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ORD 133 ORDINANCE NO. 133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE, TITLE 9, PLANNING AND ZONING, BY INSERTING THREE NEW CHAPTERS: CHAPTER 9.90 "C-V (COMMERCIAL VILLAGE) ZONE"; CHAPTER 9.50 "R-V (RESIDENTIAL VILLAGE) ZONE"; AND CHAPTER 9.183 "DESIGN REVIEW"; AND BY AMENDING TWO CHAPTERS: 9.180 "PLOT PLANS" AND 9.182 "RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLOT PLANS" WITH THE INSERTION OF REFERENCES TO DESIGN REVIEW. The City Council of the City of La Quinta does ordain as follows- SECTION 1. ADOPTION OF CHAPTER 9.90, "C-V (COMMERCIAL VILLAGE) ZONE". The La Quinta Municipal Code, Title 9, PLANNING AND ZONING, is hereby amended by the insertion of a new Chapter 9.90, "C-V (Commercial Village) Zone", attached hereto as Exhibit Al, the content of which is presented in the following sections- 9.90.010 GENERALLY 9.90.015 PURPOSE 9.90.020 PERMITTED USES 9.90.030 ACCESSORY USES PERMITTED 9.90.040 COMMERCIAL PLOT PLAN REVIEW REQUIRED 9.90.050 DESIGN REVIEW REQUIRED 9.90.060 GENERAL DEVELOPMENT STANDARDS 9.90.070 SUBZONES: PURPOSES, PERMITTED USES, AND SPECIFIC DEVELOPMENT STANDARDS 9.90. 071 C-V-C "CORE" SUBZONE 9.90. 072 C-V-P "PARK" SUBZONE 9.90. 073 C-V-S "SOUTH" SUBZONE 9.90. 074 C-V-N "NORTH" SUBZONE SECTION 2. ADOPTION OF CHAPTER 9.50, "R-V (RESIDENTIAL VILLAGE) ZONE". The La Quinta Municipal Code, Title 9, PLANNING AND ZONING, is hereby amended by the insertion of a new Chapter 9.50 "R-V (Residential Village, Single- and Multi-Family Dwellings and Supportive Uses) Zone" the content , attached hereto as Exhibit A2, of which is presented in the following sections: 9.50.010 GENERALLY 9.50.015 PURPOSE 9.50.020 PERMITTED USES 9.50.022 CONDITIONAL USES 9.50.025 DENSITIES 9.50.030 BUILDING HEIGHT LIMITS 9.50.040 REQUIRED LOT AREA Q_ q~_ ~q~ VA~ ~~TTT~~N~ 9.50. 080 AUTOMOBILE STORAGE SPACE 9.50.085 PEDESTRIAN WAYS 9.50.090 DESIGN STANDARDS SECTION 3. ADOPTION OF CHAPTER 9.183 "DESIGN REVIEW". The La 441 _ VILLAG : ZONING ORDINANC LO 0 (_~ INCOmmOdeD OF 493 CONTENTS NEW CHAPTERS: 9. 183 DESIGN REVIEW 9.183.010 GENERALLY 9.183.020 PURPOSE 9.183.030 REFERENCE FILE OF DESIGN REVIEW REQUIREMENTS AND STANDARDS 9. 183 . 040 DESIGN REVIEW BOARD 9. 183 . 050 DESIGN REVIEW PROCEDURES 9. 183. 060 DESIGN REVIEW STANDARDS 9. 183. 070 FILING FOR DESIGN REVIEW 9. 183. 080 FEES 9. 183 . 090 COMPLIANCE 9.50 R-V ZONE 9 · 50 · 010 GENERALLY 9.50 . 015 PURPOSE 9.50. 020 PERMITTED USES 9.50. 022 CONDITIONAL USES 9.50.025 DENSITIES 9.50. 030 BUILDING HEIGHT LIMITS 9.50. 040 REQUIRED LOT AREA 9 · 50 · 050 YARD REQUIREMENTS 9 . 50 . 060 IX)T COVERAGE PERMITTED 9.50.070 DISTANCE REQUIRED BETWEEN MAIN BUILDINGS 9.50 . 080 AUTOMOBILE STORAGE SPACE 9 . 50. 085 PEDESTRIAN WAYS 9.50 . 090 DESIGN STANDARDS 9.90 C-V ZONE 9 . 90 . 010 GENERALLY 9.90. 015 PURPOSE 9.90. 020 PERMITTED USES 9.90. 030 ACCESSORY USES PERMITTED 9.90.040 COMMERCIAL PLOT PLAN REVIEW REQUIRED 9.90. 050 DESIGN REVIEW REQUIRED 9.90.060 GENERAL DEVELOPMENT STANDARDS 9.90. 070 SUBZONES: PURPOSES, PERMITTED USES, AND SPECIFIC DEVELOPMENT STANDARDS 9.90. 071 C-V-C "CORE" SUBZONE 9.90. 072 C-V-P "PARK" SUBZONE 9 · 90 · 073 C-V- S "SOUTH" SUBZONE 9 · 90 · 074 C-V-N "NORTH" SUBZONE AMENDED CHAPTERS: 9.180 PLOT PLANS 9.180.030 APPLI CATIONS 9 · 182 RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLOT PLANS 9. 182. 050 REQUIREMENTS FOR APPROVAL 494 49'1 CHAPTER 9.183 DESIGN REVIEW SECTIONS: 9.183.010 GENERALLY 9.183.020 PURPOSE .~ ~ 9.183.030 REFERENCE FILE OF DESIGN REVIEW REQUIREMENTS AND O STANDARDS ~ 9.183.040 DESIGN REVIEW BOARD _ ~[ 9.183.050 DESIGN REVIEW PROCEDURES 9.183.060 DESIGN REVIEW STANDARDS 9.183.070 FILING FOR DESIGN REVIEW 9.183.080 FEES 9.183.090 COMPLIANCE 9.183.010 GENERALLY. The requirements and procedures presented in this Chapter shall apply to all applications for plot plans, as described in Chapters 9.180 and 9.182, for which design standards have been adopted. Design standards may be adopted by specific plan, by special zoning, by specific use or type of construction, by location, or by type of application. 