c. Machines shall occupy no more than fifty square feet of floor or
ground space per installation, including any protective
enclosure, and shall be no more than eight feet in height.
d. Machines shall be clearly signed to identify the type of material
to be deposited, operating instructions, and the identity and
phone number of the operator or responsible person to call, if
the machine is inoperative. Sign area shall be limited to four
square feet per machine and shall be located on the machine.
e. The installation shall be maintained free of litter and odor at all
times. A trash receptacle shall be located adjacent to the
machine(s) for disposal of containers used to carry materials to
the facility and materials unacceptable for recycling. Trash and
recyclables shall be collected from the recycling facility
regularly.
B. Recycling Collection Centers. Recycling collection centers may be
permitted in the CP and MC districts with approval of a conditional use
permit pursuant to Section 9.210.020. Such facilities may
accommodate nonhazardous recyclable materials collection and
packaging for bulk transport only. Any activity involving hazardous
materials or waste shall be subject to the approval of the Fire
Department and the Riverside County Department of Environmental
Health. No reprocessing or recycling of materials into new products
shall be permitted. All such facilities shall comply with the following
standards:
1. The collection center shall be screened from public view by
operating within an enclosed building or within a screened outdoor
yard on a site which complies with the landscaping and screening
standards of Sections 9.100.040 and 9.100.050.
2. The facility shall comply with the setback requirements of the
applicable zoning district pursuant to Section 9.50.030.
3. All exterior storage of materials shall be in sturdy containers and
the facility shall be secured from unauthorized entry or removal of
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materials when the facility is closed. Any containers provided for
after-hours drop-off shall comply with the standards for drop-off
facilities set forth in subsection Al of this section.
4. The facility shall be maintained free of odor, litter and other
nuisances at all times.
5. If the facility accommodates public drop-off of materials, separate
access routes and parking/unloading areas shall be provided for
public drop-off and for commercial truck traffic. (Ord. 284 § 1 (Exh.
A) (part), 1996)
9.100.200 Trash and recyclable materials storage.
A. Purpose. This section is intended to implement the provisions of State
Public Resources Code Section 42900 et seq. which requires local
jurisdictions to provide regulations governing adequate areas for
collection and loading of recyclable materials in multiple -family
residential and nonresidential development projects. This section also
addresses the related subject of common trash areas in such projects.
B. Recycling Containers Required. In addition to standard trash
receptacles, recyclable materials receptacles of sufficient volume to
meet the needs of the project shall be provided by the following
developments:
1. Any new multiple -family residential project with five or more units
and a common solid waste collection area;
2. Any new single-family residential area with a common solid waste
collection area serving five or more units;
3. Any new nonresidential project; and
4. Any existing multiple -family project of five or more units, or
nonresidential project which expands by thirty percent or more in
floor area.
C. Recycling Plan Required. Each nonresidential development which is
required to provide recycling containers under the provisions of this
section shall submit a recycling plan to be processed in conjunction
with the site development permit. The recycling plan shall include a
description of the anticipated materials and volumes to be recycled
and a description of the facilities to be provided for collecting general
refuse and recyclable materials.
D. Trash Enclosure Required. Nonresidential developments and attached
and multifamily residential projects with common trash areas shall
locate trash and recyclable materials containers within an enclosed
area. Enclosures for trash and recycling containers shall comply with
the following standards:
1. Enclosure Placement. Separate enclosures shall be provided for
trash and recyclable materials in nonresidential districts. The
enclosures shall be:
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a. Located within two hundred fifty feet of all businesses served by
the enclosure;
b. Directly available to collection vehicles via alleys or driveways to
avoid the necessity of substantial hand carrying of containers or
hand pushing of dumpsters; and
c. Located substantially away from public views cape, pedestrian
and vehicle circulation areas unless determined infeasible by
the decision -making authority.
2. Enclosure Design. Enclosures shall be constructed on a concrete
pad sloped to drain under the gate. Enclosures shall be of an
adequate size to accommodate the containers they enclose per
disposal company and city standards. Access to the containers for
collection shall also meet disposal company requirements.
Enclosure walls shall be at least six feet high and shall be made of
strong, durable materials consistent with the colors and finishes of
nearby buildings. Doors shall be self -latching, metal or metal -
framed, and of heavy duty construction sufficient to withstand hard
usage. Interior concrete or metal curbs shall be included to prevent
damage to the enclosures walls from collisions with large, heavy
containers. Decorative overhead structures such as trellises shall
be integrated into the design if the enclosure is visible from higher
terrain.
3. Trash Areas. All outdoor trash and waste bins shall be enclosed by
a solid wall not less than six feet in height in accordance with this
section. Gates shall not open toward a public street. Decorative
overhead structures such as metal trellises shall be integrated into
the enclosure design or tall landscaping planted on the affected
side if it is visible from higher terrain or buildings.
E. Weather Protection. Each enclosure or individual container shall be
designed and maintained so that deposited materials are contained
during windy periods. Enclosures or containers designated for
recyclable materials which could be damaged or be rendered
unmarketable by rain or other environmental conditions shall provide
adequate protection against such conditions.
F. Maintenance. Each enclosure shall be maintained to preserve its
appearance and function and to minimize litter, odor and other
nuisances. Trash and recyclables shall be collected regularly. (Ord.
284 § 1 (Exh. A, B) (part) 1996)
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9.100.210 Noise control.
A. Purpose. The noise control standards for nonresidential land use
districts set forth in this section are established to prevent excessive
sound levels which are detrimental to the public health, welfare and
safety or which are contrary to the public interest.
B. Noise Standards. Exterior noise standards are set forth below.
Residential property, schools, hospitals, and churches are considered
noise sensitive land uses, regardless of the land use district in which
they are located. All other uses shall comply with the "other
nonresidential" standard. All noise measurements shall be taken using
standard noise measuring instruments. Measurements shall be taken
within the receiving property at locations determined by director to be
most appropriate to the individual situation.
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Land Use Compatibility for Community Noise Environments
Land Uses
CNEL (dBA)
50
55
60
65
70
75
80
Residential - Single Family Dwellings, Duplex, Mobile
Homes
A
Residential — Multiple Family
A
Transient Lodging: Hotels and Motels
A
School Classrooms, Libraries, Churches, Hospitals,
Nursing Homes and Convalescent Hospitals
A
Auditoriums, Concert Halls, Amphitheaters
Sports Arenas, Outdoor Spectator Sports
Playgrounds, Neighborhood Parks
A
Golf Courses, Riding Stables, Water Recreation,
Cemeteries
A
Office Buildings, Business, Commercial and
Professional
A
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A
Industrial, Manufacturing, Utilities, Agriculture
Source: California Department of Health Services, "Guidelines for the Preparation and Content of the
Noise Element of the General Plan," 19go
❑
Normally Acceptable: With no special noise reduction requirements assuming standard
A construction.
Conditionally Acceptable: New construction or development should be undertaken only after
a detailed analysis of the noise reduction requirement is made and needed noise insulation
features included in the design
Normally Unacceptable: New construction is discouraged. If new construction does proceed, a
detailed analysis of the noise reduction requirements must be made and needed noise
insulation features included in the design.
0 Clearly Unacceptable: New construction or development should generally not be undertaken.
Exterior Noise Standards
Receiving Land Use
Noise
Time Period
Standard
Noise sensitive
65 dB(A)
7:00 a.m.-10:00 p.m.
50 dB(A)
10:00 p.m.-7:00 a.m.
Other nonresidential
75 dB(A)
7:00 a.m.-10:00 p.m.
65 dB(A)
10:00 p.m.-7:00 a.m.
If the noise consists entirely of impact noise, simple tone noise, speech
or music, or any combination thereof, each of the noise levels specified
in the table in this section shall be reduced by five dB(A).
C. Noise Limits. It is unlawful for any person at any location within the city
to create any noise, or to allow the creation of any noise on property
owned, leased, occupied or otherwise controlled by such person, when
such noise causes the noise level, when measured on any adjacent
property, to exceed:
1. The noise standard for a cumulative period of more than thirty
minutes in any hour;
2. The noise standard plus five dB(A) for a cumulative period of more
than fifteen minutes in any hour;
3. The noise standard plus ten dB(A) for a cumulative period of more
than five minutes in any hour;
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4. The noise standard plus fifteen dB(A) for a cumulative period of
more than one minute in any hour; or
5. The noise standard plus twenty dB(A) for any period of time.
6. For purposes of this section, the term "cumulative period" means
the number of minutes that a noise occurs within any hour, whether
such minutes are consecutive or not.
D. Ambient Noise Level. If the ambient or background noise level
exceeds any of the preceding noise categories, no increase above
such ambient noise level shall be permitted.
E. Exemptions. The following are exempt from the noise restrictions of
this section:
1. Emergency vehicles or other emergency operations.
2. City maintenance, construction or similar activities.
3. Construction activities regulated by Section 6.08.050 of the La
Quinta Municipal Code.
F. Enforcement. The city building official shall have the responsibility and
authority to enforce the provisions of this section. (Ord. 284 § 1 (Exh.
A) (part), 1996)
9.100.220 Operational standards.
All uses and developed properties within any nonresidential district shall comply
with the following standards for development, operation and maintenance.
A. Equipment. All ground -mounted mechanical equipment, including
heating and air conditioning units and trash receptacle areas, shall be
completely screened from surrounding properties. Such screening
shall consist of perimeter walls or fencing (if permitted), screen walls,
or dense landscaping.
B. Utilities. All utility connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except
where required by utility provider.
C. Electrical Disturbance, Heat and Cold, Glare. No use except a
temporary construction operation shall be permitted which creates
changes in temperature or direct glare, detectable by the human
senses without the aid of instruments, beyond the boundaries of the
site. No use shall be permitted which creates electrical disturbances
that affect the operation of any equipment beyond the boundaries of
the lot.
D. Fire and Explosive Hazard. All storage of and activities involving
inflammable and explosive materials shall be provided with adequate
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safety and firefighting devices to the specifications of the Uniform Fire
Code. All incineration is prohibited. Smoke detectors shall be installed
in all new construction as required by city code.
E. Radioactivity. In all nonresidential districts, the use of radioactive
materials shall be limited to measuring, gauging and calibration
devices, and medical X-ray diagnostic equipment.
F. Vibration. No use except a temporary construction operation shall be
permitted which generates inherent and recurrent ground vibration
perceptible, without instruments, at the boundary of the lot on which
the use is located.
G. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access. Upgrades and
retrofits to existing buildings, in accordance with energy reduction
measures CI-1 through CI-6 of the City's Greenhouse Gas Reduction
Plan, are encouraged. New buildings should be designed to minimize
energy consumption consistent with energy efficiency measures ND-1
through ND-3 of the City's Greenhouse Gas Reduction Plan, to the
greatest extent possible.
H. Toxic Materials. No land or building shall be used or occupied in any
manner which creates an unhealthful, dangerous, noxious or otherwise
objectionable condition due to the use, storage or proximity to toxic
materials.
I. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any
point into public sewer, private sewage system, stream, storm drain or
into the ground shall be permitted, except in accordance with the
standards approved by the State Department of Health and/or
specified by the sewage utility provider. No materials or wastes shall
be deposited on any property in such form or manner that they may be
transferred off the property by natural causes or forces, such as wind
or rain. Any wastes which could be attractive to rodents or insects shall
be stored outdoors only in closed containers. (Ord. 284 § 1 (Exh. A)
(part), 1996)
9.100.230 Service station standards.
A. Use Permit Required. Gas and service stations may be permitted
subject to Table 9-5, Permitted Uses in Nonresidential Districts. All
uses to be placed on the service station site (e.g., mini -market, sale of
alcoholic beverages, etc.) must be specifically included in the approval.
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B. Signs. Service station signage shall be in accordance with Chapter
9.160 (Signs).
C. Hazardous Materials. All service stations shall comply with the
requirements of the Fire Department and the Riverside County
Department of Environmental Health pertaining to hazardous
materials, underground storage tanks, product lines, dispensing
equipment, etc.
D. Standards for Service Stations Without Repair Facilities.
1. Permitted Uses. Permitted uses include: sale of petroleum
products, including fuel and oil, related automotive accessories,
and similar retail uses; and automobile services such as washing
and detailing. The following uses are specifically prohibited: sale of
tires and batteries and similar products for which necessary
facilities for installation and disposal of used materials are not
present; automobile or equipment repair, storage or renting. All
retail uses except petroleum dispensing shall occur within a
building and all service uses shall occur in a specific location
designated in the approved conditional use permit.
2. Storage and Display. All merchandise shall be stored and/or
displayed within the service station building.
3. Screening. An opaque screen at least six feet in height shall be
installed along all site boundaries which abut residentially zoned
properties. Screening along all street boundaries shall be a
minimum of thirty-six inches high, including any site elevation
difference. Screening shall consist of a wall, including retaining
walls, an earthen berm with landscaping or any combination
thereof. All screening shall comply with the height standards in
Section 9.100.030 (Walls and fences).
E. Standards for Service Stations with Repair Facilities.
1. Additional Uses Permitted. Permitted uses include those for service
stations without repair facilities plus minor vehicle service and
repair (e.g., tune-up, lubrication, battery and tire sales and service).
The following uses are specifically prohibited: major engine repair
and rebuilding, transmission repair, auto body repair or painting,
automobile or equipment storage or renting. All retail and repair
uses except petroleum dispensing shall occur within a building and
all non -repair service uses shall occur in a specific location
designated in the approved use permit.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 153 of 334
2. Storage and Display. All merchandise shall be stored and displayed
within the service station building.
3. Reverse Mode Required. All service stations which include service
bays shall be designed in the "reverse" or "backup" mode, i.e.,
service bay openings oriented away from streets.
4. Screening. Screening requirements shall be the same as for
service stations without service bays.
F. Removal of Abandoned Stations. Any service station which is closed
for more than twelve consecutive months shall be deemed abandoned
and shall be removed from the site at the expense of the property
owner including the removal of buildings and structures and all
underground storage tanks and any necessary site remediation due to
tank leakage or other aspects of the service station use. (Ord. 284 § 1
(Exh. A) (part), 1996)
9.100.240 Child daycare centers.
Child daycare centers or preschools in nonresidential districts shall conform to
the following requirements regardless of the number of children served by the
facility:
A. A conditional use permit shall be required to establish a child daycare
center per Section 9.210.020. In addition, all facilities shall comply with
this section and with any additional requirements imposed as part of
the conditional use permit or by any other applicable permit.
B. All facilities shall be licensed and operated in accordance with state,
county, and local health, safety, and other regulations.
C. Outdoor activities shall be limited to the hours between eight -thirty a.m.
and seven p.m.
D. D. All facilities shall provide an on -site pickup/dropoff area. In addition,
there shall be an on -site vehicle turnaround or alternatively, separate
vehicle entrance and exit points.
E. All parking, signs and outdoor lighting shall comply with the applicable
regulations set forth in Chapter 9.150, Chapter 9.160 and Section
9.100.150, respectively.
F. All facilities shall comply with the development standards of the district
in which they are located, as set forth in Section 9.90.040. (Ord. 325 §
1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 154 of 334
9.100.250 Single room occupancy (SRO) hotels.
Single room occupancy hotels (SROs) shall conform to the following
requirements:
A. Occupancy shall be limited to maximum two persons per unit.
Minimum unit sizes (not including toilet compartment) shall be: for one
person, one hundred fifty square feet; and for two persons, one
hundred seventy-five square feet.
B. Each SRO unit shall be provided with the following minimum
amenities:
1. Kitchen sink with garbage disposal;
2. A toilet and sink located in a separate room within the unit that is a
minimum twenty square feet;
3. One closet per person;
4. Telephone and cable TV hookups.
C. If full bathrooms are not provided in each unit, shared showers shall be
provided on each floor at a ratio of one per seven occupants or fraction
thereof on the same floor, with doors lockable from the inside.
D. If full kitchens are not provided in each unit, shared kitchen facilities
shall be provided on each floor consisting of a range, sink with
garbage disposal, and refrigerator.
E. If laundry facilities are not provided in each unit, common laundry
facilities shall be provided, with one washer and one dryer for every
twenty-five units for the first one hundred units and one washer and
one dryer for every fifty units over one hundred.
F. Elevators shall be required for SROs of two or more stories.
G. A manual fire alarm system and a fully automatic fire suppression
system, including a central monitoring system, alarm and fire
annunciator, shall be designed and installed to the satisfaction of the
fire chief. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.100. 260 Used vehicle sales not associated with a new vehicle sales
facility.
A. Use Permit Required. Used vehicle sales not associated with a new
vehicle sales facility may be permitted in certain zoning districts
subject to approval of a conditional use permit when consistent with a
specific plan as per the nonresidential table of permitted uses. Used
vehicle sales facilities are subject to the use and design standards
herein.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 155 of 334
B. Signs. Used vehicle sales facility signage shall be approved through a
sign program in accord with Section 9.160.090. Balloons, streamers,
spinning or animated signs and devices, strobe lights, spotlights,
lasers, and inflatable devices shall be prohibited.
C. Hazardous Materials. All used vehicle sales facilities shall comply with
the requirements of the Fire Department and the Riverside County
Department of Environmental Health pertaining to hazardous
materials, underground storage tanks, product lines, dispensing
equipment, etc.
D. Standards for Used Vehicle Sales Facilities.
1. Types of Used Vehicles Defined. Permitted principal use shall
consist of the sale of used motorized vehicles to include
motorcycles, cars, trucks, and commercial vehicles.
2. Accessory Uses. Permitted accessory uses shall include: vehicle
service and repair, sales and installation of automotive parts,
electronics, and accessories, car washing, and auto detailing. All
accessory uses must be specifically included in the conditional use
permit approval.
3. Screening. A block wall of at least six feet in height and a twenty -
foot wide landscaping buffer shall be installed along all site
boundaries which abut residentially zoned properties. All screening
shall comply with the height standards in Section 9.100.030 (Walls
and fences).
4. Storage and Display. All retail, service, repair, and storage uses
shall occur wholly within an enclosed building and in a specific
location designated in the approved conditional use permit. Focal
display areas elevated more than one foot above the average finish
grade of the overall outdoor parking lot or display area shall be
prohibited. Hoods, trunks, and doors of all vehicles displayed
outdoors shall remain closed at all times. Vehicles must be parked
on a paved surface and are prohibited from being displayed from
sidewalks or within landscaped areas.
5. Orientation of Service Bays. Service bays and garage doors shall
not be visible from perimeter arterial streets.
6. Property Standards. Used vehicle sales facilities shall not be
permitted on parcels less than four acres in size.
7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms
shall be prohibited on projects located within three hundred feet of
existing residences. In all other instances, outdoor loudspeakers
and intercoms shall be subject to the provisions of Section
9.100.210 (Noise control). (Ord. 480 § 1, 2010; Ord. 472 § 1, 2009)
9.100.270 Drive -Through Facilities.
Drive -through facilities shall conform to the following regulations:
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 156 of 334
1. No drive -through facility shall be permitted within two hundred
feet of any residentially zoned or used property.
2. Safe on- and off -site traffic and pedestrian circulation shall be
provided including, but not limited to, traffic circulation which
does not conflict with entering or exiting traffic, with parking, or
with pedestrian movements.
3. A stacking area shall be provided for each service window or
machine which contains a minimum of seven tandem standing
spaces inclusive of the vehicle being served. The standing spaces
shall not extend into the public right-of-way nor interfere with any
internal circulation patterns.
4. The drive -through facility shall be designed to integrate with
existing or proposed structures, including roof lines, building
materials, signs and landscaping.
5. Vehicles at service windows or machines shall be provided with a
shade structure.
6. Amplification equipment, lighting and location of drive -through
elements and service windows shall be screened from public
rights -of -way and adjacent properties per the provisions of
subsection L of this section.
7. Exits from drive -through facilities shall be at least three vehicles in
length, shall have adequate exiting sight -distance, and shall
connect to either a signalized entry or shall be limited to right
turns only. The drive aisle shall be a minimum of twelve feet in
width.
9.100. 280 Emergency Shelters.
A. Purpose.
1. To ensure the Zoning Code facilitates emergency shelters under
the Housing Accountability Act (California Government Code
Section 65589.5) and in accordance with the requirements set forth
in California Government Code Section 65583, as amended.
2. To provide zoning, development, and management procedures for
emergency shelters.
3. To implement the City's General Plan Housing Element policies
and programs relating to the provision of emergency shelters.
B. Definitions. See Chapter 9.280.
C. Development Standards.
1. The maximum capacity of an emergency shelter shall be 20 beds
or persons.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 157 of 334
2. On site management and security shall be provided on a 24 hour/7
day per week basis.
3. Residency in an emergency shelter shall be limited to six months or
less per individual.
Chapter 9.110 SPECIAL PURPOSE/OVERLAY DISTRICTS
9.110.010 Summary of district regulations.
A. Purpose. This chapter contains the purpose and intent of each special
purpose district together with a summary of the zoning regulations
applicable to each.
B. Permitted Uses. Chapter 9.120 specifies the land uses allowed in each
nonresidential district.
C. Development Standards. Development standards (such as setbacks
and building heights) for special purpose districts are summarized in
this Chapter 9.110 and in Chapter 9.130.
D. Supplemental Regulations.
1. Special Purpose Supplemental Regulations. Chapter 9.140
contains supplemental regulations for each special purpose district,
such as hillside conservation regulations, flood hazard reduction
requirements and restrictions on sexually oriented businesses.
2. General Supplemental Regulations. General supplemental
regulations pertaining to special purpose districts shall be the same
as those for nonresidential districts as set forth in Chapter 9.60.
Parking shall conform to Chapter 9.150 and signs to Chapter 9.160.
(Ord. 284 § 1 (Exh. A) (part), 1996)
9.110.020 Types of special purpose and overlay districts.
A. Base Districts. The PR, GC, OS and FP districts are base districts
designed to provide for park and recreation, golf course and open
space land uses respectively.
B. Overlay Districts. The HC, SOB, EOD, AHO, and MU districts are
overlay districts, i.e., districts to be used only in combination with a
base district (such as the OS open space or CR regional commercial
districts) in order to regulate certain special aspects of land use in the
interests of public safety and protection of surrounding properties. In
cases where there is a conflict between the regulations of an overlay
district and its underlying base district, the overlay district regulations
shall control.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 158 of 334
C. Overlay Zoning Designations. When an overlay district is used, the
zoning designation shall consist of the base district symbol followed by
the applicable overlay district symbol enclosed in parentheses. For
example: CR (EOD).
9.110.030 PR parks and recreation district.
A. Purpose and Intent. To provide for the development and preservation
of public and private parks and associated recreation facilities within
open space areas.
B. Development Standards. The development standards for the PR
district are set forth in Chapter 9.130. (Note: the GC and OS
development standards are the same as those for the PR district.)
9.110.040 GC golf course district.
A. Purpose and Intent. To provide for the protection and preservation of
golf course open space areas in the city.
B. Development Standards. The same as the development standards for
the PR district. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.110.050 OS open space district.
A. Purpose and Intent. To provide for the protection and preservation of
sensitive environmental areas such as areas with significant cultural
resources, threatened or endangered plant and wildlife species habitat,
scenic resources and significant topographical constraints.
B. Development Standards. The same as the development standards for
the PR district. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.110.060 FP floodplain district.
A. Purpose and Intent. To protect life and property from flood flows and to
establish criteria for land use consistent with state law and with the
criteria promulgated by the Federal Emergency Management Agency.
B. Development Standards. Development standards shall be as required
for needed flood control improvements and shall conform to the
supplemental requirements for the FP district set forth in Section
9.140.030.
C. District Boundaries. The FP overlay district shall include all areas
within the city that are designated as "Special Flood Hazard Areas
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 159 of 334
Inundated by One -Hundred -Year Flood" on Flood Insurance Rate
Maps (FIRM) provided by the Federal Emergency Management
Agency (FEMA). These include the "A" and "AO" flood hazard zones.
The boundaries of the FP district are generally shown on the official
zoning map. See FEMA FIRM maps for specific locations. (Ord. 284 §
1 (Exh. A) (part), 1996)
9.110.070 HC hillside conservation overlay district.
A. Purpose and Intent.
1. To define those hillside areas which are not developable from
either a public safety or an engineering perspective and to prevent
inappropriate development on them;
2. For those hillside areas which are developable, to ensure the safety
of the public, and to ensure that the placement, density and type of
all hillside development within the city is suitable to the topography
of the existing terrain, that proposed developments will provide for
minimal disturbance of the existing terrain and natural habitat, and
that the natural hillside characteristics will be retained wherever
practicable;
3. To protect the public from hazards associated with hillside
development, including seismic activity, landslides, flooding,
inaccessibility from fire and emergency services, lack of water for
fire control, wildfires, collapse of roads and similar risks;
4. To protect and conserve hillside ecosystems (Santa Rosa
Mountains National Scenic Area) through the retention of unique
natural topographic features and hillside characteristics, including
drainage patterns, streams, slopes, ridgelines, rock outcroppings,
vistas, natural vegetation, and the habitats and migratory routes of
animals;
5. To maximize the retention of the city's natural topographic features,
including, but not limited to, mountainsides, mountain faces, skyline
profiles, ridgelines, ridge crests, hilltops, hillsides, slopes, arroyos,
ravines, canyons, prominent vegetation, rock outcroppings, view
corridors, and scenic vistas through the careful limitation and
selection of building sites and building pads on said topographic
features, thereby enhancing the beauty of the city's landscape;
6. To assure that developmental use of said topographic features will
relate to the surrounding topography and will not be conspicuous
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 160 of 334
and obtrusive because of the design and location of the
developmental use;
7. To reduce the scarring effects of excessive grading for roads,
building pads and cut and fill slopes;
8. To balance public and private interests while preserving the
hillsides.
B. Development Standards. Section 9.140.040 specifies that: (1) the
maximum residential density within the HC overlay district shall be one
dwelling unit per every ten acres, and (2) other development standards
shall follow those of the RVL very low density residential district. The
development standards are provided in Table 9-9.
Refer to Section 9.140.040 for additional details regarding
development standards, minimum percentages of building sites which
must be preserved in a natural state (determined by the average slope
of the site), and other requirements of the HC district.
C. District Boundaries.
1. The HC hillside conservation overlay district applies to all land
within the city designated in the general plan as "open space" and
shown on the official zoning map as "HC." More specifically, the HC
district applies to land meeting the criteria for being above "the toe
of the slope," as defined in Section 9.140.040, within the following
sections of land (San Bernardino Base and Meridian) within the
city:
a. T5S, WE: Sections 19, 30;
b. T5S, R6E: Section 36, 25;
c. T6S, R6E: Sections 1, 12, 13, 24, 25;
d. T6S, WE: Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33;
e. T7S, WE: Sections 4, 5.
2. The provisions of this section shall also apply to each and every
parcel of land within the city (without otherwise being noted on
exhibit or map which is added to the city by annexation, dedication
or other means) meeting the criteria for being above "the toe of the
slope," as defined in Section 9.140.040. (Ord. 284 § 1 (Exh. A)
(part), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 161 of 334
9.110.080 SOB sexually oriented business overlay district.
A. Purpose and Intent. To designate specific areas where sexually
oriented businesses may locate if a conditional use permit is approved
and to establish strict standards for the establishment and operation of
such sexually oriented businesses in order to ensure that adverse
effects caused by their operational characteristics do not contribute to
the blighting or downgrading of surrounding areas.
B. Development Standards. Development standards for the SOB overlay
district shall be as provided in the underlying CR regional commercial
base district regulations, subject to the additional requirements of the
SOB district as set forth in Section 9.140.050. Parking shall be
calculated according to the Retail Commercial category in Table 9-12.
C. District Boundaries. The SOB overlay district includes those parcels
located in whole or in part within six hundred feet of the centerline of
State Highway 111. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.110 090 EOD equestrian overlay district.
A. Purpose and Intent. To permit the keeping of horses (stabling and
riding) for the personal recreational pleasure of city residents and to
allow for facilities to provide equestrian -related recreational
opportunities beyond the individual horse owner.
B. Development Standards. Development standards for the EOD overlay
district shall be as provided in the underlying base district regulations,
subject to the additional requirements of the EOD district as set forth in
Section 9.140.060. In case of conflict between the base district and the
EOD regulations, the EOD regulations shall control.
C. District Boundaries. The boundaries of the EOD overlay district shall
be as shown on the official zoning map. (Ord. 284 § 1 (Exh. A) (part),
1996)
9.110.100 AHO Affordable Housing overlay district.
A. Purpose and Intent.
1. To permit the development of affordable housing at higher densities
within commercial zones and other specified residential sites while
maintaining consistency with underlying base land use
designations.
2. To provide increased and enhanced housing opportunities for low
and very low income residents.
3. To accommodate the City's regional housing need.
4. To encourage lot consolidation and maximize the housing potential
of vacant and underutilized sites.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 162 of 334
5. To provide mixed use nodes that minimize vehicle trips and
enhance proximity to services and mass transit, consistent with
implementation measures CI-13 and ND-4 of the City's
Greenhouse Gas Reduction Plan, as well as Transportation
Demand Management principles.
B. Development Standards. See Table 9-9. In addition:
1. Minimum livable floor area excluding garage shall be 600 square
feet.
2. Minimum project distance buffer from Highway 111 shall be 300
feet.
3. Minimum common area open space shall be 30%.
C. District Boundaries. The boundaries of the AHO overlay district shall
include the CC, CP, CN, RC, and VC districts and other sites identified
on the official zoning map.
9.110.120 Mixed Use overlay district.
A. Purpose and Intent.
1. To provide opportunities for multi -family residential development in
combination with commercial and/or office development in a
cohesive and integrated manner.
2. To facilitate mixed use nodes that minimize vehicle trips and
enhance proximity to services and mass transit, consistent with
implementation measures CI-13 and ND-4 of the City's
Greenhouse Gas Reduction Plan, as well as Transportation
Demand Management principles.
B. Development Standards. Section 9.140.090
C. District Boundaries. The boundaries of the MU overlay district shall be
as identified on the official zoning map.
9.110.130 Agricultural/Equestrian Overlay regulations.
A. Purpose. To facilitate the development and preservation of rural
character at low densities in proximity to Vista Santa Rosa.
B. Permitted Uses. Section 9.140.110
C. Development Standards, Residential Uses. See Table 9-9.
D. Development Standards, All Non -Residential Uses. Section 9.140.110
9.110.140 Southeast Area Overlay
A. Applicability. The following development standards shall apply to all
subdivisions less than ten acres in size located in the RL district, south
of Avenue 52, and west of Monroe.
B. Development Standards.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 163 of 334
1. A minimum lot size of twenty thousand square feet shall be
required, unless:
a. The proposed subdivision establishes a minimum of twenty-five
percent open space (exclusive of individual residential lots).
Said open space shall include amenities and features such as
passive open space, trails, play areas or equipment, picnic
facilities, recreational amenities, clubhouse facilities and/or
active use parks. Retention basins may be considered as part of
the 25% open space requirement provided they are designed as
an integral part of the project, fully landscaped, and accessible
for passive and active use.
b. The minimum lot size within the proposed subdivision is equal
to or greater than the minimum lot size of the residential lots
within the abutting subdivided properties . However, under no
circumstances shall lots be less than ten thousand square feet
in size.
c. Driveway access should be consolidated with other neighboring
properties.
2. All other development standards of the RL district, including, but
not limited to, setbacks, building height and parking requirements,
shall apply.
Chapter 9.120 SPECIAL PURPOSE PERMITTED USES
9.120.010 Development permits required.
Table 9-8 of this chapter specifies whether a use or structure is permitted within
a zoning district. However, in most cases development to establish a land use
requires approval of a site development permit and/or other permits as set forth
in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those
uses and structures which are permitted within each special purpose district. The
letters in the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 164 of 334
5. "X": Prohibited in the district.
Table 9-8 Permitted Uses in Special Purpose/Overlay Districts
District
P = Permitted use
2
A = Accessory use
=
C
a
>
C = Conditional
�,
�,
o
�' >
O
>
w
O
use permit
-a o
L
o
i'_
O
?%
20
'vj
T = Temporary use
(n
a
m >+
ai
r
c�a =
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permit
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= Prohibited use
m
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x00
tnm
w
Qx
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Land Use
PR
GC
OS
FP
HC
SOB
EOD
AHO
RR
MU
Open space
P
P
P
P
P
P
**
**
**
**
Public parks, lakes
and passive
P
X
P
P
P
X
**
**
**
recreation facilities
Playfields, lighted or
P
X
X
X
X
X
**
**
**
**
unlighted
Bicycle, equestrian
P
X
P
P
P
P
**
**
**
**
and hiking trails
Libraries and
C
X
X
X
C
X
**
**
**
**
museums
Visitor centers
C
X
C
C
C
X
**
**
**
**
Clubhouses and
**
**
**
community
P
A
X
X
X
X
**
pools/cabanas
Tennis courts or
P
A
X
X
X
X
**
**
**
**
complexes, public
Tennis clubs or
C
A
X
X
X
X
**
**
**
**
complexes, private
Golf courses and
**
**
country clubs,
including
C
P
X
X
X
X
clubhouses and
other customary
accessory uses
Golf courses
**
**
without above-
ground structures,
C
P
X
P
C
X
**
including fairways,
greens, tees and
golf -cart paths
Signs, subject to
A
A
A
A
A
A
**
**
**
**
Chapter 9.160
Fences and walls,
**
**
subject to Section
A
A
A
A
A
A
**
9.100.030
Satellite dish and
A
A
A
A
A
A
**
**
**
**
other antennas,
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 165 of 334
Table 9-8 Permitted Uses in Special Purpose/Overlay Districts
District
P = Permitted use
`°
0
cc
= Accessory use
L
C= Conditional
�,
�,
o
L>
0
>
w=
0
use permit
o
;n
o
0
%
00
`�° m
3
0
Vl
= Temporary use
cac
a
m
ayi
-a .y
w
M
permit
Y
w
=
M
�
o
y c
.__
ayi
�
c
d
x
= Prohibited use
m
o
C
— o>
m M
a
c
a, _
as
0
0
L—L
=v0
cnm
w
Qx
Q
subject to Section
9.100.070
Special events,
subject to Section
T
T
T
T
T
T
**
9.100.1300
Commercial
Filming, subject to
T
T
T
T
T
T
T
T
T
T
Section 9.210.050
Single-family
X
X
C
X
C'
X
**
**
**
**
residential
Multifamily
**
**
**
residential,
commercial (except
sexually oriented
X
X
X
X
X
X
**
businesses), office
or industrial
development
Sexually oriented
businesses, subject
X
X
X
X
X
C
*'
o Section
9.140.050
Communication
**
**
**
towers and
equipment
C
C
C
C
C'
C
**
(freestanding, new
towers) subject to
Chapter 9.170
Communication
**
**
**
towers and
equipment (co -
location, mounted to
M
M
M
M
M
M
**
existing facility)
subject to Chapter
9.170
Electrical
X
X
M
X
M'
X
**
**
**
**
substations
Water wells and
P
P
P
P
M'
X
**
**
**
**
pumping stations
Water tanks and
X
M
M
X
M
X
**
**
**
**
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 166 of 334
Table 9-8 Permitted Uses in Special Purpose/Overlay
Districts
District
P = Permitted use
`°
0
cc
= Accessory use
L
C= Conditional
�,
�,
o
L>
0
>
w=
0
use permit
o
;n
o
0
%
00
`�° m
3
0
Vl
= Temporary use
cac
-a
wai
permit
M
o
_
a
y
�c=
c
X_
Prohibited use
C
oc
>mM
a
a_
a. as
0
0
U—_
=v0
cnm
w
Qx
Q
reservoirs
Public flood control
facilities and
P
P
P
P
P
P
**
devices
Medical marijuana
X
X
X
X
X
X**
X
X
X
X
dispensaries
Other principal,
accessory or
Director or planning commission to determine whether use is permitted
in
temporary uses not
accordance with Section 9.20.040
listed above
** As permitted in the underlying base district.
' Allowed only if permitted in the underlying base district and only if the additional requirements of
he HC overlay district are met (per Section 9.140.040).
(Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS
9.130.010 Table of development standards.
Table 9-9 contains standards for development of property within special purpose
districts:
Table 9-9 Special Purpose District Development Standards
Development Standard
District
PR
GC
OS
FP
HC
EOD
AHO
A/ER
MU
10,000
20,000
sf/20,00
Minimum building site
n/a
n/a
n/a
*
sf
***
1 acre
0 sf
1 acre
multi-
family
Minimum lot frontage
n/a
n/a
n/a
n/a
100 ft.
n/a
100
100
n/a
Maximum structure height (ft.)'
28
28
28
*
28
***
40
28
***
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 167 of 334
Maximum lot coverage
n/a
n/a
I n/a
n/a
30%
n/a
60%
40%
***
Maximum number of stories
2
2
2
2
***
4
2
***
Front:
Front:
Front: 30
20
Int Ext
30
Minimum setbacks
n/a
n/a
n/a
n/a
Int./Ext. Side:
n/a
Garage:
***
10/20
.Side:
20
Rear: 30
Rear:
Rear:
Side: 20
20
Rear- 30
From Highway 111 right-
o -way
50/50
50/50
5 5
50/50
50/50
50/50
n
***
***
0
a
From perimeter street
ROWs
10' min,
10,
20
—,
30
30
30
*
20'
***
min,
***
averag
20'
e
averag
e
***
From all image corridor
c
rights -of -way (except Hwy
30/2
7 U
111) and from all major
30/20
30/20
0
30/20
30/20
30/20
***
.E -on
and primary arterials
c c
ca
**
From abutting residential
30
30
30
**
***
***
property or districts
***
***
From abutting commercial
and other nonresidential
20
20
20
x
**
***
***
property or districts
***
***
Minimum setback from interior
propel lines within the same
0
0
0
**
***
***
***
***
project
Parking and signs
See Chapter 9.150 and 9.160
Fences and walls
See Section 9.100.030
Landscaping and screening
ISee Sections 9.100.040 and 9.100.050
* As required for needed flood control structures.
** As provided in the HC supplemental regulations, Section 9.140.040.
***As provided in the underlying base district regulations, subject to the additional requirements of the
overlay district in Chapter 9.140
1 Not including basements. Also, notwithstanding above table, the maximum structure height equals
22 feet for all buildings within 150 feet of any General Plan image corridor and major or primary
arterials.
2 Landscape setback shall consist of landscaped area within the building setback. Number given is
minimum landscaped setback from the street right-of-way. The remaining building setback may
contain parking, driveways and similar facilities.
3 The image corridors as identified in the General Plan
4 In the AHO, for interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building
height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17
ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in
height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a
maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a
combination of at grade and airspace above the 28-foot building height.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 168 of 334
Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
9.140.010 Purpose and intent.
The regulations of this chapter are intended to provide standards for specialized
aspects of land use within special purpose districts such as hillside conservation
standards, flood hazard reduction measures, and restrictions on the location and
operation of sexually oriented businesses. (Ord. 284 § 1 (Exh. A), 1996)
9.140.020 PR, GC and OS regulations.
The permitted uses and development standards for the PR parks and recreation,
GC golf course and OS open space districts are set forth in Chapters 9.120 and
9.130. (Ord. 284 § 1 (Exh. A), 1996)
9.140.030 FP Floodplain regulations.
A. Applicability. The FP district shall include all areas within the city that
are designated as "Special Flood Hazard Areas Inundated by One -
Hundred -Year Flood" on Flood Insurance Rate Maps (FIRM) provided
by the Federal Emergency Management Agency (FEMA). These
include the "A" and "AO" flood hazard zones. The boundaries of the FP
district are generally shown on the official zoning map. See FEMA
FIRM maps for specific locations.
B. Prohibition of Construction in Floodways. Floodway areas shown on
FIRM maps are special flood hazard areas which carry high velocity
floodwaters, debris and erosion potential. Therefore, except for
necessary public improvements, no fill, structures or other
development shall be permitted within foodways.
C. Flood Hazard Reduction. The following flood hazard reduction
measures shall be required of all construction permitted within the FP
district:
1. Impact on One -Hundred -Year Flood Elevations. New construction
shall not increase the water surface elevation of the projected one -
hundred -year flood more than one foot at any point. In addition,
new construction shall not create or exacerbate erosive velocities
within special flood hazard areas. The city may require certification
by a registered professional engineer that this requirement is
satisfied.
2. Finish Floor Elevation. The finish floor elevation of the lowest floor
of all new buildings shall be at least one foot above the one -
hundred -year or base flood elevation shown on the FIRM map. If
no base flood elevation is shown on the FIRM map, the city may
require certification by a registered professional engineer that the
finish floor elevation requirement is satisfied.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 169 of 334
3. Anchoring. All new structures shall be anchored to prevent
collapse, flotation or lateral movement from hydrostatic and
hydrodynamic loading.
4. Water and Sewer Systems. All new and replacement water supply
and sanitary sewer systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system and discharge
from systems into floodwaters.
5. Electrical, Plumbing and Heating Systems. All new and
replacement electrical, plumbing and heating equipment shall be
designed and located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
6. Drainage. On slopes, adequate drainage paths shall be provided to
guide floodwaters around and away from proposed structures.
D. Permit Procedures. Proposed construction within the FP district shall
require approval of a site development permit in accordance with
Section 9.210.010 and any other permits required per Chapter 9.120
(Special Purpose Permitted Uses). In addition, the following
requirements shall be satisfied:
1. Plans and Studies. Site development permit applications shall be
accompanied by detailed studies and plans sufficient to show to the
satisfaction of the public works director that proposed structures
are safe from flood flows, that there will be no resulting increase in
base flood elevation, and that all other requirements of subsection
C of this section have been or will be satisfied.
