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ORD 361 ORDINANCE NO. 361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 9 (ZONING CODE) AND TITLE 13 (SUBDIVISION REGULATIONS) OF THE MUNICIPAL CODE. ZONING CODE AMENDMENT 2001-070 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21,t day of August, 2001, hold a duly noticed Public Hearing to consider a Zoning Code Amendment regarding revisions to Title 9 (Zoning Code) and Title 13 (Subdivision Regulations); and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 24th day of July, 2001, hold a duly noticed Public Hearing to consider revision to Municipal Code Title 9 (Zoning Code) and Title 13 (SUbdivision Regulations) within the City of La Quinta; and, WHEREAS, said request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the project could not have any significant adverse effect on the physical environment; therefore, the project is exempt pursuant to CEQA Guidelines Section 1 5061 (b)(3); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested person desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify the recommendation for approval of said Zoning Code Amendment. 1. The proposed revisions will not adversely affect the planned development of the City as specified by the General Plan for the City of La Quinta because the regulations provide requirements which work in concert with and enhance the community. 2. The proposed Amendment would not be detrimental to the health, safety, and welfare of the City in that they are only procedural changes. NOW, THEREFORE BE IT RESOLVED by the City Co~ncil of the City of La Quinta, California that it does ordain as follows: Ordinance No. 361 Noticing Requirements Adopted: September 21, 2001 Page 2 SECTION 1. Title 9 (Zoning Code) and Title 13 (Subdivision Regulations) of the La Quinta Municipal Code are hereby amended for the reasons set forth in this Ordinance and as setforth in Exhibit "A" attached hereto. SECTION 2. ENVIRONMENTAL. Said Zoning Ordinance Amendment request has been determined to be exempt from the California Environmental Quality Act pursuant to Section 15061. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED this 21,t day of August, 2001 by the following vote' AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES' None ABSENT: None ABSTAIN: None ~iOt ornia ATTEST- I~EEK, CMC, City Clerk City of La Quinta, California (City Seal) Ordinance No. 361 Noticing Requirements Adopted: September 21, 2001 Page 3 APPROVED AS TO FORM: M.ZKA~HERIN~ JENSON, City~'~torney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, 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. 361 which was introduced at a regular meeting on the 21sT day of August, 2001, and was adopted at a regular meeting held on the 1 8th day of September, 2001, 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 a Resolution of the City Council. JUN~EEEK, CMC,' Cit~rr ~, City of La Quinta, California ZONING CODE AMENDMENT 2001-070 EXHIBIT "A" September 18 REVISE - Section 9.50.090 A.1 - As a part of the Building and Safety Department plan check for residences in the RC zone district, the Community Development Department shall review the submitted plans and visit proposed site to ensure that the architectural features of the front elevation of the proposed residence has design features that vary from other residences within two hundred feet on the same street, and cross street if the lot is on a corner. DELETE- SECTION 9.50.090 B. - Building Design Guidelines-Multiple Approvals. DELETE - SECTION 9.50.090 C. - Cove Residential Design Application Procedures. REVISE - SECTION 9.60.030 C.3.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. DELETE SECTION 9.60.030 C.4. ADD - SECTION 9.60.030 C.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. ADD- SECTION 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. Ordinance No. 361 Noticing Restrictions Adopted: September 21, 2001 Page 2 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). 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. REVISE- SECTION 9.60.070 B.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. Ordinance No. 361 Noticing Restrictions Adopted: September 21, 2001 Page 3 ADD- SECTION 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 5,000 square feet or less, said 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. ADD - SECTION 9.60.1 60 Outdoor Lighting. 3. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties and shall comply with Section 9.100.1 50 (Outdoor Lighting). REVISE- SECTION 9.60.240 E.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 30 inches within the following triangular areas described in Subsection a. and b.: 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. Ordinance No. 361 Noticing Restrictions Adopted: September 21, 2001 Page 4 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 12-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. REVISE - SECTION 9.60.250 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 $1000.00 cash deposit that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit or discontinuation of the use the permit is approved for. REVISE- SECTION 9.60.300 1.1. 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. REVISE- SECTION 9.65.030 A. 1 1. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the guidelines and the proposed project characteristics. a. Setbacks along front, side, and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side-loading commercial space, stairwells, or through-access between front and rear of the building(s). b. Projects with any retail commercial components shall maintain a minimum ten-foot landscaped setback from any RVL, RL or RMH zoned properties. Ordinance No. 361 Noticing Restrictions Adopted: September 21, 2001 Page 5 c. No utility equipment shall be allowed above ground in the right-of-way. Such equipment shall be integrated into the footprint of the proposed building. REVISE- SECTION 9.65.030 A.3 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following consideration: · . a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC zoning district, variations to any parking standards can be approved. REVISE SECTION 9.65.040. D. D. Village Use Permit Requirements. All new development proposals in the Village Commercial District shall be required to file an application for a village use permit. A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Village use permits shall be subject to review by the planning commission as a public hearing. DELETE- SECTION 9.65.040. D.2.3. REVISE- SECTION 9.65.040.E. Any proposal in the VC zoning district without prior Village Use Permit approval determined as not meeting the criteria in Subsection D of this Section shall be subject to review by the Community Development Director. 1. Administrative approval may be given by the Community Development Director for any building additions and/or exterior - building, architectural design and site modifications that are determined by the Community Development Department to implement the concepts set forth in "The Village at La Quinta Design Guidelines" The Community Development Director may refer the project to the Planning Commission. Ordinance No. 361 Noticing Restrictions Adopted: September 21, 2001 Page 6 2. Additions and exterior building and site modifications that do not fall under Subsection 1 above, shall be approved by the Planning Commission as a public hearing under the Village 'Use Permit process. DELETE SECTION 9.65.040.E.3 REVISE SECTION 9.65.040.G. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this title. DELETE - SECTION 9.100.150.G.3 - Illuminated Awnings REVISE- Table 9-11 of Section 9.150.060 TABLE 9,11' PARKING FoR RESIDENTIAL LAND USES Minimum Off-Street Parking AdditiOnal ReqUirement Requirements Single family detached, single family attached and duplexes. REVISE- SECTION 9.150.080 B.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. ADD - SECTION 9.1 60.100 Prohibited Signs. 24. Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy. REVISE - SECTION 9.200.110 D. - Noticing Requirements. Not less than ten (1 O) days prior to hearing. The City shall: DELETE - SECTION 1 3.1 2.170 - Recordation of Conditions of Approval.