9.183.020 PURPOSE. Design Review is the pre-approval technical review of proposed development plans. Plans are compared to adopted standards and criteria. Standards relate to design concerns which have visual and functional impacts on the property and its users and visitors, on adjacent properties, on the neighborhood, on public use areas, and on the City as a whole. The purposes of Design Review are as follows: A. To foster attainment of those sections of the Citv's General Plan and 192 the city and its harmonious development, through encouraging private and public interests to assist in the implementation process; B. To assure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and other public structures and spaces shall be supported by the exercise of reasonable controls over private property development with regard for the character and design of buildings, open spaces, street landscaping, etc. C. To encourage development of private property in harmony with the desired character of the community and in conformance with the guidelines herein provided with due regard to the public and private interests involved; D. To recognize the interdependence of community values and good design and to provide a method by which the City may implement this interdependence to its benefit. 9. 183. 030 REFERENCE FILE OF DESIGN REVIEW REQUIREMENTS AND STANDARDS A. The Planning Director shall compile and keep up-to-date a reference file of design review requirements and standards. B. The reference file shall be kept available for public inspection, and a copy of the file shall be provided to each member of the City Council, Planning Commission and the Design Review Board. C. The reference file shall contain, at a minimum, the following material: 1. A list of all matters which require design review, such as specific plans, special zones, specific uses or types of construction, locations, types of applications, or other regulations; 2. A list of all material which specifies the design content of the design review process, such as adopted design _ 3. A map illustrating the locations of any specific plans, special zones, or other areas requiring design review which have a locational aspect. 9.183.040 DESIGN REVIEW BOARD A. Design Review Board Established. Pursuant to this Chapter, there is created a Design Review Board. .. B. The Design Review Board shall serve in the capacity of an advisory body to the Planning Commission, following the Design Review Procedures described in Section 9.183.050. C. Members of the Design Review Board shall be appointed, replaced, removed, or reappointed by the City Council. D. Membership of the Design Review Board shall consist of seven members having the following qualifications- 1. A minimum of two, up to a maximum of four, members shall be architects; 2. A minimum of two, up to a maximum of four, members shall be either landscape architects, engineers, or professionals in commercial art or graphic design; and 3. One member shall be a member of the Planning Commission, assigned to serve on (but not Chair) the Design Review Board for a one-year period (rotating among the Planning Commission Members). The assigned Planning Commissioner may designate an alternate Commissioner to attend a particular meeting in the Commissioner's absence. E. Appointments for non-Planning-Commission members shall be for two-year periods, except that the initial appointments shall be staggered for one- and two-year periods. F. A quorum for the Design Review Board shall consist of the Planning Commissioner (or alternate) plus three other members present. Actions may be taken by a major,tv G. The Design Review Board shall hold regular meetings as needed at least one week prior to the Planning Commission meeting date. Special meetings may be called as necessary. H. In order to facilitate compliance with the processing requirements of the Permit Streamlining Act, the deliberations of the Design Review Board shall have the following time limit for preparing its recommendation on any particular application- six days preceding the date upon which the application is advertised and agendized for the Planning Commission. For any applications upon which a recommendation has not been adopted, the Design Review Board may request from the Planning Commission a continuance and a referral. The Planning Commission may decline to continue and refer any item back to the Design Review Board. I. The Design Review Board shall establish rules of procedure, which may be amended from time to time. J. The Planning Director, or his designee, shall serve as staff support and recording secretary for the Design Review Board. 9. 183 . 