2. Requirements of Other Public Agencies. The application shall
include evidence of compliance with applicable requirements of
federal and other agencies, such as the U.S. Army Corps of
Engineers and the Riverside County Flood Control District. (Ord.
284 § 1 (Exh. A), 1996)
9.140.040 HC hillside conservation regulations.
A. Applicability.
1. The HC hillside conservation overlay district applies to all land
within the city designated in the general plan as "open space."
shown on the official zoning map as "HC," and more specifically
described in 9.110.070.
2. The provisions of this section shall also apply to each and every
parcel of land within the city (without otherwise being noted on
exhibit or map which is added to the city by annexation, dedication
or other means) meeting the criteria for being above "the toe of the
slope."
3. Except as specifically provided elsewhere in this title, any and all
disturbance of natural terrain, grubbing, grading, new use, and
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 170 of 334
every new building and premises or land in the HC district shall be
used for or occupied and every building shall be erected,
constructed, established, altered, enlarged, maintained, moved into
or within such HC district exclusively and only in accordance with
regulations set forth in this section.
B. Application of Regulations to Property.
1. In the city general plan, all hillsides and some alluvial fans are
designated open space. In general, the dividing line between open
space and other land uses is meant to follow and be bounded by
"the toe of the slope." The area above the toe of the slope includes
not only hillsides, but also alluvial fans which are not protected by
flood control structures, and drainage ways and stream courses
which have some potential for flooding. In general, alluvial fans not
exceeding twenty percent slope are developable consistent with
this section either through the transfer of residential units from
contiguous hillside areas, by change of designation, or by providing
flood protection.
2. For any parcel subject to the jurisdiction of the city, the city
engineer, upon viewing the site and considering a land suitability
study submitted by the applicant (in accordance with the
requirements of this section) shall determine the boundary between
the developable and the undevelopable portions of the parcel by
locating the toe of the slope per the following criteria (more than
one criterion may apply):
a. The point where waterborne alluvial material not exceeding
twenty percent slope begins to collect to a depth of one foot or
more;
b. The dividing line between steeper rock formations and more
gently sloping alluvium, i.e., where there is a noticeable break in
the angle of slope from steep to shallow;
c. Where the slope gradient exceeds twenty percent;
d. An area unprotected from flooding potential, i.e., an area above
the uppermost flood control structure which intercepts runoff (in
the form of either natural watercourses or as overland sheet
flow) and directs it to a controlled stormwater diversion channel.
C. Permitted Uses in HC District.
1. No development (except as provided under subsection C4 of this
section) shall be approved for slopes exceeding twenty percent.
2. The following uses within the HC district shall be permitted on
alluvial fans with slopes not exceeding twenty percent:
a. Golf courses (not including above -ground structures), including
fairways, greens, tees and golf -cart paths to access them
b. Flood control structures;
c. Parks, lakes and passive recreation facilities;
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 171 of 334
d. Water wells, pumping stations and water tanks (if properly
screened);
e. screened or undergrounded);
f. TV, cable and radio antennas;
g. Hiking, bicycle and equestrian trails;
h. Single-family residential uses;
i. Accessory uses necessary to establish and maintain the
permitted uses, such as roads, gatehouses, on -site subdivision
signs, parking lots, noncommercial community association,
recreation, and assembly buildings and facilities.
3. The following uses within the HC district shall be permitted on
slopes exceeding twenty percent:
a. Hiking, bicycle and equestrian trails not permitting vehicles
b. Access roads which shall be nonvisible unless applicant can
prove to the satisfaction of the city that the only access to a
nonvisible area must traverse a visible area. (Ownership or
nonownership of property is not sufficient proof of reason to
place a road in a visible area.) Roads shall not exceed fifteen
percent grade.
c. Uses listed in subsection (C)(3) of this section may be permitted
provided the land was graded or otherwise significantly
disturbed prior to January 1, 1996, and only if the scarred
location is visible from more than one -quarter of a mile away.
D. Conditional Use Permit Required. In addition to the requirements of
this section, all development within the HC district shall require
approval of a conditional use permit pursuant to Section 9.210.020.
E. Site Development Review Required. All development in the HC district
shall be subject to site development review by the planning
commission pursuant to Section 9.210.010. "Development" in this
context shall include the following: grading, building, grubbing, or
permitting any heavy equipment (equipment whose function is digging,
clearing, earth -moving, grading, or a similar function disruptive to the
natural terrain) access to the HC district property.
F. Criteria for Review of Grading Plans. The planning commission and
city council shall consider the following matters of particular concern in
their review of grading proposals in the HC district. Conditions may be
attached to the approval of grading plans so as to achieve the purpose
and intent of this section and the following objectives:
1. The health and safety of the public;
2. The preservation of vegetation and animal habitat, designation of
stream courses as open space, preservation of habitat corridors,
encouraging revegetation with drought -tolerant native species;
3. The avoidance of excessive building, padding or terracing and cut
and fill slopes to reduce the scarring effects of grading;
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 172 of 334
4. The encouragement of sensitive grading to ensure optimum
treatment of natural hillside and arroyo features;
5. The encouragement of imaginative grading plans to soften the
impact of grading on hillsides, including rolled, sloping or split pads,
rounded cut and fill slopes, and post and beam construction
techniques; and
6. The maximum retention of vistas, and natural topographic features
including mountainsides, ridgelines, hilltops, slopes, rock
outcroppings, arroyos, ravines and canyons.
G. Engineering Reviews Required. For every home site or for every
subdivision proposed within the HC district, the following reports shall
be prepared by a California -licensed engineer (licensed in the
appropriate discipline), and filed with the city engineer, unless
specifically waived by the city engineer based on a visit to the
proposed site:
1. Hydrology, drainage and flooding report for all sites;
2. Soil survey of the sites proposed attesting to stability of all sites and
the appropriateness of the construction method proposed;
3. Underlying geology/engineering report attesting to stability of all
sites;
4. Seismic analysis attesting to the stability of the site(s) and
addressing the potential of material above the site(s) impacting the
site(s);
5. Access plan showing the preliminary engineering for roads giving
access to the proposed site(s);
6. Grading plan for the construction site(s) and access routes; and
7. A utility plan demonstrating the feasibility of providing water for
domestic and fire suppression purposes, sewer, power, and other
utilities, especially with regard to the scarring effects of the grading
necessary to install such utilities.
The city engineer shall specifically approve each proposed site and
access route based on the submitted reports.
H. Other Studies Required. The following studies shall be filed with the
Planning Division as a part of the application process:
1. All development in the HC district shall be subject to a report by a
qualified biologist addressing the following:
a. Natural vegetation and native plants which may be affected by
the project;
b. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and
native animal species; and
c. Plans to maintain corridors for wildlife habitat and movement of
animals within HC district.
2. All development in the HC district shall be subject to a review by a
qualified archaeologist addressing the following:
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 173 of 334
a. A review of the literature and records for any known and/or
recorded historic or prehistoric resources;
b. A survey of the project site for historic or prehistoric resources;
and
c. A final report of findings and recommended mitigation and
resource treatment shall be submitted to the Director for review.
3. A plan for the preservation of all areas exceeding slopes above ten
percent as specified in subsection (1)(6) of this section, including:
a. The designation of all areas exceeding ten percent slope, with
the degree of slope noted, and the calculation of the percent to
be left undisturbed;
b. The designation of all watercourses both natural and man-
made, with plans for the preservation and/or reintroduction of
native drought tolerant plants. Watercourses shall be
designated as open space; and
c. A monitoring program (following CEQA) for the preservation of
open spaces.
4. A viewshed study, including plans and sections, showing visibility of
proposed project and grading as viewed from surrounding
properties located at lower elevations.
I. Grading, Grubbing and Scarring Control.
1. No permits shall be issued for any grading, grubbing, building or
structure in the HC district until grading plans, slope planting and
irrigation plans, and building elevations for design review have
been submitted to the planning commission for approval. In
reviewing plans for grading, slope planting and irrigation, native
revegetation, mitigation of scarring caused by grubbing and
grading, preservation of the natural state of the hillsides and water
courses (based on slope angle) and building elevations, the
commission and council shall consider the purpose and intent of
this section and the criteria established in this section, together with
applicable standards and shall approve the design if all applicable
provisions are met.
2. Conditions may be applied when the proposed development does
not comply with applicable standards so as to bring such
development into conformity or the plans and drawings may be
disapproved and the city shall specify the standard or standards
that are not met.
3. Any person who fails to protect the natural terrain, defaces, grades,
grubs, scars or otherwise disrupts the natural terrain in the HC
district without prior city approval of plans for such work subject to
this section shall have created a public nuisance which shall be
abated. Abatement may include the property owner undertaking the
restoration (under city supervision and monitoring), or that failing,
city -contracted restoration of the disrupted area. The property
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 174 of 334
owner may be charged the cost of the restoration together with the
direct costs of supervision and monitoring of the restoration. If the
property owner fails to reimburse the city for the costs incurred, a
lien against the property for payment may be instituted.
4. Any plans which are being considered by the city for development
shall, at the time of discovery of the creation of the public nuisance,
be denied by the decision -making authority. After such time as the
public nuisance has been completely abated, the plans may be
resubmitted upon payment of all required fees.
5. The provisions of this section shall be in addition to other municipal
code titles and regulations applicable to grading activities within the
city. No grading shall be conducted, nor shall any grading permit be
issued for grading in the HC district until grading plans and special
drawings showing grading and topography as viewed from critical
locations within the neighborhood or community have been
approved by the planning commission.
J. Development Standards.
1. Maximum Density and Minimum Lot Size. In the HC district, the
maximum density permitted shall be one residential unit per ten
acres. On a contiguous parcel which includes areas both above
and below the "toe of the slope," residential units may be clustered
together below the "toe of the slope" to take advantage of buildable
areas with lower slope angles, provided the overall density for the
parcel of one unit per ten acres is not exceeded. Structures shall
remain single-family, separated, on individual lots having an area of
at least twenty thousand square feet.
2. Setback Requirements. The requirements for the RVL very low
density district shall apply.
3. Maximum Building Height. The requirements for the RVL district
shall apply except that no structure shall be placed in such a way
that its outline is visible above a ridgeline.
4. Parking. Off-street requirements shall conform to Chapter 9.150.
5. Roof Equipment. No roof -top equipment for heating, cooling or
other purposes shall be permitted.
6. Architecture. The architectural treatment of structures within the HC
district shall be compatible with the setting of the structure and shall
be generally consistent with requirements of the desert setting and
other architectural treatments found elsewhere in the city. Use of
indigenous materials for the structure of walls should be
encouraged. Fencing and walls shall conform to the standards for
the RC cove residential district standards as set forth in Section
9.30.050.
7. Landscaping.
a. On the cut or pad occupied by the structure, landscaping may
be left to the choice of the homeowner providing some selection
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 175 of 334
of drought -tolerant species is included. Elsewhere on the site
(or within open space), native vegetation shall be undisturbed or
shall be recreated after approved grading.
b. The applicant or developer shall be responsible for the
maintenance of all slope planting and irrigation systems until
such time as the properties are occupied or at the time a new
property owner or homeowner's association accepts the
responsibility to maintain the landscaping in common areas, or
other maintenance district formation is established.
8. Utilities. All utilities shall be placed underground except for water
tanks and substations, which shall be appropriately screened and
painted in colors to blend into the background.
K. Land Divisions in HC District. In order to assure compliance with the
provisions of this section, the following requirements shall apply to the
proposed division of any property which is partially or completely within
the HC district: A preliminary grading plan prepared in accordance with
the provisions of municipal code Title 13 and this section shall be
submitted (together with other requirements of this section) with every
conditional use permit, tentative subdivision map or parcel map filed
for approval. The preliminary grading plan shall show at least one
practical, usable and accessible building site which can be developed
in accordance with the provisions of this section within each proposed
lot or parcel.
L. Transfer of Development Rights.
1. Transfers of development rights shall follow the procedures and
standards set forth in Chapter 9.190.
2. Any owner of property within the HC district may transfer
development rights from the HC district on the basis of one
residential unit per ten acres.
3. Development rights may be transferred as follows:
a. Transferred to a subdivided portion of the same property below
"the toe of the slope," as presented in a conditional use permit;
or
b. By means of sale to any area of the city which has been zoned
for residential purposes, provided the increase for any particular
parcel does not exceed twenty percent of the general plan
density designation;
c. Development rights may be retained by an individual;
d. Transfer rights may be further sold as provided in Chapter
9.190.
4. Any owner of property within the HC district may sell, bequeath or
transfer the development rights of the property, in accordance with
this section and Chapter 9.190 to any governmental jurisdiction or
any properly organized nonprofit organization whose charter allows
for the ownership of public open space. The governmental
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 176 of 334
jurisdiction or nonprofit organization may retain or sell or transfer
acquired development rights in accordance with Chapter 9.190.
M. Relocation of Toe of Slope. If, as a result of an approved
developmental project, a flood control structure is placed higher on a
hillside area so that an area of alluvial fan becomes protected from
flooding potential, or if the location of the toe of the slope is moved by
alteration of some other criterion set forth in subsection B of this
section for determining the location of the toe of the slope, the new
area below the toe of the slope shall remain within the HC district. The
conditional use permit approved for the development shall determine
the effective density of any new developable portion of the new area
by virtue of the transfer of development rights from the hillside areas to
the new area.
N. Ownership and Maintenance of Recreation/Open Space.
1. Those areas located within a hillside development controlled by this
section which are to remain as undeveloped open space, such as
undevelopable slopes and natural landmarks, may be offered for
dedication for game preserve, recreation or open space purposes.
Such areas may be offered to a public agency or to a nonprofit land
trust, conservancy or similar organization whose charter allows for
the ownership of recreation and open space which will preserve the
natural open space in perpetuity.
2. If an offer of dedication under subsection N1 of this section is not
accepted, the developer shall make provisions for the ownership
and care of the open space in such a manner that there can be
necessary protection and maintenance thereof. Such area shall be
provided with appropriate access and shall be designated as a
separate parcel or parcels which may be maintained through
special fees charged to the residents of the subject development or
through an appropriate homeowner's association or maintenance
district.
O. Change in Designation of HC Land. All lands within the HC hillside
conservation district are designated on the general plan land use
policy diagram as "open space." A property owner may propose a
change from this designation and from the HC district zoning by means
of all of the following procedures:
1. Approval of a general plan amendment from open space
designation to an equally appropriate category.
2. Approval of a change of zone from HC to an equally appropriate
district.
3. Approval of a specific plan for the property.
4. Satisfaction of the engineering and other reviews required in this
section.
Ordinance No. 550
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Adopted: November 15, 2016
Page 177 of 334
5. Compliance with all other provisions of this section except
subsection C, J 1, 2 and 3, L and M. (Ord. 299 § 1, 1997; Ord. 284
§ 1 (Exh. A), 1996)
9.140.050 SOB sexually oriented business regulations.
A. Purpose of Regulations.
1. The city council finds that sexually oriented businesses, by their
nature, have objectionable secondary effects upon adjacent areas.
The purpose of this section is to ensure that these adverse effects
will not contribute to the blighting or downgrading of the
surrounding neighborhoods, to prevent crime associated with
sexually oriented businesses as defined in Section 5.80.020 of the
municipal code, to maintain the integrity of residential
neighborhoods, to protect minors from the secondary effects of
sexually oriented businesses, to protect retail trade occurring
adjacent to sexually oriented businesses, to maintain property
values within the city, and to protect and preserve the quality of life
within the city.
2. It is not the intent of this section, and this section shall not be so
construed, to suppress, regulate or affect in any way the content of
communication or expression associated with sexually oriented
businesses.
3. The city council finds that this section allows the establishment of
sexually oriented businesses at a reasonable number of locations
within the city.
4. The city council finds that the establishment of the sexually oriented
business overlay district best provides the means to adequately
regulate sexually oriented business uses in the overall land use
plan of the city.
B. Permit Required. Prior to establishment or transfer of a sexually
oriented business, all provisions of Chapter 5.80 of the municipal code
shall be met including obtaining the required permit.
C. Boundaries of SOB Overlay District. The boundaries of the overlay
district are described in Section 9.110.080.
(Ord. 284 § 1 (Exh. A), 1996)
9.140.060 EOD equestrian overlay regulations.
A. Applicability. The EOD equestrian overlay district regulations set forth
in this section shall apply to all areas of the city containing the "EOD"
overlay designation on the official zoning map. These regulations shall
apply in addition to the regulations of the underlying base district. In
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case of conflict between the base district and the EOD regulations, the
EOD regulations shall control.
B. Definitions. See Chapter 9.280.
C. Principal Uses. Principal uses permitted in the equestrian overlay
district shall be as follows:
1. Any use permitted, either expressly or by conditional use permit, in
the underlying zone;
2. The keeping of horses (including ponies or llamas) for personal use
of the residents of the property only, not to include any activities
beyond that necessary to continue the resident's personal use. This
may include limited breeding and boarding activities of a non -
compensatory nature, such as for other family members' personal
use. Up to two horses shall be allowed on a minimum one acre
parcel. For parcels in excess of one acre, up to three horses per
additional acre or portion thereof, shall be allowed. Foals under one
year of age shall not be counted in the maximum number of horses
permitted;
3. Accessory buildings and structures, including stables, corrals,
barns, tack rooms, exercise rings, hay barns and other buildings
and structures customarily appurtenant to a permitted use;
4. Farm projects (Future Farms, 4-H or similar projects) conducted by
the residents of the premises. Such projects shall involve only the
permitted type and number of animals by this title being trained in
connection with the education of a person as a member of a
recognized farm education organization;
5. Caretakers and employee housing for on -site employment;
providing, that the unit does not exceed one thousand square feet
and conforms to the setbacks in the underlying zone.
D. Conditional Uses. The following uses are permitted if a conditional use
permit is approved per Chapter 9.210.020:
1. Commercial stables and riding academies, as defined in this
section.
2. Arenas for the purpose of conducting events such as rodeos and
other equestrian -oriented entertainment.
3. Veterinary offices or hospitals, when established on the same
parcel as the principal residence; provided, that only temporary
boarding facilities may be established for purposes of boarding sick
or injured animals, and that animals not permitted in the underlying
zone may not remain at the facility.
E. Development Standards. The following development standards
generally apply to all properties in the equestrian overlay district.
Commercial equestrian facilities/uses may be subject to more
restrictive requirements through the conditional use process.
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1. All accessory buildings shall be limited to two stories in height and
a maximum of thirty-five feet, measured from finish grade of the
pad.
2. The following minimum setback requirements shall apply:
a. Pastures shall not require any setback. However, if a pasture
does not extend to a property line, a minimum ten -foot setback
from property line shall be provided.
b. Accessory buildings (barns, stalls, etc.) shall maintain twenty-
five feet from non -overlay property lines and ten feet from
overlay property lines.
c. Accessory structures shall maintain thirty-five feet from any non -
overlay properties. A ten -foot setback from adjacent overlay
property lines shall be maintained.
d. Arenas shall be reviewed for appropriate setback and design as
part of the conditional use permit process, as they are not
considered accessory uses to residential equestrian. Generally,
arenas shall maintain a minimum seventy -five-foot setback from
any property line.
e. Manure storage containers shall be set back a minimum of fifty
feet from any non -overlay property line and twenty feet from
other property lines.
f. Manure spreading areas shall not be established within twenty-
five feet of any property line.
g. No accessory building, use or operation described in this
subdivision shall be established or conducted within eighty feet
of any residential structure.
3. Fencing.
a. Pasture and corral areas, as well as all open areas abutting
non -equestrian properties, shall consist of fencing at least five
feet high and of such construction as to confine the animals.
Fences which are on property lines or are adjoining and running
parallel to private streets or bridle trails, shall be three -rail, with
a minimum height of five feet from grade, and posts spaced not
more than ten feet apart. All posts shall be nominal four inches
by nominal six inches minimum, with nominal two inch by
nominal six inch minimum rails. This section shall not apply to
property lines along any street identified and shown on the
circulation element of the general plan, where specific sound
attenuation is necessary based on an approved acoustic study
prepared for a subdivision map.
b. Fencing requirements of this section shall take precedence in
the event of any conflicts with the provisions of Section
9.060.030 (Fences and walls), for properties keeping horses
within the equestrian overlay district.
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4. Dust Control. Corrals, stables, exercise rings and arenas, and any
other disturbed soil area shall be regularly sprinklered or otherwise
treated to a degree so as to prevent the emanation of dust, and in
addition, all accumulation of manure, mud or refuse shall be
eliminated so as to prevent the breeding of flies. Any open areas
shall be subject to the requirements of Chapter 6.16 whenever
applicable. All nuisance water runoff must be detained on the
subject property.
5. Manure Collection. Removal and treatment of manure must occur
on a regular basis so as to promote the health, safety and welfare
of residents and visitors to the area in accordance with the
following standards:
a. Stalls shall be cleaned on a daily basis. Straw, hay, sawdust or
other bedding materials may be stored or composted for later
disposal, but shall not be spread with manure over open areas.
b. Manure shall be collected from all source areas daily and may
be stored for later disposal in an enclosed container of
adequate size. Open manure stockpiles are not permitted.
Manure stored for disposal shall be removed from the property
within seven days.
c. Manure to be used for composting purposes shall be placed in
an appropriately designed composting bin in order to properly
decompose and eliminate parasites. Only composted manure
may be used in any spreading operation.
d. Spreading of manure may only occur in conjunction with
commercial equestrian uses, and must be conducted over an
adequately sized area capable of assimilating the nutrients in
the spread material. Such an area may only be operated as part
of overall disposal and treatment program approved by the city
or established as part of a conditional use permit application.
e. Method for removal of manure from the property is at the
owner's discretion. Off -site delivery to agricultural or related
operations for fertilizer use is permitted. On -site use of
composted material is permitted in new or established
vegetated areas, such as gardens, landscaping,
reestablishment of pasture vegetation, etc.
f. Any condition that results in odors, unsightly areas or infestation
shall be deemed a public nuisance and/or health hazard and
shall be abated within seven days of proper notice. All violations
are subject to enforcement provisions of the La Quinta
Municipal Code and applicable county health codes.
6. Parking. Parking shall be provided as required by Chapter 9.150,
and shall be based upon the overall use of the property or as
required by an approved conditional use permit.
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7. Lighting. Any proposed lighting must comply with Sections 9.60.160
and 9.100.150 (Outdoor lighting). Lighting of equestrian and related
activity areas shall not occur beyond ten p.m. unless otherwise
specified by an approved conditional use permit. This restriction
does not pertain to general area and yard lighting associated with a
primary residential use on equestrian property.
8. Loudspeakers. Loudspeaker systems or other amplified sound are
limited to operation or use between eight a.m. and ten p.m. unless
otherwise specified by an approved conditional use permit.
F. Review and Approval Process. Equestrian uses, buildings and
structures shall be reviewed in accordance with the following
procedures:
1. Accessory buildings, detached or attached, as defined in this
section:
a. Up to four hundred square feet for each building or structure, to
be reviewed with the building permit application for approval by
the Director;
b. Over four hundred square feet to be reviewed through the site
development permit procedures of Section 9.210.010, by the
planning commission.
2. All other permitted buildings are subject to the process identified for
the underlying base district and this section.
3. Conditional Use Permits.
a. Conditional uses shall be required to obtain a conditional use
permit in accordance with the procedures outlined in Chapters
9.200 (General Permitting Procedures) and 9.210 (Development
Review Permits). All uses, buildings and structures identified in
subsection D of this section existing prior to the effective date of
the ordinance codified in this section shall be considered as
nonconformities in accordance with Chapter 9.270
(Nonconformities). Property owners of all such uses, structures
and buildings shall file a site plan for the entire facility with the
Planning Division within thirty days of the effective date of the
ordinance codified in this section.
b. In addition to information required for a conditional use permit
application filed pursuant to Chapter 9.210, the following
information shall be submitted for conditional uses proposed in
the EOD overlay district:
i. A proposed program for storage, treatment and removal of
manure produced by the operation.
ii. A fugitive dust control plan, as required by Chapter 6.16 of
the La Quinta Municipal Code, addressing control of dust
and identification of all potential dust sources.
iii. Proposed or potential tentative scheduling of any events or
other activities which may produce impacts beyond the
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scope of the proposed uses routine operations. (Ord. 284
§ 1 (Exh. A), 1996)
9.140.070 Condominium hotel development and usage regulations.
A. Purpose. The specific purposes of these regulations are to assure that
condominium hotel projects are conditioned at the time of development
approval in such a way as to ensure appropriate public health, safety,
welfare and land use classifications and standards; to mitigate
potential impacts of condominium hotels on traffic congestion, air
quality, building design and safety, police, fire and emergency
services; to assure other adequate public facilities; to allow
condominium hotel development projects some financial flexibility
subject to the approval of the city council; to prohibit conversion of
existing hotels to condominium hotels; and to provide the city with
appropriate development and operational controls over condominium
hotels
B. Definitions. The following definitions shall govern the construction and
interpretation of this section.
1. Development Agreement. For purposes of this section, the term
"development agreement" means any of the following:
a. A statutory development agreement entered into pursuant to
Government Code Sections 65864 et seq.
b. A disposition and development agreement entered into between
an applicant and the city; o
c. An owner participation agreement entered into between an
applicant and the city.
2. "Effective date" means the date on which the ordinance adopting
this section becomes effective
3. "Operator" means the entity designated by the owner of the
condominium hotel or, if all of the common area of a condominium
hotel is owned by a condominium owners' association, designated
by such association, to manage the condominium hotel.
4. "Personal use" means the use or occupancy of a unit by an owner
or any nonpaying guest of an owner for whom the owner may, and
does, reserve its unit. use of a unit arising out of an exchange
program with an affiliated hotel property shall be considered
personal use by the owner.
5. "Unit" means a condominium unit, as shown on a recorded
condominium plan, which is located within a condominium hotel.
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6. "Unit owner" or "owner" means an individual or entity that acquires
any ownership interest in, and holds title to, one or more units.
C. Condominium Hotel Regulations. No person or entity shall construct or
operate a condominium hotel within the city without first obtaining all
necessary entitlements pursuant to this section and pursuant to other
applicable provisions of the La Quinta Municipal Code. All other
provisions of the La Quinta Municipal Code, including, without
limitation, Title 8 (Buildings and Construction), Title 13 (Subdivisions),
and Title 9 (Zoning Code) shall be applicable to the construction and
maintenance of condominium hotels; provided however, that the more
specific provisions contained in this section shall prevail over any
general provisions set forth in the La Quinta Municipal Code. A
condominium hotel shall be allowed as a conditionally permitted use,
subject to the terms of this section, and only within those zoning
districts in which hotels or similar tourist and vacation accommodations
are expressly permitted either conditionally or as of right, pursuant to
the terms of Title 9 (Zoning Code) and/or any applicable specific plan.
Each application for a condominium hotel will be reviewed by the city's
planning commission and city council. If the planning commission
recommends granting approval of the application, the city council shall
set notice of a public hearing to be held within forty-five days thereafter
or such later date as may be set by the city council. approval shall be
subject to required conditions necessary to carry out the provisions of
this section.
D. Application for Condominium Hotel. An application for a condominium
hotel shall include the following six requirements, in addition to any
other information that the city may determine is necessary to review
the application. No condominium hotel may be approved without
approval of all of the following requirements:
1. Development Agreement. A proposed development agreement
application, which shall provide for enforcement of all conditions
and standards required by this section. In addition to any other
provisions that may properly be included within the development
agreement, the parties may agree to terms and conditions that are
different from, or in addition to, and supersede, the provisions and
requirements of this section. The city shall include such terms as it
deems necessary to ensure that the condominium hotel operates
as the equivalent of a traditional hotel. The development agreement
shall also include a draft declaration of covenants, conditions and
restrictions pursuant to subsection G of this section.
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2. Conditions, Covenants and Restrictions (CC&Rs). The proposed
CC&Rs for the units.
3. Environmental Assessment. Information necessary for the city to
perform an environmental assessment of the proposed
condominium hotel project, pursuant to the California
Environmental Quality Act (Public Resources Code, Sections
21080 through 21094 and its implementing regulations).
4. Subdivision Application. Each condominium hotel application shall
be accompanied by an application for a tentative or vesting
tentative map pursuant to Title 13 of the La Quinta Municipal Code.
5. Specific Plan. Each condominium hotel application shall be
accompanied by an application for a specific plan or be within an
approved specific plan area which permits such use, pursuant to
Government Code Sections 65450 et seq.
6. Site Development Permit. Each condominium hotel application
shall be accompanied by an application for a site development
permit pursuant to Chapter 9.210 of the Zoning Code.
E. Development Standards. The condominium hotel shall comply with all
the development, use, area, parking and other applicable standards of
the zone or applicable specific plan in which the project is located.
F. Condominium Hotel Standards, Conditions and Requirements. In
addition to the standards referenced in this section, each condominium
hotel is required to meet the following additional standards, conditions
and requirements:
1. No unit may be used as a full-time or permanent residence, except
as set forth in subsection (F)(2) of this section.
2. No more than one unit in each condominium hotel may be used for
the full-time or permanent residential occupancy by a person or
family serving as the on -site manager of the condominium hotel.
Such unit must be owned by the owner or operator of the
condominium hotel or the owners' association, and shall not be
used for homestead purposes.
3. At its sole cost and expense, each individual unit owner may
choose to hire any rental agent of its selection, or the operator or
an affiliate, for the purpose of advertising the rental availability of,
and procuring potential renters for, the owner's unit. Unit owners
may also rent their units themselves. When not being used for
personal use, each unit shall be available for rental as a hotel
accommodation. The operator shall have the right, working through
the unit owner or its designated rental agent, to book any un-
booked room to fulfill demand, and to charge a reasonable booking
fee for each such booking.
4. Hotel guests (whether transient or personal use and not including
any on -site manager) are prohibited from occupying or remaining in
any unit for more than twenty-nine consecutive days, with a
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minimum seven-day period intervening between each twenty-nine
consecutive day use period.
5. Personal use shall not exceed: (a) thirty days in the aggregate
during the period of November 1st through April 30th; or (b) sixty
days in any calendar year, unless the owner engaging in such
personal use satisfies all requirements for such excess use as set
forth in the declaration.
6. All units shall be completely furnished with furniture, fixtures and
equipment to the standards established by the owner or operator of
the condominium hotel. A furniture, fixtures and equipment reserve
account shall be established and maintained in order to maintain
and, when necessary, replace the furniture, fixtures and equipment
within the units to maintain the facility in its first class condominium
hotel standard.
7. The proposed location, use, and design of the condominium hotel
shall be consistent with the city's general plan, zoning ordinances,
and any specific plan covering the area in question.
8. In accordance with the existing provisions of Chapter 3.24 of the La
Quinta Municipal Code, every condominium hotel shall be subject
to the city's transient occupancy tax requirements, as may be
amended from time to time. The owner of a condominium hotel unit
shall receive golf and other benefits which are available to
residents of La Quinta on the same terms, and subject to the same
conditions, as are applicable to such residents.
9. Any proposed condominium hotel that will not, as proposed, qualify
as a first class condominium hotel shall not be eligible to operate as
a condominium hotel in the city of La Quinta.
G. Provisions for Declaration. The development agreement submitted with
the condominium hotel application shall include a draft declaration of
covenants, conditions and restrictions (declaration) (which shall be
separate and apart from the CC&Rs required to create the units as
condominiums pursuant to California law) which must be approved by
the Director and the city attorney prior to final approval of the
condominium hotel application, and thereafter recorded against the
condominium hotel in the Riverside County recorder's office. The
declaration shall include the following provisions:
1. The declaration shall require the units to be included within a hotel,
and (other than the unit occupied by an on -site manager) made
available as a hotel accommodation when not being used for
personal use.
2. The declaration shall require that the operator manage the units for
the unit owners pursuant to the operator's then -standard form of
agreement, and provide to the condominium hotel, the property,
and the occupants and owners of the units, on a seven-day a week
basis, any or all on property services commonly provided at first
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class condominium hotels and resorts, including without limitation,
such services as front desk check -in and check-out services
(including electronic keys), routine housekeeping, laundry and dry
cleaning, room service, catering and other food and beverage
services, spa services, concierge services, parking and bellman
services to the unit owner and the unit owner's guests. The
availability and right to use such services shall be conditioned upon
payment of such charges or fees as may be imposed generally on
hotel guests. As to the availability and right to use services such as
front desk check -in and use of resort pools, lobbies, recreational
facilities, etc., which are not separately charged to hotel guests,
use will be conditioned upon the payment of such fees as are
determined by the operator to be appropriate to reflect the allocable
costs of such services and facilities attributable to each unit within
the hotel. The operator shall have the exclusive right to restrict and
control access to any and all shared facilities within the
condominium hotel, provided the same does not restrict a unit
owner's right of access to her, his or its unit, except that unit access
shall be subject to mandatory registration at the hotel front desk to
obtain a key to the unit, which key shall be an electronic key. The
operator's management obligations shall also include upkeep and
repair of the interior of each unit, and monitoring and managing
repair and replacement of furniture, fixtures and equipment, both at
the unit owner's sole cost and expense.
3. The declaration shall require the operator to provide a quarterly
report to the city that contains all of the following information on
each unit: (a) the number of the unit; (b) the name, address and
telephone number of the owner of the unit; (c) whether the operator
is and has been the rental agent for the unit during the immediately
preceding calendar quarter; (d) the personal use during the
immediately preceding calendar quarter; (e) the name and address
of any occupant of the unit (other than the owner) whose
occupancy exceeded the twenty-nine day maximum; and (f) the
TOT that has been collected by the operator and remitted to the
city for use of the unit during the immediately preceding calendar
quarter.
4. The declaration shall require the condominium hotel owner or, if
none, the condominium hotel's owner's association to hire a
qualified professional operator to manage, maintain and operate all
portions of the condominium hotel in a manner consistent with the
first class condominium hotel standard required by this section. The
operator shall have at least five consecutive years of experience in
the hotel management business in hotels that meet the first class
condominium hotel standard and have no fewer than ten other
properties (each in separate cities, or distinct and separate projects
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in any given city, nationally or internationally) under current
management. The condominium hotel owner or owner's
association, as the case may be, shall provide the city with
appropriate documentation to demonstrate that the proposed
operator meets the requirements of this subsection, to be approved
by city staff prior to issuance of a certificate of occupancy for the
condominium hotel. Upon request by the applicant, the city
manager may waive the experience standards required above upon
finding that the proposed operator has comparable substitute
experience and qualifications. the declaration shall include
provisions regarding proposed changes in the operator.
5. The declaration shall give the condominium hotel owner, operator,
and the city the right, power and obligation to enforce the first class
condominium hotel standard including, without limitation, the right
to enter any portion of the condominium hotel, and any individual
condominium hotel units, to cure, or cause the unit owner to cure,
any failure to meet the first class condominium hotel standard; and
shall permit the enforcement by the city, in its discretion, of this
section and the declaration.
6. The declaration shall provide that hotel guests (whether transient or
personal use and not including any on -site manager) are prohibited
from occupying or remaining in any unit for more than twenty-nine
consecutive days, with a minimum seven-day period intervening
between each twenty-nine consecutive day use period.
7. The declaration shall provide that personal use shall not exceed:
(a) thirty days in the aggregate during the period of November 1st
through April 30th; or (b) sixty days in any calendar year, unless
provisions for such excess use are provided for in the development
agreement and are complied with by the unit owner.
8. Subject to applicable California general law and Department of
Real Estate regulations, and unless otherwise provided in the
development agreement, the declaration shall provide that the
obligation to pay any fees or changes provided for in the
development agreement shall be secured by a lien in favor of the
city encumbering the units for the amount owed, including any
permitted penalties or interest, and that the city shall have the right,
but not the duty, to foreclose on any such liens through equitable or
legal proceedings.
9. The declaration shall provide that it shall not be amended without
the prior written consent of the city.
H. Reporting and Inspection. Upon request of the city manager, each
owner, the condominium hotel association and the operator shall
maintain, on -site, and regularly make available to the city and its
employees and agents such information, books, records, and
documentation, including all records relating to personal use and
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transient use of each unit, and also shall allow reasonable access to
individual units, as the city finds necessary to have or review in order
to ensure that the city may determine and enforce the condominium
hotel's compliance with this section and other applicable city laws,
regulations, the condominium hotel conditions, the development
agreement, and the declaration. The original and, upon each change,
every subsequent operator shall immediately advise the Director of its
name, qualifications, address, telephone number and the name of a
contact person.
I. Conversions. An express purpose of these regulations is to preserve
and enhance the city of La Quinta's existing hotel inventory. All
existing hotels are prohibited from converting to condominium hotels
from and after the effective date. Thereafter, no other conversions to
condominium hotels shall be allowed in any zone, except that existing
hotels with less than twenty units may apply to convert, provided that
the hotel, after conversion, would generate an equivalent, or greater
amount of municipal revenue, and provided that the city council finds
that such conversion is in the best interest of the city.
J. Prohibited Units. No provision in this section shall be deemed to permit
a timeshare, fractional or other vacation ownership unit if otherwise
prohibited by the La Quinta Municipal Code. (Ord. 432 § 1, 2006)
9.140.080 AHO Affordable Housing Overlay regulations.
A. Applicability.
1. The AHO overlay district and the provisions of this section apply to
all areas of the city containing the "AHO" overlay designation on the
official zoning map. These include the CC, CP, NC, RC, and VC
commercial zones, and other sites, as designated on the zoning
map. These regulations shall apply in addition to the regulations of
the underlying base district. In case of conflict between the base
district and the AHO regulations, the AHO regulations shall control.
B. Definitions. See Chapter 9.280.
C. Permitted Uses. See Section 9.120
1. Any use permitted, either expressly or by conditional use permit, in
the underlying zone;
2. Affordable housing residential units on lots 1 acre or greater in size,
including those that are stand-alone, next to, and/or above non-
residential uses.
D. Development Standards, All residential uses. See Section 9.130.
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9.140.090 MU Mixed Use Overlay regulations.
A. Purpose. To facilitate the development of mixed use projects that
include both multi -family 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.
1. 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.
1. Any use permitted or conditionally permitted in the underlying
district.
2. Mixed Use projects consisting of both multi -family residential
(apartments, condominiums, and similar housing types) and
commercial/office components.
E. Development Standards.
1. Mixed use projects shall include both a commercial and/or office
component and a multi -family residential component, which are
fully integrated with regard to access, connectivity, and public
safety. Residential uses with a density of 12 to 24 units, must
comprise a minimum of 35% of the total square footage of the
proposed project. 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. 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 12 dwelling
units per acre.
5. Maximum densities for residential development shall be 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.
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7. Maximum height. A Mixed Use project may be up to 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
CC
40 feet
CN
35 feet
VC
45 feet*
CT
55 feet
CO
55 feet
* In the VC underlying district, when a minimum of '/2 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.
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 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 300 feet to facilitate
convenient public access around the building.
11. Pedestrian, bicycle, and other non -motorized 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 passers-by are highly encouraged. Communal
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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 Section 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 9.150.070
(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 9.100.40 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.
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).
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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.
F. Mixed Use Incentives.
1. Mixed use projects that provide a minimum of 30% of total project
square footage for retail uses shall receive a density bonus of 10%
for the residential component of the project.
2. 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 15%.
3. Development proposals for mixed use projects shall receive
expedited entitlement and building permit processing.
4. Mixed use projects shall receive a ten (10) percent 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 (15) percent.
9.140.100 Agricultural/Equestrian Overlay
A. Permitted Uses.
TABLE 9-10
PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL
DISTRICT
LAND USE
Residential Uses
Single Family detached dwellings
P
Farmworker housing
C
Mobile home parks
C
Mobile home subdivisions and manufactured homes on individual lots
P
Child day care facilities as an accessory use, serving 8 or fewer
children, subject to Section 9.60.190
A
Child day care facilities as an accessory use, serving 9-14 children,
subject to Section 9.60.190
M
Caretakers residence
P
Open Space and Recreational Uses
Public parks playfields and open space
P
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Bicycle, equestrian and hiking trails
P
Tennis court or other game court as an accessory use associated with
a private residence
P
Tennis court or other game court for public use
M
Golf course and country club, with or without driving range
P
Driving Range with or without lights
C
Accessory Uses and Structures
Home occupations, subject to Section 9.60.110
H
Patio covers, decks and gazebos, subject to 9.60.040
A
Fences and walls, subject to Section 9.60.030
A
Satellite dishes and other antennas subject to Section 9.60.080
A
Swimming pools, spas and cabanas, subject to Section 9.60.070
A
Guest houses, subject to Section 9.60.010 M
A
Second units, "granny flats" and employee quarters, subject to Section
9.60.090 M
A
Garages and carports, subject to Section 9.60.060
A
Keeping of animals, subject to Section 9.60.120
A
Equestrian and Agricultural Uses
Stables, private
P
Stables, commercial or riding academy
C
Polo grounds, including stables, clubhouse
C
Veterinary offices and hospitals
C
The grazing and breeding of cattle, horses, llamas, or other farm stock
or animals, not including hogs, not to exceed five animals per acre of all
the land available
P
The grazing and breeding of sheep or goats, not to exceed 15 animals
per acre of all land available
P
Farms for rabbits, fish, frogs, chinchilla or other small animals
P
Nurseries, greenhouses, orchards, aviaries, apiaries
P
Tree crop farming
P
Field crop or turf farming
P
Winery and incidental uses with established vineyard
P
Produce stands, subject to Section 9.100.100
P
The drying, packing, canning, freezing and processing of produce
resulting from permitted uses when such activity is conducted within
permanent buildings and structures
P
Non-commercial raising of hogs, not to exceed two per acre
P
Community auctions and sales yards (2 acre minimum)
C
Feed stores
C
Kennels and catteries, 5 to 10 animals
M
Kennels and catteries, 10 to 25 animals on 1 acre minimum
C
Menageries
C
Commercial composting facilities
C
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Other Uses
Guest ranches and bed and breakfasts
C
Restaurants
C
Fraternal lodge halls
C
Churches, temples and other places of worship
C
Schools
C
Libraries
C
Public utility facilities
P
Communication towers and equipment subject to Section 9.170
C
B. Designation on Zoning Map. When the A/ER overlay district is used,
the zoning designation on the official zoning map shall consist of the
base district symbol followed by the overlay district symbol enclosed in
parentheses. For example, RL (A/ER).
