ORD 553ORDINANCE NO.553
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
DEVELOPMENT STANDARDS WITHIN THE VILLAGE BUILD -
OUT PLAN
WHEREAS, the City Council of the City of La Quinta, California did, on the 20th
day of December, 2016, hold a duly noticed public hearing for review of a City -initiated
request of Zoning Ordinance Amendment 2016-0005 to modify Title 9 (Zoning) of the
La Quinta Municipal Code to support the implementation of the Village Build -Out Plan;
and
WHEREAS, the City Council of the City of La Quinta, California did, on the 6th of
December, 2016, hold a study session to review the Village Build -out Plan,
Environmental Impact Report and Zone Text Amendments; and
WHEREAS, the Planning Commission of the City of La Quinta, California, died on
the 22"d day of November, 2016, hold a duly noticed Public Hearing for review of
Zoning Ordinance Amendment 2016-0005 to modify Title 9 (Zoning) of the La Quinta
Municipal Code to support the implementation of the Village Build -Out Plan; and
WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning
Commission Resolution 2016-017 to recommend to the City Council adoption of said
zoning text amendments; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on December 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 goals and policies of the General Plan 2035 adopted by the City Council at their
regular meeting on February 19, 2013; and the development anticipated in the Village
Build -Out Plan; 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
did make the following mandatory findings to justify adoption of said Zoning
Ordinance Amendment:
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 2 of 16
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. CHAPTER 9 shall be amended, as written in Exhibit A attached hereto.
SECTION 2_ The proposed zoning 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). That the City Council has reviewed and considered
the Environmental Impact Report for the Village Build -Out Plan (SCH #2015101019),
and by adoption of Resolution 2016-052, has adopted Findings and a Statement of
Overriding Consideration and certified the EIR.
SECTION 3. That the City Council does hereby approve Zoning Ordinance
Amendment 2016-0005, as set forth in attached Exhibit "A" 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
this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 3 of 16
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 3rd day of January 2017 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Mayor Evans
NOES: None
ABSENT: Council Members Radi, Sanchez
ABSTAIN: None
r
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
5tt� 6A*d4'__�
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 4of16
EXHIBIT A
9.65. Deleted in its entirety
9.70.100 Village Commercial District
A. Purpose. The purpose of the Village Commercial District is to develop The
Village area as a year-round commercial, residential and recreational
location, serving residents and guests of the greater La Quinta community;
to promote development standards to accommodate projects and activities
which will provide goods, services and housing; 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.
B. 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.
C. 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.
9.70.110 Village Build -Out Plan Area
A. Purpose. The Village Build -Out Plan Area is the area depicted in the map
below. The purpose of the Village Build -Out Plan Area is to promote
development and redevelopment of the Village by providing development
standards that encourage the implementation of Mixed Use projects,
pedestrian scale development and connectivity, and economic growth.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 5 of 16
of
a
of
LLj
0
Lu
(n
SOTH AVE
Jr
TAMPICO
AVENUE 52
Village Build -Out Plan Area
z
C.
The Village Build -Out Plan Area is planned to contain the following build out
assumptions. Although the market will dictate the actual intensities that are
developed, this Table will be used by the City to monitor development activity.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 6 of 16
Build -out Assumptions by Area
Build -out Area Assumptions'
Ground floor
East of
commercial and
Bermudas
residential above
50% res @20du/ac and
50% @25 du/ac
West of
Ground floor
Navarro
commercial and
50% 920du/ac and
50% @25 du/ac
Between
Ground floor
Navarro and
commercial and
Bermudas
residential above
100% @25du/ac
Existing/Future
Residential
Existing: 3 du
Future: 399 du
Total: 402 du
Existing: 23 du
Future: 130 du
Total: 153 du
Existing: 6 du
Future: 59 du
Total: 65 du
North of Calle
Ground floor
Existing: 251 du
Tampico
commercial and
plus 290 hotel
residential above
rooms
100% @30 du/ac
Future: 613 du
Total: 864 du
Misc Lots'/z
_
2-story buildings
Existing: 1 du
acre of less
Commercial only, no
Future: 0 du
residential
Total: 1 du
TOTAL
Existing:284 du
Future: 1,198 du
Total: 1,482 du
Source: City of La Quints Village Build -out Plan Land Use Data, August 2015.