050 DESIGN REVIEW PROCEDURES A. Single-family detached residential structures: The design aspects of individual plot plan applications shall be reviewed and approved, approved with conditions, modified, or denied by the Planning Director, subject to the options for Staff referral or Applicant appeal to the Planning Commission. The Planning Commission may refer design questions to the Design Review Board for an advisory finding and recommendation. B. Multi-family residential structures from duplexes up to 24 units- 1. The design aspects of plot plan applications shall be reviewed and approved, approved with conditions, modified, or denied by the Design Review Board, subject to adoption of the decision by the Planning Commission . . · 459 the Design Review Board to the Planning Commission by means of the following procedure. 2. Before the Consent Agenda is adopted, the Applicant shall make known to the Planning Director his intention to appeal. The matter shall then be removed from the Consent Agenda and scheduled for the next agenda as a Business Item. At the next meeting, the appeal shall be presented by the ~ Applicant, discussed by the Plannin~ tO Commission, and the appeal will then be ~ upheld, modified, or denied. ~ C. Multi-family residential structures of 25 or more units and all non-residential projects: ~[ The design aspects of plot plan applications shall be reviewed by the Design Review Board. The Board shall develop and adopt findings and a recommendation to the Planning Commission to approve, approve with conditions, modify, or deny the design of the project. The Planning Commission shall -- consider the recommendation of the Design Review Board at the regularly-scheduled meeting for which the plot plan has been a~endized, and shall adopt, adopt with modifications, or decline to adopt the recommendation of the Design Review Board. D. Other Plans: The design aspects of other plans such as specific plans, specific plan amendments, tentative tracts, typical housing products, and other similar "pre-plot-plan" applications may be referred for review to the Design Review Board. Findings and recommendations shall be forwarded to the Planning Commission, along with all other technical review results. E. The Planning Commission may refer back to the Design Review Board any modifications of the design proposed by the Applicant or the Planning Commission for an amended recommendation. F. Design Details: After Planning Commission -- approval of a plan, the Commission may delegate to the Design Review Board the review and aDDrnv~ ] nf ml ,n~ ~:~ ~- 460 Planning Commission on their next Consent Agenda, and also subject to appeal by the Applicant to the Planning Commission (following the procedure in B.2., above). G. Appeal of Planing Commission Decisions- Any action of the Planning Commission with regard to design review may be appealed to the City Council pursuant to Section 9.182.080 APPEALS. 9.183 . 060 DESIGN REVIEW STANDARDS ., Design Review Standards shall be developed and adopted and/or amended by a Resolution of Council upon a recommendation of the Planning Commission. 9.183.070 FILING FOR DESIGN REVIEW A. Each Design Review requirement will specify the standards and criteria to be used. Forms and checklists of required information will be specified by the Planning and Development Department. Submissions for Design Review shall be filed on the appropriate forms and contain the required information and supportive material as specified for each Design Review requirement. 9. 183. 080 FEES. Each application submitted which involves Design Review or Appeal shall be accompanied by the fee for such review or appeal as specified in a schedule of fees adopted by City Council to recoup the costs of such reviews or appeals. 9.183.090 COMPLIANCE. A. Each plan reviewed and approved by the Design Review process (including Planning Director, Design Review Board, and Planning Commission) shall be constructed, installed, landscaped, and maintained as approved. B. Deviation from approved plans shall be submitted to the Planning Director for a determination as to whether the deviation is substantial. If not substantial, the deviation, if approved, will be noted and initialed on file plans. $! C. If the deviation is determined to be substantial, the plans shall be returned to the original design review procedure to re-review the deviation and its effect on the remainder of the design approval. Because of design interdependence, other design amendments may be required to compensate for the deviation. If the substantial deviation is approved, file plans will be amended by the Applicant to reflect the changes approved ~ and/or required. ~ 52 CHAPTER 9.50 R-V ZONE (RESIDENTIAL-VILLAGE SINGLE AND MULTI-FAMILY DWELLINGS AND SUPPORTIVE USES) SECTIONS: 9.50.010 GENERALLY 9.50.015 PURPOSE 9.50.020 PERMITTED USES 9.50.022 CONDITIONAL USES 9.50.025 DENSITIES 9.50.030 BUILDING HEIGHT LIMITS 9.50.040 REQUIRED LOT AREA 9.50.050 YARD REQUIREMENTS 9.50.060 LOT COVERAGE PERMITTED 9.50.070 DISTANCE REQUIRED BETWEEN MAIN BUILDINGS 9.50.080 AUTOMOBILE STORAGE SPACE 9 . 