C. Development Standards, Residential Uses. See Table 9-9.
D. Development Standards, All Non -Residential Uses.
1. All buildings shall be limited to two stories in height and a maximum
of thirty-five feet, measured from the finished grade 6 of the pad.
2. Setbacks. The following minimum setbacks shall apply from the
property line:
Pasture: 0 feet
Accessory buildings: 20 feet
Accessory structures: 20 feet
Manure storage: 25 feet
3. Fencing. Properties containing one or more uses may be fenced to
a maximum of six feet. Permitted fencing materials include chain
link, cement block, wood, wrought iron or tubular steel. Razor wire
or concertina wire is permitted for those uses listed under
"Equestrian and Agriculture Uses" in Table 9-10.
4. Parking. Parking shall be provided as required by Chapter 9.150.
5. Lighting. All lighting shall comply with Sections 9.60.160 and
9.100.150.
6. Loudspeakers. Loudspeaker systems or other amplified sound are
limited to operation or use between eight a.m. and ten p.m. Unless
otherwise specified by an approved conditional use permit.
E. Right to Farm" Intent and Policies.
1. Intent. It is the intent of the city to conserve, protect and encourage
the development, improvement, and continued viability of its
agricultural land and industries for the long-term production of food
and other agricultural products, and for the economic well-being of
the city's residents. It is also the intent of the city to balance the
rights of farmers to produce food and other agricultural products
with the rights of non -farmers who own, occupy, or use land within
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or adjacent to agricultural areas. It is the intent of this section is to
reduce the loss to the area of its agricultural resources by limiting
the circumstances under which agricultural operations may be
deemed to constitute a nuisance. Nothing in this chapter shall be
construed to limit the right of any owner of real property to request
that the city consider a change in the zoning classification of his
property in accordance with the procedures set forth in the La
Quinta Development Code.
2. Policies.
a. No agricultural activity, operation, or facility, or appurtenances thereof,
in a manner consistent with proper and accepted customs and
standards, as established and followed by similar agricultural
operations in the same locality, shall be or become a nuisance, private
or public, due to any changed condition in or about the locality, after
the same has been in operation for more than three years if it was not
a nuisance at the time it began.
b. This section shall not invalidate any provision contained in the
Health and Safety Code, Fish and Game Code, Food and
Agricultural Code, or Division 7 (commencing with Section
13000) of the Water Code of the State of California, if the
agricultural activity, operation, or facility, or appurtenances
thereof, constitutes a nuisance, public or private, as specifically
defined or described in any such provision.
3. This section is not to be construed so as to modify abridge the state
law set out in the California Civil Code relative to nuisances, but
rather it is only to be utilized in the interpretation and enforcement
of the provisions of county ordinances and regulations.
F. Notice to Buyers of Land.
1. The Director shall cause the following notice to be included on all
tentative land division proposed that lies partly or wholly within, or
within three hundred feet of any land zoned for primarily agricultural
purposes:
Lot(s) No. , as shown on this map, is (are) located partly or
wholly within, or within three hundred feet of land zoned for
primarily agricultural purposes by the County of Riverside and the
City of La Quinta. It is the declared policy of the City of La Quinta
that no agricultural activity, operation, or facility, or appurtenances
thereof, conducted or maintained for commercial purposes in the
city, and in a manner consistent with proper and accepted customs
and standards, as established and followed by similar agricultural
operations in the same locality, shall be or become a nuisance,
private or public, due to any changed condition in or about the
locality, after the same has been in operation for more than three
years, if it was not a nuisance at the time it began. The term
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"agriculture activity, operation, or facility, or appurtenances thereof'
includes all uses permitted in the Agricultural Overlay District, and
includes, but is not limited to, equestrian activities, the cultivation
and tillage of the soil, dairying, the production, cultivation, growing,
and harvesting of any agricultural commodity, including timber,
viticulture, apiculture, or horticulture, the raising of livestock, for
bearing animals, fish, or poultry, and any practices performed by a
farmer or on a farm as incident to or in conjunction with such
farming operations, including preparation for market, delivery to
storage or to market, or to carriers for transportation to market.
2. The city engineer shall cause the notice described in subsection 1
to be included on any final land division proposed for recordation
that lies partly or wholly within, or within three hundred feet of, any
land zoned for primarily agricultural purposes.
G. Preservation of Agricultural Land Uses in Perpetuity. Any land owner
wishing to continue a land use listed in Table 9-10, Permitted Uses in
the Agricultural/Equestrian Residential District, may, at any time,
exercise his or her rights under Chapter 9.190: Transfer of
Development Rights. (Ord. 489 § 1, 2011; Ord. 368 § 1 (Exh. A), 2002)
Chapter 9.150 PARKING
9.150.010 Purpose and intent.
A. Purpose. These regulations are intended to: (1) provide for off-street
parking of motor vehicles attracted by the various land uses in the city;
(2) ensure the health, safety and welfare of the public by preventing
obstruction of rights -of -way and fire lanes; and (3) provide for properly
designed parking facilities with adequate numbers of parking spaces in
order to reduce traffic congestion, promote business and enhance
public safety.
B. Parking Required. Off-street parking is required for all land uses in
accordance with this chapter. In the Village Commercial district, any
variation on the parking standard can be approved by the Director.
(Ord. 284 § 1 (Exh. A), 1996)
9.150.020 Approval of parking facilities.
A. Permits Required. Except for single-family and duplex residences,
establishment of all off-street parking facilities shall be subject to
approval of a site development permit in accordance with Section
9.210.010 unless the parking facilities were previously approved in
conjunction with a conditional use permit or site development permit
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and no changes in intensity of use are being proposed. A grading
permit shall also be required unless exempted under the city's grading
code.
B. Design Modifications Approved by Director. The Director may, without
notice or hearing, permit modifications to the design of parking lots.
(Ord. 284 § 1 (Exh. A), 1996)
9.150.030 Provision of parking facilities.
A. Entities Authorized to Provide Parking. Off-street parking may be
provided for a particular land use by any or a combination of the
following entities (so long as the appropriate guarantees described in
subsection B of this section remain in effect):
1. On property containing the use: the property owner, lessee or
agent of the use for which the parking is required; or
2. On an adjacent or nearby property under the same ownership: the
property owner, lessee or agent of the use for which the parking is
required; or
3. On an adjacent property not under the same ownership: an
approved adjacent property owner, lessee or agent who reserves
spaces on a contract basis for the adjacent use; or
4. On an adjacent or nearby property not under the same ownership:
a. An approved private (for -profit or not -for -profit) parking company
which reserves, sells, leases or rents adjacent or nearby
parking spaces for that use, or
b. An approved private parking association (such as in a shopping
center) which creates and allocates parking spaces as credits or
shares available to its subscribers/members to meet their
parking requirements, or
c. A duly authorized public entity (parking district, assessment
district, or similar agency) among whose powers include the
authority to acquire and make available parking spaces and
maneuvering areas, pedestrian walkways, shade structures,
landscaping and other improvements.
B. Continuation of Off -Street Parking Required.
1. The validity of any permit to use property shall be directly
contingent on the continued provision and proper functioning of
required off-street parking. Failure to continue to provide the
required parking in the approved usable condition shall be reason
for immediate revocation of all permits for use of the property on
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the grounds that such parking deficiency constitutes a threat to the
public health, safety and welfare.
2. The owner of any property for which off-street parking is required
shall be directly responsible for the continued provision of such
parking.
3. The user of any property for which off-street parking is required
shall demonstrate to the satisfaction of the city that the continued
provision of the required parking has been adequately guaranteed
for a period of at least as long as the permitted use. Forms of
guarantee which may be required by the city include, but are not
limited to, the following:
a. The inclusion of exclusive or joint use rights for the required
parking spaces in the lease for structural space on the same
property;
b. A recorded covenant merging together two properties under the
same ownership which subordinates all other use claims and
obligations to the provision of the required parking on the
adjacent parcel.
c. A contract for parking on other parcels, either:
i. A non -cancellable provision, or
ii. The earliest expiration or cancelable date for parking
facilities occurring simultaneously with or after the time
limit for the use requiring the parking, or
iii. A bond or other acceptable equivalent instrument in favor
of the city which guarantees, in the event of the contract
cancellation, termination or expiration, suit, court
jurisdiction or other occurrence which has the effect of
rendering the required parking spaces unavailable, the
continued provision of the required parking by means of
alternate arrangements. (Ord. 284 § 1 (Exh. A) (part),
1996)
9.150.040 Parking location and accessibility.
A. Location.
1. Residential Uses. Required parking shall be located on the same
parcel as the residential building which the parking serves, except
that such parking may be located on an adjacent parcel if all of the
following conditions are met:
a. The adjacent parcel is and continues to be under the same
ownership as that of the residential building;
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b. The parking is on that portion of the parcel where the erection of
garages, carports or shade structures is permitted; and
c. The placement and distribution of required parking spaces are
such that for any dwelling unit, the assigned or reasonably
available parking spaces are no further than one hundred feet
by walkway to the entry of that dwelling unit.
2. Nonresidential Uses.
a. Required parking shall be located on the same parcel as the
use served, on an adjacent parcel or on a parcel across an
alley. Required parking may also be located across a street
(other than a major or primary arterial) provided a properly
designed crosswalk connects the parking with the use(s)
served.
b. Required parking spaces shall be within three hundred feet of
the uses served by the parking and shall be located in a
commercial district.
3. Amended Provisions per Specific Plans. Amended provisions
relating to parking location, configuration, and other matters may be
imposed in conjunction with a specific plan.
B. Accessibility.
1. All required off-street parking spaces shall be designed, located,
constructed and maintained so as to be fully usable and accessible
at all times.
2. Required off-street parking facilities and driveways shall not be
used for any purpose which at any time would preclude the use of
the area for the temporary storage of motor vehicles.
3. Unless otherwise provided by an approved discretionary permit, no
owner or tenant shall lease, rent or otherwise make unavailable to
intended users any off-street parking spaces required by this
chapter.
4. Required parking spaces shall not be used for the storage of
vehicles unless such storage is calculated into the required parking
formula.
5. No required parking spaces shall be used for the display of vehicles
for sale unless part of a permitted vehicle sales use.
6. If an area of parking is for park -and -ride programs, such area shall
be in addition to the required parking area. If no additional area is
provided for such purposes, the owner/operator of the parking lot
shall arrange for part of the parking lot, at peak usage hours, to
have encroaching parking removed by means of tickets and/or
towing. (Ord. 505 § 1, 2012; Ord. 284 § 1 (Exh. A), 1996)
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9.150.050 Determination of spaces required.
A. Method of Determination. Off-street vehicle parking requirements shall
be determined and provided in accordance with this section when the
subject building or structure is constructed or a use is established or
changed. In determining such off-street parking requirements, the city
may use the alternative methods described in this section. The city
reserves the option of requiring the use of more than one of these
methods, depending on the type, size and mix of uses in a proposed
development. In the Village Commercial district, any variation on the
parking standard can be approved by the Director.
B. Alternative Methods. Section 9.150.060 specifies the standard number
of parking spaces required for most land uses. This schedule is
required unless the applicant can show to the satisfaction of the city
decision -making authority that it does not apply. Other alternative
methods herein below may then be employed to determine the
required parking spaces:
1. A recognized authority's shared parking methodology for
calculating the peak demand over time for parking in a
development of mixed uses using the same parking facilities as
specified in Section 9.150.070;
2. A city methodology for calculating the parking demand for
extremely complex or unusual uses or combinations of uses for
which the standard schedule, a recognized authority's methodology
and/or verifiable data are not applicable. Some or all of the
following factors may be utilized in this methodology: expected
numbers of occupants, employees, customers or visitors, vehicles
stationed on the site, service and loading spaces required,
handicapped spaces required, emergency access considerations
and use of parking by unauthorized vehicles.
C. Parking In -Lieu Program in Village Overlay District. The city may
permit required parking spaces in the Village Overlay to be reduced
through execution of a parking agreement, subject to the following
requirements:
1. A binding agreement, recorded against the property, between this
city and the property owner. The agreement shall contain, at a
minimum, all of the following:
a. The agreement shall be binding upon the parties thereto, their
heirs, successors and assigns, and shall run with the land;
b. A payment schedule with a payment period not exceeding four
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
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departments, plus an inflation factor. The amount will be
calculated at the time of agreement execution.
2. An irrevocable offer from the property owner to participate in any
future assessment/benefit or parking improvement district that may
be formed in the VC or MU overly districts.
3. The money collected may be released to a city -created parking
assessment/benefit or parking improvement district, or may be
used in the furtherance of general parking improvements in the VC
or MU overlay districts, at the option of the city. Any financial
obligation issued against such property shall be reduced
accordingly to the amount of mitigation money paid at the time of
the district formation.
4. The property owner shall secure the mitigation payment by
providing the city with a second deed of trust in the amount of the
total mitigation payment.
D. Incentive Based Parking Adjustments. In all districts, the following may
result in a reduction in parking spaces of up to 15%, subject to
approval by the planning commission:
1. Permanent, non -vegetation shade structures covering 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 non -vehicular 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 1 % 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 5 percent (5%) of the
standard parking spaces required for that development.
9.150.060 Shared parking.
A. Reduction in Cumulative Spaces via Shared Parking. The cumulative
parking spaces required for land uses in a given area may be less than
the sum of the parking spaces for the individual uses in the area if the
city approves a shared parking plan based on one of the following:
1. The approved parking plan was developed and designed based on
parking demand established by means of the Urban Land Institutes
"shared parking" methodology (as described in ULI: "Shared
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Parking," 1983) using locally adapted data which consider the
Coachella Valley's seasonality and demographics.
2. The approved parking plan was developed and designed based on
the methodology for alternative parking demand determinations in
accordance with Section 9.150.050.
3. In cases where shared parking is desired but insufficient data is
available to use either of the preceding methodologies, an
experimental parking arrangement may be temporarily approved
subject to all of the following conditions:
a. Reasonably comparable data from similar joint uses
demonstrates to the satisfaction of the city that the joint -use
proposal is potentially workable;
b. The joint uses are separated in time by a minimum of sixty
minutes and/or are for separate days;
c. A fifteen percent excess capacity is provided to accommodate
unforeseen miscalculation of peak use and/or separation of
time;
d. The joint time-shared use of parking facilities is a binding part of
one or more approved plans for the uses requiring the parking;
B. Shared Parking Incentive. The approval of a shared parking plan shall
entitle the project to an additional 5% FAR over the maximum FAR in
the underlying district.
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.
1. 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).
D. Parking for Nonresidential Land Uses.
1. Adequate Parking Required. All nonresidential land uses shall
provide off-street parking in compliance with this subsection
and with Table 9-12 unless modified by the provisions
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contained in Section 9.150.050. Table 9-12 sets forth the
minimum and maximum requirements for each use. It shall be
the responsibility of the developer, owner or operator of any use
to provide adequate off-street parking .
2. Bicycle Parking. In addition to the automobile parking spaces
required per Table 9-12, bicycle parking shall be provided for
certain nonresidential uses in accordance with subsection D3 of
this section.
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Table 9-11 Parking for Residential Land
Uses
Land Use
Minimum Off -Street
Additional
Parking Requirement
Requirements
Single-family detached, single-
2 spaces per unit in a garage plus
For all single-family
family attached and duplexes
0.5 guest spaces per unit if no on-
residential zones except RC,
street parking is available
parking in excess of the
In a garage, tandem parking may
minimum required may be
be used to meet the above -stated
tandem
minimum required parking in the
RC district only
Employee quarters
One space per unit. This space
shall not be tandem.
Apartments, townhomes and
condominiums:
(1) Studio
1 covered space per unit, plus 0.5
guest spaces per unit
All parking spaces shall be
distributed throughout the
(2) One- and Two -bedroom
2 covered spaces per unit plus 0.5
guest spaces per unit
site to ensure reasonable
access to all units.
(3) Three or more bedroom
3 covered spaces per unit plus 0.5
covered spaces per each
bedroom over three, plus 0.5
guest spaces per unit
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, plus 0.5
single family unitsguest
spaces per unit
Senior group housing/senior
0.5 covered spaces per unit plus
citizen hotels and congregate
0.5 guest spaces per unit
care facilities
Lodging and Child Da care Uses
Bed and breakfast inns
One 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 plus 1
Stacking analysis may be
including preschools and
space per 5 children. Parking
required to define a drop-off
nursery schools
credit may be given if queuing
facility that accommodates at
area for more than 4 cars is
least four cars in a
provided, but resulting parking
continuous flow, preferably
shall be not less than 1 per staff
one-way, to safely load and
member plus 1 per 10 children
unload children
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 205 of 334
Table 9-11 Parking for Residential Land
Uses
Land Use
Minimum Off -Street
Additional
Parking Requirement
Requirements
Recreational vehicle parks
One automobile parking space on
each recreational vehicle lot plus
one space per 20 recreational lots
for visitors
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
Commercial Uses
Bars and cocktail lounges
1 space per 50 sq. ft.
1 space per 25
GFA including
sq. ft. GFA
indoor/outdoor seating
including
areas (see also
indoor/outdoor
Restaurants)
seating areas
(see also
Restaurants)
Lumberyards and nurseries
1 space per 1,000 sq. ft.
1 space per 500
GFA indoor area, plus 1
sq. ft. GFA
space per 1,000 sq. ft. of
indoor area,
outdoor display or sale
plus 1 space per
area
1,000 sq. ft. of
outdoor display
or sale area
Model home complexes
10 spaces
N/A
Personal service
3 spaces per 1,000 s.f.
4 spaces per
establishments
1,000 s.f.
Restaurants:
(1) Conventional sit-down,
1 space per 125 sq. ft.
1 space per 75
including any bar area
GFA including indoor
sq. ft. GFA
and outdoor seating
including indoor
areas
and outdoor
seating areas
(2) Drive -through and fast
1 space per 100 sq. ft.
food
GFA, including indoor
and outdoor seating
N/A
areas, but not less than
10 spaces.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 206 of 334
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
For shopping
(1) General retail uses under
1 space per 300 sq. ft.
centers,
100,000 sq. ft. GFA
GFA
freestanding
(2) General retail uses
1 space per 350 sq. ft.
1 space per 250
restaurants and
100,000 sq. ft. GFA and
GFA
sq. ft. GFA
non -freestanding
greater
restaurant space in
1 space per 300
excess of 20% of
sq. ft. GFA
the total shopping
center GFA shall be
computed
separately using the
applicable
restaurant parking
ratio(s)
Furniture and appliance
1 space per 1000 sq. ft.
1 space per 750
stores
GFA
sq. ft. GFA
Warehouses, storage
1 space per 2,000 sq. ft.
1 space per
buildings or structures used
of gross area for storage
1,000 sq. ft. of
exclusively for storage
purposes
gross area for
storage
purposes
Mini -storage facilities
1 space per 5,000 sq. ft.
plus 2 spaces for any
caretaker's unit
N/A
Office and Health Care Uses
Convalescent hospitals,
1 space per 4 beds
Minimum 30% of
nursing homes, children's
based on the resident
required spaces
homes and sanitariums
capacity of the facility as
shall be covered by
listed on the required
a trellis or carport
license or permit
structure See also
senior group
housing (senior
citizen hotels) under
residential uses
General offices, other than
1 space per 300 sq. ft.
1 space per 250
Minimum 30% of
medical, dental, banks,
GFA
sq. ft. GFA
required spaces
savings and loans, credit
shall be covered by
unions and similar financial
a trellis or carport
Ordinance No. 550
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Adopted: November 15, 2016
Page 207 of 334
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
institutions
structure Rates are
for office uses only.
If ancillary uses are
included, such as
restaurants or retail
establishments,
parking for such
uses must be
provided per their
applicable rates
Hospitals
1.75 spaces per bed
Medical or dental
1 space per 200 sq. ft.
1 space per 175
Minimum 30% of
offices/clinics
GFA
sq. ft. GFA
required spaces
shall be covered by
a trellis or carport
structure
Veterinary hospitals and
1 space per 400 sq. ft.
1 space per 300
clinics
GFA exclusive of
sq. ft. GFA
overnight boarding
exclusive of
areas
overnight
boarding areas
Automotive Uses
Automobile repair facilities
1 space per 250 sq. ft. of
1 space per 200
sales area
sq. ft. of sales
area, plus 2
spaces per
service bay
Automobile Fueling:
(1) Without retail sale of
1 space per 500 sq. ft.
beverage and food items
GFA
N/A
(2) With retail sale of
1 space per 400 sq. ft.
beverage and food items
GFA
N/A
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 208 of 334
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
Automobile, truck, boat, and
1 space per 500 sq. ft.
N/A
Parking is for
similar vehicle sales or rental
GFA (not including
customers and
establishments
service bays), plus 1
employees, and is
spaces per service bay
not to be used for
display.
Car washes:
10 spaces. (vacuuming
Applicant may be
(1) Full -service
or drying areas shall not
N/A
required to submit a
be counted as parking
parking study which
spaces)
includes a stacking
analysis for the
2 spaces per facility
proposed facility
(2) Express -service
(wash bays shall not be
counted as parking
N/A
spaces)
Industrial Uses
General manufacturing,
1 space per 500 sq. ft.
N/A
research and development
GFA
and industrial uses
Warehousing and distribution
1 space per 1,000 sq. ft.
space
GFA
Assembly Uses
Auditoriums, theaters,
ace per 3 seats
1 space per 2.5
18 lineal inches of
cinemas
seats
bench shall be
considered 1 fixed
seat.
Churches, temples and similar
1 space per 5 seats of
1space per 3
18 lineal inches of
places of assembly
assembly area
seats of
bench shall be
assembly area
considered 1 fixed
seat. Parking will be
required at the
same rate for other
auditoriums,
assembly halls or
classrooms to be
used concurrently
with the main
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 209 of 334
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
auditorium
Nightclubs, dancehalls, lodge
1 space per 50 sq. ft.
1 space per 35
halls and union halls
GFA, plus required
sq. ft. GFA, plus
parking for other uses
required parking
on the site
for other uses
on the site
Mortuaries and funeral
1 space for every 5
1 space for
homes
seats of assembly room
every 3 seats of
floor area
assembly room
floor area, plus
1 space for
each vehicle
stored onsite,
plus 5 spaces
for employees
Community centers
1 space per 300 sq. ft.
1 space per 200
GFA
sq. ft. GFA
Lodging and Child Daycare Uses
Daycare centers, including
1 space per 300 sq. ft.
1 space per 250
Stacking
preschools and nursery
GFA, plus 1.5 spaces
sq. ft. GFA, plus
analysis shall be
schools
per employee
1.5 spaces per
required to define a
employee
drop-off facility that
accommodates
safely loading and
unloading children
Hotels & Motels
1.3 spaces per guest
1.1 spaces per
bedroom. plus required
guest bedroom
parking for other uses
plus required
on the site
parking for other
uses on the site
Timeshare facilities, fractional
1.5 spaces per dwelling
1.3 spaces per
ownership and similar
or guest unit plus
dwelling or
facilities
required parking for
guest unit plus
other uses on the site
required parking
for other uses
on the site
Recreational Uses
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 210 of 334
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
Arcade, game and video
1 space per 200 sq. ft.
GFA
Billiard or pool
1 space per 150 sq. ft.
1 space per 100
establishments
GFA
sq. ft. GFA
Bowling alleys
4 spaces per alley plus
5 spaces per
required parking for
alley plus
other uses on the site
required parking
for other uses
on the site
Golf Uses:
1 space per tee, plus the
N/A
(1) Driving ranges
spaces required for
additional uses on the
site
3 spaces per hole, plus
N/A
(2) Pitch and putt, par three
the spaces required for
and miniature golf courses
additional uses on the
site
5 spaces per hole,
8 spaces per
plus the spaces required
hole, plus the
for additional uses on
spaces required
(3) Regulation courses
the site
for additional
uses on the site
Tennis courts,
3 spaces per court
4 spaces per
Handball/racquetball , and
court
other court -based facilities
Health clubs, membership
1 space per 200 sq. ft.
1 space per 150
gyms and commercial
GFA (for purposes of
sq. ft. GFA (for
swimming pools
this use, swimming pool
purposes of this
area shall be counted as
use, swimming
floor area)
pool area shall
be counted as
floor area)
Libraries/museums
1 space per 300 sq. ft.
1 space per 200
GFA
sq. ft. GFA
Shooting ranges
1 space per shooting
station plus 5 spaces for
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 211 of 334
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off-
Maximum
Additional
Street Parking
Off -Street
Requirements
Requirement
Parking
Requirement
employees
Skating rinks, ice or roller
1 space per 250 sq. ft.
1 space per 200
GFA=
sq. ft. GFA
Stables, commercial
1 space per each 5
1 space per
horses kept on the
each 4 horses
premises
kept on the
premises
Public and Semipublic Uses
Public utility facilities not
1 space per employee
having business offices on the
plus 1 space per vehicle
N/A
premises, such as electric,
used in connection with
gas, water, telephone
the facility
facilities
Schools: (1) Elementary and
2spaces/classroom10
junior high or middle schools
spaces per
N/A
(2) Senior high schools
classroom 20 spaces
per classroom
(3) Colleges, universities and
N/A
institutions of higher learning
20 spaces per
classroom
N/A
(4) Trade schools, business
colleges and commercial
schools
N/A
3. Required Bicycle Parking. Bicycle parking shall be provided for
certain nonresidential uses in order to encourage the use of bicycles
and to mitigate motor vehicle pollution and congestion. The
minimum bicycle parking requirements for nonresidential uses are as
follows:
a. Land uses required to provide bicycle parking equal to minimum
three percent 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.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 212 of 334
b. Land uses required to provide a minimum of five bicycle parking
spaces include: churches, clubs/halls, hospitals and restaurants (all
categories).
c. Land uses required to provide a minimum of one bicycle parking
for every twenty-five thousand square feet of gross floor area
include governmental, general, medical and financial office uses.
d. In addition to the requirements of subsections (D)(2)(a) through
(c) of this section, retail centers shall provide five bicycle parking
spaces for each tenant having over twenty thousand 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. 505 § 1, 2012; Ord. 361 § 1 (Exh. A), 2001; Ord. 325 § 1
(Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.150.080 Parking facility design standards.
A. Parking Layout and Circulation.
1. Except for single-family detached, single-family attached, duplex
and townhome residential uses, no parking facility shall be
designed so that vehicles are required to back into a public street
to exit the facility.
2. No parking space shall be located within three feet of any property
line.
3. With the exception of single-family detached, single-family
attached and duplex residential uses, all parking bays shall be
bordered by continuous curbs. Individual wheel stops shall not be
permitted in lieu of such curbs.
4. All driveways shall be designed for positive drainage.
5. Parking bays with ten spaces or more shall connect with other
parking bays or drive aisles or shall provide a turnaround area at
the end of the bay.
6. Parking access ways are those driveways that provide ingress or
egress from a street to the parking aisles, and those driveways
providing interior circulation between parking aisles. No parking is
permitted on an access way.
7. Joint entry driveways are encouraged and shall be arranged to
allow parking lot maneuvering from one establishment to another
without requiring exit to the street. Adjacent properties shall
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 213 of 334
maintain agreements which permit reciprocal driveway connections
across property lines.
B. Parking Facility Design and Dimensions.
1. Regular Space Dimensions. Regular vehicle spaces shall have the
following minimum dimensions: width, nine feet; length, seventeen
feet to curb plus two feet overhang; where curbs are not provided,
a minimum length of nineteen feet is required.
2. Compact Space Dimensions. Compact parking spaces can make up
20% of required parking spaces. Compact vehicle spaces shall
have the following minimum dimensions: width, eight and one-half
feet; length, sixteen feet to curb plus one and one-half feet
overhang; where curbs are not provided, a minimum length of
seventeen and one-half feet is required. Compact vehicle spaces
shall be clearly marked and distributed throughout the parking
facility.
3. End Spaces. Parking spaces at the end of a parking aisle against a
curb or wall shall be widened by two additional feet and/or shall
have a backing -out pocket provided.
4. Parallel Spaces. Spaces provided for parallel parking shall be a
minimum of nine feet wide and twenty-four feet in length to permit
room for maneuvering. If a wall or curb in excess of eight inches in
height is adjacent to the parallel parking space, the space shall be
ten feet in width. All end spaces confined by a curb shall be thirty
feet long.
5. Support Posts. No support posts or other obstructions shall be
placed within one and one-half feet of any parking stall, except
that such obstructions are allowed adjacent to the stall within the
first six feet of the front of the stall, including any overhang area
(see illustration).
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 214 of 334
POSTS
• CURB • ALLOWED
B' IN FIRST 6'
I OF STALL
• J/' (INCLUDING
`
POSTS ALLOWED PARKING OVERHANG)
\`
IF MIN. 1.5' FROM SPACE OBSTRUCTION -
EDGE OF STALL FREE ZONE
0
I3 X►1•_ 91 -• X
OPTION OPTION
`A' 'B'
X = WIDTH OF POST
Figure 9-10: Limitations on Obstructions Adjacent to Parking Stalls
6. Parking Aisles. Table 9-13 contains minimum dimensions for
parking aisles:
Table 9-13 Minimum Parking Aisle Dimensions
Parking Angle
(degrees)
One -Way Aisle
Width feet
Two -Way Aisle
Width feet
0-44
00 = parallel
14
26
45-54
16
26
55-64
18
26
65-79
22
26
80-90
26
26
7. Space Marking. All parking spaces in a residential or nonresidential
parking lot shall be clearly marked with white or yellow paint or other
easily distinguished material with each space marking consisting of a
double four inch wide hairpin stripe, twelve inches on -center.
8. Residential Garages. Minimum interior dimensions in residential
garages (wall-to-wall) shall be based on providing ten feet in width and
twenty feet in depth, per required vehicle parking space. This applies
to design of all required garage parking spaces, whether in a tandem
parking or side -by -side configuration.
C. Fire Lanes. Fire lanes shall be provided as required by the Fire
Department.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 215 of 334
D. Pedestrian Circulation.
1. All parking lots shall be designed to provide for the maximum safety
and convenience of pedestrians in their movement to and from the
parking area.
2. Where possible, landscaped areas shall also contain paved pedestrian
walks for the safe movement of pedestrians.
3. On major driveways, crosswalks and sidewalks shall be provided.
4. Textured surfaces, signs and speed bumps shall be used to keep
vehicular speeds low.
E. Loading and Other Service Facilities.
1. Off -Street Loading Requirements. Table 9-14 shows the number and
size of loading berths required to satisfy the standards set forth in this
subsection. However, the planning commission may require more or
less loading area if it determines such change to be necessary to
satisfy the purpose set forth in subsection (E)(1)(a) of this section:
Table 9-14 Number of Loading Berths Required by Floor Area
Gross Floor Area (sq. ft.)
Minimum Loading
Berths Required
1,000-19,999
1
20,000-79,000
2
80,000-127,999
3
128,000-191,999
4
192,000-255,999
5
256,000-319,999
6
320,000-391,999
7
Each additional 72,000 square feet or
fraction thereof
1 additional berth
a. Each loading berth shall be not less than forty-five feet in length
and twelve feet in width exclusive of aisle or maneuvering space,
and shall have an overhead clearance of not less than fourteen
feet.
b. Loading berths may occupy all or any part of any required yard
space except front and exterior side yards and shall not be
located closer than fifty feet from any lot in any residential zone
unless enclosed on all sides (except the entrance) by a wall not
less than eight feet in height. In addition, the planning
commission may require screening walls or enclosures for any
loading berth if it determines that such screening is necessary
to mitigate the visual impacts of the facility.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 216 of 334
c. Off-street loading facilities shall be located on the same site as
the use served.
d. No area allocated to loading facilities may be used to satisfy the
area requirements for off-street parking, nor shall any portion of
any off-street parking area be used to satisfy the area
requirements for loading facilities.
e. No loading berth which is provided for the purpose of complying
with the provisions of this section shall hereafter be eliminated,
reduced, or converted in any manner below the requirements
established in this title, unless equivalent facilities are provided
elsewhere, conforming to this chapter.
F. Parking Lot Surfacing.
1. All parking areas shall be designed and built with positive drainage to
an approved drainage conveyance. No ponding shall be permitted.
2. All parking and maneuvering areas shall be paved with paving blocks
or asphaltic or portland concrete over the appropriate asphaltic base.
The structural section of the pavement and base material shall be
commensurate with the anticipated loading and shall be calculated in
accordance with the method promulgated by the California Department
of Transportation (Caltrans).
G. Valet Parking.
1. Valet parking shall be reviewed by the planning commission in
conjunction with the site development permit or other entitlement for
the use or separately as a minor use permit per the procedures of
Section 9.210.020.
2. When valet parking is provided, a minimum of twenty-five percent of
the required parking area shall be designated and arranged for self -
parking to prevent on -street parking and blocking of fire lanes.
H. Shopping Cart Storage.
1. Every use which utilizes shopping carts shall provide a shopping cart
collection area or cart racks.
2. Cart racks shall be distributed so that no parking space within the
facility is more than 100 feet from the nearest cart rack in order to
prevent parking spaces from being lost to the random abandonment of
shopping carts.
3. Each cart rack shall include either a steel frame or curbs on the lower
side to contain the shopping carts.
4. If sidewalks adjacent to stores are used for temporary storage of
assembled shopping carts, such sidewalks shall be designed with
extra width so that pedestrian flows are not blocked by shopping carts.
The planning commission may also require a screening wall or
landscape screening in front of such a cart storage area.
I. Underground and Decked Parking.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 217 of 334
1. The minimum dimensions for underground, decked or covered parking
shall be as required for uncovered surface area parking as specified
throughout this section, except additional minimum dimensions may be
required for specific circulation conditions or structural impediments
created by the parking structure.
2. Landscaping shall be incorporated into parking structures to blend
them into the environment. This shall include perimeter grade planting
and rooftop landscaping as deemed appropriate by the planning
commission.
3. Parking structures shall be subject to site development permit
review in all cases.
4. Multiple -level parking structures shall contain light wells (minimum
dimensions: twenty by twenty), placed at least every two hundred
feet. The base elevation of the light well shall be landscaped.
5. The planning commission may require that upper levels be set back
from the level immediately below in order to minimize the apparent
mass of the structure from the street.
J. Lighting of Parking and Loading Areas.
1. Illumination of parking and loading areas shall conform to the
requirements of this subsection and Section 9.100.150 (Outdoor
lighting).
2. Light standard heights shall be as per manufacturer's
recommended photo metrics, but in no case shall the height
exceed the maximum permitted building height of the zone in
which it is situated or eighteen feet (measured from finish grade at
the base of the standard), whichever is greater. Graduated light
standard heights within a site with lower heights in peripheral
areas may be required by the planning commission to provide
compatibility with adjoining properties and streets.
3. Average illumination levels at finish grade in parking areas which
require lighting shall be between one and two foot-candles, with a
maximum ratio of average light to minimum light of three to one.
Lighting plans shall take into account the placement and growth of
landscape materials.
K. Screening of Parking Areas.
1 . Screening Required. Except for single-family detached, single-family
attached and duplex residential, all parking areas shall be screened
by means of walls or other materials in accordance with this
subsection.
2. Height. Screening shall be a minimum of three feet high adjacent to
public streets or nonresidential uses and a minimum of six feet high
adjacent to residential uses, except that screening shall not exceed
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 218 of 334
thirty inches high where required for motorist sight distances as
specified in Section 9.100.030.
3. Screening Walls.
a. Wall Materials. Walls shall consist of concrete, stucco, plaster,
stone, brick, the or similar type of solid material a minimum of
six inches thick. Walls shall utilize durable materials, finishes,
and colors consistent with project buildings.
b. Wall Articulation. To avoid visual monotony, long straight
stretches of wall or fence shall be avoided. Walls and fences
shall be varied by the use of such design features as offsets
(i.e., jogs), pilasters, open panels (e.g., containing wrought
iron), periodic variations in materials, texture or colors, and
similar measures. Screening walls or fences may also include
open portions (tubular steel, wrought iron, etc.) if the city
determines that the desired screening of parking areas and noise
attenuation is still achieved.
c. Wall Planting. Shrubs and/or vines shall be planted on one or
both sides of perimeter walls to add visual softening except
where determined infeasible or unnecessary by the city.
4. Other Screening Materials. In addition to walls, if approved by the
decision -making authority, screening may consist of one or a
combination of the following materials:
a. Plant Screens and Berms. Plant materials, when used as a
screen, shall consist of compact evergreen plants or landscaped
berms (earthen mounds). Such planting shall be of a kind or
used in such a manner so as to provide screening with a
minimum thickness of two feet within eighteen months after
initial installation. Width of landscape strips and other
landscaping standards shall be in accordance with subsection M
of this section.
b. Solid Fences. If permitted in the zoning district, a solid fence
shall be constructed of wood or other materials with a minimum
nominal thickness of two inches and shall form an opaque
screen.
c. Open Fences. An open weave or mesh -type fence shall be
combined with plant materials to form an opaque screen.
L. Parking Facility Landscaping.
1. Purpose. Landscaping of parking lots is beneficial to the public
welfare in that such landscaping minimizes nuisances such as noise
and glare, provides needed shade in the desert climate, and
enhances the visual environment. Therefore, landscaping shall be
incorporated into the design of all off-street parking areas in
accordance with this subsection.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 219 of 334
2. Preservation of Existing Trees. Where trees already exist, the
parking lot shall be designed to preserve as many such trees as
feasible (in the opinion of the decision -making authority) in order to
make the best use of the existing growth and shade.
3. Screening. Screening of parking areas shall be provided in
accordance with subsection L of this section.
4. Perimeter Landscaping. Whenever any parking area, except that
provided for single-family dwellings, adjoins a street right-of-way, a
perimeter planting strip between the right-of-way and the parking
area shall be landscaped and continuously maintained. The width of
the planting strip, measured from the ultimate property line (i.e.,
after street dedication), shall be in accordance with Table 9-15.
(See also Nonresidential Development Standards, Chapter 9.90.)
Table 9-15 Required Perimeter Landscaping
Street or Highway
Minimum Width of Planting Strip (feet)
Highway 111
50
Image corridors
20
Other streets and highways
10
5. Interior Landscaping.
a. Within open parking lots (i.e., not including parking structures)
containing four or more parking spaces, landscaping equal to at
least five percent of the net parking area shall be provided
within parking areas. Perimeter planting strips shall not be
credited toward this interior landscaping requirement.
b. All open areas between curbs or walls and the property line
shall be permanently landscaped and continuously maintained.
(See also Nonresidential Development Standards, Chapter 9.90.)
c. Interior landscaping shall be distributed evenly throughout the
entire parking area.
d. All landscaped areas shall be separated from adjacent parking or
vehicular areas by a curb at least six inches higher than the
parking or vehicular area to prevent damage to the landscaped
area.
6. Parking Lot Shading. Canopy -type trees shall be placed so as to
shade a portion of the total parking area within fifteen years in
accordance with Table 9-16.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 220 of 334
Table 9-16 Required Parking Lot Shading
Minimum Required Parking
Spaces
Minimum Percent of Parking
Area to be Shaded
0-4
n/a
5 or more
50
a. A shade plan shall be submitted with detailed landscaping plans
which shows canopies after fifteen years growth to confirm
compliance with the above percentage requirements.
b. Shade structures, such as trellises, may be credited for up to fifty
percent of the required parking lot shading specified in Table 9-16.
c. Tree locations should not interfere with required lighting of public
areas or parking areas.
7. Landscaped Planters. All planter beds containing trees shall be at least
six feet in width or diameter. All landscape planter beds not containing
trees shall be at least three feet in width or diameter.
8. Curbs Required. All landscaped areas shall be separated from adjacent
parking or vehicular areas by a curb or landscape planter at least six
inches higher than the parking or vehicular area.
9. Irrigation. Effective full -coverage irrigation systems shall be installed
and maintained in all landscaped areas so that landscaping remains in a
healthy growing condition and in compliance with the approved plan.
All dead vegetation shall be removed and replaced with the same size
and species plant material. Hose bibs shall be placed at intervals of not
less than two hundred feet. Irrigation water shall be contained within
property lines.
10. Landscaping of Undeveloped Areas. All undeveloped areas within
the interior of any parking area, such as pads for future development,
shall be landscaped with appropriate plant material and maintained in
good condition.
11. Landscape Plans. Landscape plans shall be submitted in conjunction
with grading and other development plans for all parking facilities with
four or more spaces, except for single-family detached, single-family
attached and duplex residential. Plans shall include all planting,
hardscape, irrigation and other items required by this subsection. Plant
lists shall be included giving the botanical and common names of the
plants to be used and the container size at time of planting.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 221 of 334
M. Nonconforming Parking. The continuation of uses with parking which
does not conform to the provisions of this Chapter 9.150 shall be subject
to the provisions of Chapter 9.280 (Nonconformities). (Ord. 505 § 1, 2012;
Ord. 414 § 1, 2005; Ord. 361 § 1 (Exh. A), 2001; Ord. 299 § 1, 1997; Ord.