Notes:
Existing/Future
Non Res (sq ft)3
Existing: 22,825
Future: 302,531
Total: 343,356
Existing: 7,200
Future: 21,800
Total: 29,000 sq ft
Existing: 11,000
Future: 45,410
Total: 56,410
Existing: 98,500
Future: 346,465
Total: 444,965
Existing: 12,400
Future: 92,580
Total: 104,980
Existing: 151,925
Future: 808,786
Total 960,711
1. Assumes new dwelling units will be developed over commercial uses, in multiple story
buildings.
2. Assumes the existing dwelling units will remain in place.
3. Assumes that some existing non-residential buildings will be replaced with new buildings.
B. Development Standards. Projects in the Village Build -Out Plan Area are
encouraged to implement the standards and incentives of Section 9.140.090,
the Mixed Use Overlay. If the Mixed Use Overlay is not implemented, projects
proposed within the Village Build -Out Plan Area shall be subject to the
development standards in the underlying zone contained in Table 9-6, with the
following exceptions.
a. The maximum density allowed in the Build -Out Plan Area is 25 units per acre
south of Calle Tampico, and 30 units per acre north of Calle Tampico.
b. The maximum building height is 45 feet. Any proposed building height over
45 feet requires conditional use permit approval and shall not exceed a
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 7 of 16
maximum building height of 60 feet. Building heights proposed above 45
feet must support the purpose and intent if the Village Build -Out Plan and
be compatible with surrounding development and design. Any development
proposal that exceeds 45 feet shall relate to adjacent single family
residential districts by stepping down the scale, height, and density of
buildings at the edges of the project adjacent to less intense development.
Buildings at any height cannot be monolithic, and must include variations in
vertical planes, view corridors or openings or other features to reduce the
mass and scale of structures.
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.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 8 of 16
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
(ft.)1, 6, 7
45
Maximum number of stories
4
2
3
2
3
3
3
n/a
Maximum floor area ratio
(FAR)
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 PR,
-OS and GC
50/10
50/10
50/10
30/155
30/155
30/155
30/155
districts'
10/0
Minimum setback from
interior property lines within
0
0
0
0
0
0
0
0
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 and projects in the Village Build -Out Plan Area are exempt
from this requirement.
2 EAR means the gross floor area of all buildings divided by the building site area.
3 See General Plan Exhibit II-4.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 9 of 16
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 9.100.050).
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.
' Except in the Village Build -Out Plan Area, where the provisions of 9.70.110 shall apply.
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.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 10 of 16
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.
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
CR
CP
CC
CN
VC
CT
CO
Maximum Height
60 feet
45 feet
40 feet
3 5 feet
45 feet*,**
55 feet
55 feet
* In the VC underlying district, when a minimum of the required parking spaces are
located beneath the principal mixed use structure, the number of stories shall be
measured from the finished floor of the building's ground floor and shall not include the
parking level.
** Building height from 46 to 60 feet may be permitted with approval of a CUP. See
Section 9.70.110.
8. Floor Area Ratio (FAR). Mixed Use projects are exempt from the floor
area ratio requirements of the underlying district.
9. The first (ground) floor of a multi -story Mixed Use project located within
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
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 11 of 16
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 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.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 12 of 16
21. Special attention shall be given to the use of aesthetic treatments, such
as colored/textured paving or decorative gates, that contribute to the
overall image and connectivity of the development.
22. New Mixed Use development shall relate to adjacent single family
residential districts in the following ways:
a. By stepping down the scale, height, and density of buildings at the
edges of the project adjacent to less intense development. Step the
building down at the ends or sides nearest a single family unit, to a
height similar to that of the adjacent single family unit (or of typical
single family residences in the vicinity if adjacent to an undeveloped
single family zoning district).
b. By incorporating architectural elements and materials that are
similar to those used in the neighborhood.
c. By locating parking areas within the project interior or at the side or
back when necessary to achieve the "residential front yard"
appearance.
d. By avoiding, wherever feasible, the construction of walls on local
streets in existing neighborhoods where the wall would be located
opposite front yards.