50 . 085 PEDESTRIAN WAYS 9.50. 090 DESIGN STANDARDS 9.50.010 GENERALLY. The requirements set out in this Chapter shall apply to all uses and structures in the Residential-Village (R-V) Zone. 9.50.015 PURPOSE. The Residential-Village (R-V) Zone has, as its purpose, the implementation of relevant portions of the Village Specific Plan. The R-V Zone is designed to provide single-family and m~lti-familv r~d~n~] ~~ ,,~~ ~ which contribute to the arts theme of the Village, and to provide special opportunities for off-site parking and pedestrian ways which support the pedestrian-oriented nature of the Village. 9.50.020 PERMITTED USES. Permitted uses in the R-V Zone shall be as follows: A. Single-family detached dwellings, which shall comply with requirements and standards of the Special Residential (SR) Zone (Chapter 9.42). B. All other residential uses at densities designated pursuant to Section 9.50.025 (including a variety of housing types, single-family attached, duplexes, triplexes, quadruplexes, townhouses, and other multi-unit dwelling groups), which shall comply with requirements and standards of this Chapter. C. Uses accessory to residential primary uses- 1. Artist's studios for personal artistic production (but not including commercial presentation or sale to the public on-site), with no employees other than family members or artistic models. Studios may be attached to dwelling units or detached. 2. Studios or galleries on the ground floor wherein are shown and offered for sale to the public the artistic products of residents of the building in which the studio or gallery is contained. (Signs for such studios or galleries, not exceeding two square feet, one per studio or gallery, affixed to the building or door, may be permitted.) 3. Off-street on-site parking for residential uses and customers of studios/galleries. 4. On-site signs, affixed to building walls, stating the name of the residential structure, complying with Section 9.212.120 SIGN REGULATIONS. 9.50.022 CONDITIONAL USES. Parking lots for non-residential uses off-site within a reasonable standards, granted by Conditional Use Permit pursuant to Chapter 9.172 CONDITIONAL USE PERMITS. 9.50.025 DENSITIES. The dwelling-units-per-acre densities for residential uses may range from Low Density (2-4 du/ac) to High Density Residential (12-16 du/ac), as may be designated in the General Plan, and shall be indicated (in terms of minimum average square footage per unit) for each zoning district on the adopted Zoning Map. 9.50.030 BUILDING HEIGHT LIMIT. ~For all uses other than single-family-detached residential, the building height limit in the R-V Zone shall be two stories, up to 30 feet. Single-family-detached residential on individual lots in a High Density Residential area may also extend to two stories, up to 30 feet in height. 9.50.040 REOUIRED LOT AREA. The required minimum lot area in the R-V Zone shall be 7,200 square feet, or as otherwise provided by planned development approvals, pursuant to section 9.148 PLANNED RESIDENTIAL DEVELOPMENTS. 9.50.050 YARD REOUIREMENTS. Yard requirements for the R-V Zone shall be as follows: A. Front yard- twenty feet. B. Internal side yard: five feet. C. External side yard: ten feet. D. Rear yard- ten feet. 9.50.060 LOT COVERAGE PERMITTED. In no case shall more than 65 percent of any lot be covered by buildings. 