284 § 1 (Exh. A), 1996)
9.150.090 Handicapped parking.
Handicap Parking Facilities Required. Public accommodations or facilities, including
industrial, commercial, professional, institutional and multifamily dwellings of five or
more units, shall provide parking spaces for the physically handicapped in
compliance with the federal Americans with Disabilities Act (ADA). (Ord. 284 § 1
(Exh. A) (part), 1996)
9.150.100 Nonconforming parking.
A. Continuation of Uses. A use which was a legal use on the effective date of
this code shall be allowed to continue in operation at whatever parking ratio
was in effect at the time the use was established, provided such use was
properly permitted and parked in accordance with the regulations in effect
at that time.
B. Expansions and Additions. Unless otherwise provided in this Code, any
additional uses, intensifications of use, expansions or changes of use
which generate a need for added parking shall comply with Chapter 9.150
(Parking). Only the changed portion of the use will be required to conform
to said chapter unless an overriding public safety issue, confirmed by the
planning commission and the city council, requires a redesign of the
existing parking. (Ord. 284 § 1 (Exh. A) (part), 1996)
Chapter 9.160 SIGNS
9.160.010 Purpose and intent.
Purpose. These regulations are intended to implement the goals and policies of the
general plan by:
A. Providing minimum standards to safeguard and enhance property values
and protect public and private investment in buildings and open spaces;
B. Preserving and improving the appearance of the city as a place to live,
work and visit;
C. Encouraging sound signing practices to aid business and provide
directional information to the public;
D. Ensuring that signs effectively identify business and other establishments;
E. Preventing excessive and confusing signing displays;
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 222 of 334
F. Reducing traffic hazards and promoting the public health, safety and
welfare by minimizing visual competition among signs. (Ord. 284 § 1 (Exh.
A) (part), 1996)
9.160.020 Exempt signs.
A. Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following
do not require a sign permit nor shall their area and number be included in
the aggregate area or number of signs permitted for any premises or use.
However, this exemption shall not be construed as relieving the sign owner
of the responsibility of: (1) obtaining any building or other permits required
for sign erection, if any; (2) proper sign maintenance; or (3) compliance
with applicable provisions of this chapter or of any other law or ordinance.
Exempt signs shall not be illuminated nor placed within any public right-of-
way unless specifically permitted herein below.
Table 9-17 Exempt Signs Not Requiring a Sign Permit*
Sign Type
Placement
Maximum
Illumination
Area
1. Official notices issued by any court or
n/a
n/a
n/a
public body or officer and notices posted
by any public officer in the performance of
a public duty or by any person giving legal
notice
2. Within residential districts, address or
Building-
1 sq. ft.
Required
identification signs
mounted
aggregate
3. Signs located in the interior of any building
n/a
n/a
Yes
or enclosed outdoor area which are
designed and located to be viewed
exclusively from within such building or
outdoor area
4. Tablets, stained glass windows or dates of
Building-
3 sq. ft.
No
erection cut into the surface of a wall or
mounted or
pedestal or projecting not more than two
freestanding
inches
5. Directional, warning or informational signs
n/a
n/a
Yes
required by or authorized by law or by a
governmental authority, including signs
necessary for the operation and safety of
public utility uses
6. Incidental accessory signs and placards
Window or
3 sq. ft.
No
(e.g., open/closed signs, six signs
building-
aggregate
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 223 of 334
Table 9-17 Exempt Signs Not Requiring a Sign Permit*
Sign Type
Placement
Maximum
Illumination
Area
maximum per premises)
mounted
7. Temporary decorations clearly incidental
n/a
n/a
Yes
and customary and commonly associated
with any national, local or religious holiday,
provided such signs are erected no earlier
than forty-five days from the applicable
holiday and removed within twenty-one
days after the applicable holiday.
8. Sculptures, fountains, mosaics and design
n/a
n/a
Yes
features which do not incorporate
advertising or premise identification
9. Property signs (e.g., "No Trespassing,"
Building-
3 sq. ft.
Yes
"No Parking," etc.),
mounted or
informational/directional signs (e.g.,
freestanding
"Restrooms," "Exit," etc.) and warning
signs (e.g., "High Voltage")
10. Vehicular directional signs used to identify
Building-
3 sq. ft.
Yes
street entrances and exits, maximum three
mounted or
feet if freestanding
freestanding
11.Directional pavement marking
n/a
n/a
n/a
12.Newspaper stand identification
n/a
3 sq. ft.
No
13. Within commercial districts, chalkboards or
Building-
3 sq. ft.
Indirect only
small placards (e.g., restaurant menu
mounted
boards)
14.Vending machine signs and automatic
n/a
n/a
Yes
teller signs
15. Directional and nonprofit public information
Freestanding
n/a
No
signs for public, quasi -public, and nonprofit
uses on public or private property,
adjacent to an arterial thoroughfare.
Number, shape, location and height
(maximum 6 feet) of signs shall be
approved by the director of planning and
public works
16. Within commercial zones, temporary
Window-
No one
No
information window signs fronting on a
mounted
window
street, parking lot or common on -site
sign shall
area, not covering more than 25% of the
exceed 4'
area of the window(s) within which they
high or 8'
are placed for a period not to exceed 14
long (32
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 224 of 334
Table 9-17 Exempt Signs Not Requiring a Sign Permit*
Sign Type
Placement
Maximum
Illumination
Area
days nor more than 6 times per calendar
sq. ft.)
year. No more than 3 signs per elevation
with windows may be installed at any one
time
17. Within residential zones, temporary
Building-
7 sq. ft.
No
decorative flags clearly incidental which
mounted
may or may not be associated with any
national, local or religious holiday
18. Temporary for sale, lease, open house, or
Freestanding
6 sq. ft., 4
No
rent signs located on the subject property.
feet high.
One sign per street frontage.
Aggregate
not to
exceed 12
sq. ft.
19. Temporary for sale, lease, open house, or
Freestanding
12 sq. ft.
No
rent signs located on commercial/ten acre
6 ft high.
residential parcels in one ownership. One
Aggregate
sign per street frontage
not to
exceed 24
sq. ft.
Signs in residential districts requiring a permit
See Section 9.160.040
Signs in nonresidential districts requiring a
See Section 9.160.050
permit
Temporary and semi -permanent signs
See Sections 9.160.060 and
9.160.070
* In this table:
" n/a" means not applicable or no restriction
" Building -mounted" means signs mounted flush -to -wall
onlv
B. Repainting. The repainting of a sign in original colors shall not be
considered an erection or alteration which requires sign approval unless a
structural, text or design change is made. (Ord. 468 § 1, 2009; Ord. 394 §
2 (Exh. A) (part), 2003; Ord. 293 § 1 (part), 1996; Ord. 284 § 1 (Exh. A)
(part), 1996)
9.160.030 General sign standards.
A. Applicability. Signs in the city of La Quinta, including exempt, permanent,
semipermanent and temporary signs, are subject to the general standards
of this section.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 225 of 334
B. Planned Sign Programs. Planned sign program review is required, per the
provisions of Section 9.160.090D, for submissions which: (1) include three
or more permanent signs; (2) are in conjunction with review of a site
development permit by the planning commission; or (3) include a request
for a sign adjustment to a sign previously approved under a planned sign
program.
C. Interpretation of Provisions. Where a matter of interpretation arises
regarding the provisions of this chapter, the more specific definition or
more rigorous standard shall prevail. Whenever the Director determines
that the application of any provision of this chapter is uncertain, the issue
shall be referred to the planning commission for determination.
D. Application of Standards. If the director determines that a staff -reviewed
sign does not conform to one or more of the general standards set forth in
this section, the applicant shall be given the option of modifying the sign or
applying for a minor adjustment.
E. Measurement of Sign Area. Sign area shall be measured as follows:
1. Basic Rule. Sign size or area shall be defined as the entire area of the
sign face, including nonstructural perimeter trim but excluding
structures or uprights on which the sign is supported.
2. Window Signs. Window sign area shall be considered to be the entire
area of any sign placed on or inside a window and not painted directly
on the glass. For signs painted directly on the glass, area measurement
shall be the same as that for wall signs, following.
3. Individual Letters. The area of wall or window signs composed of
individual letters painted on or otherwise affixed to the wall or window
shall be considered to be the area within the single continuous
perimeter encompassed by a straight-line geometric figure which
encloses the extreme limits of the letters or other characters.
4. Double -Faced Signs. If a sign is double-faced with only one face visible
from any ground position at one time, its sign area shall be considered
to be the area of either face taken separately. Thus, if the maximum
permitted sign area is twenty square feet, a double-faced sign may
have an area of twenty square feet per face.
5. Three -Dimensional Signs. If a sign has three or more faces, its sign
area shall be considered to be the sum of the areas of each individual
face. Thus, if a sign has four faces and the maximum permitted sign
area is twenty square feet, the maximum allowable area for each face is
only five square feet.
6. Separated -Panel Signs. The sign area of open or separated panel
signs, i.e., those signs having empty spaces between copy panels, shall
be considered to be the entire area encompassed by the sign face,
including the empty spaces between panels.
F. Measurement of Sign Height. Sign height shall be measured as follows:
1. Building -Mounted Signs. The height of building -mounted signs shall be
measured from the average finish grade directly beneath the sign.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 226 of 334
2. Freestanding Signs. The height of a freestanding sign shall be
measured from the top of curb of the nearest street (or the edge of
pavement of such street where there is no curb) to the top of the sign or
any vertical projection thereof, including supporting columns and/or
design elements. However, in cases where the director determines that
a freestanding sign is not oriented to any particular street or is too far
from such a street to reasonably apply the foregoing standard, sign
height shall be measured from the average finish grade at the base of
the sign.
G. Sign Placement.
1. Setback From Street. Freestanding signs shall not be located within five
feet of a street right-of-way nor within a corner cutoff area identified in
Section 9.100.030D.
2. No Off -Premises Signs. All signs shall be located on the same premises
as the land use, business and/or activity identified by the sign, unless
specifically permitted to be off -premises under the provisions of this
chapter, or incorporated and approved as part of a temporary use
permit application.
3. Utility Lines. No sign shall be located closer to overhead utility lines
than the distance prescribed by California law or by the rules duly
promulgated by agencies of the state or by the applicable public utility.
4. Traffic Safety. No sign shall be located in such a manner as to obstruct
free and clear vision of pedestrian and vehicular traffic.
5. Public Right -of -Way. No sign shall be located within, over or across a
public right-of-way unless specifically permitted in this chapter.
H. Illumination. Illumination from or upon any sign shall be shaded, shielded,
directed or reduced so as to avoid undue brightness, glare or reflection of
light on private or public property in the surrounding area so as to avoid
unreasonably distracting pedestrians or motorists. "Undue brightness" is
illumination in excess of that which is reasonably necessary to make the
sign reasonably visible to the average person on an adjacent street.
Illuminated signs which face or are adjacent to residentially zoned property
shall be restricted to minimize the illumination, glare or reflection of light
which is visible from the residentially zoned property.
I. Maintenance. Any sign displayed within the city, together with supports,
braces, guys, anchors, and electrical components, shall be maintained in
good physical condition, including the replacement of defective parts.
Exposed surfaces shall be kept clean, in good repair and painted where
paint is required. The Director may request the director of building and
safety to order the repair or removal of any sign determined by the director
to be unsafe, defective, damaged or substantially deteriorated.
J. Landscaping of Freestanding Signs. All freestanding signs shall include, as
part of their design, landscaping and/or hardscaping about their base so as
to prevent vehicles from hitting the sign, to improve the overall appearance
of the installation, and to screen light fixtures and other appurtenances.
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 227 of 334
The applicant shall maintain all landscape areas in a healthy and viable
condition.
K. Inspection. All sign owners and users shall permit the periodic inspection of
their signs by the city upon ten days' notice.
L. Specific Plan Standards to Apply. Signs to be located within the boundaries
of a specific plan or other special design approval area shall comply with
the criteria established by such plan or area. (Ord. 506 § 1, 2013; Ord. 284
§ 1 (Exh. A), 1996)
9.160.040 Permanent signs in residential districts.
Signs identified in Table 9-18 are permitted in residential districts subject to
approval of a sign permit per Section 9.160.0
Table 9-18 Permanent Signs Permitted in Residential Districts With a Sign Permit
Note: Freestanding signs shall not be located within 5 feet of a street right-of-way nor
within a corner cutoff area identified in Section 9.60.030.
Note: "ID" means identification sign.
Sign Type and
Maximum
Maximum
Maximum
Illumination
Additional
Placement
Number
Area (sq.
Height
Requirements
ft.
Building -mounted or
2 per entry
24
6 ft., or
Indirect only
1 single -faced
freestanding project/
street (1 if
top of wall
sign permitted
neighborhood/apartment
double-
if building-
on each sign
complex ID sign
faced)
mounted
of street (1
sign only if
double-faced)
Building -mounted or
1 per
18
6 ft.
Indirect only
Signs are to
freestanding directory
entrance to
be designed
sign for multitenant
building or
and oriented
buildings or complexes
complex
to direct
pedestrian
traffic
Building -mounted or
1 of either
6
6 ft.
Indirect only
Permanent
freestanding apartment
per street
sign giving
rental (permanent)
frontage
rental
information for
buildings or
complexes
containing 15
or more units
Other uses
1
24
6 ft.
Indirect only
1 sign may be
freestanding
changeable
copy
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 228 of 334
2 building- 24 Top of
mounted aggregate wall
Signs in nonresidential districts requiring a permit See Section 9.160.050
Signs exempt from sign permit approval See Section 9.160.020
Temporary and semi -permanent signs See Section 9.160.060 and
9.160.070
(Ord. 284 § 1 (Exh. A) (part), 1996)
9.160.050 Permanent signs in nonresidential districts.
Signs identified in Table 9-19 following are permitted in nonresidential districts
subject to approval of a sign permit per Section 9.160.090.
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Notes
Freestanding signs shall not be located within 5 feet of a street right-of-way nor within
a corner cutoff area identified in Section 9.100.030.
"ID" means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
Freestanding
1 per street
0.25 sq. ft.
8 ft.
Direct or
Aggregate
center or
frontage
per lineal ft.
indirect for
sign area may
complex ID
of street
all signs
not be
sign for
frontage up
combined
multitenant
to maximum
among street
building or
of 50 sq. ft.
frontages.
multibuilding
per sign and
Letter height
shopping
100 sq. ft.
shall be a
center or
aggregate
minimum 10"
other
for all signs
high
commercial
or office
complex
Building-
1 flush-
Flush-
8 ft.
Direct or
ID signs for
mounted or
mounted
mounted: 1
indirect for
tenants above
permanent
plus 1
sq. ft. per
all signs
the ground
window ID
under-
lineal ft. of
floor in
signs for
canopy per
lease
buildings with
individual
tenant
frontage up
only interior
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 229 of 334
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Notes
Freestanding signs shall not be located within 5 feet of a street right-of-way nor within
a corner cutoff area identified in Section 9.100.030.
"ID" means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
commercial
frontage
to maximum
access above
or office
along a
of 50 sq. ft.
ground floor
tenants
street or
aggregate
shall require a
along a
Under-
sign program
common-
canopy:3
use parking
sq. ft.
lot with no
direct street
frontage
Freestanding
1
50 sq. ft.
8 ft.
Direct or
Allowed only if
ID sign for
indirect for
building has
individual
all signs
minimum 200
commercial
ft. of street
or office
frontage
building
Building-
2 (but no
1 sq. ft. per
Top of wall
Direct or
mounted ID
more than 1
lineal ft. of
indirect for
sign for
per each
building
all signs
individual
side of
frontage
commercial
building)
along a
or office
street up to
building
maximum of
50 sq. ft.
aggregate
Building-
1 per
18 sq. ft.
Top of wall
Direct or
Signs are to
mounted or
entrance to
or 6 ft. if
indirect
be designated
freestanding
building or
freestanding
and oriented
directory
complex
to direct
sign for
pedestrian
multitenant
traffic
buildings or
complexes
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 230 of 334
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Notes
Freestanding signs shall not be located within 5 feet of a street right-of-way nor within
a corner cutoff area identified in Section 9.100.030.
"ID" means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
Business A-
1 per
10 sq. ft. per
n/a
Indirect only
Signs shall be
board type
business
side
located no
signs
further than 20
feet from the
main store
entrance, shall
not interfere
with
pedestrian
access/ADA
compliance,
and shall only
be placed
during
business
hours
Gas/service
1
50 sq. ft.
8 ft.
Direct or
Allowed only
stations
freestanding
aggregate
indirect for
for stations
sign per
all signs
which are not
street
accessory to
frontage,
other uses.
combining
Price sign
business
must show the
identification
lowest price
and gas
per gallon of
prices
all grades,
including taxes
1 building-
Top of wall
mounted ID
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 231 of 334
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Notes
Freestanding signs shall not be located within 5 feet of a street right-of-way nor within
a corner cutoff area identified in Section 9.100.030.
"ID" means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
Theaters,
1
Aggregate
Top of wall
Direct or
Theaters,
cinemas and
freestanding
allowed: 20
or 12 ft. if
indirect for
cinemas and
cabarets
and 1
sq. ft. plus
freestanding
all signs
cabarets
building-
10 sq. ft. per
mounted
screen/stage
sign, of
over 1, up to
which 1 sign
a maximum
may be
of 40 sq. ft.
combination
ID and
attraction
board
1 building-
6 sq. ft. each
Top of wall
Indirect only
1 building -
mounted
mounted
coming-
coming -
attraction
attraction
poster per
poster per
screen or
screen or
stage
stage
Church and
1
24 sq. ft.
6 ft.
Direct or
1 of the
institutional
freestanding
indirect for
allowed signs
uses
all signs
may include
an attraction
board
2 building-
24 sq. ft.
Top of wall
mounted
aggregate
Signs in residential districts requiring a permit
See Section 9.160.040
Signs exempt from sign permit approval
See Section 9.160.020
Temporary and semipermanent signs
See Sections 9.160.060 and
9.160.070
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 232 of 334
(Ord. 506 § 1, 2013; Ord. 480 § 1, 2010; Ord. 284 § 1 (Exh. A), 1996)
9.160.060 Permitted temporary signs.
A. Definition. See Chapter 9.280.
B. Maximum Time Periods. No temporary sign shall be posted for more than
forty-five consecutive days nor shall such temporary sign or sign displaying
similar messages regarding the same event, if any, which is the subject of
such temporary sign be reposted upon the same site, or any site which is
visible from the original site, within ninety days of the removal of the
original temporary sign. In addition, all temporary signs shall be removed
within seven days after the occurrence of the event, if any, which is the
subject of the temporary sign. (For example, a temporary sign advertising a
garage sale on a particular date, or a temporary sign promoting a
candidate in a particular election.) The date of posting and permit number
shall be permanently and legibly marked on the lower right-hand corner of
the face of the sign.
C. Maximum Sign Area. Except where an approval is obtained under
subsection F of this section, temporary signs placed on public property
may not exceed six square feet in area and temporary signs placed on
private property may not exceed twelve square feet in area. The aggregate
area of all temporary signs maintained on any private property parcel of
real property in one ownership may not exceed twenty-four square feet.
Area shall be calculated on the basis of the entire sign area, as defined in
Section 9.160.030.
D. Maximum Height. Freestanding temporary signs which are placed on
public or private property shall not exceed six feet in height. Temporary
signs which are posted, attached or affixed to private multiple -floor
buildings shall not be placed higher than eight feet or the finish floor line of
the second floor of such buildings, whichever is less, and temporary signs
which are posted, attached or affixed to private single -floor buildings shall
not be higher than the eave line or top of wall of the building. All heights
shall be measured to the highest point of the surface of the sign.
E. Maximum Number. In no case shall the total number of temporary signs for
any permit exceed one hundred.
F. Placement Restrictions. Temporary signs shall not be posted on sidewalk
surfaces, mailboxes, utility boxes, electric light or power or telephone
wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards,
public bridges, fences or walls, fire alarm or police telegraph systems,
drinking fountains, life buoys, life preservers, lifesaving equipment, street
signs and traffic signs or signals. Temporary signs shall not be located
closer than five feet from the edge of the paved area of any public road or
street and shall not be posted within any median located in a public road or
street. Temporary signs shall be placed no less than two hundred feet
apart from identical or substantially similar temporary signs placed within
the city limits. Temporary signs shall not be posted in a manner which
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obstructs the visibility of traffic or street signs or signals or emergency
equipment.
G. Sign Permit Required. Any person, business, campaign organization, or
other entity who proposes to post one or more temporary signs on public
property and/or four or more temporary signs on private property shall
make application to the Planning Division for a sign permit. To insure sign
removal upon expiration of the permitted posting time, a deposit as
established by city council resolution shall be paid in conjunction with the
issuance of the sign permit. Upon the successful removal of all temporary
signs, up to one hundred percent of the deposit shall be refunded to the
applicant. However, violations of the temporary sign provisions may result
in up to fifty percent of said deposit being retained by the city.
1. Statement of Responsibility Required. Each applicant for a temporary
sign permit shall submit to the Planning Division a statement of
responsibility certifying a natural person who will be responsible for
removing each temporary sign for which a permit is issued by the date
removal is required, and who will reimburse the city for any costs
incurred by the city in removing each such sign which violates the
provisions of this section.
2. Standards for Approval.
a. Within ten business days of the Planning Division's receipt of a
temporary sign permit application, the Director shall approve or
disapprove such application. If the director disapproves an
application, the notice of disapproval shall specify the reasons for
disapproval. The director shall approve or disapprove any permit
application for temporary signs based on character, location and
design, including design elements such as materials, letter style,
colors, sign type or shape, and the provisions of this section.
b. The director's decision with respect to a permit application for a
temporary sign may be appealed to the planning commission.
H. Maintenance and Removal of Temporary Signs.
1. Maintenance. All temporary signs shall be constantly maintained in a
state of security, safety and good repair.
2. Removal from Public Property. If the city determines that a temporary
sign located on public property is unsafe or insecure, is a menace to
public safety or has been constructed, erected, relocated or altered in
violation of this section, it may be removed summarily. If the sign
contains identification, the owner shall be notified that the sign may be
recovered within five days of the date of notice.
3. Removal from Private Property. If the city finds that a temporary sign
located on private property is unsafe or insecure, is a menace to public
safety or has been constructed, erected, relocated or altered in violation
of this section, the city shall give written notice to the owner of the
temporary sign, or the person who has claimed responsibility for the
temporary sign pursuant to subsection F of this section, that the
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temporary sign is in violation of this section, shall specify the nature of
the violation, and shall direct the owner of the temporary sign or
responsible person to remove or alter such temporary sign. If the city
cannot determine the owner of the sign or person responsible therefor,
the city shall post such notice on or adjacent to each temporary sign
which is in violation. If the owner of the temporary sign or the person
responsible therefor fails to comply with the notice within five days after
such notice is given, the temporary sign shall be deemed abandoned,
and the city may cause such temporary sign to be removed and the
cost thereof shall be payable by the owner or person responsible for the
temporary sign to the city.
I. The placement of temporary signs for existing commercial businesses
during the construction of any department of public works contract over
forty-five days in length, where the ingress and egress points to a
commercial establishment, have been interrupted, and further when the
construction/modification of the public street involves a distance of more
than three thousand feet in length, the above regulations pertaining to
temporary signs and the associated processing fees, shall not be enforced
for the duration of the department of public works street contract. However,
the placement of temporary signs must not interfere with site visibility for
vehicular movement.
J. Commercial business banners advertising grand openings, sales, and
seasonal and/or temporary events are allowed up to four times per
calendar year, with a maximum time period of fourteen consecutive days,
and a minimum of thirty consecutive days between each placement period.
The banners shall be located within nonresidential zoning districts, with a
maximum of one banner per street frontage and one per parking lot
frontage, and a maximum of two banners per business. A sign permit shall
be required for each placement period. The banner(s) shall consist of light-
weight fabric or similar material attached to the building wall below the
eave line. The banner(s) shall be non -illuminated and its size shall not
exceed thirty-two square feet.
K. Garage, Patio, Yard Sale Advertising. Two signs (provided by the city) are
permitted; one on -site and one at the nearest intersection. The on -site sign
shall be located on the property where the sale is being conducted. Signs
are not permitted in rights -of -way or on any utility poles, street signs, or
traffic control posts. (Ord. 506 § 1, 2013; Ord. 479 § 1, 2010; Ord. 468 § 1,
2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A), 1996)
9.160.070 Permitted semi -permanent signs.
A. Definition. See Chapter 9.280.
B. Maximum Time Periods. No semi -permanent sign shall be posted for more
than one year. In addition, all semi -permanent signs shall be removed
within ten days after the occurrence of the event, if any, which is the
subject of the semi -permanent sign. (For example, a semi -permanent sign
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advertising the future construction of a facility on the site shall be removed
within ten days after the facility has received a certificate of occupancy,
and a model home complex identification sign shall be removed within ten
days after the model homes are completed and sold.) The date of posting
and permit number shall be permanently and legibly marked on the lower
right-hand corner of the face of the sign.
C. Maximum Sign Area. Semi -permanent signs may not exceed thirty-two
square feet in area. The aggregate area of all semi -permanent signs
placed or maintained on any parcel of real property in one ownership shall
not exceed sixty-four square feet. Area shall be calculated on the basis of
the entire sign area, as defined in Section 9.160.030.
D. Maximum Height. Freestanding semi -permanent signs shall not exceed
eight feet in height. Semi -permanent signs which are posted, attached or
affixed to multiple -floor buildings shall not be placed higher than the finish
floor line of the second floor of such buildings and such signs posted,
attached or affixed to single -floor buildings shall not be higher than the
eaveline or top of wall of the building. All heights shall be measured to the
highest point of the surface of the sign.
E. Maximum Number. In no case shall the number of signs on any parcel
exceed ten.
F. Placement Restrictions. Semi -permanent signs may not be posted on
public property, as defined in Section 9.160.130. Semi -permanent signs
may not be posted in a manner which obstructs the visibility of traffic or
street signs or signals or emergency equipment. Temporary signs may not
be posted on sites approved for semi -permanent signs unless specifically
authorized by the semi -permanent sign permit.
G. Sign Permit Required. Any person, business, campaign organization or
other entity who proposes to post or erect a semi -permanent sign shall
make application to the Planning Division for a semi -permanent sign
permit.
1. Statement of Responsibility Required. Each applicant for a semi-
permanent sign permit shall submit to the Planning Division a statement
of responsibility certifying a natural person who will be responsible for
removing each semi -permanent sign for which a permit is issued by the
date removal is required, and who will reimburse the city for any costs
incurred by the city in removing each such sign which violates the
provisions of this section.
2. Standards for Approval.
a. Within ten business days of the Planning Division's receipt of a
semi -permanent sign permit application, the director shall approve
or disapprove such application. If the director disapproves an
application, the notice of disapproval shall specify the reasons for
disapproval. The director shall approve or disapprove any permit
application for semi -permanent signs based on character, location
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and design, including design elements such as materials, letter
style, colors, sign type or shape and the provisions of this section.
b. In any event, no permit application shall be approved which
proposes to place in excess of ten semi -permanent signs on private
or public property which will be visible simultaneously from a single
location and orientation within the boundaries of the city.
c. The director's decision with respect to a permit application for a
semi -permanent sign may be appealed to the planning commission.
H. Time Extensions. The applicant may apply for a time extension of up to
one year from the date of expiration. The Director shall approve the
application for an extension of time upon finding that the semi -permanent
sign is otherwise in compliance with the requirements of this section and
that the time extension is necessary to accomplish the purposes for which
the semi -permanent sign has been posted.
I. Maintenance and Removal of Semi -permanent Signs.
1. Maintenance. All semi -permanent signs shall be constantly maintained
in a state of security, safety and good repair.
2. Removal. If the city finds that any semi -permanent sign is unsafe or
insecure, is a menace to public safety or has been constructed,
erected, relocated or altered in violation of this section, the city shall
give written notice to the owner of the semi -permanent sign, or the
person who has claimed responsibility for the semi -permanent sign
pursuant to subsection F of this section, that the semi -permanent sign
is in violation of this section, shall specify the nature of the violation,
and shall direct the owner of the semi -permanent sign or responsible
person to remove or alter such semi -permanent sign. If the city cannot
determine the owner of the sign or person responsible therefor, the city
shall post such notice on or adjacent to each semi -permanent sign
which is in violation. If the owner of the semi -permanent sign or the
person responsible therefor fails to comply with the notice within five
days after such notice is given the semi -permanent sign shall be
deemed abandoned, and the city may cause such semi -permanent sign
to be removed and the cost thereof shall be payable by the owner or
person responsible for the semi -permanent sign to the city. (Ord. 293 §
1 (part), 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
9.160.080 Semipermanent downtown Village directional signs.
A. Purpose. To provide vehicular direction to specific businesses which, due
to their location within the boundaries of the Village commercial zoning
district and away from major arterials, are difficult to find.
B. Definition. See Chapter 9.280.
C. Maximum Time Periods. No downtown Village directional sign panel shall
be installed for more than eleven consecutive months out of any twelve-
month period. However, a sign panel may be installed for more than eleven
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consecutive months if there is no waiting list for commercial business on
that sign panel. A log containing the installation date of all sign panels shall
be maintained by the contracted group or agency. This log shall be made
available to the city upon request, and submitted annually to the city.
D. Monument Base Structure, Size and Standards. Downtown Village
directional sign panels shall only be installed in approved monument base
structures which conform to the following standards:
1. Structures shall not exceed eight feet in height and six feet in width.
2. Structures shall contain no more than eight sign panels per face or side.
3. Structures shall have no more than two faces or sides.
4. Structure shall include, at the top, a decorative cap or sign of maximum
two feet six inches high and six feet wide.
5. The base shall be constructed of block, brick, wood, stone or other
similar material.
6. No tag, sign, streamer, device, display board or other attachment may
be added or placed upon the structure.
E. Sign Panel Size and Standards. Downtown Village directional sign panels
which are mounted in the monument base structures shall be eight inches
in height and five feet wide, and shall conform to the following standards:
1. The use of such sign panels shall be for the sole identification of any
commercial businesses located and operating within the boundaries of
the Village commercial zoning district.
2. Each sign panel shall contain the name of the business and a
directional arrow on no more than two lines.
3. Indirect lighting may be provided as set forth in Section 9.100.150.
F. Sign Locations. Five structures shall be allowed: The specific location at
each intersection shall be approved by the Director and the director of
public works. The structures may be located in the city's right-of-way. If
located in the right-of-way, an encroachment permit shall be obtained from
the director of public works. The structures shall be located for maximum
readability and traffic/pedestrian safety.
G. Installation. The city shall have the discretion to contract with a nonprofit
group or nongovernmental agency to install and manage the sign panels
and structures. Fees may be charged only to the extent necessary to cover
costs for installation and subsequent maintenance. The group or agency
chosen to administer the semi -permanent downtown Village directional
sign program shall sign a memorandum of agreement with the city setting
forth the scope of responsibilities and services to be provided.
H. Maintenance. The group or agency contracted to install and manage the
sign panels and structures shall be responsible for maintaining the panels
and structures in good order at all times. Upon request by the city, sign
panels and structures shall be repaired and/or maintained within thirty days
of such request. Failure to repair/maintain sign panels and structures shall
be cause for city to request removal or to remove. (Ord. 401 § 1 (Exh. A),
2004: Ord. 284 § 1 (Exh. A) (part), 1996)
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9.160.090 Sign permit review.
A. Sign Permit Required. Sign permit approval is required prior to obtaining a
building permit for the placing, erecting, moving, reconstructing, altering or
displaying any sign on private property within the city, unless the review
procedure is exempt under Section 9.160.020 of this chapter or other
provisions of this chapter. Signs requiring approval shall comply with the
provisions of this chapter and all other applicable laws and ordinances.
Signs legally existing prior to the effective date of the ordinance codified in
this chapter shall not require approval until such time as the sign is moved,
structurally altered, changed or relocated; at which time, the review and
approval provisions of this chapter shall apply before a sign permit and/or
building permit is issued.
B. Submission Materials. The following shall be submitted by the applicant to
the Planning Division at the time of permit application unless otherwise
modified by the Director:
1. Completed sign application obtained from the city;
2. Appropriate sign plans with number of copies and exhibits as required
in the application;
3. Appropriate fees as established by city council resolution;
4. Letter of consent or authorization from the property owner, or lessor, or
authorized agent of the building or premises upon which the sign is to
be erected;
5. Sign plans with the following information:
a. Sign elevation drawing indicating overall and letter/figure/design
dimensions, colors, materials, proposed copy and illumination
method,
b. Site plan indicating the location of all main and accessory signs
existing or proposed for the site with dimensions, color, material,
copy and method of illumination indicated for each,
c. Building elevations with signs depicted (for building -mounted signs).
C. Review Procedures —Standard Sign Application.
1. The standard sign application is used by the Planning Division to
process the following sign applications using the standards and
provisions contained in this chapter:
a. Two or less permanent signs;
b. Signs in conformance with a previously approved planned sign
program pursuant to subsection D of this section.
2. The Director or other authorized staff member shall review standard
sign applications and shall make a determination to either approve,
approve with modification or deny the application. The review shall
consider the size, design, colors, character and location of the
proposed signs.
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3. A standard sign application shall only be approved after a finding that
the proposed sign is consistent with the purpose and intent of this
chapter and the regulations herein.
D. Review Procedures —Planned Sign Programs.
1. Planned Sign Programs. Planned sign program review per the
provisions of this subsection is required for submissions which: (1)
include three or more permanent signs; (2) are in conjunction with
review of a site development permit by the planning commission; or (3)
include a request for a sign adjustment to a sign previously approved
under a planned sign program.
2. The Director shall make a determination to either approve, approve with
modifications, or deny planned sign program applications in conjunction
with its review of the associated development project.
3. The Director, upon completion of its review, may attach appropriate
conditions to any sign program approval. In order to approve a planned
sign program, the commission must find that:
a. The sign program is consistent with the purpose and intent of this
chapter;
b. The sign program is in harmony with and visually related to:
i. All signs within the planned sign program, via the incorporation
of several common design elements such as materials, letter
style, colors, illumination, sign type or sign shape.
ii. The buildings they identify. This may be accomplished by
utilizing materials, colors, or design motif included in the
building being identified.
iii. Surrounding development. Implementation of the planned sign
program will not adversely affect surrounding land uses or
obscure adjacent conforming signs.
4. Modification of signs within a previously approved sign program shall be
reviewed by the Director.
E. Sign Adjustments. Adjustments to planned sign programs to permit
additional sign area, additional numbers of signs, an alternative sign
location, an alternative type of signage, new illumination or additional
height may be granted by the Director. Applications for sign adjustments
shall be submitted in writing on forms provided by the Director. The
Director shall make one or more of the following findings in conjunction
with approval of a sign adjustment:
1. Additional Area.
a. To overcome a disadvantage as a result of an exceptional setback
between the street and the sign or orientation of the sign location;
b. To achieve an effect which is essentially architectural, sculptural or
graphic art;
c. To permit more sign area in a single sign than is allowed, but less
than the total sign area allowed on the site, where a more orderly
and concise pattern of signing will result;
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d. To allow a sign to be in proper scale with its building or use;
e. To allow a sign compatible with other conforming signs in the
vicinity;
f. To establish the allowable amount and location of signing when no
street frontage exists or when, due to an unusual lot shape (e.g.,
flag lot), the street frontage is excessively narrow in proportion to the
average width of the lot.
2. Additional Number. To compensate for inadequate visibility, or to
facilitate good design balance.
3. Alternative Locations.
a. To transfer area from one wall to another wall or to a freestanding
sign upon the finding that such alternative location is necessary to
overcome a disadvantage caused by an unfavorable orientation of
the front wall to the street or parking lot or an exceptional setback;
b. To permit the placement of a sign on an access easement to a lot
not having street frontage, at a point where viewable from the
adjoining public street. In addition to any other requirements, the
applicant shall submit evidence of the legal right to establish and
maintain a sign within the access easement;
c. Additionally, alternative on -site locations may be granted in order to
further the intent and purposes of this chapter or where normal
placement would conflict with the architectural design of a structure.
4. Alternative Type of Sign. To facilitate compatibility with the architecture
of structure(s) on the site and improve the overall appearance on the
site.
5. Additional Height. To permit additional height to overcome a visibility
disadvantage.
F. Disposition of Plans.
1. When revisions to sign plans are required as a condition of approval,
the applicant shall submit the required number of copies of the revised
plans to the Planning Division to be stamped "Approved." The
department will retain copies and a set will be returned to the applicant.
2. After approval is granted, it shall be the responsibility of the applicant to
submit all required applications, plans, bonds, and fees to the building
and safety department and the Planning Division for issuance of the
building permit.
G. Sign Permit Expiration and Time Extensions.
1. Approval of a standard application or planned program application shall
expire one year from its effective date unless the sign has been erected
or a different expiration date is stipulated at the time of approval. Prior
to the expiration of the approval, the applicant may apply to the director
for an extension of up to one year from the date of expiration. The
director may make minor modifications or may deny further extensions
of the approved sign or signs at the time of extension if the director
finds that there has been a substantial change in circumstances.
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2. The expiration date of the sign approval(s) shall automatically be
extended to concur with the expiration date of building permits or other
permits relating to the installation of the sign.
3. A sign approval shall expire and become void if the circumstances or
facts upon which the approval was granted changes through some
subsequent action by the owner or lessees such that the sign would not
be permitted per this chapter under the new circumstances.
H. Appeals. Any decision of the Director made pursuant to this chapter may
be appealed to the planning commission and decisions of the planning
commission may be appealed to the city council. The appeal must be
made within fifteen calendar days of the decision date, in accordance with
Section 9.160.120. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.160.100 Prohibited signs.
The signs and displays listed in this section are prohibited. Such signs are subject to
removal by the city at the owner's or user's expense. Prohibited signs include the
following:
1. Any sign not in accordance with the provisions of this chapter;
2. Abandoned signs;
3. Rotating, revolving or otherwise moving signs;
4. Trailer signs and other signs with directional arrows affixed to vehicles
which are used exclusively or primarily for advertising, unless
specifically permitted;
5. Flags, pennants, streamers, spinners, festoons, windsocks, valances or
similar displays, unless specifically permitted in this chapter;
6. Animated or flashing signs;
7. Portable signs, unless specifically permitted in this chapter;
8. Off -premises signs as defined in Section 9.160.130, unless specifically
permitted to be off -premises under the provisions of this chapter, or
incorporated and approved as part of a temporary use permit
application;
9. Billboards or outdoor advertising signs;
10. Signs which identify or advertise activities which are illegal under
federal, state or local laws in effect at the location of such signs or
activities;
11. Building -mounted signs placed on or above the roof or above the eave
line of any structure;
12. Signs which purport to be, are an imitation of, or resemble an official
traffic sign or signal;
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13. Signs which, by reason of their size, location, movement, content,
coloring or manner of illumination may be confused with or construed
as a traffic -control sign, signal or device, or the light of an emergency
vehicle, or which obstruct the visibility of any traffic or street sign or
signal device;
14. Signs that create a potential safety hazard by obstructing clear view of
pedestrian or vehicular traffic;
15. Signs located upon or projecting over public streets, sidewalks or rights -
of -way (unless specific approval has been granted);
16. Signs attached to utility poles or stop signs or other municipal sign
structure;
17. Balloon signs, inflatable animal or other figures, or other inflatable
displays, whether tethered or not, except as otherwise permitted by a
temporary or special outdoor event permit;
18. Signs located closer to overhead utility lines than the minimum distance
prescribed by California law, or by the rules duly promulgated by
agencies of the state or by the applicable public utility;
19. "For Sale" signs affixed to vehicles parked on public right-of-way or on
any vacant property;
20. Neon signs, except those specifically approved as an activity's major
identification sign;
21. Signs drawn or painted onto or otherwise affixed to trees or rocks
unless specifically permitted in this chapter;
22.Advertising statuary;
23.Any temporary sign or banner, unless specifically permitted in this
chapter;
24. Translucent or transparent signs on internally illuminated awnings so
that they allow light to shine through the letters of the copy. (Ord. 506 §
1, 2013; Ord. 361 § 1 (Exh. A), 2001; Ord. 284 § 1 (Exh. A), 1996)
9.160.110 Nonconforming signs.
A. Every legal sign in existence on the effective date of this code which does
not conform to the provisions of this chapter but which was in conformance
with city sign regulations in effect prior to said effective date, shall be
deemed a nonconforming sign and may be continued and maintained
provided:
1. The sign is properly maintained and does not in any way endanger the
public; and
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2. The sign was covered by a valid permit or variance or complied with all
applicable laws on the date of adoption of the ordinance codified in this
chapter.
B. No nonconforming sign shall be changed to another nonconforming sign,
changed in any manner that increases the signs noncompliance with the
provisions of this chapter, nor expanded or structurally altered so as to
extend its useful life. This restriction does not preclude change of sign copy
or normal maintenance.
C. Any nonconforming sign which is damaged or destroyed beyond fifty
percent of its value shall be removed or brought into conformity with the
provisions of this chapter. The determination whether a sign is damaged or
destroyed beyond such fifty percent of value shall rest with the Director and
shall be based upon the actual cost of replacing said sign.
D. The burden of establishing a sign as legally nonconforming under this
section rests upon the person or persons, firm or corporation claiming legal
status for a sign. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.160.120 Enforcement, sign removal and abatement.