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.
9.150.050 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.
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 13 of 16
B. In the Village Build -Out Plan Area, a reduction of 50% is allowed, and any
variation of the parking standard can be approved by the Director. No
additional off-street parking is required for a change in nonresidential use.
Development projects must demonstrate that they can provide all of the
parking for residential development on -site, and a minimum of half the
required spaces for commercial development on -site. Parking spaces required
but not provided on -site can be provided through the preparation of a parking
plan that can include:
a. Use of on -street parking spaces immediately adjacent to the project.
b. A shared parking agreement with adjacent property owner.
c. A fair share contribution to the In Lieu fee program.
d. An allocation of surplus parking spaces from ninety percent of the
Village Parking Study parking supply at high season peak, as annually
updated by the City, if on -site parking provided for non-residential land
use on the project site is contractually dedicated as public shared
parking, and signage is provided to allow public parking on the project
site.
e. Other methods approved in a Site Development Permit.
C. Alternative Methods. Section 9.150.060 specifies the standard number of
parking spaces required for most land uses. This schedule is required unless
the applicant ,can show to the satisfaction of the city decision -making
authority that it does not apply. Other alternative methods herein below
may then be employed to determine the required parking spaces:
1. A recognized authority's shared parking methodology for calculating the
peak demand over time for parking in a development of mixed uses
using the same parking facilities as specified in Section 9.150.070;
2. A city methodology for calculating the parking demand for extremely
complex or unusual uses or combinations of uses for which the standard
schedule, a recognized authority's methodology and/or verifiable data
are not applicable. Some or all of the following factors may be utilized in
this methodology: expected numbers of occupants, employees,
customers or visitors, vehicles stationed on the site, service and loading
spaces required, handicapped spaces required, emergency access
considerations and use of parking by unauthorized vehicles.
D. Parking In -Lieu Program. The city may permit required parking spaces in the
Village Build -Out Plan Area to be reduced through execution of a parking
agreement, subject to the following requirements:
1. A binding agreement, recorded against the property, between this city
and the property owner. The agreement shall contain, at a minimum, all
of the following:
a. The agreement shall be binding upon the parties thereto, their heirs,
successors and assigns, and shall run with the land;
b. A payment schedule with a payment period not exceeding four years.
If an assessment/benefit or parking improvement district is
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 14 of 16
established, the obligation of the property owner shall become due
and payable under the terms of such district;
c. A cash mitigation payment. The amount per space shall be
established as determined by the planning and public works divisions,
plus an inflation factor. The amount will be calculated at the time of
agreement execution.
2. An irrevocable offer from the property owner to participate in any future
assessment/benefit or parking improvement district that may be formed
in the VC or MU overly districts.
3. The money collected may be released to a city -created parking
assessment/benefit or parking improvement district, or may be used in
the furtherance of general parking improvements in the VC or MU
overlay districts, at the option of the city. Any financial obligation issued
against such property shall be reduced accordingly to the amount of
mitigation money paid at the time of the district formation.
4. The property owner shall secure the mitigation payment by providing the
city with a second deed of trust in the amount of the total mitigation
payment.
E. Incentive Based Parking Adjustments. In all districts, the following may
result in a reduction in parking spaces of up to 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.
9.200.080 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a development review permit
shall begin on the permit's 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:
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 15of16
1. In the case of a development review permit where ministerial permits
are required, such permits have 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.
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).
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.
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. 538 § 6, 2016; Ord. 489 § 1,
2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
Ordinance No.553
Amendment to Title 9 Zoning - Village Build -Out Plan
Adopted: January 3, 2017
Page 16 of 16
STATE OF CALIFORNIA )
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. 553 which was
introduced at a regular meeting on the 20th day of December, 2016, and was adopted
at a regular meeting held on the 3rd day of January, 2017 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.
SUSAN MAYSELS, City Cler
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 January 5, 2017, pursuant to Council
Resolution.
"zis2e,_ AMW_f���
SUSAN MAYSELS, City Clef
City of La Quinta, California