9.50.070 DISTANCE REOUIRED BETWEEN MAIN BUILDINGS. No two-story main building shall be closer than 15 feet to any other main building on the same lot and no one-story building shall be closer than 10 feet to any other one-story main building on the same lot. 9.50.080 AUTOMOBILE STORAGE SPACE. Automobile storage space shall be provided as required by Chapter 9.160 of this title, and shall comply with design standards of the Village as described in the Village Specific Plan and Chapter 9.183 DESIGN REVIEW. Parking lots shall provide pedestrian ways, 9.50.085 PEDESTRIAN WAYS. Ail development (other than single-family detached residential units on individual lots) in this Zone shall provide a paved pedestrian walkway along the front and side rights-of-way. Where space is available within the right-of-way between the edge of the ultimate pavement width and the right-of-way line, the pedestrian walkway shall be placed within the right-of-way; otherwise, a pedestrian walkway easement shall be provided by the development. Walkways shall be in such locations, at such widths, and paved with such materials as are determined for public safety by the City Engineer. 9.50.090 DESIGN STANDARDS. A. All structures and uses in the R-V Zone (other than single-family detached residential on individual lots) are subject to the Village design review standards and procedures, pursuant to Section 9.183 DESIGN REVIEW. B. Single-family detached residential structures on individual lots shall conform to S-R (Special Residential) Zone standards (Chapter 9.42), except those occurring in a Medium High Density (8-12 du/ac) area or a High Density (12-16 du/ac) area, in which case, heights may be two stories, up to 30 feet. CHAPTER 9.90 C - V ZONE (COMMERCIAL VILLAGE) SECTIONS: 9.90.010 GENERALLY 9.90.015 PURPOSE 9.90.020 PERMITTED USES 9.90.030 ACCESSORY USES PERMITTED 9.90.040 COMMERCIAL PLOT PLAN REVIEW REQUIRED 9.90.050 DESIGN REVIEW REQUIRED 9.90. 060 GENERAL DEVELOPMENT STANDARDS 9.90. 070 SUBZONES- PURPOSES , PERMITTED USES , AND SPECIFIC DEVELOPMENT STANDARDS 9.90. 071 C-V-C "CORE" SUBZONE 9.90-072 C-V-P "PARK" SUBZONE 9.90.073 C-V-S "SOUTH" SUBZONE 9.90. 074 C-V-N "NORTH" SUBZONE 9 . 90.010 GENERALLY. A. The C-V (Commercial Village) Zone is a plan-specific Zone. The adopted Village Specific Plan (VSP)*, together with the following sections of this C-V Zone (and all other chapters and sections cited herein), must be considered and used as if the VSP were itself included in the text of the C-V Zone. To avoid repetition and re-adoption of the provisions of the VSP, the following chapters ..... of the Village Specific Plan should be considered to be incorporated by reference in the C-V Zone: 64 Chapter 5 "Development Guidelines Preamble" Chapter 6 "Development Guidelines" * SDecific Plan for the VillaGe at La Quinta, California, adopted February 2, 1988, will be referred to by the abbreviation "VSP". B. All development proposed to be conducted in the C-V Zone shall be designed and evaluated according to the Village Specific Plan. The C-V Zone provides the administrative framework within which this Plan is to be implemented. C. The regulations set out in this Chapter shall apply generally throughout the C-V Zone. In the respective Subzones, regulations providing further development guidance shall apply in each of the Subzone areas of C-V as set forth. 9.90.015 PURPOSE. A. The Village is the "downtown" of La Quinta. The Specific Plan for the Village at La Quinta helps create the focused "sense of place" for the continued evolution and development of this downtown. The purpose of the C-V Zone is to guide the development of the downtown in keeping with the Village Specific Plan by providing a structured variety for commercial (and limited residential) land uses and specific development standards. To capitalize on the locational trends already established, these land uses are arranged in particular patterns, mixes, and configurations in separate Subzones. To guide and support each pattern of land uses, particular development standards are also presented for each Subzone. In a complementary fashion, the four Subzones work together to establish an identifiable "place" for the provision of goods, services and housing. As a Commercial Zone, the Village is designed to serve four particular market segments: (1) residents of housing within, adjacent to, and within a reasonable distance of the Village; (2) residents and guests of the larger La Quinta community; (3) other commercial entities located within the Village commercial area; and (4) tourists and visitors to La Quinta. B. In providing the goods, services, and housing, oasis... (2) consistent with La Quinta's local historic architectural vernacular... (3) at a pedestrian scale... (4) with an arts theme. 