A. Enforcement Responsibility. It shall be the duty of the director or the
directors authorized representative to enforce the provisions of this
chapter.
B. Illegal and Abandoned Signs.
1. Illegal Signs. Any sign which does not have a required permit or which
otherwise violates applicable provisions of this chapter shall be deemed
illegal. If the director determines a sign to be illegal, the director may
order the property owner and/or sign owner to remove the sign or may
require other actions to ensure compliance with this chapter. Further, in
order to discourage the erection of signs without a permit, the director
may require that such illegally erected signs be removed prior to review.
If the director determines that such removal is not feasible, such illegal
signs shall be subject to a tripled sign permit application fee in
conjunction with sign review.
2. Abandoned Signs. Any sign located on property which becomes vacant
or unoccupied or which pertains to any occupant or business unrelated
to the premises present occupant or business, or which pertains to a
time, event or purpose which no longer applies shall be deemed
abandoned. Such signs shall be removed within ninety days after the
associated enterprise or occupant has vacated the premises or within
ninety days after the time, event or purpose which no longer applies
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has ended. Any such sign not removed within the required period shall
constitute a nuisance and shall be subject to removal per subsection E
of this section.
C. Unsafe Public Signs. Any sign deemed by the city to be a danger to the
public under any applicable ordinance or other statute shall be repaired or
altered to as to be deemed safe by the city or shall be removed pursuant to
subsection E of this section.
D. Expired Temporary and Semi -permanent Signs. A temporary or semi-
permanent sign which remains posted beyond the time limits set out
therefor in Sections 9.160.060H and 9.160.0701 respectively shall be
removed.
E. Abatement and Removal of Signs.
1. Abatement Procedures. Any illegal or abandoned sign may be deemed
to be a public nuisance that poses an immediate danger to the health,
safety and welfare of the community by creating an obstruction to
circulation, including, but not limited to, vehicular and pedestrian. The
owner of the sign shall be responsible and liable for the removal and
disposition of the sign.
a. Abatement. Upon discovering the existence of an illegal sign, the
director shall have the authority to order the immediate abatement
and removal thereof. The director shall notify the owner thereof, or
the owner's representative, in person or by mailing an abatement
notice to the owner's last known address. Such notice shall state the
time limit, if any, granted for removal of the sign and the statement
that the director shall remove the sign after the stated time, the
procedure for retrieving a removed sign, and a statement that the
owner may request a hearing to appeal the abatement and removal
by submitting a written request. The amount of time stated for
removal of a sign may be reduced or eliminated if the director
determines that the illegal sign constitutes an immediate danger to
the health, safety and welfare of the community or is a safety
hazard.
b. Hearings.
i. Any sign removed and stored pursuant to these provisions
shall be released to the owner thereof if claimed within thirty
days after such removal and upon the payment of reasonable
administrative fees. Such administrative fees shall be waived if,
after a hearing to appeal has been requested, a determination
is made at such hearing that the fees shall be waived. The
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administrative fees for the removal and storage of the sign
shall be established or modified by resolution of the city council
and shall include the actual cost of removal and storage of any
sign plus the proportional share of administrative costs in
connection therewith.
ii. Any hearing to appeal an abatement order which is requested
shall be conducted within five working days of the receipt of the
request by the city manager, who should be designated as the
hearing officer. The failure of either the owner or his or her
agent to request a hearing shall waive the right to a hearing. At
the hearing, the hearing officer shall determine whether good
cause was shown for the abatement and removal of the sign.
The decision of the hearing officer shall be deemed the final
administrative determination. If good cause is shown for the
abatement and removal of the sign, the owner or his agent
shall have fifteen days from the date of the hearing to retrieve
his sign upon payment of the administrative fee. If good cause
is not shown for the abatement and removal of the sign, the
administrative fee shall be waived and the owner of this agent
shall have fifteen days to retrieve his or her sign.
c. Disposition. Any sign not retrieved by its owner within thirty days
after delivering or mailing the abatement notice when such owner
has not requested a hearing to appeal, or within thirty days of
storage of the sign by the city in all other cases, shall be deemed to
be permanently abandoned and may be disposed of by the city.
F. No City Liability. Neither the city nor any of its agents shall be liable for any
damage to a sign which is removed under this section.
G. Legal Action. In response to any violation of the provisions of this chapter,
the city may elect to file a criminal complaint against the violator, issue a
citation to the violator for an "infraction" pursuant to California Government
Code Section 36900, or institute a civil action in a court of competent
jurisdiction. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.160.130 Sign definitions.
For the purposes of this chapter, words and phrases relating to signs shall be defined
as follows:
"Abandoned sign" means a sign which is located on property which becomes
vacant or unoccupied or which pertains to any occupant or business unrelated to the
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premises' present occupant or business, or a sign which pertains to a time, event or
purpose which no longer applies.
"Accessory sign" means a sign whose copy refers to the products, facilities or
services available on the premises.
"Advertising statuary" means an imitation or representation of a person or thing
which is sculptured, molded, modeled or cast in any solid or plastic substance,
material or fabric and used to identify or advertise a product or service.
"Advertising vehicles" means any vehicle or trailer on a public right-of-way or
public property or on private property so as to be visible from a public right-of-way
which has attached thereto, or located thereon, any sign or advertising device for the
basic purpose of providing advertisement of products or directing people to a
business or activity located on the same or nearby property or any other premises.
This provision is not to be construed as prohibiting the identification of a firm or its
principal products on a vehicle operating during normal course of business. Public
buses or taxis are exempt from this prohibition.
"Animated sign" means any sign which includes action or motion or the optical
illusion of action or motion, or color changes of all or any part of the sign facing,
requiring electrical energy, or set in motion by movement of the atmosphere.
Excluded from the definition are public service message center signs and flags.
"Attraction board" means a sign capable of supporting copy which is readily
changeable without the use of tools, such as a theater marquee, and which refers to
products, services or coming events on the premises.
"Banner" means a temporary sign made of light -weight fabric, plastic, or similar
material hung either with or without frames.
"Billboard" means an off -premises sign with changing advertising copy or other
changing copy.
"Building -mounted sign" means a sign affixed to a building, painted directly on a
wall or erected against the wall of a building. Building -mounted signs include awning
signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs
and under -canopy signs.
"Bulletin board" means a board, kiosk or wall area on which are affixed personal
notices, lost -and -found notices, business cards, and similar small informal notices
referring to products, services, activities, or other items not offered on the same
premises. The term "bulletin board" shall not include business identification signs or
attraction boards.
"Business" means a commercial, office, institutional or industrial establishment.
"Canopy" means a fixed structure of any material and any length, projecting from
and connected to a building and/or columns and posts from the ground, or supported
by a frame extending from the building and/or posts from the ground.
"Construction sign" or "future facility construction sign" means a sign
containing information pertaining to a future development on the site where the sign
is located, including the name of the project, the developer, contractor, financing
source, future occupant(s), and other information directly related to the development.
"Copy" or "sign copy" means any words, letters, numbers, figures, designs, or
other symbolic representations incorporated onto the face of a sign.
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"Development" means, on land or in or under water: the placement or erection of
any solid material or structure; discharge or disposal of any dredged material or of
any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or
extraction of any materials; change in the density or intensity of use of land, including
but not limited to subdivision pursuant to the Subdivision Map Act, and any other
division of land, including lot splits, except where the land division is brought about in
connection with the purchase of such land by a public agency for public recreational
use; change in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition or alteration of the size of any structure, including any
facility of any private, public or municipal utility; and the removal or harvesting of
major vegetation other than for agricultural purposes.
"Directional sign" means any sign which is designed and erected solely for the
purpose of traffic or pedestrian direction and which is placed on the property to which
or on which the public is directed. Such a sign contains no advertising copy.
(Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per
hour," "no left turn.")
"Director" or "planning director" means the planning director for the city of La
Quinta or the director's authorized agent or representative.
"Electronic message board sign" means a sign with a fixed or changing display
composed of a series of lights, but does not include time and temperature displays.
"Exempt sign" means a sign which is designated in this code as not subject to
certain regulations.
"Face of building wall" means the outer surface of any main exterior wall or
foundation of a building, including windows and store fronts.
"Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed
building and projecting not more than six feet from the building face immediately
adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat
roof and return to a parapet wall or the building.
"Flag" means a visual display device without copy, made of flexible material, usually
cloth, paper or plastic.
"Flashing sign" means any sign which contains an intermittent or flashing light
source or which includes the illusion of intermittent or flashing light by means of
animation or an externally mounted intermittent light source. Excluded from the
definition are public service message center signs.
"Freestanding sign" means a sign supported upon the ground and not attached to
any building. This definition includes monument signs and ground signs.
"Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used
to announce sale of a used item or items.
"Identification sign" or "ID sign" means a sign whose copy is limited to the name
and address of a building, business, office, establishment, person or activity.
"Illumination" means the method by which a sign is lighted so as to be readable at
night. The following types of illumination are provided for in this chapter:
1. "Direct illumination" means the lighting of the sign face from behind so
that the light shines through translucent sign copy or lighting via neon or
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other gases within translucent tubing incorporated onto or into the sign
face.
2. "Indirect illumination" means the lighting of an opaque sign face from a
light source mounted in front of the face, or the lighting of opaque sign
copy (on an opaque sign face) via lights mounted into the copy and shining
rearward onto the face to form a lighted "halo' around the copy (e.g.,
"reverse channel" letters).
"Landscaping" means any material used as a decorative feature, such as shrubbery
or planting materials within planter boxes or concrete bases, used in conjunction with
a sign which expresses the theme of the sign and related structure but does not
contain advertising copy. All landscape areas shall be maintained in a healthy and
viable condition for the life of the sign.
"Logo" means a trademark or symbol of an organization.
"Mansard roof sign" means any sign attached to or supported by a mansard roof. A
"mansard roof" is a roof having two slopes, the lower steeper than the upper, and
having a slope of sixty degrees or greater with the horizontal plane.
"Monument sign" means a freestanding sign mounted on a low -profile solid base or
a fence, or a freestanding wall, as distinguished from support by poles.
"Multiple -building complex" means more than one structure on a parcel of land
housing commercial uses in which there are appurtenant shared facilities (such as
parking or pedestrian mall), and which is designed to provide an area in which the
public can obtain varied products and services. Distinguishing characteristics of a
multiple -building complex may, but need not, include common ownership of the real
property upon which the center is located, common -wall construction, and multiple -
tenant commercial use of a single structure or structures in multiple buildings.
"Multiple -tenant (commercial) building" means a commercial development in
which there exists a number of separate commercial activities, in which there are
appurtenant shared facilities (such as parking or pedestrian mall), and which is
designed to provide a single area in which the public can obtain varied products and
services. Distinguishing characteristics of a multiple -tenant commercial building may,
but need not, include common ownership of the real property upon which the center
is located, common -wall construction and multiple -occupant commercial use of a
single structure.
"Neon sign" means a sign which utilizes neon or other gases within translucent
tubing in or on any part of the sign structure.
"Off -premises sign" means a sign that incorporates a business name and/or
advertises products or services that are located, sold, produced, or otherwise
furnished elsewhere than on the premises on which the sign is located.
"On -premises sign" means a sign referring to a person, establishment,
merchandise, service, event or entertainment which is located, sold, produced,
manufactured, provided or furnished on the premises where the sign is located.
"Parapet wall" means a wall extending above the roof plane of the building.
"Permanent sign" means any sign which is intended to be and is so constructed as
to be a lasting and enduring condition, remaining unchanged in character, condition
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(beyond normal wear) and position and in a permanent manner affixed to the ground,
wall or building, provided the sign is listed as a permanent sign in this chapter.
"Political campaign sign" or "political sign" means a sign indicating the name
and/or picture of an individual seeking election to a public office, or relating to a
forthcoming public election, referendum, initiative, or to the advocating by persons,
groups or parties of political views or policies.
"Portable sign" or "mobile sign" means a sign made of any material, which, by its
design, is readily movable and is equipped with wheels, casters or rollers or which is
not permanently affixed to the ground, structure or building, or a sign upon a vehicle
or trailer used as a stationary advertising display, the primary purpose of which is to
serve as a base or platform for the sign. (Also includes sidewalk or sandwich board
signs.)
"Projecting sign" means any sign with two parallel faces no more than eighteen
inches apart projecting twelve inches or more from the wall or eaves of a building. No
guy wires, braces or secondary supports are visible.
"Private property" means any property other than public property.
"Public property" means any real or personal property in which the city or any other
governmental entity or any publicly regulated utility company possesses an
ownership interest. Public property shall include, without limitation, any street,
sidewalk, curb, curbstone, streetlamp post, hydrant, tree, tree stake or guard, railroad
trestle, electric light, power, telephone or telegraph wire, pole or appurtenance
thereof, any fixture of a fire alarm or police telephone or telegraph system, any
lighting system, public bridge or wall, drinking fountain, life buoy, life preserver,
lifesaving equipment, street, sign, traffic sign or signal, street median, public park or
other publicly owned property or structure.
"Public service message center sign" means an electronically or electrically
controlled sign or portion of a larger sign which conveys only information such as
time, date, temperature, atmospheric condition or general news information where
different alternating copy changes are shown on the same lamp bank matrix.
"Real estate sign" means a sign advertising the sale, lease or rent of the property
upon which it is located and the identification of the person or firm handling such
sale, lease or rent.
"Roof sign" means any sign erected upon or above a roof or parapet wall of a
building or placed above the apparent flat roof or eaves of a building.
"Seasonal sales sign" means a sign used to advertise a business or merchandise
held seasonally for a limited interval, all or most of whose business is conducted or
whose merchandise is displayed in an outdoor area.
"Sign" means any medium for visual communication, including but not limited to
words, symbols and illustrations, together with all parts, materials, frame and
background, which is used or intended to be used to attract attention to, identify or
advertise an establishment, product, service, activity or location, or to provide
information.
"Sign area" means the following:
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1. Basic Rule. Sign size or area shall be defined as the entire area of the sign
face, including nonstructural perimeter trim but excluding structures or
uprights on which the sign is supported.
2. Window Signs. Window sign area shall be considered to be the entire area
of any sign placed on or inside a window and not painted directly on the
glass. For signs painted directly on the glass, area measurement shall be
the same as that for wall signs, following.
3. Individual Letters. The area of wall or window signs composed of individual
letters painted on or otherwise affixed to the wall or window shall be
considered to be the area within the single continuous perimeter
encompassed by a straight-line geometric figure which encloses the
extreme limits of the letters or other characters.
4. Double -Faced Signs. If a sign is double-faced with only one face visible
from any ground position at one time, its sign area shall be considered to
be the area of either face taken separately. Thus, if the maximum permitted
sign area is twenty square feet, a double-faced sign may have an area of
twenty square feet per face.
5. Three -Dimensional Signs. If a sign has three or more faces, its sign area
shall be considered to be the sum of the areas of each individual face.
Thus, if a sign has four faces and the maximum permitted sign area is
twenty square feet, the maximum allowable area for each face is only five
square feet.
6. Separated -Panel Signs. The sign area of open or separated panel signs,
i.e., those signs having empty spaces between copy panels, shall be
considered to be the entire area encompassed by the sign face, including
the empty spaces between panels.
"Sign face" means the exterior surface of a sign exclusive of structural supports, on
which is placed the sign copy.
"Sign height," "height of sign," or "height" means the following:
1. For building -mounted signs, the distance from the average finish grade
directly beneath the sign to the top of the sign.
2. For freestanding signs, the distance from top of curb of the nearest street
(or the edge of pavement of such street where there is no curb) to the top
of the sign or any vertical projection thereof, including supporting columns
and/or design elements. However, in cases where the director determines
that a freestanding sign is not oriented to any particular street or is too far
from such a street to reasonably apply the foregoing standard, sign height
shall be measured from the average finish grade at the base of the sign.
"Sign permit" means an entitlement from the city to place or erect a sign.
"Sign program" means the method of review and approval of signs by one of the
following two procedures:
1. Standard Sign Application. The review and approval of standard sign
applications is conducted by the planning director consistent with the
regulations and standards as identified for various signs in this chapter.
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2. Planned Sign Program. The review and approval of applications for signs
under this program is conducted by the Planning Commission. The
planning commission may exercise discretion to provide additional
flexibility in the application of the regulations of this chapter.
"Sign structure" means the structural supports, uprights and bracing for a sign.
"Special event sign" means a sign used to announce a circus, carnival, festivals or
other similar events.
"Subdivision sign" means a sign containing the name, location or directions to a
builder, developer, and pertinent information about a subdivision for which there is a
properly approved and recorded map and in which homes remain to be constructed
or initially sold.
"Under -canopy sign" means a sign suspended beneath a projecting canopy,
walkway cover, awning, ceiling or marquee.
"Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to
the exterior wall of a building or structure in such a manner that the face of the sign is
approximately parallel to the exterior wall of the building and exposed to the exterior
side of the building. Signs or advertising displays in or on windows are not
considered wall signs.
"Window sign" means any sign painted on or attached to a window or located inside
within a distance equal to the greatest dimension of the window (either width or
height) and designed to be viewed from the outside of the building in which the
window is located. (Ord. 506 § 1, 2013; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.170 WIRELESS TELECOMMUNICATION FACILITIES
9.170.010 Purpose.
The purpose of this chapter is to provide a uniform and comprehensive set of
standards for the development of wireless telecommunication facilities. The
regulations contained herein are intended to protect and promote public health,
safety, and welfare and the aesthetic quality of the city while providing reasonable
opportunities for telecommunication services to provide such services in a safe,
effective and efficient manner. These regulations are intended to address the
following community concerns:
A. To minimize adverse visual effects of towers and accessory buildings
associated with wireless telecommunication facilities through careful
design, siting and vegetative screening;
B. To avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures;
C. To lessen traffic impacts on surrounding residential districts;
D. To maximize use of any new and existing telecommunication tower and to
reduce the number of towers needed;
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E. To ensure radio frequency radiation is in compliance with federal
requirements; and
F. To allow new telecommunication towers in residential areas only if a
comparable site is not available outside residential areas. (Ord. 492 § 1,
2011; Ord. 284 § 1 (Exh. A), 1996)
9.170.020 Definitions.
"Antenna" means any system of wires, poles, rods, panels, reflecting discs or similar
devices used for the transmission or reception of radio frequency electromagnetic
waves when such system is external or attached to the exterior of a structure.
"Building -mounted" means any antenna, or other antenna associated support
equipment resting on the ground, directly attached or affixed to the side of a building,
tank, tower or other structure other than a telecommunication tower.
"Co -location" means the placement of two or more wireless telecommunication
facilities service providers sharing one support structure or building for the location of
their facilities.
"Existing facilities" means an existing structure located in the public right-of-way or
a building with an approved site development permit and/or an existing
telecommunication facility with a previously approved conditional use permit.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communication Commission.
"FCC OET Bulletin 65" refers to the Federal Communication Commission Office of
Engineering and Technology Bulletin 65 entitled "Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields."
"Freestanding towers" include all telecommunication towers used in association
with the mounting and/or placement of antenna and associated equipment.
"General population" means all persons who are not direct family members,
relatives, or employees of the owner or operator of a source of NIER of the owner or
other users of the site of an NIER source.
"Ground -mounted" means an antenna or other antenna associated support
equipment with its support structure placed directly on the ground.
"Hand-held source" means a transmitter normally operated while being held in the
hands of the user.
"Height of antenna above grade or ground" means the vertical distance between
the highest point of the antenna and the finished grade directly below this point.
"Highest calculated NIER level" means the NIER predicted to be highest with all
sources of NIER operating.
"Lattice tower" means a three or more legged open structure designed and erected
to support wireless telecommunication antennas and connecting appurtenances.
"Monopole" means a single pole structure designed and erected to support wireless
telecommunication antennas and connecting appurtenances.
"Roof -mounted" means an antenna directly attached to the roof of an existing
building, water tank, tower or structure other than a telecommunication tower
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"Satellite dish" means any device incorporating a reflective surface that is solid,
open mesh or bar configuration, that is shallow dish, cone, horn, bowl or cornucopia
shaped and is used to transmit and/or receive electromagnetic or radio frequency
communication/signals in a specific directional pattern.
"Shared capacity" means that capacity for shared use whereby a tower can
accommodate multiple users simultaneously. Tower height, antenna weight, design
and the effects of wind are prime determinants of capacity.
"Sole -source emitter" means one or more transmitters only one of which normally
transmits at a given instant.
"Stealth" means improvements or treatments added to a wireless telecommunication
facility which mask or blend the proposed facility into the existing structure or visible
backdrop in such a manner as to minimize its visual impacts, or any design of a
wireless telecommunication facility to achieve same. Stealth designs may utilize, but
does not require, concealment of all components of a facility. Examples of stealthing
include, but are not limited to, the design and construction of a tower so that it is
disguised as a flagpole, tree, palm or sculpture, or the incorporation of colors and
design features of nearby structures.
"Telecommunication tower" means a monopole or lattice tower.
"Wireless telecommunication facility or facilities" means any structure, antenna,
pole, equipment and related improvements, the primary purpose of which is to
support the transmission and/or reception of electromagnetic signals, including, but
not limited to, telecommunication towers.
"Vehicle source" means a transmitter regularly used in vehicles that normally move
about. (Ord. 492 § 1, 2011; Ord. 284 § 1 (Exh. A), 1996)
9.170.030 Permitted locations.
Location Preferences. Location preferences are provided in furtherance of the
purpose of this chapter, as set forth under Section 9.170.010. To the maximum extent
feasible, new telecommunication facilities shall be located according to the following
preferences, with the most preferred sites listed first:
A. Major community facilities (MC), parks and recreation (PR), and industrial
(1) zoning districts;
B. All Commercial zoning districts;
C. Very -low density (VRL), residential low density (RL), medium density
residential (RM), and medium high density residential (RMH) zoning
districts;
D. High density residential (RH); and
E. Open space (OS) and floodplain (FP) zoning districts. (Ord. 492 § 1, 2011)
9.170.040 Applicability.
This chapter shall apply to all wireless telecommunication facilities for the
transmission and/or reception of wireless radio, television, and other
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telecommunication signals including, but not limited to, commercial wireless
communication systems such as cellular and paging systems, except those facilities
defined in this chapter as exempt facilities. (Ord. 492 § 1, 2011)
9.170.050 Exemption.
The following uses are exempt from this chapter but may be regulated by other
sections of the municipal code:
A. Portable hand-held devices and vehicular transmission;
B. Industrial, scientific and medical equipment operating at frequencies
designated for that purpose by the FCC;
C. Government -owned communication facilities used primarily to protect
health, safety and welfare;
D. Facilities operated by providers of emergency medical services, including
hospital, ambulance and medical air transportation services, for use in the
provision of those services;
E. A source of nonionizing electromagnetic radiation with an effective radiated
power of seven watts or less;
F. A sole -source emitter with an average output of one kilowatt or less if used
for amateur purposes, such as CB radios;
G. Goods in storage or shipment or on display for sale, provided the goods
are not operated except for occasional testing or demonstrations;
H. Amateur or "ham" radio equipment;
I. Satellite receiving dishes regulated by Sections 9.60.080 and 9.100.070;
and
J. Any facility specifically exempted under federal or state law. (Ord. 492 § 1,
2011; Ord. 284 § 1 (Exh. A), 1996)
9.170.060 Approval standards.
A. General approval standards for all telecommunication facilities include:
1. Compliance with all federal and state statutes, including, but not limited
to, FCC licensing, NIER levels, and FAA requirements;
2. Addition of the planned equipment to an existing or approved tower
shall not result in NIER levels in excess of those permitted by the FCC;
3. Antennas, equipment, and all ancillary components shall be stealth to
the maximum extent feasible.
B. Telecommunication Tower Provisions.
1. All towers shall incorporate stealth/camouflaged design(s) to the
maximum extent feasible, to avoid adverse visual impacts to the
surrounding properties and the community as a whole.
2. The base of the tower shall comply with the setback standards in the
underlying zoning district, except where additional setbacks under
subsection (B)(7) apply.
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3. Towers shall not be located within primary image corridors as
designated in the general plan.
4. If a telecommunication tower is located adjacent to any of the city's
designated image corridors, as identified in the city's general plan, the
tower's height shall conform to the height limitations as identified in the
city's general plan.
5. All new towers shall be designed at the minimum height functionally
required. No new telecommunication tower shall exceed one hundred
feet in height.
6. The proposed tower shall be designed structurally to accommodate the
maximum number of foreseeable users, including all potential co -
location scenarios.
7. All accessory structures associated with a tower shall comply with the
setback standards in the underlying zoning district.
8. Any guy -wire anchors shall be set back twenty-five feet from any
property lines.
9. Towers shall not be artificially lighted unless required by the FAA or
state aeronautics division.
10. Existing on -site vegetation shall be preserved to the maximum extent
feasible.
C. Roof -Mounted and Building -Mounted Telecommunication Facilities.
1. All building -mounted facilities shall comply with Section 9.100.050 of
the LQMC.
2. Equipment shall not be visible to surrounding properties.
3. All equipment shall blend or architecturally match the existing design of
the building. Elements used to screen roof -mounted or building -
mounted equipment shall not appear as "add -on" elements to the
existing building.
D. Other Facilities. Other facilities are described as those telecommunication
facilities that do not fit the descriptions above. These facilities may include,
but are not limited to, rock features and other wireless telecommunication
facility designs. All telecommunication facilities shall be stealth to the
maximum extent feasible. (Ord. 492 § 1, 2011)
9.170.070 Application.
All new telecommunication facilities shall require a conditional use permit.
Modifications and/or additions to approved existing telecommunication facilities shall
require a minor use permit for Director approval. All modifications and/or additions
shall be reviewed on a case -by -case basis. Upon review of an application for
modification and/or additions to an existing facility, the Director may schedule the
proposal for a hearing with the planning commission. In all cases, unless otherwise
waived by the Director, an application for approval of a wireless telecommunication
facility shall include, at a minimum:
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A. A site plan or plans drawn to scale and identifying the site boundaries;
tower(s); guy wires; existing and proposed facilities; vehicular parking and
access; existing vegetation to be added, retained, removed or replaced;
and uses, structures and land use and zoning designations on the site and
abutting parcels.
B. A plan drawn to scale showing proposed landscaping, including species
type, size, spacing and other features.
C. Photo simulations showing the proposed wireless telecommunication
facility and surrounding features. Photo simulations shall include at least
three different angles of the proposed facility at different distances from the
location, including before and after visualizations.
D. RF maps showing all existing wireless telecommunication facilities within a
ten -mile radius of the proposed facility. The RF maps shall show existing
coverage without the proposed site, predicted coverage with the proposed
site and existing sites, and the predicted coverage of only the proposed
site. RF maps shall show the predicted coverage for indoor, in vehicle, and
outside service.
E. The applicant shall provide a project information and justification letter. The
letter shall provide the project location, contact information, a project
description and project objectives, alternative site analysis and justification
for why the proposed site was chosen over existing sites. The letter shall
include justification for the selected site and a benefits summary on how
the proposed site will improve wireless telecommunication access in the
community.
F. A structural report from a California registered structural engineer. The
report shall provide the following information:
1. Describe the tower and the technical, economic and other reasons for
the tower design;
2. Demonstrate that the tower complies with the applicable structural
standards;
3. Describe the capacity of the tower, including the number and type of
antennas that it can accommodate and the basis for the calculation of
capacity;
4. Show that the tower complies with the capacity requested under
Section 9.170.060; and
5. Demonstrate that the proposed sources of NIER are incompliance with
FCC guidelines.
G. The applicant shall request the FAA, FCC, and state aeronautics division to
provide a written statement that the proposed tower complies with
applicable regulations administered by that agency or that the tower is
exempt from those regulations. If each applicable agency does not provide
a requested statement after the applicant makes a timely, good -faith effort
to obtain it, the application will be accepted for processing. The applicant
shall send any subsequently received agency statements to the Director.
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H. Evidence that the tower complies with Section 9.170.060(A) and a letter of
intent to lease excess space on the tower and excess land on the tower
site except to the extent reduced capacity is required under Section
9.170.060.
I. The applicant shall provide a draft copy of the lease agreement between
the tower operator and the property owner to the Planning Division.
Financial information may be blocked out.
J. A letter of intent, committing the tower owner and his or her successor in
interest to:
1. Respond in a timely, comprehensive manner to any request, required
under Section 9.170.060, for information from a potential shared -use
applicant, the tower owner may charge a party requesting information
under this section to pay a reasonable fee not in excess of the actual
cost of preparing a response.
2. Negotiate in good -faith or shared use by third parties; an owner
generally will negotiate in the order in which requests for information
are received, except an owner generally will negotiate with a party who
has received an FCC license or permit before doing so with other
parties.
3. Allow shared use if an applicant agrees in writing to pay charges and to
comply with conditions described in this section. (Ord. 492 § 1, 2011)
9.170.080 Operations and maintenance.
A. All new telecommunication towers shall be designed within the applicable
American National Standards Institutes (ANSI) standards.
B. No wireless telecommunication facility or combination of facilities shall
produce, at any time, power densities that exceed current FCC adopted
standards for human exposure to RF (Radio Frequency Radiation
Exposure Standards) fields. Failure to comply with FCC Standards will
result in the immediate cessation of operation of the wireless
telecommunication facility.
C. Each telecommunication facility will be subject to a ten-year review by the
planning commission. The review will determine whether or not the
originally approved telecommunication facility and accessory equipment
are still in compliance with the conditions of approval, and that all radio
frequencies are in compliance with FCC OET Bulletin 65. This report shall
be prepared by a qualified licensed engineer.
D. All wireless telecommunication facilities shall be installed and maintained in
compliance with the requirements of the Uniform Building Code, National
Electrical Code, the city's noise ordinance, and other applicable codes, as
well as other restrictions specified in the permit and this section. The facility
operator and the property owner shall be responsible for maintaining the
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facility in good condition, which shall include, but not be limited to, regular
cleaning, painting, and general upkeep and maintenance of the site.
E. All wireless telecommunication facilities and related support equipment
shall be designed to prevent unauthorized persons from accessing and/or
climbing upon any wireless telecommunication facility or appurture thereto.
Fences, walls, and other landscape materials shall be installed to prevent
unauthorized persons from accessing and/or climbing a wireless
telecommunication facility.
F. All wireless telecommunication facility operators are required to notify the
city of La Quinta's Planning Division within sixty days of any change of
ownership of the facility. (Ord. 492 § 1, 2011)
9.170.090 Required findings of approval.
The following findings shall be made by the planning commission and/or Director
prior to approval of any wireless telecommunication facility:
A. Consistency with General Plan. The wireless telecommunication facility is
consistent with the goals, objectives and policies of the general plan;
B. Public Welfare. Approval of the wireless telecommunication facility will not
create conditions materially detrimental to the public health, safety and
general welfare;
C. The proposed wireless telecommunication facility minimizes adverse visual
impacts through careful design and site placement;
D. The proposed wireless telecommunication facility is designed at the
minimal height to achieve the service provides objectives for coverage
within this portion of the community;
E. The proposed wireless telecommunication facility is necessary, as shown
in the applicant's justification letter, to improve community access to
wireless service. (Ord. 492 § 1, 2011)
Chapter 9.180 TRANSPORTATION DEMAND MANAGEMENT
9.180.010 Purpose.
This chapter is intended to protect the public health, safety and welfare by reducing
air pollution, traffic congestion and energy consumption attributable to vehicle trips
and vehicle miles traveled. This chapter meets the requirements of Government
Code Section 65089(b)(3), which requires inclusion of a trip reduction and travel
demand element within a congestion management program (CMP) and Government
Code Section 65089.3(a), which requires adoption and implementation of trip
reduction and travel demand ordinances by local agencies. No building permit
application for any applicable development project shall be accepted, nor shall a
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building permit be issued by the city unless and until a TDM plan has been approved
or an exemption granted pursuant to this chapter. (Ord. 284 § 1 (Exh. A), 1996)
9.180.020 Definitions.
For purposes of this chapter, definitions of the following terms shall apply:
"Alternative transportation modes" mean any mode of travel that serves as an
alternative to the single- occupant vehicle. This includes all forms of ride -sharing
such as carpooling or vanpooling, as well as public transit, bicycling or walking.
"Applicable development" means any new development project or change of use
project that is determined to meet or exceed the employment threshold using the
criteria contained in this chapter. An applicable development also includes
developments which are owned and/or managed as one unit, such as a business
park or shopping center, that also meet or exceed the employment threshold, and
may have one or more employers.
"Bicycle facilities" mean any capital improvements which would benefit an
employee who rides a bicycle to his or her worksite, including shower facilities, locker
facilities, bicycle parking, etc.
"Change of use" means the alteration of the initial use of a facility to another use not
related to the previous use, after the effective date of the ordinance codified in this
chapter, where some discretionary action or approval by the city council and/or the
planning commission is required. (Example: office space changes its use to
commercial space.)
"Developer" means the person or entity which is responsible for the planning,
design and construction of an applicable development project. A developer may be
responsible for implementing this chapter as determined by the property owner.
"Employee" means any person employed by an "employer" as defined in this
section.
"Employer" means any person(s), firm, business, educational institution,
government agency, nonprofit agency or corporation, or other entity which employs
one hundred or more persons at a single worksite within the city, and may either be a
property owner or tenant of an applicable development project.
"Employment generation factors" refers to factors developed for use by the city for
projecting the potential employment of any proposed development project.
"Employment threshold" means the number of employees which an applicable
development or employer must have for this chapter to apply.
"Minimum standards" mean the minimum changes made to establish a
transportation demand management and trip reduction plan at an applicable
development project to a level which satisfies this chapter.
"Mixed -use development" means new development projects that combine two or
more different uses.
"New development project" means any nonresidential project being processed
where some discretionary action or approval by the city council and/or the planning
commission is required.
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"Peak period" means those hours of the business day between seven a.m. and nine
a.m. inclusive, Monday through Friday, which this chapter identifies as the priority
period for reducing work related vehicle trips.
"Property owner" means the legal owner of the applicable development and/or the
owner's designee (e.g., developer).
"Ride -share facilities" mean any capital improvements which would benefit an
employee who rideshares to the worksite, including on -site amenities, preferential
parking and ridesharing drop-off areas at the entrance of the concern.
"Site development plan/permit" means a precise plan of development that may be
subject to public hearing before the city council and/or planning commission including
without limitation a specific plan, conditional use permit public use permit or
subdivision map.
"Transit facilities" mean any capital improvements which would benefit an
employee who uses any form of transit to travel to the worksite, including transit
stops, shelters, bus turnouts, park and ride lots, and other transit amenities.
"Transportation management association" or "TMA" means a voluntary entity of
employers, property owners and other interested parties who share a mutual concern
for local transportation problems and have the ability to collectively pool participants'
resources to address these issues. A TMA must still satisfy the goals established for
individual employers pursuant to this chapter.
"Transportation demand management" or "TDM" means the implementation of
programs, plans or policies designed to encourage changes in individual travel
behavior. TDM can include an emphasis on alternative travel modes to the single -
occupant vehicle such as carpools, vanpools, and transit, reduction or elimination of
the number of vehicle trips, or shifts in the time of vehicle commutes to other than
peak periods.
"Worksite" means a building or grouping of buildings located within the city which
are in physical contact or separated solely by a private or public roadway or other
private right-of-way, and which are owned or operated by the same employer (or by
employers under common control). (Ord. 284 § 1 (Exh. A), 1996)
9.180.030 Applicability.
A. This chapter shall apply to all new nonresidential development projects
and/or change of use projects that are estimated to employ a total of one
hundred or more persons as determined by the methodology outlined in
subsection B of this section.
B. For purposes of determining whether a new development project or change
of use project is subject to this chapter, the total employment figure shall
be determined as follows:
1. Employment projections developed by the project applicant, subject to
approval by the Director; or
2. Employment projections developed by the Director or the director's
designee using the following employee -generation factors by type of
use:
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Land Use Category
Gross Square Feet Per Employee
Retail/commercial
500
Office/professional
250
Industrial/manufacturing
525
Hotel/motel
.8 to 1.2 employees/room
Hospital
300
C. The employment projection for a development of mixed use or multiple
uses shall be calculated based upon the proportion of development
devoted to each type of use. (Ord. 284 § 1 (Exh. A), 1996)
9.180.040 Exemptions
Notwithstanding any other provisions, the following uses and activities shall be
exempt from this chapter:
A. Development projects and change of use projects projected per Section
9.180.030 to employ fewer than one hundred persons;
B. Temporary construction activities on any affected project, including
activities performed by engineers, architects, contract subcontractors and
construction workers;
C. Other temporary activities, as defined in this code or as authorized by the
city when such temporary activities shall discontinue at the end of the
designated time period; and
D. Any employer(s) who have submitted to the city an active approved plan
under the South Coast Air Quality Management District's (SCAQMD)
Regulation XV program requirements (Regulation XV). Notwithstanding
this provision, projects which are exempt under this subsection shall
nevertheless comply with Section 9.180.110 (SCAQMD Compliance). (Ord.
284 § 1 (Exh. A), 1996)
9.180.050 Minimum standards.
A. All applicable new developments and change of use projects shall,
concurrent with application to the city for other permits and/or approvals,
submit a transportation demand management plan ("TDM plan") prepared
by a traffic engineer, transportation planner or other similarly qualified
professional identifying traffic impacts associated with the proposed project
and including design recommendations and mitigation measures
appropriate to address on -site and off -site project impacts. The TDM plan
shall be in the form required by SCAQMD Regulation XV, and shall be
reasonably calculated to achieve an average vehicle occupancy rate
(VOR) of 1.3. The TDM plan shall also indicate specific strategies and
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guidelines to reduce the number of trips and increase the amount of
nonvehicular transportation.
B. All property owners of applicable new developments and change of use
projects shall be subject to required capital improvement standards as
specified in this section. These standards must be individually addressed
to the specific needs and capacity of the applicable development. These
required standards may be used to achieve an average vehicle occupancy
rate (VOR) of 1.3. Property owners of all applicable developments shall
include in their project site development plans provisions to address each
of the following capital improvements:
1. Transit facilities (on -site and off -site);
2. Bicycle facilities; and
3. Rideshare facilities.
C. All property owners of applicable new developments and change of use
developments shall establish "operational standards" within sixty days after
occupancy of the development by an employer. Operational standards
shall consist of standards which employers, TMAs or a managing office of
an applicable development must implement to achieve the goals of
SCAQMD's Regulation XV program.
D. The following options may be included in the property owner's TDM plan to
fulfill both the capital improvement standards and the operational
standards:
1. Alternate work schedules/flex-time: incorporating alternate work
schedules and flex -time programs (such as a nine-day/eight-hour or
four-day/forty-hour work schedule);
2. Telecommuting: establishing telecommuting or work -at-home programs
to allow employees to work at home or at a satellite work center;
3. Bicycle facilities: providing bicycle parking facilities equal to five percent
of the total required automobile parking spaces; and preserve two
percent of the gross floor area for employee locker and shower
facilities;
4. On -site employee housing and shuttles: providing affordable on -site
housing and shuttles to and from residential and work areas;
5. Preferential parking for carpool vehicles;
6. Information center for transportation alternatives;
7. Rideshare vehicle loading areas;
8. Vanpool vehicle accessibility;
9. Bus stop improvements;
10.On-site child daycare facilities;
11.Availability of electrical outlets for recharging of electric vehicles;
12.On-site amenities such as cafeterias and restaurants, automated teller
machines and other services that would eliminate the need for
additional trips;
13.Airport shuttle service to hotels and spas;
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14. Contributions to funds providing regional facilities such as park -and -ride
lots, multimodal transportation centers and transit alternatives in the
area;
15.Incentives for mass transit usage including, without limitation, provision
of a bus pass, additional pay or flex -time;
16. Implementation of increased parking fees or new fees;
17. Restriction of business hours;
18. Restriction of delivery hours;
19. Providing a direct pedestrian path from the closest transit stop into the
facility;
20. Contributing up to one dollar/square foot to a housing subsidy fund so
that affordable housing can be created closer to employer sites;
21. Developing rideshare and shuttle programs at resorts/hotels;
22. Creating a golf cart circulation system;
23.If an applicable development is on a current transit route, providing a
transit stop, shelter, trash barrels, benches, shade and wind protection,
and bus turnouts;
24.If an applicable development is not located on a current transit route,
contributing to a fund which will be used to provide transit amenities;
25. Provisions for the implementation of bicycle lanes; and
26. Providing other creative or innovative strategies to reduce vehicle trips.
(Ord. 284 § 1 (Exh. A), 1996)
9.180.060 TDM application.
A. Every application for a TDM plan approval shall be made in writing to the
Director on the forms provided by the Planning Division, shall be
accompanied by a filing fee as set forth in Chapter 9.260 and shall include
the following information:
1. Name and address of the applicant;
2. The proposed TDM plan;
3. Such additional information as shall be required by the application form.
B. The Director or the director's designee shall inform the applicant within
thirty days of receipt of the application whether the application is complete.
When the application is complete, the director shall take one of the
following actions:
1. If the TDM plan is submitted in conjunction with application(s) for zone
change, general plan amendment, site development plan(s)/permit(s),
submit the TDM plan to the planning commission for its approval if
associated with another development application; or
2. If subsection (13)(1) of this section does not apply, the Director shall
render a decision on the TDM plan in accordance with Section
9.180.070. (Ord. 284 § 1 (Exh. A), 1996)
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9.180.070 TDM review.
A. All applications for approval of TDM plans shall be approved, conditionally
approved or disapproved by action of the Director or planning commission,
whichever is applicable, based upon the standards set forth in this chapter,
within thirty days after the application is found to be complete. A public
hearing shall not be required for any TDM plan application unless it
accompanies another permit application(s) which requires such a hearing.
In this instance, the applicable time limits governing the requested
approvals shall be in effect.
B. The following findings must be made when a TDM plan is approved:
1. The TDM plan conforms to all of the requirements of this chapter, the
city's general plan, applicable specific plans, and with all applicable
requirements of state law and the ordinances of this city.
2. The TDM plan is reasonably calculated to provide a vehicle occupancy
rate of 1.3 for the applicable development. (Ord. 284 § 1 (Exh. A),
1996)
9.180.080 Appeals.
A. Director as Decision -Making Authority. An applicant or other aggrieved
party may appeal the decision of the Director to the planning commission.
Within fifteen calendar days after the date of mailing of the director's
decision, the applicant or aggrieved party may appeal the decision in
writing on forms provided by the Planning Division. Upon receipt of a
completed appeal, the director shall set the matter for hearing before the
planning commission not less than five calendar days nor more than thirty
calendar days thereafter, and shall give written notice of the hearing, by
mail, to the applicant and the appellant. The planning commission shall
render its decision within thirty days following the close of the hearing on
the appeal.
B. Planning Commission as Decision -Making Authority. An applicant or other
aggrieved party may appeal the decision of the planning commission to the
city council. Within fifteen calendar days after the date of mailing of the
planning commission's decision, the applicant or aggrieved party may
appeal the decision in writing on forms provided by the planning
department. Upon receipt of a completed appeal, the city clerk shall set the
matter for hearing before the city council not less than five calendar days
nor more than thirty calendar days thereafter, and shall give written notice
of the hearing, by mail, to the applicant and the appellant. The city council
shall render its decision within thirty days following the close of the hearing
on the appeal. (Ord. 284 § 1 (Exh. A), 1996)
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9.180.090 Review for compliance.
A. Director (or designee) shall review an approved TDM plan for compliance
with this chapter if any complaints of noncompliance are received by the
city. In addition, the Director shall annually review each of the currently
outstanding approved TDM plans for compliance with this chapter. After
review of an approved TDM plan, the Director may require revision or
resubmittal of the plan upon his or her finding that one or more of the
following conditions exist:
1. The property owner is not complying with the TDM plan or the terms
and/or approval conditions of the TDM plan;
2. The TDM plan has failed to comply with SCAQMD requirements and
the goals of this chapter to the level required by the TDM plan or its
approval conditions; or
3. Approval of the TDM plan was obtained by fraud or perjured testimony.
B. In the event that the Director determines that a TDM plan must be
resubmitted, the plan shall be resubmitted in accordance with the
procedures outlined in this chapter as a new submittal and the applicant
shall pay the specified fee for submittal. (Ord. 284 § 1 (Exh. A), 1996)
9.180.100 Enforcement and penalties.
For purposes of ensuring that applicable developments comply with the provisions of
this chapter, the Director shall, following written notice to the property owner of an
applicable development, initiate enforcement action or actions against such property
owner or designee which may include, without limitation, the following:
A. Withholding issuance of a building permit or occupancy permit;
B. Issuance of a stop work order; and/or
C. Any enforcement methods authorized by the municipal code. (Ord. 284 § 1
(Exh. A), 1996)
9.180.110 SCAQMD compliance.
Each property owner who has received approval of a TDM plan or who is exempt
pursuant to Section 9.180.040D shall submit to the Planning Division for review
copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV,
and all approvals, enforcement letters, and other correspondence from SCAQMD
regarding Regulation XV conformance. The Director shall cooperate with the
SCAQMD in enforcement actions initiated either by SCAQMD or the city. (Ord. 284 §
1 (Exh. A), 1996)
Chapter 9.185 RECREATIONAL VEHICLE PARK
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9.185.010 Purpose and intent.
These regulations are intended to provide for development of recreational vehicle
rental parks and ownership/membership parks in a manner which will be compatible
with surrounding properties. This chapter is to define various types of recreational
vehicle parks and recreational vehicle campgrounds, and to provide for their proper
development, as opposed to mobilehome parks, and to provide a reasonable
compatibility with adjoining properties while allowing a diversity of uses. (Ord. 325 § 1
(Exh. A) (part), 1998)
9.185.020 Definitions.
For the purposes of this section, the following definitions shall apply:
"Recreational vehicle" means, as defined by Section 18010 of the California Health
and Safety Code, a motor home, travel trailer, truck camper, or camping trailer, with
or without motor power, designed for human habitation for recreational or emergency
occupancy, which meets all of the following criteria:
1. It contains less than three hundred twenty square feet of internal living room
area, excluding sliders, and built-in equipment, including, but not limited to,
wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
2. It is built on a single chassis;
3. It is either self-propelled, truck -mounted, or permanently towable on the
highways without a permit;
4. It is constructed in accordance with Standard No. A119.2 of the American
National Standards Institute, as may be changed by the regulations of the
state Department of Housing and Community Development.
"Recreational vehicle park" means a recreational development containing active
recreational amenities and lots for the parking of recreational vehicles, as temporary
residences. For the purpose of this code, recreational vehicle parks are further
defined as either:
1. Rental parks, where the recreational vehicle park is owned by a single owner
or organization and all recreational vehicle lots are rented or leased for a
period not exceeding two hundred ten days in any one year;
2. Ownership/membership parks, where the recreational vehicle lots are owned
by individuals, but the park itself and the amenities, including common areas,
are maintained by a homeowner association or other organization in which all
recreational vehicle owners must maintain membership, or in which the
individual lots are owned by an overall membership organization, of which
individual recreational vehicle owners are members, provided in any
circumstances the lots are not occupied for a period exceeding two hundred
ten days in any one year.
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"Recreational vehicle lot" means that part of a recreational vehicle park for the
exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot
shall include the exclusive adjoining parking space and the required open space
around the recreational vehicle. An RV lot may be rented, leased or, if permitted
herein, purchased as a separate parcel of land. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.030 Permitted zone districts.
A recreational vehicle park is permitted in the CR and CT districts by an approved
conditional use permit. Such a use is not permitted in any other district. (Ord. 325 § 1
(Exh. A) (part), 1998)
9.185.040 Applicability.
The following uses are permitted in all parks subject to the provisions of this chapter:
A. Placement of recreational vehicles for nonpermanent residency. Note per
city definition a recreational vehicle does not include mobilehomes;
B. Permanent residency for manager or other employees in the operation of
the park in a detached single-family residence;
C. Delicatessen, RV accessories, snack bar and food store, provided this use
is fully contained in a social or recreation center at least one hundred feet
from any property line of the recreational vehicle park, and serving only
park guests;
D. Similar uses: The planning commission may, by the conditional use permit
approval process, permit any other uses which it may determine to be
similar to those listed above, operated exclusively for the convenience of
recreational vehicle park residents, and not more detrimental to the public
health, safety and welfare, or to other uses permitted in the park, as
provided in this code. All uses shall be subject to the property development
standards contained herein. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.050 Occupancy.
A. Rental parks: The length of occupancy in a recreational vehicle in any one
lot shall not exceed two hundred ten days in any one year.
B. Ownership/membership parks: The length of occupancy in a recreational
vehicle in any one lot shall not exceed two hundred ten days in any one
year.
C. As to subsections A and B of this section, the limitation upon total number
of days of occupancy shall apply to any particular recreational vehicle or
park trailer, wherever it may be located within the recreational vehicle park.
No single recreational vehicle or park trailer shall be permitted to be
occupied more than the specified number of days in any one recreational
vehicle park in any one year. If the length of occupancy does not exceed
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thirty days, transient occupancy tax will be required in accordance with
Chapter 3.24.
D. "Year" for the purpose of this section shall include any period of three
hundred sixty-five consecutive days. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.060 Prohibited uses.
A. Permanent Residency. Except for park management and maintenance
personnel, there shall be no permanent residency in a recreational vehicle
park, nor shall any recreational vehicle or park trailer be occupied in any
such park by any person or combination or succession of persons totaling
more than the number of days specified for that type of park in Section
9.185.050.
B. Nonresidential Uses. Except as otherwise expressly provided herein, no
part of the park shall be used in any way, directly or indirectly, for any
business, commercial, manufacturing, mercantile, storing, vending or
similar purpose or any other purpose unrelated to a recreational vehicle
park.
C. Propane. The on -site sale of propane is prohibited, except from a mobile
commercially -licensed vendor. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.070 Accessory structures.
A. General. The following structures and their uses are permitted in all
recreational vehicle parks:
1. One single-family residence for the owner or manager of a recreational
vehicle park. The minimum lot area requirement for this residence shall
be six thousand square feet. The residence may include office space
for use in connection with the park operation;
2. Social and recreational center, provided such center is at least one
hundred feet from any property line of the recreational vehicle park;
3. Private recreation facilities for the use of the occupants of the park and
their guests, such as swimming pool, putting greens and shuffleboard
courts;
4. Common laundry facilities provided there is no dry cleaning equipment
or outdoor laundry drying;
5. Common shower, bath, and locker room facilities. Not permitted on
recreational vehicle lot as separate structure;
6. Structures to assist the handicapped.
B. Rental parks: No additional accessory structures permitted.
C. Ownership/membership parks: Storage structures provided that:
1. The storage structure does not exceed dimensions of ten feet in width,
nine feet in depth and seven feet in height;
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2. The storage structures within a given park are similar in design, style,
quality and building materials to other such structures or approved
theme designs in the park;
3. The storage structures are located within the rear half of the RV lot;
4. There is a maximum of one storage structure per recreational vehicle
lot. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.080 Prohibited accessory structures.
The following structures are prohibited within all recreational vehicle lots:
A. Any enclosed habitable buildings;
B. Garages and carports;
C. Fences;
D. Curbing for landscape areas and other decorative curbing or containers
greater than six inches in height;
E. Freestanding individual mailboxes. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.090 Coverage.
The maximum coverage shall be sixty percent for a recreational vehicle lot. For the
purpose of this section, coverage shall include the area of the recreational vehicle,
patio cover, and storage shed. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.100 Density.
The maximum net density in the various permitted recreational vehicle parks is as
follows:
A. Rental Parks. The number of recreation vehicle lots shall not exceed fifteen
per acre.
B. Ownership/Membership Parks. The number of recreational vehicle lots
shall not exceed twelve per acre. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.110 Area of parks and lots.
A. Park Area. Each recreational vehicle park shall have a minimum of ten
acres measured from the property lines of the park.
B. Rental Park. Minimum area of recreational vehicle lot shall be two
thousand square feet.
C. Ownership/Membership Park. Minimum area of recreational vehicle lot
shall be one thousand five hundred square feet. (Ord. 325 § 1 (Exh. A)
(part), 1998)
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9.185.120 Frontage of parks and lots.
A. Park Frontage. Each recreational vehicle park shall have a minimum
frontage on a public street of three hundred feet.
B. Lot Frontage. The frontage of a recreational vehicle lot shall be a minimum
of forty feet on an interior roadway. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.130 Setbacks and yards.
A. Setbacks for Park. Setbacks in which no recreational vehicle lot or
structures are to be located.
B. Setbacks. No recreational vehicle or structure may be placed within ten
feet of a roadway, exterior side yard or rear lot line or within five feet of the
interior side lot line.
C. Separations. The minimum distance between any recreational vehicle or
park trailer and any other recreational vehicle or park trailer shall be ten
feet. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.140 Landscaping.
A. Park Yards. All required yards within a recreational vehicle park shall be
fully landscaped and irrigated. No required parking or vehicular
maneuvering areas shall be permitted in required yards, except entry roads
crossing through said yards.
B. All common open areas except for natural areas shall be landscaped and
irrigated.
C. Each recreational vehicle lot shall contain at least two hundred square feet
of outdoor patio area containing at least one evergreen tree to provide a
shade canopy. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.150 Common recreation area.
A. Common recreation area shall be required for all recreational vehicle
parks. The recreation area may contain social halls, swimming pools, game
courts, open areas, etc. Open areas may be either designed for active or
passive recreation, provided that the slope of the land does not exceed a
gradient of ten percent. Grades above ten percent shall be common area,
but not counted as recreation area. The minimum amounts of common
recreation area shall be provided as follows:
1. Rental parks: two hundred square feet per recreational vehicle lot;
2. Ownership/membership parks: three hundred square feet per
recreational vehicle lot.
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B. The common recreation area shall be for the use of the entire park and
shall not be partitioned in any manner for the sole use of any person or
group of persons. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.160 Screening.
Screening shall be provided as required in Section 9.100.050. (Ord. 325 § 1 (Exh. A)
(part), 1998)
9.185.170 Lighting.
Exterior lighting shall comply with provisions of Section 9.100.150. (Ord. 325 § 1
(Exh. A) (part), 1998)
9.185.180 Improvement of lots.
All recreational vehicle lots shall contain concrete cement paved areas for automobile
parking, outdoor patio and for the parking of the recreational vehicle, provided that no
more than seventy percent of each lot is covered with nonpermeable material. (Ord.
325 § 1 (Exh. A) (part), 1998)
9.185.190 Automobile parking.
Parking shall comply with provisions of Chapter 9.150. (Ord. 325 § 1 (Exh. A) (part),
1998)
9.185.200 Driveways and roads.
A. Driveways. Driveway to the park shall have a minimum width of thirty-two
feet and have a clear and unobstructed access to a public street. The
driveway shall be at least one hundred feet in length from the street curb
line and shall have no access to recreational vehicle lots or roadways. No
vehicular parking shall be permitted within the driveway unless specifically
designated for parking pursuant to city -approved plans.
B. Roads.
1. Each recreational vehicle lot shall front on a road. No recreational
vehicle lot shall take access from a public street, alley or driveways.
2. No vehicular parking shall be permitted within the road unless
specifically designated for parking pursuant to city -approved plans.
(Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.210 Outdoor storage.
No construction or flammable material, or vehicle other than a recreational vehicle
shall be stored within a recreational vehicle lot, road, or common areas except in
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special storage areas. Storage areas shall be screened by an opaque living hedge or
masonry wall not less than five feet in height and shall be clearly designated on the
approved plans. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.220 Trash removal.
A trash removal plan for the recreational vehicle park shall be submitted at the time of
application. This plan must include the type of trash collection facilities; location, size
and number of trash receptacles; and frequency of removal. Trash collection areas
shall be fully screened and inaccessible to animals. (Ord. 325 § 1 (Exh. A) (part),
1998)
9.185.230 Utilities.
A. Electrical Service. Only one power supply connection shall be made to a
recreational vehicle. Electric power supply equipment shall be located on
the rear half of the recreational vehicle lot.
B. Water Service. Each lot shall be served by a domestic water supply
system.
C. Sewer Service. Recreational vehicle parks shall be connected to sanitary
sewerage facilities. Each lot shall be serviced to the system by a three-inch
riser with "P" trap and basin designed to prevent spillage from
contaminating the ground area.
D. Undergrounding. All utilities shall be underground.
E. Fire Hydrants. Hydrants shall be installed as required by the city engineer.
(Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.240 Movement of recreational vehicles.
A. Wheels and/or similar devices shall not be removed from recreational
vehicles, nor shall any fixture be added or barrier be placed which will
prevent the recreational vehicle or park trailer from being moved under its
own power or by a passenger vehicle.
B. Skirting is permitted provided it can easily be removed and there are
proper openings for ventilation. (Ord. 325 § 1 (Exh. A) (part), 1998)
9.185.250 Subdivision of lots.
Subdivision to create recreational vehicle lots for sale or long-term lease is permitted
within ownership/membership recreational vehicle parks subject to all applicable
codes. (Ord. 325 § 1 (Exh. A) (part), 1998)
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9.185.260 Conflict s with zoning district requirements.
Where the provisions of this chapter are in conflict with any other provision of the
zoning code, the provisions of this chapter shall govern. Where the provisions of the
chapter are silent on a matter, other provisions of the zoning code shall govern. (Ord.
325 § 1 (Exh. A) (part), 1998)
Chapter 9.190 TRANSFER OF DEVELOPMENT RIGHTS
9.190.010 Purpose.
A. All transfers of development rights or credits shall follow the definitions,
procedures, timing, and documentation presented in this chapter, and shall
observe the restrictions and guidelines presented in other enabling
sections, such as Section 9.140.040 (Hillside conservation regulations),
and others which may be from time to time adopted enabling transfers of
development rights or credits.
B. The purpose of this chapter is to provide the process by which
development rights or credits may be transferred from donor parcels to
receiving parcels such as in open space land use designations to enable it
to be preserved as open space, and other purposes which may be adopted
in other enabling legislation. Such transfers of development rights or
credits may be within the same property, or may take place from one
property to another by means of sale.
C. Transfers shall take place under the guidance of the city and shall be
documented by means of recordation. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.190.020 Definitions.
For the purposes of this chapter and this code, certain words and terms shall be
defined as follows:
"Density bonuses" means transferred development rights or credits shall not be
counted in the basis for density bonuses granted for providing for affordable housing.
The order in which bonuses and transferred rights or credits are applied shall be as
follows:
1. The base density ranges as per the general plan;
2. Density bonuses applied for providing affordable housing (up to thirty
percent of the base density alone);
3. Density bonuses for good design or special amenities (up to ten percent of
the base density alone);
4. Transferred densities added to the final figure of any density bonuses.
Transferred densities shall not become a part of the base on which
bonuses are figured;
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5. In no case shall the sum of all density bonus and transferred densities (if all
are maximized) exceed sixty percent of the base density in the general
plan.
"Development right" or "development credit" means a potential entitlement
created by a land use designation and, by adoption of a zoning category, applying to
a parcel of land, to construct one dwelling unit per a given number of square feet or
per a given number of acres, which can only be exercised when the development
right or credit has been transferred pursuant to the provisions of this chapter and the
enabling section, from a donor parcel to a receiving parcel, and all other
requirements of law are fulfilled.
"Documentation" means the requirements for city approval, recordation and notice
to the city of such recordation, following example language specified in Section
9.190.050.
"Donor parcel" means a parcel from which all potential entitlements for residential
development are transferred (by means of sale or transfer to another parcel) and
thereby extinguished. A subdivision shall be required to separate developable from
undevelopable portions of the parcel.
"Enabling section" means a section of Title 9 of this code which creates and further
specifies and limits the transfer of development rights or credits, such as Section
9.140.040 (Hillside Conservation Regulations).
"Fractions" means development rights or credits may be transferred as a fraction
carried to the second decimal place, rounded up or down to the second place
following the rule of the third decimal being zero through four, rounded down; five
through nine rounded up to the next digit in the second decimal place. When applied
to the receiving parcel, the number of credits (carried to the second decimal place)
will be spread across the acreage of the receiving parcel and will be translated into
an increment of additional development entitlements carried to two decimal places
per acre.
"Receiving parcel" means a parcel to which potential entitlements for residential
development are transferred, up to the limits of the enabling sections, and exist in
addition to any potential entitlements created by general plan land use designation
and density specification and in addition to any zoning which applies to the parcel.
"Timing" means the time limits as specified in Section 9.190.040. (Ord. 325 § 1
(Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.190.030 Procedures.
A. The enabling section shall specify by class the donor parcels and the
receiving parcels, the number of residential development rights or credits
which can be transferred per square footage or per acre; and the limits of
development rights or credits which can be transferred to any one parcel
B. The donor parcels, from which development rights are being removed
must:
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1. Remove all development rights or credits at the same time (residual
development rights or credits cannot be left on the property);
2. Be mappable; according to the Subdivision Map Act requirements, i.e.,
a legal description and a total acreage will be required to be recorded.
3. Record a document which acknowledges that all development rights or
credits for the described parcel have been extinguished and that no
further residential development can occur on the parcel.
C. The receiving parcel, to which development rights or credits are being
transferred, must:
1. Be mappable; according to the Subdivision Map Act requirements, i.e.,
a legal description and a total acreage will be required to be recorded;
2. Record a document of affixture (or attachment) which has been attested
to by the city clerk of the city, tying the transferred development rights
or credits to a specific parcel, in perpetuity, following the sense of the
example of language contained in Section 9.190.050.
D. This document of transfer and affixture must be recorded. Evidence of the
recordation must be supplied to the city clerk of the city within thirty days of
the date of attestation by the city clerk.
E. The city clerk shall only attest to a transfer of development rights or credits
upon receipt of written authorization from the city manager. The city
manager shall only authorize such transfer after receiving a report from the
planning and development department containing a recommendation and a
synopsis of the engineering report from the public works director.
F. If a property consists of both undevelopable and developable portions, the
applicant may apply for the subdivision of the parcel to allow transfer of
rights from the undevelopable portion to the developable portion. (Ord. 284
§ 1 (Exh. A) (part), 1996)
9.190.040 Timing.
A. A condition of approval of the development rights transfer shall specify the
donor and receiving parcels subject to the transfer which shall be recorded
no later than ninety days from the date of council approval.
B. In the event that a parcel of hillside land (with development rights still
attached) is granted, bequeathed, sold, transferred, given or otherwise
becomes the property of a not -for -profit land trust, conservancy, or public
agency, the receiving entity shall have an unlimited period from the date of
receipt in which to dispose of the development rights by sale or other
means. When development rights are transferred to a specific receiving
parcel, the ninety day time limit shall apply as in subsection A of this
section. (Ord. 284 § 1 (Exh. A) (part), 1996)
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9.190.050 Documentation.
A. There shall be recorded for the donor parcel a document having the sense
of the following:
1. A legal description and a total acreage of the parcel or portion of the
parcel.
2. The total number of development rights or credits being removed from
the property.
3. An acknowledgment that no further residential development rights or
credits shall accrue to the parcel in perpetuity.
4. The assessor's parcel number of the parcel to which the development
rights or credits are being transferred.
5. An attestation by the city clerk of the city (dated).
6. The signature, name and address of the owner of the parcel.
B. There shall be recorded for the receiving parcel a document having the
sense of the following:
1. "In addition to the number of dwellings units on this parcel APN (legal
description and total acreage attached as Exhibit A) which may be
permitted by the City of La Quinta by virtue of the General Plan Land
Use and Density Designations, this parcel shall be permitted (number)
of additional dwelling units per acre which have been transferred to this
parcel pursuant to Chapter 9.146 of the Municipal Code, Transfer of
Development Rights."
2. "These additional dwelling units are hereby affixed to this parcel APN
and may not be further transferred, sold, traded, or otherwise removed
from this parcel, except by the purchase by the City of La Quinta or
other public agency authorized by the City."
3. The assessor's parcel number(s) of the donor parcel(s) from which the
development rights or credits have been removed and transferred and
affixed to this parcel.
4. The signature of the city clerk of the city affixed below attests to the
legitimate transfer of these development rights to this property as
described in Exhibit A, attached to the ordinance codified in this chapter
and on file in the office of the city clerk. (Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.200 GENERAL PERMITTING PROCEDURES
9.200.010 Development review process.
A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for
processing development review applications and the criteria and conditions
necessary so that an appropriate decision may be made by the city on
each such application.
B. Applicable State Law. It is intended that the provisions of this chapter shall
be consistent and in full compliance with Section 65920 et seq., and other
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applicable sections of the State Government Code and that such
provisions shall be so construed.
C. Persons Who May File Applications. An application for a permit or other
action under Chapters 9.200 through 9.260 may be submitted only by a
property owner of the subject property, by an agent with notarized written
authorization from the property owner, or by a public agency.
D. Application Filing. Applications shall be filed with the planning department
on forms prescribed by the director, together with: (1) all maps, plans,
documents and other materials required by the director, and (2) all required
fees per Chapter 9.260. The director shall provide the necessary forms
plus written filing instructions specifying all materials and fees required to
any requesting person at no charge.
E. Legal Actions. Any action or proceeding to challenge, attack, review, set
aside, void or annul any discretionary action described in this chapter shall
be governed by the applicable provisions of the State Planning and Zoning
Law (Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A),
1996)
F. Projects located in the vicinity of an airport. Any project proposed on a site
located within either the Land Use Plan or the noise contours of either the
Bermuda Dunes or the Jacqueline Cochran airports shall be submitted to
the Riverside County Airport Land Use Commission for review prior to
review and approval by the City reviewing authority.
9.200.015 Preliminary Review.
Any potential project applicant has the option to file a preliminary review (PR) to
ascertain anticipated conditions, requirements and costs associated with a proposal.
This allows the applicant to be informed of any potentially significant issues which
may affect any decision to pursue the project. This process offers the following
advantages:
1. Provides a comprehensive overview of city applications, fees, and other
requirements necessary to obtain project approval, in writing;
2. Provides previous project background which can speed up the formal approval
process when the project is submitted;
3. The written information can be used as the basis for an estimate of project
costs, in order to determine a project's viability.
Submittal for this process shall include completion of an application and
supplemental documentation as determined by the Director.
Within thirty calendar days of receipt of a preliminary development plan application, a
review letter shall be issued to the applicant, incorporating all comments received
during the review period.
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9.200.020 Authority.
A. Decision -Making Authority. Table 9-23 specifies the decision -making
authority for each of the various actions described in this code. An "A,"
"PH" or "CC" means that the official or body at the top of the column has
decision -making authority for the application. An "A" means that the
application is reviewed administratively without a public hearing. A "PH"
means that a public hearing is required before action is taken. An "R(PH)"
means that the planning commission is responsible for holding a public
hearing and forwarding a recommendation to the city council. A "CC"
means that the city council is responsible for considering the site
development permit as a consent calendar item.
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Table 9-23 Discretionary Review Authority
PH = Decision -making body (public hearing required)
R(PH) = Recommending body (public hearing required)
A = Administrative review by director (no public hearing)
Type of Application
Decision-
aking Authority
Staff
Planning
Commission
City
Council
General plan amendment
R PH
PH
Zoning code amendment
R PH
PH
Zone change
R PH
PH
Specific plan
R PH
PH
Development agreement
R PH
PH
Variance
PH
Conditional use permit
PH
Site development permit (not within scope
of LQMC 9.210.010.D2
PH
Site development permit***
A
PH
Minor use permit
A*
Minor adjustment
A*
Temporary use permit
A*
Home occupation permit
A**
Sign permit
A*
Sign program
PH
Subdivisions
Per city subdivision code
Substantial Compliance Review
A*
Environmental review
Per city environmental review
procedures
" By Director
** By director of building and safety
***Subject to the provisions of 9.210.010.
****Also see Title 13, Subdivisions.
B. Administrative Action. Actions to be taken administratively per Table 9-23
are those which are relatively minor in nature and with relatively little
potential for adverse impacts on the surrounding community or the
environment. A public hearing or public notification is not required for
administrative actions, although the director may notify residents or
property owners near the subject property if the director determines on a
case -by -case basis that the public interest would be served by such
notification.
C. Public Hearings. Public hearings shall be noticed and held in accordance
with Section 9.200.110 for those applications shown in Table 9-23 as
requiring a hearing. (Ord. 425 § 1, 2006: Ord. 284 § 1 (Exh. A), 1996)
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9.200.030 Combined applications.
At the discretion of the director, applications for different types of actions may be
combined and processed concurrently so long as all applicable processing
requirements and all required findings are satisfied. The following rules shall apply to
such combined applications:
A. When an application requiring a public hearing is combined with one not
requiring a public hearing, the combined application shall require a public
hearing.
B. The final decision on the combined application shall be made by the
highest applicable decision -making authority pursuant to Table 9-23. For
example, the decision on an application combining a zone change and a
conditional use permit shall be made by the city council.
C. The applicable fee(s) shall be collected in accordance with Chapter 9.260.
(Ord. 284 § 1 (Exh. A), 1996)
9.200.040 General permit provisions.
A. Applicability of Permits to Property. All rights granted by the approval of a
development review permit remain with the affected property and all
entitlements, conditions and requirements of a discretionary permit are
passed on to the new property owner when there is a change of ownership.
B. Enforceability of Permit Provisions. All conditions, requirements and
standards specified either in writing or graphically as part of any approval
granted by authority of this chapter shall have the same force and effect as
this zoning code. Any land use or development established as a result of
an approval which is not in compliance with all such conditions,
requirements or standards shall be in violation of this chapter, and the
enforcement provisions of the municipal code shall be applicable. (Ord.
284 § 1 (Exh. A), 1996)
9.200.050 Permit applications.
A. Acceptance of Applications as Complete. Within thirty days of receipt of a
permit application, the director shall determine whether the application is
complete and shall transmit such determination to the applicant. If the
application is determined not to be complete, the director shall specify in
writing those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete.
B. Preparation of Environmental Documents. When it is determined that an
environmental impact report or a negative declaration is required for a
proposal, the application for that proposal shall not be deemed complete
until the applicant has deposited with the Planning Division sufficient funds
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to pay for the cost of completion of the environmental impact report or
negative declaration. The director shall determine the amount of funds
required to be deposited for the preparation of an environmental impact
report or negative declaration and shall advise the applicant of that amount
within ten days after the application is filed. (Ord. 284 § 1 (Exh. A), 1996)
9.200.060 Action by decision -making authority.
A. Possible Actions. The decision -making authority may take one of the
following actions on each application:
1. Approval. Simple approval of an application means that no conditions or
requirements other than those specified by the application are imposed.
After the action's effective date defined in subsection C of this section
and after approval of any required plan revisions per subsection D of
this section, the proposed land use or development may be established
in compliance with all applicable regulations and the approved project
plans and specifications.
2. Approval with Conditions. Any application may be approved subject to
compliance with conditions. Conditions may require dedication of land,
installation of improvements, the posting of financial security to
guarantee performance, design modifications or other conditions
necessary to achieve the objectives of the general plan and this zoning
code. After the action's effective date as defined in subsection C of this
section and after approval of any required plan revisions per subsection
D of this section, the proposed land use or development may be
established in compliance with all applicable regulations, the approved
project plans and specifications, and the requirements of the conditions
of approval.
3. Denial. When a conditional use permit or site development permit
application has been denied, an application for the same or a similar
use on the same property shall not thereafter be accepted for a period
of one year from the date of final determination, except that the
decision -making authority may specify that this time limitation shall not
apply. This time limitation on resubmittal of applications is not
applicable to other discretionary permits.
4. Withdrawal. With the concurrence of or at the request of the applicant,
any application may be withdrawn. When an application is withdrawn,
such action is effective immediately and is not subject to appeal.
Thereafter, such application shall be null and void and the property
shall have the same status as if no application had been filed.
B. Action in Writing. The decision on each application, including any required
findings and any other reasons that serve to explain the determination plus
all conditions of approval shall be in writing. A copy of the written
determination shall be forwarded to the applicant following the date of final
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determination and shall be made available at cost to any person requesting
such a copy.
C. Effective Date. The determination of the decision -making authority by
resolution shall be effective immediately unless appealed. Ordinances shall
be effective 30 days after second reading unless adopted as an urgency or
emergency ordinance as shall be effective as authorized under law.
D. Tie Votes.
1. Development Review Applications. If action on a development review
application results in a tie vote by the decision -making authority, such
vote shall constitute a lost motion.
2. Appeals. When all members of a decision -making authority are present,
a tie vote on whether to grant an appeal shall be considered a denial of
the appeal. The original action shall then stand unless the decision -
making authority takes other action to further consider the matter. If a
tie vote occurs when less than all members of the decision -making
authority are present, the matter shall automatically be continued to the
next regular meeting unless otherwise ordered by the decision -making
authority.
E. Use of More Restrictive Standards. In conjunction with approval of a
development review permit, the decision -making authority may impose
more restrictive site development standards than set forth in this code in
order to make the required findings for each type of permit as specified in
Chapter 9.210. (Ord. 284 § 1 (Exh. A), 1996)
9.200.070 Time limits on processing applications.
A. Development review applications shall be processed within the time limits
specified in Chapter 4.5 of the State Planning and Zoning Law
(Government Code Section 65920 et seq.). Time periods specified in
Section 9.200.120 regarding actions on appeals shall be in addition to the
preceding Government Code time limits.
B. Incomplete Application Sunset Provisions. All applications which remain
incomplete or inactive for a minimum six-month period shall have a written
thirty -day warning notification forwarded to the applicant by means of
certified mail or similar method. If no action is taken by the applicant
regarding the application within thirty days thereafter, the application shall
automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1
(Exh. A), 1996)
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9.200.080 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a development review permit
shall begin on the permits effective date as set forth in Section 9.200.060.
The period of validity shall run pursuant to subsection C of this section.
B. Establishment. A development review permit shall be deemed established
if the following actions occur within twenty-four months of the effective date
of the approval or within such other time period designated by the
approval:
1. In the case of a development review permit where ministerial permits
are required, such permits have been issued. In circumstances where a
certificate of occupancy is required, such certificate has been issued.
2. In the case of a development review permit where no ministerial permits
are required, the use authorized by the permit has been established. In
circumstances where a certificate of occupancy is required, such
certificate has been issued.
C. Expiration. A development review permit shall expire and be of no further
force or effect if:
1. The permit is not established within twenty-four months of the permits
effective date or such other time period designated by the permit
approval, by state law or by this code; or
2. After establishment, the use or activity for which the permit was
approved is discontinued or abandoned for a period of one year.
3. If a project initiated construction but only a portion of the project was
occupied, the construction of the project may resume without further
discretionary review only if a building or use is operational.
D. Time Extensions.
1. Upon application before expiration of the period of validity, the original
decision -making authority may grant an extension to the period of
validity for up to two years if it finds that such an extension is justified by
the circumstances of the project. 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). Development Review Permits can be extended no more
than twice.
2. Projects not requiring a time extension may be constructed in
accordance with the requirements and standards in effect at the time of
permit approval provided the construction complies with all project
conditions of approval and all laws in effect at the time of the permit
approval. However, any project or permit requiring a time extension
shall conform to the requirements and standards in effect at the time
the extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A),
1996)
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E. Amendments to development review permits.
1. Content of Amendments. Permit amendments are required for
substantial revisions to conditions of approval, alterations to approved
plans which are more substantial than the modifications provided for in
Section 9.200.090 new or additional land uses, or similar major
changes.
2. Procedures. A development review permit may be amended any
number of times by the approval of a subsequent application. All permit
amendments shall be for the same parcel or property for which a
development review permit was previously approved. Amendments
shall be filed prior to the expiration of the previously approved permit in
compliance with the same filing procedures and payment of the fee
required for an amendment. Amendments shall be processed in the
same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998;
Ord. 284 § 1 (Exh. A), 1996)
9.200.090 Modifications by applicant.
A. Plan Modifications by Applicant. Site development permit plans modified at
the initiative of the applicant from those approved by the decision -making
authority may be submitted to the director.
B. Procedures. If the director determines that the proposed plan modification
is minor, will not result in a significant change in the project approved by
the decision -making authority, and complies with the spirit and intent of the
original approving action, the director may approve the modified plan
without further compliance with this section. If the director determines that
the plan modification may result in a significant change in the project, the
director shall refer the change to the original decision -making authority.
C. Criteria. Modifications by applicant shall permit minor changes to an
existing or approved site development permit. The following criteria
constitute minor changes that shall be deemed eligible for modification by
applicant consideration:
1. Changes in building square footage not to exceed ten percent from the
original approval that have been determined to not result in a significant
architectural, aesthetic, or visual impact to the existing project and
require additional parking;
2. Changes, additions, or adjustments to windows, window locations, or
window treatments;
3. Changes, substitutions, or adjustments to building materials, roofing
materials, screening materials, lighting fixtures, or paving;
4. Changes, additions, or substitutions to approved landscaping, including
site of grading plans;
5. Minor adjustments, substitutions, or additions to architectural features
such as pilasters, canopies, trellises, shade structures, overhangs,
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eaves, parapets, cornices, or portions of roof structures that do not
result in a significant effect on the overall aesthetic or architectural style
of the building;
6. Changes, substitutions, or adjustments to the approved color palette or
material colors.
7. Changes in residential model design.
D. Ineligibility. Modifications by applicant which have been determined by the
Director, planning commission, or city council to exceed these standards or
constitute a significant change shall require application and approval of an
amended site development permit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh.
A), 1996)
9.200.100 Public hearings.
A. Applicable State Law. Public hearings required for development review
actions shall be carried out in accordance with the procedures set forth in
this section. It is intended that the provisions of this section shall be fully
consistent and in full compliance with Section 65090 et seq., of the State
Government Code and that such provisions shall be so construed.
B. Failure to Receive Notice. Pursuant to State Government Code Section
65093, the failure of any person to receive notice shall not constitute
grounds for any court to invalidate the action of the decision -making
authority.
C. Conduct of Hearings. Public hearings shall be noticed in accordance with
subsection D of this section and then held by the decision -making authority
prior to action on the relevant application. At the public hearing, the
decision -making authority may take action on the application, continue the
application to a specified date, or take the application under submission.
An application taken under submission may later be taken out of
submission for the purpose of taking action on the application without
scheduling a new public hearing provided no additional testimony is heard
and no further evidence is presented. Further testimony may be heard and
further evidence may be presented regarding an application taken under
submission only if a new public hearing is held in compliance with this
section.
D. Noticing Requirements. Not less than ten days prior to hearing. The city
shall:
1. Mail or deliver a public notice, which includes the date, time and place
of the hearing, the application number, the applicants name, the
location of the property affected, and a description of the land use,
development or other action proposed, to:
a. The owner of the subject real property,
b. The owners authorized agent, if any,
c. The project applicant,
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d. Each local agency expected to provide water, sewage, street, roads,
schools or other essential facilities or services to the project,
e. All owners of real property as shown on the last equalized
assessment roll within five hundred feet of the subject real property.
If the number of owners to whom notice would be mailed is greater
than one thousand, the city may instead place a display
advertisement of at least one -eighth page in a newspaper of general
circulation; and
2. Publish a legal notice in a newspaper of general circulation or post a
notice at two public places in the city and one place at the subject site.
E. Additional Notice. The Director may require that additional notice be given
by enlarging the notification radius or by other means determined by the
director.
F. Other Notice. The city shall also provide any other notice required by law.
(Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A),
1996)
9.200.110 Appeals.
For purposes of this section, the "board of appeals" shall be the planning
commission for decisions appealed to the planning commission and shall be
the city council for decisions appealed to the city council.
A. Persons Who May Appeal. Any interested person may appeal a decision of
the director or the Planning Commission regarding the action taken on a
development review permit application for a development project upon
submittal of the required documents and information and the payment of
the required fee.
B. Call -Up Review. The board of appeals (either the planning commission or
city council), on its own motion adopted by a majority vote of its total
membership, may elect to call up and review any decision of the director or
the planning commission regarding the action taken on a development
review permit application. The planning commission's or city council's Gall-
up review shall be processed in accordance with this section
C. Appeal Procedures.
1. Time Limits for Filing Appeals.
a. All appeals, except call-up reviews pursuant to Subdivision C,
shall be filed with the director within fifteen calendar days of the date on
which the decision being appealed was rendered. If the fifteenth day is
a nonworking day for the city, the appeal period shall be extended to
include the next city working day. No appeal shall be accepted after the
appeal period has expired.
b. A request for call-up review pursuant to Subdivision C shall be initiated
by a member of a board of appeals (either the planning commission or
city council) delivering written request for call-up review to the city
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manager or his/her designee within fifteen calendar days of the date on
which the decision of the director or the planning commission (as
applicable) was rendered. Upon timely receipt of the request for call-up
review, the city manager or his/her designee shall schedule as an
agenda item at the next regular meeting of the board of appeals, on
which the member calling up review is seated, the question whether an
appeal shall be considered for the decision subject to call-up review. If
the next regular meeting of the board of appeals is cancelled, the city
manager or his/her designee shall reschedule the question whether an
appeal shall be considered at the next regular meeting that is not
cancelled. No appeal may be heard on a decision subject to call-up
review unless a majority of the membership of the board of appeals
votes to approve the consideration of the appeal. The board of appeals
shall consider the appeal that was subject to call-up review not later
than forty-five days after the board of appeals votes to approve
consideration of the appeal. An appeal may be heard and decided at
the same meeting at which the majority of the membership voted to
approve the call-up review, provided no applicable law would be
violated if the hearing of an appeal occurs at the same meeting. A
member of the city council may initiate the call-up review process for a
director's decision on a development review permit, without the need for
review of that decision by the planning commission, in which case an
appeal of the decision subject to call-up review may be considered
directly by the city council if a majority of the membership of the city
council vote to approve the consideration of the appeal pursuant to this
section.
2. Required Documents. Each appeal, except for call-up reviews, shall be
in writing and shall include all grounds for the appeal and sufficient
information so as to make it clear to the planning commission or city
council the substance of each of the grounds for appeal. The director
may require that the written appeal be accompanied by such other
documents and information that the director determines to be
necessary to adequately explain and provide proper notification for the
appeal. No appeal shall be accepted if it fails to contain the grounds for
the appeal and the description of the grounds.
3. Forwarding of Records. When an appeal has been received, the
director shall forward to the planning commission or city council all
documents and information on file pertinent to the appeal together with
the minutes or official action of the decision -making authority and a
report on the basis of the decision.
4. Public Hearing Requirements. If the original approving action did not
require a public hearing, the appeal review shall not require a public
hearing. If the original approving action required a public hearing, the
appeal review shall also require a public hearing. Notice and scheduling
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requirements for an appeal hearing shall be the same as those for an
original hearing as described in Section 9.200.110.
5. Issues to be Considered. The planning commission or city council may
refuse to consider any issues which were not raised by the appellant or
another person either by verbal testimony or written correspondence
made at or before the time the decision -making authority took action.
When reviewing a decision -making authority's decision via its own Gall-
up review, the planning commission or city council may raise and
consider any issue it deems appropriate to the project application.