9.90.020 PERMITTED USES. A. Uses which may be permitted in the C-V Zone are listed below, grouped into classes of similar uses, with examples. In each Subzone, the groups of uses specifically permitted in that Subzone are cited, together with any special expansions, exclusions, or qualifications of uses which are necessary to tailor the cited use group to the needs of that particular Subzone. Only uses specifically cited and/or modified for each Subzone are permitted in that Subzone. B. Examples are given for each group of uses to indicate the intent of each group. Lists of examples are not intended to be exhaustive. Other uses essentially similar to the examples should be considered permissible. However, a proposed use (even if listed in the examples), may be atypical in that it has a feature which has an impact out of character with the other uses listed, making the use also akin to another use group. Such atypical (or hybrid) uses shall be interpreted by the procedure described in C., below. The standard to be applied to such interpretations shall be as follows: a preponderance of similarities notwithstanding, one major difference, causin~ an impact not in keeping with the rest of the uses in the group, shall be sufficient to cause a proposed use to be classified with another use group having similar impacts. C. Interpretations shall be made by the Planning Director, in Administrative Hearing, subject to appeal to the Planning Commission. D. Village Commercial. Uses by group: Group 1. Single-family detached residential as the primary use; a. Uses and structures shall conform to SR (Special Residential) Zone requirements (Chapter 9.42). presentation or sale to the public on-site), with no employees other than family members or artistic models. Studios may be attached or detached. If detached, the studio square footage is not included in the required minimum dwelling unit square footage. (See 9.90.060 DEVELOPMENT STANDARDS, paragraph P.) Group 2. Multi-family as the primary use- single-family attached, duplexes, triplexes, quadraplexes, townhouses, garden apartments, and multi-family dwellings (including rooming, boarding, group home, and congregate nursing facilities) as the primary use; a. Uses shall conform to R-V ( Residential - Village ) Zone requirements (Chapter 9.50). b.. May include an artist's studio for personal artistic production (but not including commercial presentation or sale to the public on-site, except as provided in the R-V Zone -- Chapter 9.50), with no employees other than family members or artistic models. Studios may be attached or detached. (See 9.90.060 DEVELOPMENT STANDARDS, paragraph P.) Group 3. Residential as a secondary use: single-family or multi-family units as a secondary use incidental to a non-residential permitted primary use, physically placed above or behind the primary use(s). a. Residential uses must have independent exterior entry/exit, meeting all building codes for separation of residential and non-residential uses. b. May include an attached artist' s studio for personal artistic production as an a~~_~~rv ~.~ _ Group 4. Detached professional studio- a. Indoor, or combination indoor/outdoor work spaces, not attached to a dwelling unit, for professional, creative, artistic production; to include painting, drawing, sculpture, carving, ceramics and pottery, non-ferrous foundry, welding, brazing, kilns, photography, weaving, plastics, jewelry,-, gemstones, hand-built fine furniture, clay, wax, glass blowing and cutting, silk screening, stone cutting, set building, and costume production. Does not include presentation or sales to the public. Examples: studio, workroom b. Indoor-only space for composing, choreography, casting, rehearsing, arranging, recording or taping (but not performance before an audience) of music, dance, dramatic or comedic material. Examples: studio, practice room, rehearsal hall, recording room, soundstage, videostage c. May include instruction in the form of apprenticeship, tutoring, or classes not exceeding five students at any one time. d. May include employees (paid or volunteer) not exceeding five employees at any one time. (Performers for type "b" studios shall not be counted as "employees".) e. Must comply with 9.90.060 DEVELOPMENT STANDARDS. Group 5. Commercial guest lodging and associated uses- includes hotel, motel, and bed and breakfast houses not exceeding 25 rooms, conference rooms with combined seatina ca~a~itv no ¸6O convenience of guests, meals and beverages served to guests. Group 6. Offices- offices