6. Action on Appeal. Not later than forty-five days after an appeal has
been received and accepted by the director, the planning commission
or city council shall consider the appeal and take one of the following
actions:
a. Take action to sustain, reverse or modify the original decision. If an
original decision to approve a project is modified, the planning
commission or city council may modify permitted land uses, place
additional or different conditions of approval on the project, direct
that revisions be made to project plans, or require other project
modifications.
b. Continue the appeal for further consideration.
c. Refer the application back to the original decision -making authority
with directions.
7. Majority Vote. Action by the planning commission or city council to
reverse or modify an appealed decision shall require a majority vote of
appeal board members present. If there is a tie vote, the original
decision shall stand. (Ord. 284 § 1 (Exh. A), 1996)
9.200.130 Permit revocation.
A. Grounds for Revocation. Any development review permit may be revoked
by the decision -making authority or the city council pursuant to the
provisions of this section on any of the following grounds:
1. Such approval was based on inaccurate or misleading information.
2. One or more of the conditions upon which such approval was granted
or extended have been violated.
3. A change in conditions occurring after the original grant of the approval
or the continuation of the use as approved is contrary to public health,
safety or general welfare, or is detrimental or incompatible with other
permitted uses in the vicinity.
4. The findings which were the basis for the original permit approval can
no longer be made.
5. Other grounds as set forth elsewhere in this code such as, but not
limited to, those for sexually oriented businesses.
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B. Procedure. Prior to any action on revocation, the decision -making authority
shall hold a public hearing noticed and held in accordance with Section
9.200.110, except that the permittee shall be given not less than fifteen
days' notice. The notice shall state the causes for which the revocation is
to be considered.
C. Action of Decision -Making Authority. Following the hearing, the decision -
making authority may revoke the permit or revoke the permit subject to
reinstatement upon compliance with the conditions of the original permit.
D. Amortization. If a revocation of any permit is ordered, the decision -making
authority may at the same time provide for a reasonable period of time to
amortize any lawful existing uses on the site. Extensions of this time period
may be granted for good cause shown on later application to the decision -
making authority by any affected person.
E. Appeal. Any action by the decision -making authority pursuant to this
section may be appealed as set forth in Section 9.200.110.
F. New Decision -Making Authority. If the decision -making authority which
granted a permit is no longer in existence or no longer issues such permits,
the authority which would issue such permit at the time revocation is to be
considered shall be the decision -making authority as that term is used in
this section. (Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.210 DEVELOPMENT REVIEW PERMITS
9.210.010 Site Development Permits.
A. Terminology. For purposes of this code, site, architectural, lighting and
preliminary landscape plans, related development plans, and sign
programs are included within the term site development permit.
B. Purpose. The purpose of a site development permit is to ensure that the
development and design standards of this zoning code, including, but not
limited to, permitted uses, development standards and supplemental
regulations are satisfied. The site development permit process provides a
means of achieving this purpose through city review of detailed plans for
proposed development projects. Therefore, all development authorized
under a site development permit and any land uses associated with the
development shall be in compliance with the plans, specifications and
conditions of approval shown on and/or attached to the approved permit.
C. Applicability. A site development permit is required for all projects which
involve building construction except the following:
1. Individual single-family houses and alterations to single-family houses
or associated accessory structures, unless a site development permit is
otherwise required by an applicable provision of this code or permit
condition of approval.
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2. Temporary uses (requires temporary use permit per Section
9.210.050).
D. Decision -Making Authority. Site development permits shall be processed
as follows:
1. The director shall be the decision making authority for the following
projects:
a. New office or commercial buildings no more than 10,000 square feet
that are not part of an approved master commercial development or
specific plan.
b. New building construction or remodeling (single and multiple family
residential, office, commercial and/or institutional) and landscape
plans within an approved specific plan.
c. New buildings on vacant pads within an approved commercial
development.
d. New single family models and landscaping plans in an approved
tentative tract map.
2. The planning commission shall be the decision making authority for the
following projects:
a. New office or commercial buildings of more than 10,000 square feet
that are not part of an approved master commercial development or
specific plan.
b. New multi -family buildings and landscaping no part of an approved
specific plan.
c. New Mixed Use buildings and landscaping plans.
E. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the
general plan.
2. Consistency with Zoning Code. The project 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. Architectural Design. The architectural design of the project, including,
but not limited to, the architectural style, scale, building mass, materials,
colors, architectural details, roof style and other architectural elements
are compatible with surrounding development and with the quality of
design prevalent in the city.
5. Site Design. The site design of the project, including, but not limited to,
project entries, interior circulation, pedestrian and bicycle access,
pedestrian amenities, screening of equipment and trash enclosures,
exterior lighting, and other site design elements are compatible with
surrounding development and with the quality of design prevalent in the
city.
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6. Landscape Design. Project landscaping, including, but not limited to,
the location, type, size, color, texture and coverage of plant materials,
has been designed so as to provide visual relief, complement buildings,
visually emphasize prominent design elements and vistas, screen
undesirable views, provide a harmonious transition between adjacent
land uses and between development and open space, and provide an
overall unifying influence to enhance the visual continuity of the project.
F. Appeals. Appeals to decisions on -site development permits shall be
reviewed pursuant to Section 9.200.120.
G. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit shall be pursuant to Section
9.200.080. E
H. Amendments. Amendments to site development permits shall be
processed pursuant to Section 9.200.100.
I. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the site development permit.
(Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
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 9.200.110.
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.
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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 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development 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.
9.210 025 Minor use permits
A. Purpose. The purpose of a minor use permit is to provide for individual
approval or denial of land uses requiring such permits under this code.
B. Definitions. See Chapter 9.280.
C. Applicability. A minor use permit is required for all land uses identified in this
code as requiring such permits.
D. Decision -Making Authority. Minor use permits shall be processed
administratively by the Director pursuant to Section 9.200.020.
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 minor 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.
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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 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment or
time extension of a minor 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.
9.210.030 Variances.
A. Purpose. The purpose of a variance is to provide for deviations from
applicable standards of this zoning code such as the development
standards set forth in Chapter 9.50 and 9.90. Therefore, any development
or other activity 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.
B. Applicability. A variance is required for any development which is not
consistent with applicable site development standards or other regulations
of this code and which is not eligible for consideration as a minor
adjustment pursuant to Section 9.210.040.
C. Decision -Making Authority. Variances shall be reviewed by the planning
commission in conjunction with a public hearing held pursuant to Section
9.200.110.
D. Conditions of Approval. If a variance is approved, conditions may be
placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of a variance:
1. Consistency with General Plan. The variance is consistent with the
general plan.
2. Consistency with Zoning Code. The variance is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the variance
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.
5. Special Circumstances. There are special circumstances applicable to
the subject property, including size, shape, topography, location or
surroundings, which, when the zoning regulations are strictly applied,
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deprive the property of privileges enjoyed by other properties in the
vicinity subject to the same zoning regulations. The special
circumstances shall be specified in the adopted finding.
6. Preservation of Property Rights. The granting of the variance is
necessary for the preservation of a substantial property right possessed
by other property in the same vicinity and zoning district and otherwise
denied to the subject property.
7. No Special Privileges. The variance's required conditions of approval
assure that the adjustment authorized will not constitute a grant of
special privileges which are inconsistent with the limitations placed
upon other properties in the vicinity subject to the same zoning
regulations.
8. No Land Use Variance. The approval does not authorize a land use or
activity which is not permitted in the applicable zoning district.
F. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit shall be pursuant to Section
9.200.080.
G. Amendments. Amendments to variance permits shall be processed
pursuant to Section 9.200.080
H. Staff Certification of Construction Documents. If development is provided
for under the variance, prior to issuance of a building permit the director
shall certify that final construction documents conform to preliminary plans
(schematic elevations, preliminary site and landscape plans, etc.) approved
as part of the variance. (Ord. 284 § 1 (Exh. A), 1996)
9.210.040 Minor adjustments.
A. Purpose. The purpose of a minor adjustment permit is to provide for minor
deviations from certain specific development standards set forth in this
code.
B. Definition. See Chapter 9.280.
C. Applicability. A minor adjustment permit may be approved only for
deviations of up to ten percent of a numerical development standard (for
example, a reduction of one foot from a ten -foot setback requirement); for
an approved or proposed map; approved or proposed development permit
review; single family home building permit. Other deviations shall require
consideration of a variance pursuant to Section 9.210.030. Up to three
adjustments per lot shall be allowed.
D. Decision -Making Authority. Minor adjustments shall be reviewed
administratively by the director pursuant to Section 9.200.020 unless
combined with another application which requires discretionary review by
the planning commission or city council pursuant to Section 9.200.030 and
9.200.090.B.
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E. Conditions of Approval. If a minor adjustment is approved, conditions may
be placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
F. Precise Development Plan. Any 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.
G. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any minor adjustment permit:
1. Consistency with General Plan. The project is consistent with the
general plan.
2. Consistency with Zoning Code. The project 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.
H. Appeals. Appeals to decisions on minor adjustments shall be reviewed
pursuant to Section 9.200.120.
I. Expiration and Time Extensions. The minor adjustment will expire at the
same time as the primary building or planning permit.
J. Amendments to Minor Adjustment Permits. Amendments to minor
adjustments shall be processed pursuant to Section 9.200.100.
K. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1
(Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
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.
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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. (Ord. 284 § 1 (Exh. A), 1996)
9.210.060 Home occupation permits.
A. Purpose. The purpose of a home occupation permit is to regulate certain
incidental and accessory home enterprises in residential neighborhoods
under conditions that will ensure their compatibility with the neighborhood.
Regulations for home occupations are set forth in Section 9.60.110.
B. Applicability. A home occupation permit is required for home occupations
conducted within a residence which are accessory to the main residential
use of the dwelling and which are permitted pursuant to Section 9.60.110.
C. Decision -Making Authority. Home occupation permits shall be reviewed
administratively by the Director pursuant to Section 9.60.110.
D. Conditions of Approval. If a home occupation is approved, conditions may
be placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. Compliance with Permit. Any use or activity authorized under a home
occupation permit shall be in compliance with the specifications and
conditions of approval shown on and/or attached to the approved permit.
Failure to comply with such specifications and conditions of approval may
result in revocation of the permit.
F. Required Findings. Findings required for approval of a home occupation
permit shall be deemed to have been made if the director of building and
safety determines that the standards set forth in Section 9.60.110 for home
occupations have been or will be satisfied. These standards consist of the
following:
G. The establishment and conduct of a home occupation shall be an
incidental and accessory use and shall not change the principal character
or use of the dwelling unit involved.
H. Only residents of the dwelling unit may be engaged in the home
occupation.
I. A home occupation shall be conducted only within the enclosed living area
of the dwelling unit or within the garage provided no garage space required
for off-street parking is used. The home occupation shall not occupy more
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than twenty-five percent of the combined floor area of the house and
garage.
J. A home occupation shall not be conducted within a detached accessory
structure, although materials may be stored in such a structure.
K. There shall be no signs, outdoor storage, parked vehicles or other exterior
evidence of the conduct of the home occupation. Neither the dwelling nor
the lot shall be altered in appearance so that it appears other than a
residence, either by color, materials, construction, lighting, sounds,
vibrations or other characteristics.
L. Electrical or mechanical equipment which creates interference in radio,
television or telephone receivers or causes fluctuations in line voltage
outside the dwelling unit shall be prohibited.
M. The home occupation shall not create dust, noise or odors in excess of that
normally associated with residential use.
N. No sales activity shall be conducted from the dwelling except for mail order
sales. The dwelling unit shall not be the point of customer pickup or
delivery of products or services, nor shall a table 9-1\
O. create greater vehicular or pedestrian traffic than normal for the district in
which it is located.
P. Medical, dental or similar occupations in which patients are seen in the
home are prohibited.
Q. All conditions attached to the home occupation permit shall be fully
complied with at all times. (Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.220 ZONE CHANGES MAP AND CODE AMENDMENTS
9.220.010 Zone map changes and prezoning.
A. Purpose. A zone map change is a legislative action by the city council to
change the zone designation of a property or properties on the official
zoning map. A prezoning is the zoning of property outside the citys
boundaries in anticipation of annexation into the city. For purposes of this
code, prezonings are included within the term "zone change."
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65853 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
2. The city council by a majority vote;
3. The planning commission by a majority vote; or
4. The Director.
D. Review Procedures.
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1. Zone changes shall be approved, approved with modifications or
denied by ordinance of the city council after receipt of testimony at a
public hearing held pursuant to Section 9.200.110.
2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation to the
council.
3. If the council contemplates a modification to the application not
previously considered by the planning commission, the proposed
modification may be referred to the planning commission for report back
to council. A public hearing shall not be required for such planning
commission review.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any zone map change:
1. Consistency with General Plan. The zone map change is consistent
with the goals, objectives and policies of the general plan.
2. Public Welfare. Approval of the zone map change will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. Land Use Compatibility. The new zoning is compatible with the zoning
on adjacent properties.
4. Property Suitability. The new zoning is suitable and appropriate for the
subject property.
5. Change in Circumstances. Approval of the zone map change is
warranted because the situation and the general conditions of the
property have substantially changed since the existing zoning was
imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
9.220.020 Zoning text amendments.
A. Purpose. A zoning code amendment is a development review action by the
city council to change the text and/or graphics within this zoning code.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65853 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply. A code amendment may be initiated by:
1. The city council;
2. The planning commission by a majority vote; or
3. The Director;
4. An interested party.
D. Review Procedures. Text amendments shall be reviewed under the same
procedures as zone map changes as set forth in Section 9.220.010.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any text amendment:
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1. Consistency with General Plan. The code amendment is consistent with
the goals, objectives and policies of the general plan.
2. Public Welfare. Approval of the code amendment will not create
conditions materially detrimental to the public health, safety and general
welfare. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.230 GENERAL PLAN AMENDMENTS
9.230.010 Application and referral.
A. Purpose. A general plan amendment is a legislative action by the city
council to change the text of the general plan or any map or diagram of the
general plan.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65350 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
2. The city council by a majority vote;
3. The planning commission by a majority vote; or
4. The Director.
5. An interested party.
D. Referral of Proposed Amendments. Proposed general plan amendments
shall be referred to the persons and agencies as specified in Section
65352 of the State Government Code.
E. Frequency of General Plan Amendment.
1. General Plan elements specified as mandatory in the State
Government Code may be amended pursuant to city council Resolution
2000-77. Each amendment may include more than one change to the
general plan.
2. The limitation on frequency of amendments to the general plan set forth
in subsection (E)(1) of this section does not apply to residential
development projects with at least twenty-five percent of the dwelling
units to be occupied by persons or families of low or moderate income.
(Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
F. Review Procedures.
1. General plan amendments shall be approved, approved with
modifications or denied by resolution of the city council after receipt of
testimony at a public hearing held pursuant to Section 9.200.110.
Approval or approval with modifications shall require an affirmative vote
of a majority of the total membership of the council.
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2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation with
findings to the council.
3. If the council contemplates a modification to the application not
previously considered by the planning commission, the proposed
modification may be referred to the commission for report back to the
council. A public hearing shall not be required for such commission
review.
G. Required Findings. The following findings shall be made by the city council
prior to the approval of a general plan amendment:
1. Internal General Plan Consistency. The amendment is internally
consistent with those goals, objectives and policies of the general plan
which are not being amended.
2. Public Welfare. Approval of the amendment will not create conditions
materially detrimental to the public health, safety and general welfare.
3. General Plan Compatibility. In the case of amendments to the general
plan policy diagram, the new designation is compatible with the
designations on adjacent properties.
4. Property Suitability. In the case of amendments to the general plan
policy diagram, the new designation is suitable and appropriate for the
subject property.
5. Change in Circumstances. In the case of amendments to the general
plan policy diagram, approval of the amendment is warranted because
the situation and the general conditions of the property have
substantially changed since the existing designation was imposed.
(Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.240 SPECIFIC PLANS
9.240.010 Specific plan review.
A. Purpose. A specific plan is a detailed plan covering a selected area of the
city for the purpose of implementation of the general plan.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65450 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply. A specific plan or specific plan amendment application
may be initiated by:
1. The city council
2. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
3. The planning commission by a majority vote; or
4. The Director.
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D. Review Procedures. Specific plans shall be prepared, adopted and
amended in the same manner as the general plan, except that a specific
plan may be adopted either by resolution or ordinance.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any specific plan or specific plan amendment:
1. Consistency with General Plan. The plan or amendment is consistent
with the goals, objectives, and policies of the general plan.
2. Public Welfare. Approval of the plan or amendment will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. Land Use Compatibility. The specific plan is compatible with zoning on
adjacent properties.
4. Property Suitability. The specific plan is suitable and appropriate for the
subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A),
1996)
F. Substantial Conformance. The Director shall determine substantial
conformance in approved Specific Plans.
G. Waiver of Amendments. The Director has the authority to waive the need
for a Specific Plan amendment under the following circumstances:
1. when changes to the land use allocation are less than 5%,
2. when the off -site circulation pattern and turning movements will not be
altered by the proposed change,
3. when the change is considered minor in nature and does not conflict
with the purpose and intent of the Specific Plan, or
4. when no new land use is proposed.
H. Density Transfers. Density transfers may occur in Specific Plans when
common area amenities and open space are provided beyond that
required by Code.
Chapter 9.250 OTHER ACTIONS
9.250.010 Environmental review.
A. Definition. See Chapter 9.280.
B. Procedures. All discretionary applications shall be evaluated in compliance
with CEQA the CEQA Guidelines, and the city's environmental review
procedures to determine the proposals potential impacts. (Ord. 284 § 1
(Exh. A) (part), 1996)
9.250.020 Development agreements.
A. Purpose. A development agreement is a legislative action by the city
council to provide certainty in the review and approval of development
projects in order to make maximum efficient utilization of resources at the
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least economic cost to the public, strengthen the public planning process,
encourage private participation in comprehensive planning, reduce the
economic costs of development, and provide for public facilities and
infrastructure. Development agreements shall be prepared, reviewed,
adopted, and maintained in accordance with the provisions of this section.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65864 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Review Procedures.
1. Application Forms. The director shall prescribe the form of each
application, notice and document provided for or required under this
chapter for the preparation, processing and implementation of
development agreements. The application shall include as separate
documents by reference, the following information:
a. Duration of the agreement;
b. The permitted uses of the property;
c. The density or intensity of use of the property;
d. The maximum height and size of proposed buildings;
e. Provisions for reservation of dedication of land for public purposes;
f. Fiscal impact statement to include revenue generated to the city and
benefits received by the developer;
g. Phasing and project completion date;
h. Consistency with the general plan and any applicable specific plan.
In addition to the above, the director may require an applicant for a
development agreement to submit such other information and
supporting data as the director deems necessary to process the
application.
2. Fees. The city council shall establish and from time to time amend by
resolution a schedule of fees imposed for the filing and processing of
each application and documentation required by this chapter. The fee
may be waived in whole or in part by the city council for affordable
housing that is in conformance with the general plan.
3. Who May Apply. An application for a development agreement may only
be filed by a person who has a legal or equitable interest in the real
property for which a development agreement is sought or the
authorized representative of such person.
4. Proposed Form of Agreement. Each application shall be accompanied
by draft development agreement in form which is mutually agreed upon
by the applicant and the city at a pre -proposal meeting. This
requirement may be met by using the city's standard development
agreement form and including specific proposals for changes in or
additions to the language of the standard form.
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5. Review and Filing of Application. The director shall endorse on the
application the date it is received. The director shall review the
application and determine if additional requirements are necessary to
complete the agreement. The application may be rejected if it is not
completed in the manner required by these rules. After receiving the
required information, the director shall prepare a staff report. The staff
report shall analyze the proposed development agreement and shall
contain a recommendation as to whether or not the development
agreement proposed or in an amended form would be consistent with
the general plan or any applicable specific plan. Before processing the
application the director shall obtain the opinion of the city attorney as to
sufficiency of the applicant's interest in the real property to enter into
agreement.
6. Notice of Intention. Upon completion of the staff report required by
subsection C5 of this section, in addition to any other notice required by
law, the director shall give notice of intention to consider adoption of a
development agreement. The notice shall contain:
a. The time and place of the public hearing;
b. A general explanation of the development agreement, including a
general description of the property proposed to be developed;
c. Other information that the director considers necessary or desirable.
7. Manner of Giving Notice. All notices required by these rules shall be
processed in the manner provided in Section 9.200.110 of this code.
8. Hearing and Recommendation of planning commission. The planning
commission shall hold a public hearing on the proposed development
agreement at the time and place specified in the notice of intention. The
planning commission shall make its recommendation to the city council
in writing within thirty days of the date set for the public hearing. The
recommendation shall include whether or not the proposed
development agreement:
a. Is consistent with the objectives, policies, general land uses and
programs specified in the general plan and any applicable specific
plan;
b. Is compatible with the uses authorized in and the regulations
prescribed for the land use district in which the real property is
located;
c. Is in conformity with the public necessity, public convenience,
general welfare and good land use practices;
d. Will be detrimental to the health, safety and general welfare;
e. Will adversely affect the orderly development of property or the
preservation of property values;
f. Will have a positive fiscal impact on the city.
9. Hearing by city council. After the recommendation of the planning
commission or after the expiration of the time period specified in
subsection C8 of this section, the director shall give notice of a public
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hearing before the city council in the manner provided for in
subsections C6 and 7 of this section.
10. Decision by city council.
a. After it completes the public hearing and considers the
recommendation, if any, of the planning commission, the city council
may accept, modify or disapprove the proposed development
agreement. It may, but need not, refer the matters not previously
considered by the planning commission during its hearing back to
the planning commission for report and recommendation. The
planning commission shall not be required to hold a public hearing
on matters referred back to it by the city council.
b. The development agreement may not be approved unless the city
council finds that the development agreement is consistent with the
general plan and any applicable specific plan.
11. Approval of Development Agreement. The development agreement
shall be approved by the adoption of an ordinance. Upon the adoption
of the ordinance, the city shall enter into the development agreement by
the execution thereof by the city manager.
12. Amendment and Cancellation.
a. Either the city or the applicant or successor in interest thereto may
propose an amendment or cancellation in whole or in part of the
development agreement.
b. The procedure for proposing and approving an amendment to or
cancellation in whole or in part of the development agreement shall
be the same as the procedure for entering into a development
agreement.
c. Notwithstanding the foregoing, a proposed amendment to a
development agreement to delete certain real property from the
terms and conditions of the agreement and sell such property to a
public entity considered by the planning commission without a
noticed public hearing so long as the planning commission holds a
properly noticed public hearing in connection with a proposed
general plan amendment and/or zone change for such property.
Upon consideration of the proposed amendment and written
recommendation to the city council by the planning commission, the
city council shall hold a properly noticed public hearing and consider
the amendment in accordance with the same procedure for entering
into a development agreement.
d. Except as expressly set forth herein, each and every provision of
this section concerning the procedures for processing and approval
of development agreements remains in full force and effect.
e. Except as provided for in subsection C14c of this section, the
development agreement may only be amended or canceled in whole
or in part by the mutual consent of all parties to the development
agreement.
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13. Recordation.
a. No later than ten days after the city enters into the development
agreement, the city clerk shall record with the county recorder a
copy of the development agreement.
b. If the parties to the agreement or their successors in interest amend
or cancel the agreement, or if the city terminates or modifies the
agreement for failure of the applicant to comply in good faith with the
terms or conditions of the agreement, the city clerk shall cause
notice of such action to be recorded with the county recorder.
14. Periodic Review.
a. The city council shall review the development agreement at least
every twelve months from the date the development agreement is
entered into until expiration of the term of the agreement.
b. The director shall give the applicant or successor in interest thereto
at least thirty days' advance notice of the time at which the city
council will review the development agreement.
c. The city council may refer the matter to the planning commission for
further proceedings or for a report and recommendation.
d. The applicant or successor in interest thereto shall demonstrate
good faith compliance with the terms of the development
agreement.
e. If, as a result of such periodic review, the city council finds and
determines, on the basis of substantial evidence, that the applicant
or successor in interest thereto has not complied in good faith with
the terms or conditions of the development agreement, the city
council may commence proceedings to enforce, modify or terminate
the development agreement.
15. Modification or Termination.
a. If, upon a finding under subsection C14e of this section, the city
council determines to proceed with modification or termination of the
development agreement, the city council shall give notice to the
applicant or successor in interest thereto of its intention to do so.
The notice shall contain the time and place of the hearing.
b. At the time set for the hearing on the modification or termination, the
city council may refer the matter back to the planning commission
for further proceedings or for report and recommendation. The
decision of the city council shall be final. (Ord. 284 § 1 (Exh. A)
(part), 1996)
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Chapter 9.260 FEES
9.260.010 Administration of fees.
A. Filing Fees. A filing fee to defray the cost of processing and notification for
each application for a discretionary permit or other discretionary action
shall be paid by the property owner or the owner's authorized agent at the
time the application is accepted. Such fees shall be set by resolution of the
city council.
B. Refunds. Whenever an application for a change of zone or for a permit or
variance that requires a public hearing is terminated for any reason, upon
request of the applicant a refund of a percentage of fees paid may be
made by the Director in accordance with the following schedule. If any
portion of the application fee has been paid out by the city to another
jurisdiction or agency for services to be rendered in connection with the
application, no refund of that portion of the fee shall be made.
1.
Application accepted by the Planning Division, fee not receipted
100%
2.
Application accepted and fee receipted by department, but no
processing begun
90%
3.
Application processed, but public hearing not advertised or noticed
50%
.
Public hearing advertised or noticed but hearing not held
20%
5.
Public hearing held by planning commission
0%
C. Exemptions for Nonprofit Organizations. Nonprofit organizations are
exempt from paying the fees charged for the processing of a special event
application per Chapters 9.60 or 9.100. For the purposes of this section,
"nonprofit organization" means a corporation, association or other
organization which is exempt from taxation under Section 501(C)(3) of the
Internal Revenue Code and Section 23701(d) of the California Revenue
and Taxation Code, and which has received determination letters from the
United States Internal Revenue Service and the California Franchise Tax
Board confirming its exempt status under such sections. (Ord. 284 § 1
(Exh. A) (part), 1996)
Chapter 9.270 NONCONFORMITIES
9.270.010 Purpose.
The purpose of this chapter is to promote the public health, safety and general
welfare by regulating land uses, lots and structures which were lawfully established
but which do not conform to the provisions of this zoning code. This chapter is further
intended to prevent the expansion of nonconforming uses and structures to the
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maximum extent feasible, to establish the criteria under which they may be
continued, and to provide for the correction or removal of such nonconformities in an
equitable and reasonable manner. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.270.020 Definitions.
For the purposes of this chapter and this code, certain words and terms shall be
defined as follows:
1. "Nonconformity" means a land use, lot or structure which was lawful
when established or constructed but, due to subsequent ordinance
changes, is not in conformance with this zoning code. The term
"nonconformity" does not include illegal uses, lots, or structures which
were not lawful when established or constructed.
2. "Nonconforming use" means a land use which was lawful and in
conformance with the applicable zoning ordinances when established
but which, due to subsequent ordinance changes, is not currently
permitted in the zoning district in which it is located or is permitted only
upon the approval of a use permit and no use permit has been
approved.
3. "Nonconforming lot" means a lot or parcel which was lawful and in
conformance with the applicable zoning ordinances when established
but which, due to subsequent ordinance changes, does not conform to
the current development standards applicable to the zoning district in
which it is located.
4. "Nonconforming structure" means a structure which was lawful and in
conformance with the applicable zoning ordinances when constructed
but which, due to subsequent ordinance changes, does not conform to
the current development standards applicable to the zoning district in
which it is located.
5. "Intensity" means the level of development or activity associated with a
land use, as measured by one or more of the following:
a. The amount of parking required for the use per Chapter 9.150.
b. The operational characteristics of the use such as hours of
operation, the inclusion of dancing or live entertainment as part of
the use, or similar characteristics.
c. The floor area occupied by the use.
d. The percentage of the building site occupied by the use or by the
structure containing the use. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.270.030 Nonconforming uses.
A. Continuation of Nonconforming Use. A nonconforming use may be
continued subject to the restrictions of this section.
B. Discontinued Nonconforming Uses. If the nonconforming use is
discontinued for a period of one year, it shall not be reestablished and any
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new use of the premises shall conform to the applicable district regulations
of this code.
C. Intensification of Nonconforming Uses.
1. A nonconforming nonresidential use shall not be increased in intensity.
2. A nonconforming residential use may be increased in intensity provided
the intensification will not create or increase any nonconformity relating
to setback, height or any other development standard. (For example, a
"granny flat" may be added to a single-family detached dwelling in a
district permitting only attached homes provided there is no new
setback or other encroachment and all requirements pertaining to
creation of second dwelling units are met.)
D. Restoration of Nonconforming Use. A nonconforming use occupying a
structure which is damaged or destroyed by fire, explosion, earthquake or
other disaster may be reestablished provided:
1. Restoration of the structure will not create or increase any
nonconformity relating to setback, height, or any other development
standard; and
2. Application for a building permit is submitted within one year of the
damage or destruction and construction is commenced and completed
under that permit without any lapses of or extensions to the permit.
E. Change of Ownership. Changes in ownership, tenancy, proprietorship or
management of a nonconforming use shall not affect its nonconforming
status provided that the use or the intensity of use does not change. (Ord.
284 § 1 (Exh. A) (part), 1996)
9.270.040 Nonconforming lots.
Legally established nonconforming lots may be developed and used in accordance
with this code provided all code requirements other than those relating to the lot's
conformity are met. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.270.050 Nonconforming structures.
A. Continuation of Nonconforming Structure. A nonconforming structure may
be continued and maintained subject to the restrictions of this section.
B. Maintenance and Repairs. Ordinary maintenance and repairs may be
made to all nonconforming structures, such as painting, patching, window
repair, reroofing, residing, replastering and replacement of incidental
nonstructural elements.
C. Structural Alterations. Interior or exterior structural alterations may be
made to nonconforming structures provided the alterations do not increase
the degree or extent of the structure's nonconformity nor create any new
nonconformities.
D. Damage or Destruction.
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1. Residential and Nonresidential Structures. A nonconforming structure
which is damaged or partially destroyed by fire, explosion, earthquake,
or other disaster to the extent of fifty percent or more of the
replacement cost of the structure, as determined by the director, shall
not be restored except in conformity with all development standards
and other regulations of this zoning code.
2. Determination of Replacement Cost. In determining the replacement
cost of a structure, the director may utilize city building permit records,
contractor estimates, assessed valuation, and any other information
deemed by the director to be reflective of replacement cost.
3. Residential Structures. A nonconforming residential structure which is
destroyed or damaged to any extent by fire, explosion, earthquake or
other disaster may be restored.
E. Safety of Structures. Nothing in this section shall be construed to prevent
the strengthening or restoration to a safe condition of any structure
declared to be unsafe by an officer of the city charged with protecting the
public safety upon order of such officer. (Ord. 325 § 1 (Exh. A) (part), 1998;
Ord. 284 § 1 (Exh. A) (part), 1996)
9.270.060 Nonconforming parking and signs.
Refer to Section 9.150.100 for provisions regarding nonconforming parking and
Section 9.160.110 for provisions regarding nonconforming signs. (Ord. 284 § 1 (Exh.
A) (part), 1996)
9.270.070 Plans previously approved.
Uses, tentative subdivision lots, tentative parcel map lots and structures approved
prior to the effective date of this zoning code which are nonconforming under this
code may nevertheless be established, recorded or constructed in accordance with
approved plans or maps provided all other applicable laws and regulations are
satisfied. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.270.080 Illegal uses and structures.
Nothing in this chapter shall be construed so as to allow for the continuation of illegal
land uses or structures, i.e., uses or structures which did not comply with the zoning
ordinance(s) in effect when they were established. Such illegal uses or structures
shall be subject to the enforcement provisions of the municipal code and shall be
removed immediately. (Ord. 284 § 1 (Exh. A) (part), 1996)
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Chapter 9.280 DEFINITIONS
9.280.010 Purpose and applicability.
This chapter shall be known as the zoning code definitions. The purpose of these
provisions is to promote consistency and precision in the interpretation of this code.
The meaning and construction of words and phrases as set forth shall apply
throughout this code except where the context of such words or phrases clearly
indicates a different meaning or construction. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.280.020 Use of terms.
A. Rules for Construction of Language. The following general rules of
construction shall apply to the textual provisions of this code:
1. The specific shall supersede the general.
2. The word "shall" is mandatory. The word "may" is discretionary. The
word "should" identifies a regulation or design guideline which must be
followed in the absence of compelling opposing considerations
identified by the city decision -making authority.
3. In the case of any difference of meanings or implication between the
text regarding a provision of the code and any title, heading, caption or
illustration, the text shall control.
4. Unless the context clearly indicates otherwise, words used in the
present tense include the future, words used in the singular include the
plural, and words used in the plural include the singular.
5. Unless the context clearly indicates otherwise, certain conjunctions
shall be interpreted as follows:
a. "And" indicates that all connected items or provisions shall apply.
b. "Or" indicates that the connected items or provisions may apply
singly or in any combination.
c. "Either ... or" indicates that the connected items or provisions shall
apply, but not in combination.
6. Unless otherwise indicated, all public officials, bodies and agencies to
which reference is made are those of the city of La Quinta.
B. Time Periods. The use of the term "days" to describe a specific time period
does not include the day the action was taken but does include all
subsequent days unless the last day falls upon a Saturday, Sunday, or a
legal city holiday, in which case the next business day shall be the last day
of the time period. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.280.030 Definition of terms.
"Abandoned" means a structure or use, the development or operation of which has
been ceased or suspended.
"Abutting" or "adjacent" means two or more parcels sharing a common boundary
at one or more points.
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"Access/egress" means provision for entering a site from a roadway and exiting a
site onto a roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of which
is subordinate and incidental to the main building or use on the same building site. As
it pertains to Section 9.140.060, Equestrian Overlay District, "accessory building"
means any building subordinate to a permitted or conditionally permitted equestrian
use, including, but not limited to, hay and tack barns, stables and other structures
and uses customarily appurtenant to the primary permitted use. Also pertaining to
Section 9.140.060, Equestrian Overlay District, "accessory structure" means any
structure subordinate to a permitted or conditionally permitted equestrian use,
including, but not limited to, arenas, grandstand seating, corrals, exercise rings, and
other structures associated with the permitted use. Fences are not considered
structures for the purposes of this section.
"Accessory use" means a land use subordinate and incidental to the principal use
on the same building site.
"Actual construction" means the actual placing of construction materials in their
permanent position fastened in a permanent manner except that where a basement
is being excavated, such excavation shall be deemed to be actual construction, or
where demolishing or removal of an existing building or structure has begun, such
demolition or removal shall be deemed to be actual construction, providing in all
cases that actual construction work be diligently carried on until the completion of the
entire building or structure involved.
"Administrative office" means a place of business for the rendering of service or
general administration, but not including retail sales.
Adult Business, Adult Entertainment Business or Adult Oriented Business. See
"sexually oriented business," Chapter 5.80 of the municipal code.
Advertising Device or Display. See sign definitions, Section 9.160.120.
"Affordable housing cost" bears the same meaning as defined in Section 50052.5
of the California Health and Safety Code. "Affordable housing unit" means a
dwelling unit within a housing development which will be rented or sold to and
reserved for very low income households, lower income households, moderate
income households (where qualified) and/or senior citizens at an affordable housing
cost for the respective group(s) in accordance with Section 65915 of the California
Government Code and Section 9.60.270 of this Code.
"Affordable rent" means that level of rent defined in Section 50053 of the California
Health and Safety Code.
"Agricultural activity, operation, or facility, or appurtenances thereof" includes
all uses allowed under the Agricultural Overlay District, including, but be limited to,
the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and
harvesting of any agricultural commodity, including timber viticulture, apiculture, or
horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any
practices performed by a farmer or on a farm as incident to or in conjunction with
such farming operations, including preparation for market, delivery to storage or to
market, or to carriers for transportation to market.
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"Alley" means a secondary means of access to abutting property located at the rear
or side of the property.
"Alteration" means any physical change in the internal or external composition of a
building or other structure.
Animal Hospital or Animal Clinic. See "veterinary clinic."
"Antenna" means a device for transmitting or receiving radio, television, satellite,
microwave or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and used
for occupancy by one family on a rental basis.
"Apartment building or apartment project" means a building or group of buildings
in a single ownership with three or more dwelling units per building and with most or
all units occupied on a rental basis.
Area, Project Net. See "project net area."
"Arena" means an enclosure physically similar to a corral, designed and constructed
so as to be used for conducting equine -related entertainment and events open to the
public, including, but not limited to, rodeos, polo matches, riding shows and
exhibitions, etc.
"Attached structures" means two or more structures which are physically
connected with a wall, roof, deck, floor, bearing or support structures, trellises,
architectural features or any other structure, fixture or device that exceeds thirty
inches in height above the finished grade.
Attached Dwelling or Attached Residential. See "dwelling, attached."
"Automobile repair specialty shop" means a retail and service place of business
engaged primarily in light repair and sale of goods and services for motor vehicles,
including brake, muffler and tire shops and their accessory uses. Heavier automobile
repair such as major body and paint work, transmission repair, or engine repair are
not included in this definition.
"Automobile service station" means a retail place of business engaged primarily in
the sale of motor fuels and supplying those incidental goods and services which are
required in the day-to-day operation of motor vehicles.
"Automobile wrecking" or "automobile dismantling" means the storage or taking
apart of damaged or wrecked vehicles or the sale of such vehicles or their parts.
"Awning" means a roof -like cover that is attached to and projects from the wall of a
building for the purpose of decoration and/or providing shielding from the elements.
"Bar and cocktail lounge" means an establishment whose primary activity is the
service of alcohol, beer or wine.
"Basement" means a habitable building level which is partly or completely
underground. A basement shall be counted as a building story if more than five feet
of the height of any portion is above adjoining finish grade.
"Bed and breakfast" means a residential dwelling occupied by a resident, person,
or family, containing individual living quarters occupied for a transient basis for
compensation and in which a breakfast may be provided to guests. The breakfast
provided shall not constitute a restaurant operation and may not be provided to
persons other than guests of the inn.
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"Bedroom" means any habitable room that may be used for sleeping purposes other
than a kitchen, bathroom, hallway, dining room or living room.
"Berm" means a mound or embankment of earth.
Billboard. See sign definitions, Section 9.160.120.
"Boardinghouse" means any building or portion thereof with access provided
through a common entrance to guest rooms having no cooking facilities. Guest
rooms are rented on a monthly basis or longer and meals are provided.
"Buildable area" means the portion of a building site remaining after deducting all
required setbacks and meeting any requirements regarding maximum lot coverage or
minimum open area.
"Building" means an enclosed structure having a roof supported by columns or
walls.
"Building height" means the height of a building relative to the surrounding ground
area. Measurement of maximum building height is defined in Sections 9.50.050 and
9.90.010.
Building, Main. "Main building" means the building containing the main or principal
use of the premises.
Building, Relocatable. "Relocatable building" means a building which is not placed
on a permanent foundation and is designed to be movable from one location to
another without the need for a special permit such as that required to move a
conventional house. Relocatable buildings include but are not limited to
mobilehomes, construction trailers, and modular buildings.
"Building site" means a parcel or contiguous parcels of land established in
compliance with the development standards for the applicable zoning district and the
city's subdivision code.
"Building site area" means the horizontal area within a building site expressed in
square feet, acres or other area measurement.
Building Site Coverage. See "lot coverage."
Building Site, Panhandle or Flag. See "lot" definitions.
Building Site, Through. "Through building site" means a building site having
frontage on two parallel or approximately parallel streets. See "through lot."
Business Park. See "industrial park."
"CEQA" means the California Environmental Quality Act.
"Caretaker" means a person who lives on the premises for the purposes of
managing, operating, maintaining or guarding the principal use or uses permitted on
the premises.
"Caretaker residence" means a residential unit not exceeding one thousand square
feet, which is not the principal use on the property, to be occupied by a caretaker or
watchman who is responsible for the security of the principal use of the property.
"Carport" means a roofed structure or a portion of a building which is open on two or
more sides for the parking of automobiles belonging to the occupants of the property.
"Cattery" means any building, structure, enclosure or premises within which five or
more cats are kept or maintained primarily for financial profit for the purpose of
boarding, breeding, training, marketing, hire or any other similar purpose.
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"Cellar" means a nonhabitable building level which: (1) has more than one-half of its
height below the adjoining finish grade at all points; and (2) has a floor area no more
than one-half that of the floor immediately above. A cellar is not counted as a building
story.
"Certificate of occupancy" or "certificate of use and occupancy" means a permit
issued by the city prior to occupancy of a structure or the establishment of a land use
to assure that the structure or parcel is ready for occupancy or use and that all
ordinance requirements and project conditions of approval are fulfilled.
"Child day care center" or "preschool" means a child day care facility operated by
a person, corporation or association used primarily for the provision of daytime care,
training or education of children at any location other than their normal place of
residence. The maximum number of children accommodated is determined by state
licensing provisions and city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State
Health and Safety Code, a facility which provides nonmedical care to children under
eighteen years of age in need of personal services, supervision, or assistance
essential for sustaining the activities of daily living or for the protection of the
individual on less than a twenty -four-hour basis. Child day care facility includes both
child day care centers and child day care homes.
"Child day care home" or "family day care home" means, consistent with Section
1596.78 of the State Health and Safety Code:
1. "Family day care home" means a home that regularly provides care,
protection, and supervision for fourteen or fewer children, in the provider's
own home, for periods of less than twenty-four hours per day, while the
parents or guardians are away, and is either a large family day care home
or a small family day care home.
2. "Large family day care home" means a home that provides family day
care for seven to fourteen children, inclusive, including children under the
age of ten years who reside at the home.
3. "Small family day care home" means a home that provides family day
care for eight or fewer children, including children under the age of ten
years who reside at the home.
"City" means the city of La Quinta.
"City council" means the city council of the city of La Quinta.
"Cleaning plant or laundry plant" means a central processing facility for dry
cleaning or laundering of clothing and fabrics collected from and returned to patrons
and dry cleaning and laundry agencies.
Clinic, Medical. "Medical clinic" means an organization of medical doctors providing
physical or mental health service and medical or surgical care of the sick or injured,
but not including inpatient or overnight care.
"Club" means an association of persons for some common purpose, but not
including organizations which provide goods or services and which are customarily
carried on as businesses.
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"Code" means this zoning code unless another code, ordinance or law is specified.
"Commercial" means operated or conducted on a frequent basis for the purpose of
financial gain.
"Commercial Filming" means the production of still or moving pictures on public
property.
Commercial Center. See "shopping center."
"Commercial recreation" means any use or activity where the primary intent is to
provide amusement, pleasure or sport but which is operated for financial gain. It
includes establishments where food and beverages are sold as a secondary or
ancillary use, but does not include restaurants, nightclubs and cocktail lounges.
"Commercial stable" means any facility specifically designed or used for the
stabling of equine animals not owned by the residents of the subject property, for
purposes such as on -site breeding, boarding, training, riding or other recreational use
as a commercial service to the owners of said animals.
"Commercial vehicle" means a vehicle customarily used as part of a business for
the transportation of goods or people.
"Commission" means the planning commission of the city unless another
commission is indicated.
"Common interest development" bears the same meaning as defined in Section
1351 of the California Civil Code.
"Community apartment project" means a project in which an undivided interest in
the land is coupled with the right of exclusive occupancy of any apartment located
thereon.
"Community auction and sales yard" means a facility which periodically holds
auctions of farm equipment, fixtures and other related materials in an enclosed
building.
Community Care Facility. See "residential care facility."
Conditional Use Permit. See "use permit."
"Community Center" means a non-commercial use established for the benefit and
service of the population of the community in which it is located, including senior
centers.
"Condominium" means, consistent with Section 1351 of the State Civil Code, an
undivided interest in common in a portion of real property coupled with a separate
interest in space in a residential, industrial or commercial building on such real
property, such as an office or store or multifamily dwelling. A condominium may
include, in addition, a separate interest in other portions of such real property.
"Condominium hotel" means a "hotel" or "group hotel" all or part of which
constitutes a condominium project in which one or more of the units are individually
owned, but are intended to be available for "transient" use (as those terms are
defined in Section 3.24.020 of the La Quinta Municipal Code), when not being used
by the unit owner. See also "first class condominium hotel."
"Congregate care facility" means a facility providing care on a monthly basis or
longer and which is the primary residence of the people it serves. It provides services
to the residents such as the following: dining, housekeeping, security, medical,
transportation and recreation. Any commercial services provided are for the exclusive
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use of the occupants of the facility. Such a facility may be located in more than one
building and on contiguous parcels within the building site.
"Congregate living facility" means a single family residential facility which is
licensed by the state to provide living and treatment facilities on a monthly or longer
basis for six or fewer developmentally disabled persons or six or fewer persons
undergoing treatment for alcohol or drug abuse and which is permitted in single
family residences by operation of state law. (See also "residential care facility.")
"Convalescent home" or "convalescent hospital" means a facility licensed by the
State Department of Health Services which provides bed and ambulatory care for
more than six patients with postoperative convalescent, chronic illness or dietary
problems and persons unable to care for themselves, including persons undergoing
psychiatric care and treatment both as inpatients and outpatients, but not including
persons with contagious diseases or afflictions. A convalescent home may also be
known as a nursing home, convalescent hospital, rest home or home for the aged.
"Conversion project" means an apartment house or multiple or group dwelling
which is existing, under construction or for which building permits have been issued,
and which is proposed for conversion to a residential condominium, community
apartment, residential stock cooperative or planned development.
Corner Lot. See definitions under "lot."
"Corral" means an enclosure designed for use as an open holding area for horses
for the purpose of confinement within that area for an indeterminate period of time.
"Cottage food operation" means an enterprise wherein an individual prepares and
packages non -potentially hazardous foods in a primary residential dwelling unit,
which serves as his or her private residence, said foods being for the direct and/or
indirect sale to consumers, and that does not have more than one full-time equivalent
employee, and generates not more than: 1) $35,000 in gross annual sales in 2013; 2)
$45,000 in gross annual sales in 2014; 3) $50,000 in gross annual sales in 2015 and
beyond as identified in California Health and Safety Code Section 113758.
"County" means the county of Riverside unless another county is indicated.
Day Care Center. See "child day care center."
"Decision -making authority" or "decision -making body" means a person or
group of persons charged with making decisions on proposals, applications, or other
items brought before the city.
"Density" means the number of dwelling units per gross acre, unless another area
measurement is specified.
"Density bonus" means a density increase over the otherwise maximum allowable
residential density under the applicable zoning ordinance and land use element of
the general plan as of the date of application by the applicant to the city.
"Detached building or structure" means a building or other structure that does not
have a wall or roof in common with any other building or structure.
"Development" means, on land or in or under water: the placement or erection of
any solid material or structure; discharge or disposal of any dredged material or of
any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or
extraction of any materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any
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other division of land, including lot splits, except where the land division is brought
about in connection with the purchase of such land by a public agency for public
recreational use; change in the intensity of use of water, or of access thereto;
construction, reconstruction, demolition or alteration of the size of any structure,
including any facility of any private, public or municipal utility; and the removal or
harvesting of major vegetation other than for agricultural purposes.
"Development standard" means site or construction conditions that apply to a
housing development pursuant to any ordinance, general plan element, specific plan,
charter amendment, or other local condition, law, policy, resolution, or regulation.
"Director" or "planning director" means the city manager or his/her designer.
District. See "zoning district."
District, Nonresidential. See "nonresidential district."
District, Residential. See "residential district."
District, Special Purpose. See "special purpose district."
"Downtown Village directional sign panel" means an interchangeable sign panel
which does not require a sign permit, mounted on a monument base structure. The
sign panels list businesses in the Village commercial zoning district.
"Drive-in" or "drive -through" means designed or operated so as to enable persons
to receive a service or purchase or consume goods while remaining within a motor
vehicle.
"Driveway" means a vehicular passageway providing access from a public or private
street to a structure or parking area or, in the case of residences, to a garage,
carport, or legal parking space. A driveway is not a street.
"Driveway approach" means a designated area between the curb or traveled way
of a street and the street right-of-way line that provides vehicular access to abutting
properties. When vehicular access to a building site is provided by way of a common
driveway, the driveway approach is the line of intersection where the individual
driveway abuts the common driveway.
"Duplex" means a permanent building containing two dwelling units on a single lot.
"Dwelling" means a building or portion thereof designed and used for residential
occupancy, but not including hotels or motels.
Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one
or more other main dwelling units by means of a roof or interior wall.
Dwelling, Main or Primary Residence. "Main dwelling or primary residence"
means the dwelling unit permitted as the principal use of a parcel or building site,
either by itself or with other dwelling units (as in multifamily buildings).
Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or
more dwelling units on a single parcel or building site.
Dwelling, Single -Family. "Single-family dwelling" means one main dwelling unit on
a single parcel or building site.
Dwelling, Single -Family Attached. "Single-family attached dwelling" means a main
dwelling unit attached to one other main dwelling unit by means of a roof and/or
interior wall, with each dwelling unit occupying its own lot.
Dwelling, Single -Family Detached. "Single-family detached dwelling" means a
main dwelling unit not attached to any other main dwelling unit.
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Dwelling, Patio Home. "Patio home dwelling" means a single-family detached
dwelling shifted to one side of the lot, i.e., placed on the lot so that one side setback
is zero or nearly zero and the other side setback is larger than if both side setbacks
were approximately equal.
Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached
typically to two or more other main dwelling units by means of a roof and/or interior
wall, with each dwelling unit occupying its own lot.
"Dwelling unit" means one or more rooms, including a bathroom and kitchen,
designed and used for occupancy by one family for living and sleeping purposes.
Dwelling Unit, Second. See "second residential unit."
"Easement" means a recorded right or interest in the land of another which entitles
the holder thereof to some use, privilege or benefit in, on, over or under such land.
"Educational institution" means a private or public elementary or secondary
school, college or university qualified to give general academic instruction equivalent
to the standards prescribed by the state board of education.
"Elevation" means the vertical distance above sea level.
"Emergency Shelter" means housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless person. No
individual or household may be denied emergency shelter because of an inability to
pay.
"Employee's quarters" means quarters, which may include full bathroom and/or
kitchen or cooking facilities„ for the housing of domestic employees and located upon
the same building site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced only
by windows, vents or customary entrances and exits.
"Environmental review" means all actions and procedures required of the city and
of applicants by the California Environmental Quality Act ("CEQA," State Public
Resources Code Section 21000 et seq.), the CEQA Guidelines (Public Resources
Code Section 15000 et seq.) and local environmental procedures.
"Exception" means a city -approved deviation from a development standard based
on the following types of findings by the decision -making authority:
1. A general finding such as that notwithstanding the exception, the resulting
project will still be consistent with the goals and/or policies underlying the
development standard; and
2. One or more specific findings justifying the particular exception requested.
"Family" means one or more persons occupying one dwelling unit. The word
"family" includes the occupants of congregate living and residential care facilities, as
defined herein, serving six or fewer persons which are permitted or licensed by the
state. The word "family" does not include occupants of a fraternity, sorority,
boardinghouse, lodginghouse, club or motel.
Family Day Care Home. See "child day care home."
"Farm" means a parcel of land devoted to agricultural uses where the principal use
is the propagation, care and maintenance of viable plant and animal products for
commercial purposes.
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"Farmworker housing" means any building or group of buildings where six or more
farm employees are housed.
"First class condominium hotel" means a condominium hotel where both of the
following apply:
a. The condominium hotel has a brand operator or an independent operator
that is experienced in the upscale segment or luxury segment of the
hospitality industry as defined by J.D. Power and Associates; and
b. The condominium hotel satisfies the published requirements that will be
sufficient for a ranking of no fewer than three stars in the most recent annual
awards list published from time to time by AAA Travel Guides or by the Mobil
Travel Guide.
Flag. See sign definitions, Section 9.160.120.
Flag Lot or Panhandle Lot. See definitions under "lot."
"Flood" means a general and temporary condition of partial or complete inundation
of land areas from the overflow of inland and tidal waters, the rapid accumulation of
runoff of surface waters from any source, or mudslides (i.e., mudflows) which are
proximately caused or precipitated by accumulations of water on or under the ground.
"Flood insurance rate map (FIRM)" or "flood boundary and floodway map"
mean the official maps provided by the Federal Emergency Management Agency
(FEMA) which delineate the areas of special flood hazard, the risk premium zones
and the floodways applicable to the city.
"Floodplain" means the land area adjacent to a watercourse and other land areas
susceptible to being inundated by water.
"Floodproofing" means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
"F000dway" means the channel of a river or other watercourse and that part of the
floodplain reasonably required to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
Floor Area, Gross. See "gross floor area."
Floor Area, Livable. See "livable floor area."
"Floor area ratio" means the numerical value obtained by dividing the gross floor
area of all buildings, except parking structures, located on a building site by the
building site area.
"Fraternity house" or "sorority house" means a building or portion of a building
occupied by a chapter of a regularly organized college fraternity or sorority officially
recognized by an educational institution.
Freestanding Sign. See sign definitions, Section 9.160.120.
Front Lot Line. See definitions under "lot line."
Gas Station or Service Station. See "automobile service station."
"Garage" means a building or portion of a building used primarily for the parking of
motor vehicles.
"General plan" means the general plan of the city of La Quinta.
"Government code" means the California Government Code.
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Grade, Average. "Average grade" means the elevation determined by averaging the
highest and lowest elevations of a parcel, building site or other defined area of land.
Grade, Average Finish. "Average finish grade" means the elevation determined by
averaging the highest and lowest elevations of a parcel, building site or other defined
area of land after final grading.
Grade, Finish. "Finish grade" means the ground elevation at any point after final
grading.
"Grading" means the filling, excavation or other movement of earth for any purpose.
"Granny flat or granny housing" means a secondary dwelling unit which is: (1)
intended for the sole occupancy of one or two adult persons sixty-two years of age or
over, and (2) located on a building site containing an existing single family detached
dwelling. The floor area of an attached granny flat does not exceed thirty percent of
the existing floor area of the primary single family residence and the floor area of a
detached granny flat does not exceed one thousand two hundred square feet. (See
also "second residential unit.")
"Grazing" means the act of pasturing livestock on growing grass or other growing
herbage or on dead grass or other dead herbage existing in the place where grown
as the principal sustenance of the livestock so grazed.
"Gross acreage" means the land area, expressed in acres, within a parcel or group
of contiguous parcels minus any right-of-way for arterial highways not including
collector streets. Each acre so determined is a gross acre.
Gross Density. See "density."
"Gross floor area" means the total square footage of all floors of a building,
including the exterior unfinished wall structure but excluding courtyards and other
outdoor areas.
Gross Lot or Parcel Area. See "lot area, gross."
"Ground floor area" means all enclosed area within the ground floor of a structure,
including exterior walls and mechanical spaces. Carports, garages, accessory
buildings and parking structures are included in ground floor area but swimming
pools and unenclosed post -supported roofs over patios and walkways are not
included.
Ground Sign. See "freestanding sign" in sign definitions, Section 9.160.120.
"Guest house" means a detached or attached unit which has sleeping and sanitary
facilities, which may include full bathroom and/or kitchen or cooking facilities, and
which is used primarily for sleeping purposes by members of the family occupying the
main building, their nonpaying guests, and domestic employees.
"Guest ranch" means any property of five acres or more operated as a ranch which
offers guest rooms for rent and which has outdoor recreational facilities such as
horseback riding, swimming or hiking.
Habitable Area. See "livable floor area."
"Habitable room" means any room usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof. A room
designed and used only for storage purposes is not a habitable room.
"Hazardous waste" means a waste or combination of wastes which, because of its
quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its
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physical, chemical or infectious characteristics, may: (1) cause or significantly
contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness; or (2) pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Home for the Aged. See "convalescent home."
"Home occupation" means an occupation or activity conducted as an accessory
use within a dwelling unit incidental to the residential use of the property. See Section
9.60.110.
"Hospital" means a facility licensed by the State Department of Health Services
providing clinical, temporary or emergency service of a medical, obstetrical, surgical
or mental health nature to human patients.
"Hotel" means any building or portion thereof with access provided through a
common entrance, lobby or hallway to guest rooms which are rented on a daily or
weekly basis and which has cooking facilities in less than twenty-five percent of the
guest rooms.
Identification Sign. See sign definitions, Section 9.160.120.
"Industrial park," "business park" or "office park" means a nonresidential
development wherein the permitted uses are planned, developed, managed and
maintained as a unit, with landscaping, amenities, and common offstreet parking
provided to serve all uses on the property.
"Intensity" means the level of development or activity associated with a land use, as
measured by one or more of the following:
1. The amount of parking required for the use per Chapter 9.150.
2. The operational characteristics of the use such as hours of operation, the
inclusion of dancing or live entertainment as part of the use, or similar
characteristics.
3. The floor area occupied by the use.
4. The percentage of the building site occupied by the use or by the structure
containing the use.
Interior Lot Line. See definitions under "lot line."
"Kennel" means any building, structure, enclosure or premises within which five or
more dogs are kept or maintained primarily for financial profit for the purpose of
boarding, breeding, training, marketing, hire or any other similar purpose.
"Kitchen" means any room all or part of which is designed and/or used for the
cooking or other preparation of food.
Land Use. See "use."
Land Use Intensity. See "intensity."
Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the
disposal of solid waste on land by spreading it in layers, compacting it and covering it
daily with soil or other approved cover material.
Laundry Plant. See "cleaning plant or laundry plant."
"Livable floor area" means the interior area of a dwelling unit which may be
occupied for living purposes by humans, including basements and attics (if
permitted). Livable floor area does not include a garage or any accessory structure.
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"Live entertainment" means any act, play, revue, pantomime, scene, dance or
song, or any combination of the foregoing performed in person by one or more
persons whether or not they are compensated for their performance.
Living Area. See "livable floor area."
Lodginghouse. See "boardinghouse."
"Lot" means an area of land under one ownership which is identified as a lot or
parcel on a recorded final map, parcel map, record of survey recorded pursuant to an
approved division of land, certificate of compliance, or lot line adjustment. The terms
"lot" and "parcel" are interchangeable for purposes of this code. Types of lots and
their definitions are as follows:
1. "Corner lot" means a lot abutting two streets intersecting at an angle of not
more than one hundred thirty-five degrees. If the angle of intersection is more
than one hundred thirty-five degrees, the lot is an "interior lot."
2. "Flag or panhandle lot" means a lot connected to the street with a narrow
access portion less than forty feet wide and more than twenty feet long and
situated so that another lot is located between the main portion of the flag lot
and the street.
Lot Types and Lot Lines
3. "Interior lot" means a lot abutting only one street or abutting two streets
which intersect at an angle greater than one hundred thirty-five degrees.
4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one
or more adjoining lots.
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5. "Reverse corner lot" means a corner lot, the rear of which abuts the side
of another lot.
6. "Through lot" means a lot with frontage on two parallel or approximately
parallel streets.
"Lot area" means the horizontal land area within a lot expressed in square feet,
acres, or other area measurement.
"Lot coverage" or "building site coverage" means the cumulative ground floor
area of the structures on a lot expressed as a percentage of the net lot area. For
purposes of this definition, "ground floor area" means all enclosed area within the
ground floor of a structure, including exterior walls and mechanical spaces. Carports,
garages, accessory buildings and parking structures are included in ground floor area
but swimming pools and unenclosed post -supported roofs over patios and walkways
are not included.
"Lot frontage" means the length of the front lot line. For corner lots the lot frontage
shall be measured from the interior lot corner to the outside of the corner cut -back.
"Lot line or property line" means any boundary of a lot. The classifications of lot
lines and their definitions are as follows:
1. "Front lot line" means the following:
a. On an interior lot, the line separating the lot from the street;
b. On a corner lot, the shorter line abutting a street. (If the lot lines are
equal or approximately equal, the director shall determine the front lot
line);
c. On a through lot, the lot line abutting the street providing primary
access to the lot.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means a lot line which does not intersect the front lot line
and which is most distant from and most parallel to the front lot line. In the
case of an irregularly -shaped lot or a lot bounded by only three lot lines, the
rear lot line is a ten -foot long line parallel to and most distant from the front lot
line for the purposes of determining setbacks and other provisions of this
code.
4. "Side lot line" means any lot line which is not a front or rear lot line.
"Lower income households" bears the same meaning as defined in Section
50079.5 of the California Health and Safety Code.
"Lowest floor" means, with regard to flood protection, the lowest floor of the lowest
enclosed area, including a basement or cellar. An unfinished or flood -resistant
enclosure, usable solely for parking of vehicles, building access or storage in an area
other than a basement area, is not considered a building's lowest floor provided that
such enclosure is not built so as to render the structure in violation of the applicable
design requirements of the FP floodplain district, Section 9.140.030.
"Manufactured home" means a residential building transportable in one or more
sections which has been certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974.
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"Master commercial development" means a commercial center for which an
overall Site Development Permit was approved and implemented, which may have
remaining unconstructed pads or buildings.
"Master plan of arterial highways" means a component of the circulation element
of the city's general plan designating adopted and proposed routes for all commuter,
secondary, primary and major highways within the city.
"Master plan of drainage" means an engineering report outlining the drainage
facilities needed for the proper development of the city.
"Maximum allowable residential density" means the density allowed under
applicable zoning ordinances, or if a range of density is permitted, means the
maximum allowable density for the specific zoning range applicable to the subject
project.
"Median" means a paved or planted area separating a street or highway into
opposite -direction travel lanes.
Medical Clinic. See "clinic, medical."
"Medical marijuana dispensary" means a facility or location which provides, makes
available or distributes medical marijuana to a primary caregiver, a qualified patient,
or a person with an identification card, in accordance with California Health and
Safety Code Section 11362.5 et seq. (Ord. 439 § 1, 2007)
"Menagerie" means a lot on which more than one wild, non -domestic reptile (not
including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed
or trained wild animal shall not be considered a domestic animal.
"Ministorage facility" means a building containing various size storage
compartments not exceeding five hundred square feet each, wherein each
compartment is offered for rent or lease to the general public for the private storage
of materials excluding materials sold at the facility or delivered directly to customers.
"Minor adjustments" are deviations in standards which have little or no potential for
adverse impacts on the surrounding community and which are reviewed
administratively.
Minor Use Permit. See "use permit."
Mobilehome. See "manufactured home."
"Mobilehome park or mobilehome development" means any area or tract of land
used to accommodate mobilehomes for human habitation, including pads for
mobilehomes, clubhouses, recreation facilities, and other ancillary structures and
facilities. The term includes mobilehome parks and mobilehome subdivisions. See
Section 9.60.180.
"Moderate income" or "persons and families of moderate income" means those
middle -income families as defined in Section 50093 of the California Health and
Safety Code.
Modular Home. See "manufactured home."
Monument Sign. See sign definitions, Section 9.160.120.
"Motel" means a building or group of buildings containing guest rooms rented on a
weekly basis or less, with cooking facilities in less than twenty-five percent of the
guest rooms and with most or all guest rooms gaining access from an exterior
walkway.
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Multifamily Dwelling or Residence. See "dwelling, multifamily."
"Net site area" or "net lot area" means the total land area within the boundaries of
a parcel or building site after ultimate street rights -of -way and easements that prohibit
the surface use of the site are deducted.
"Net project area" means all of the land area included within a development project
excepting those areas with before -development slopes of thirty percent or steeper
and those areas designated for public and private road rights -of -way, schools, public
parks, and other uses or easements which preclude the use of the land therein as
part of the development project.
"Noncommercial coach" means a vehicle, with or without motive power, designed
and equipped for human occupancy for classrooms and other nonresidential and
noncommercial uses.
"Nonconforming use" means a land use which was lawful and in conformance with
the applicable zoning ordinances when established but which, due to subsequent
ordinance changes, is not currently permitted in the zoning district in which it is
located or is permitted only upon the approval of a use permit and no use permit has
been approved. See Chapter 9.270.
"Nonconforming lot" means a lot or parcel which was lawful and in conformance
with the applicable zoning ordinances when established but which, due to
subsequent ordinance changes, does not conform to the current development
standards applicable to the zoning district in which it is located. See Chapter 9.270.
"Nonconforming structure" means a structure which was lawful and in
conformance with the applicable zoning ordinances when constructed but which, due
to subsequent ordinance changes, does not conform to the current development
standards applicable to the zoning district in which it is located. See Chapter 9.270.
"Nonconformity" means a land use, lot or structure which was lawful when
established or constructed but, due to subsequent ordinance changes, is not in
conformance with this zoning code. The term nonconformity does not include illegal
uses, lots, or structures, i.e., which were not lawful when established or constructed.
See Chapter 9.270.
Nursery, Day Care. See "child day care facility."
Nursing Home. See "convalescent home."
Office Park. See "industrial park."
Official Zoning Map. See "zoning map."
"Off -site hazardous waste facility" means any structures, other appurtenances or
improvements on land and all contiguous land serving more than one producer of
hazardous waste, used for the treatment, transfer, storage, resource recovery,
disposal or recycling of hazardous waste, including but not limited to:
1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.);
2. Residual repository (i.e., receiving only residuals from hazardous waste
treatment facilities);
3. Stabilization/solidification facilities;
4. Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6. Transfer/storage facilities.
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"Open space" means any parcel or area of land or water, public or private, which is
reserved for the purpose of preserving natural resources, for the protection of
valuable environmental features, or for providing outdoor recreation or education.
Open space does not include roads, driveways or parking areas not related to
recreational uses, any buildings, building setback areas or the required space
between buildings, or surface utility facilities.
Open Space, Usable. "Usable open space" means open space which is
predominately level (i.e., slopes less than five percent) but which may contain some
steeper land (i.e., with slopes up to twenty percent) which has utility for picnicking or
passive recreation activities and which complements surrounding usable open space.
Usable open space is a minimum of fifteen feet in width and three hundred square
feet in area and may include structures and impervious surfaces such as tot lots,
swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle
trails.
Outdoor Advertising Sign. See "billboard" in sign definitions, Section 9.160.120.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor
fixtures, lamps and other devices, permanent or portable, used for illumination or
advertisement. Such devices shall include, but are not limited to, search, spot, or
flood lights for:
a. Buildings and structures;
b. Recreational areas;
c. Parking lot lighting;
d. Landscape lighting;
e. Billboards and other signs (advertising or other);
f. Street lighting;
g. General area and yard lighting.
"Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses
which utilize a movable or relocatable stand or cart for walk-up sales. The stand or
cart must be of a size and design suitable for placement on a private sidewalk, plaza,
or pedestrianway.
"Parcel" means an area of land under one ownership which is identified as a lot or
parcel on a recorded final map, parcel map, record of survey recorded pursuant to an
approved division of land, certificate of compliance or lot line adjustment. The terms
"lot" and "parcel" are interchangeable for purposes of this code.
Panhandle Lot or Flag Lot. See definitions under "lot."
"Parking accessway" means a vehicular passageway that provides access and
circulation from a street access point into and through a parking lot to parking aisles
and between parking areas.
"Parking structure" means a structure which is open or enclosed and is used for
the parking of motor vehicles.
"Parkway" means the area of a public street that lies between the curb and the
adjacent property line or physical boundary, such as a fence or wall, which is used for
landscaping and/or passive open space.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation,
specifically used for purposes of grazing or feeding of animals.
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Patio Home. See "dwelling, patio home."
"Permitted use" means a land use allowed within a zoning district under this zoning
code and subject to the applicable provisions of this code.
"Person" means any individual, firm, copartnership, joint venture, association, social
club, fraternal organization, company, joint stock association, corporation, estate,
trust, organization, business, receiver, syndicate, public agency, the state of
California or its political subdivisions or instrumentalities, or any other group or
combination acting as a unit.
"Person with a disability" is a person with a physical or mental impairment that
limits or substantially limits one or more major life activities, anyone who is regarded
as having such an impairment, or anyone who has a record of such an impairment.
"Personal services" are establishments providing nonmedical services as a primary
use, including but not limited to barber and beauty shops, spas and tanning salons,
clothing rental, dry cleaning stores, home electronics and small appliance repair,
laundromats (self-service laundries), shoe repair shops, and tailors.
"Planned unit development" means a residential development characterized by
comprehensive planning for the entire project, the clustering of buildings to preserve
open space and natural features, and provision for the maintenance and use of open
space and other facilities held in common by the property owners within the project.
Pole Sign. See sign definitions, Section 9.160.120.
Portable Sign. See sign definitions, Section 9.160.120.
"Precise plan" or "precise plan of development" means the plan or plans for a
project, development or other entitlement approved by the decision -making authority.
A precise plan may include site, grading, architecture, landscaping plans and may
also include a plan text describing the project design, development phasing, and
other characteristics.
"Precise plan of highway alignment" means a plan, supplementary to the master
plan of arterial highways, which establishes the highway centerline and the ultimate
right-of-way lines and may establish building setback lines.
Primary Residence. See "main dwelling."
"Primary unit" means a single-family or multifamily residential unit constructed and
intended as the principal unit and building on a lot. The primary unit shall be the
largest unit on the lot.
"Principal use" means the primary or predominant use of any parcel, building site or
structure.
"Project area" means all of the land area included within a development project
excepting those areas designated for public and private road rights -of -way, schools,
public parks, and other uses or easements which preclude the use of the land therein
as part of the development project. (See also "net project area.")
Projecting Sign. See sign definitions, Section 9.160.120.
"Property line" means a lot line or parcel boundary.
"Public agency" means the United States, the state, the county or any city within
the county, or any political subdivision or agency thereof.
Rear Lot Line. See definitions under "lot line."
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"Reasonable accommodation" means the process of providing flexibility in the
application of land use, zoning, and building regulations, practices, and procedures to
eliminate barriers to housing opportunities for persons with disabilities.
"Recreational vehicle" or "RV" means all trailers or any vehicle placed on a trailer
such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for
temporary habitation, including motorhomes, travel trailers, "5th wheels" and
camper shells.
"Recycling" means the process by which waste products are reduced to raw
materials and transformed into new products.
Relocatable Building. See "building, relocatable."
"Residential care facility" or "community care facility" means a residential facility
which is licensed by the state to provide living and treatment facilities on a monthly or
longer basis for six or fewer of the following: wards of the juvenile court, elderly
persons, mentally disordered persons, handicapped persons or dependent and
neglected children. Such a facility is permitted in all types of residences by operation
of state law. (See also "congregate living facility.")
Residential, Multifamily. See "dwelling, multifamily."
Residential, Single -Family. See "dwelling, single-family."
"Restaurant" means any use providing for the preparation, retail sale and
consumption on site of food and beverages. Restaurants include, but are not limited
to, cafes, coffee shops, pubs, sandwich shops, ice cream parlors, fast food take-out
and drive -through stores, whose primary activity is food service and places of
business with similar uses. If any seating is provided in conjunction with a store
where there is the preparation and retail sale of food and beverages, that use shall
be classified as a restaurant. The term "restaurant" may include the licensed sale of
alcoholic beverages for consumption on the premises.
Restaurant, Drive -Through. "Drive -through restaurant" means a restaurant with
one or more automobile lanes which allow for the ordering and dispensing of food
and beverages to patrons who remain in their vehicles.
Rest Home. See "convalescent home."
"Retail" means the selling of goods or merchandise directly to the ultimate
consumer.
"Reverse vending machine" means a machine which accepts recyclable materials,
such as aluminum cans, newspapers, or other materials, from the public and
dispenses money in return.
"Riding academy" means a facility designed and used primarily for recreational
riding, training and instruction purposes, and allowing both on -site boarding or
trailering of horses to the facility.
"Riding and hiking trail" means a trail or way designed for and used by
equestrians, pedestrians and cyclists using nonmotorized bicycles.
"Right-of-way" means the entire width of property used for streets, highways, flood
or drainage works, overhead or underground utilities, or any related improvements.
Roof Sign. See sign definitions, Section 9.160.120.
Roominghouse. See "boardinghouse."
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"Satellite dish antenna" means an apparatus capable of receiving communications
from a man-made satellite.
"Scenic highway" means any highway designated a scenic and/or historic highway
by an agency of the city, state or federal government.
"Second unit" In accordance with Government Code Section 65852.2(i)(4), second
unit means an attached or a detached residential dwelling unit which provides
complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be
located on the same parcel as the single-family dwelling is situated. A second unit
also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety
Code;
b. A manufactured home, as defined in Section 18007 of the Health and
Safety Code.
"Section" means a portion of this zoning code beginning immediately after a six- or
seven -digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to
the next such six- or seven -digit number. (See also "subsection.")
"Semi -permanent sign" means a non -illuminated sign which requires a sign, such
as advertising the future construction of a facility, model home complex, commercial,
or residential subdivision identification which is intended to be erected or posted for a
minimum of sixty-one days and a maximum of one year. A permit for semi -permanent
signs advertising future facility construction shall not be approved until a development
review application has been submitted.
"Senior citizen" means a person fifty-five years of age or older.
"Senior citizen residence" means a residential care facility which is licensed by the
state to provide living and treatment facilities on a monthly or longer basis for six or
fewer senior citizens.
"Senior group housing" means a residential development which is developed or
substantially renovated for and occupied by seven or more senior citizens. (Includes
senior citizen hotels, retirement hotels and senior citizen apartments.)
"Service" means an act or any result of useful labor which does not in itself produce
a tangible commodity.
Service Station. See "gas station."
"Setback" means the distance that a building or other structure or a parking lot or
other facility must be located from a lot line, property line or other specified boundary.
Sexually Oriented Business. See Chapter 5.80 of the municipal code.
"Shopping center" or "commercial center" means a commercial area or group of
commercial establishments, planned, developed, managed and maintained as a unit,
with common landscaping, amenities, and offstreet parking provided to serve all uses
on the property.
Side Lot Line. See definitions under "lot line."
"Sidewalk sale" or "parking lot sale" means the temporary outdoor display and
sale of merchandise which is normally displayed indoors at the location of an
individual retail business not located within a shopping center. (See also "special
commercial event.")
Ordinance No. 550
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Page 330 of 334
"Sign" means any medium for visual communication, including but not limited to
words, symbols and illustrations together with all parts, materials, frame and
background, which medium is used or intended to be used to attract attention to,
identify, or advertise an establishment, product, service, activity or location, or to
provide information. Also, see sign definitions, Section 9.160.130.
Single -Family Dwelling or Residence. See "dwelling, single-family."
"Single room occupancy (SRO) facility" or "SRO hotel" means a residential
facility which is rented on a weekly or longer basis and which provides living and
sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink.
Shower, kitchen, and laundry facilities may be shared.
Site. See "building site."
Site Area, Net. See "net project or site area."
Site Coverage. See "building site coverage."
Site Development Permit or Development Permit. See Section 9.210.010.
"Slope" or "slope gradient" means the vertical distance between two points on a
slope divided by the horizontal distance between the same two points, with the result
expressed as a percentage; e.g., "the slope has a twenty percent gradient"
(usually used to describe natural as opposed to manufactured, slopes).
"Slope ratio" means the steepness of a slope expressed as a ratio of horizontal
distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to
describe manufactured as opposed to natural, slopes).
"Special commercial event" means the temporary outdoor display and sale of
merchandise by two or more tenants within a commercial center, or arts and crafts
shows, fairs, or entertainment events within a commercial center. (See also
"sidewalk sale.")
"Specific plan" means a plan consisting of text, maps and other documents and
exhibits regulating development within a defined area of the city, consistent with the
general plan and State Government Code Section 65450 et seq.
"Stable" means a building or structure containing multiple stalls for the purposes of
sheltering, feeding, boarding, accommodating or otherwise caring for several horses
at one time.
"Stall" means a division of a stable accommodating one horse into an adequately
sized enclosure for the purpose of confining individual horses within a sheltered
environment as may be necessary for security, safety or other reasons pertinent to
the health, welfare and daily care of each animal.
"Stock cooperative" means a corporation which is formed primarily for the purpose
of holding title to, either in fee simple or for a term of years, improved real property, if
all or substantially all of the shareholders of such corporation receive a right of
exclusive occupancy in a portion of the real property, title to which is held by the
corporation, which right of occupancy is transferable only concurrently with the
transfer of the shares of stock or membership certificate in the corporation held by
the person having such right of occupancy.
"Storage" means a place where goods, materials, and/or personal property is placed
for more than twenty-four hours.
Ordinance No. 550
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"Story" means that portion of a building included between the surface of any floor
and the surface of the floor immediately above it or if there is no floor above, then the
space between the floor and the ceiling above it.
"Street" means a public or private vehicular right-of-way other than an alley or
driveway, including both local streets and arterial highways.
"Structure" means anything that is erected or constructed having a fixed location on
the ground or attachment to something on the ground and which extends more than
thirty inches above the finish grade. A mobilehome or relocatable building, except
when used as a temporary use with its weight resting at least partially upon its tires,
is a structure for the purposes of this definition.
"Subsection" means a portion of a section of this zoning code designated by a
section number followed immediately by an upper case letter; for example,
subsection 9.10.010A. (See also "section.")
"Supportive Housing" means housing with no limit on length of stay, that is
occupied by the target population as defined in subdivision (d) of Section 53260 of
the Health and Safety Code 50675.14(b) and that is linked to onsite or offsite
services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community. ("target population" includes adults with low
income having one or more disabilities, including mental illness, HIV or AIDS,
substance abuse, or other chronic health conditions, or individuals eligible for
services provided under the Lanterman Developmental Disabilities Services Act and
may, among other populations, include families with children, elderly persons, young
adults aging out of the foster care system, individuals exiting from institutional
settings, veterans, or homeless people.)
"Swimming pool" means an artificial body of water having a depth in excess of
eighteen inches, designed, constructed and used for swimming, dipping or immersion
purposes by humans.
"Tandem Parking" means any off-street parking space(s), or arrangement of such
spaces, configured in such a manner such that one or more spaces is not directly
accessible to a street or other approved access without traversing any portion of
another space.
"Temporary use" means a land use established for a specified period of time, which
use is discontinued at the end of such specified time.
"Temporary sign" means any non -illuminated sign which may require a sign permit
and which is intended to be posted for a maximum of forty-five days. Temporary
signs include without limitation: political campaign signs, garage sale signs and
seasonal sales signs.
"Timeshare facility" means a facility in which a person receives the right in
perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or
occupancy of a lot, parcel, unit, or portion of real property for a period of time which
has been or will be allocated from twelve or more occupancy periods into which the
facility has been divided. A timeshare use may be coupled with an estate in the real
property or it may entail a license, contract, membership, or other right of occupancy
not coupled with an estate in the real property.
Ordinance No. 550
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Adopted: November 15, 2016
Page 332 of 334
Townhome. See "dwelling, townhome."
"Transient basis" means for a continuous period of two weeks or less.
"Transitional Housing" is buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six months.
"Transitional shelter" means a shelter for homeless persons or victims of domestic
abuse which provides accommodations for persons on a transient basis, i.e., for a
continuous period of two weeks or less.
Two -Unit Attached Dwelling. See "dwelling, two -unit attached."
"Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted
precise plan of highway alignment or the street right-of-way shown within the
boundary of a recorded tract map, a recorded parcel map or a recorded planned
community development plan. The latest adopted or recorded document in such
cases shall take precedence. If none of these exist, the ultimate right-of-way is the
right-of-way required by the highway classification as shown in the general plan.
"Use or land use" means the purpose for which a structure or land is occupied,
arranged, designed or intended, or for which either a structure or land is or may be
occupied or maintained.
"Use permit" means a discretionary entitlement under the provisions of this zoning
code which authorizes a specific use or development on a specific property subject to
compliance with all terms and conditions imposed on the entitlement. Uses requiring
a conditional use permit have moderate to significant potential for adverse impacts on
surrounding properties, or residents while uses requiring a minor use permit have low
to moderate potential for adverse impacts on surrounding properties, residents, or
businesses. See Section 9.210.020.
Variance. See Section 9.210.030.
"Vehicular accessway" means a private, nonexclusive vehicular easement
affording access to abutting properties.
"Very low income households" bears the same meaning as defined in Section
50105 of the Health and Safety Code.
"Veterinary clinic" means a place where animals no larger than the largest breed of
dogs are given medical and surgical treatment, primarily on an outpatient basis, and
where the boarding of animals under treatment is incidental to the principal clinic use.
Wall Sign. See "building -mounted sign" in sign definitions, Section 9.160.120.
"Wing wall" means an architectural feature in excess of six feet in height which is a
continuation of a building wall projecting beyond the exterior walls of a building.
"Yard" means an open space on a parcel of land or building site unobstructed and
unoccupied from the ground upward except for wall projections permitted by this
code. Yards are classified as follows:
1. Front yard means a yard extending across the full width of the lot between
the front lot line or the ultimate street right-of-way line and a setback line
within the lot. The depth of the front yard is equal to the setback established
in the development standards for the applicable zoning district and is
measured along a line drawn at a ninety -degree angle to whichever of the
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 333 of 334
following results in the greatest setback: the front lot line or its tangent or the
ultimate street right-of-way or its tangent.
REAR YARD
I INTERIOR
W SIDE YARD
W
F-
U)
FRONT YARD
EXTERIOR SIDE YARD
STREET
TYPES OF YARDS
2. Rear yard means a yard extending across the full width of the lot between
the rear lot line and a setback line within the lot. The depth of the rear yard is
equal to the setback established in the development standards for the
applicable zoning district and is measured along a line drawn at a ninety -
degree angle to whichever of the following results in the greatest setback:
the rear lot line or its tangent or the ultimate street right-of-way or its tangent.
3. Side yard means a yard extending from the front setback line to the rear
setback line. The depth of the side yard is equal to the setback established
in the development standards for the applicable zoning district and is
measured along a line drawn at a ninety -degree angle to whichever of the
following results in the greatest setback: the side lot line or its tangent or the
ultimate street right-of-way or its tangent.
"Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of
La Quinta Municipal Code, including the official zoning map and other maps and
graphics incorporated in the zoning code text or included therein by reference.
"Zoning district" or "district" means an area of the city designated on the official
zoning map and subject to a uniform set of permitted land uses and development
standards.
"Zoning map" or "official zoning map" means a map incorporated into this code
by reference which covers the entire land area of the city and is divided into zoning
districts for the purpose of specifying for each such land area the uses permitted,
development standards required, and other applicable provisions of this code. (Ord.
489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
Ordinance No. 550
Amendments to Title 9 Zoning Related to Zoning and General Plan Text Consistency
Adopted: November 15, 2016
Page 334 of 334
STATE OF CALIFORNIA 7
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, 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. 550 which was
introduced at a regular meeting on the 18th day of October, 2016., and was adopted
at a regular meeting held on the 15th day of November, 2016, 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. 2014-013.
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SUSAN MAYSELS, City qfArk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on December 12, 2016, pursuant to
Council Resolution.
SUSAN MAYSELS, City Jerk
City of La Quinta, California