conducting business or providing a service, having no retail or wholesale sales, nor repair, nor servicing of goods on-site. Examples- business, insurance, real estate, medical, dental, chiropractic, ophthalmologist, audiology, podiatry, engineer, planner, surveyor, architect, landscape architect, title company, attorney, auto rental (with storage of autos limited to three within the Zone), bank, savings and loan, credit union, loan office, employment agency, library, secretarial and typing service, consultant, tourist information, travel agent, social service agency, bookkeeping, accounting, advertising service, writing service, limousine service (auto storage limited to two within the Zone), answering service, apartment or condo management or rental service, appraiser, office for association or organization, chamber of commerce, counseling, stock brokerage, financial analyst/advisor service, tax service, interior design. Group 7. Services and limited sales within offices: offices providing, in addition to the uses of Group 6, services which necessitate the incidental retail sale on-site of goods essential to the service. Examples- optician, clinic, lab in support of other services such as dental, medical, research and testing, hearing aid fitting service, dietician, caterer (not to include on-site production), pharmacy within medical complex. Group 8. Personal services- services with minimal impacts, including on-site retail sales of goods essential to the service, provided not in offices, but in work spaces resembling shops or stores. Does not include sale of motor fuels or Examples: barber or beauty shop, blueprint or duplicating service, tailor or alteration shop, cleaning and dyeing, laundry or laundromat, costume design studio, interior decorating service, post office, shoe and leather repair, shoeshine stand, watch or jewelry repair, picture framing or matting shop, package wrapping/packing/sending service, bicycle repair. Group 9. Food service: prepared foods sold for on-site consumption and/or carry-out, indoor and patio service, (no drive-in or drive-thru), no live entertainment, no alcoholic beverages. Examples- restaurant, sandwich shop, delicatessen, cafe, cafeteria, tea room, coffee shop, ice cream shop, yogurt shop, burger shop, pizza shop, ethnic foods, bakery shop, bagel shop, fudge or candy shop, vending machine food, health food bar, caterer with on-site production. Group 10. Food service plus other attractions: a. Prepared foods sold for on-site consumption, indoor and patio service (no drive-in, or drive-thru), plus one or more of the following additional features: 1) Alcoholic beverages served for on-site consumption only; 2) Live entertainment indoors. (Entertainment must be recurring or continuing during the evening, or be limited to a capacity of 30 tables. Food service facilities with only one show per evening and exceeding 30 tables are considered "dinner theaters" and fall into Group 11 uses); 3) Live or recorded 5) Recreational accessory uses such as pool or billiard tables, dart boards, coin-operated entertainment arcades, shuffleboard tables; 6) Television screen exceeding 35-inch diagonal measurement. b. Restrictions may be applied with regard to the following- ., 1) Hours of operation; 2) Noise volumes permitted at the perimeter of the property; 3) Capacity of area for service or entertainment; 4) Size of group providing the entertainment; 5) Acoustic versus electronic amplification. Examples: restaurant, cocktail lounge, bar and grill, night club, cafe, coffee house, pizza with wine and beer. Group 11. Public assembly: indoor assembly and entertainment facilities attracting large numbers and/or having short peak-use hours. Examples: auditorium, theater, dinner theater, ballroom, social hall, community center, club, bowling center, skating rink, large conference center seating more than 100 persons, recreation facility, gymnasium, field house, concert hall. Group 12. Classes- indoor class facilities for education, training, self- improvement, hobby, health, or vocation; all ages. (See 9.90.060 DEVELOPMENT STANDARDS, paragraph P.) Examples- instruction for art, cooking floral design, crafts, jewelry, leather making, quilting, weaving, knitting, day care, preschool, kindergarten, personal financial management, general adult education, business training, secretarial skills, drafting, landscaping, barber and beauty training, dance, music, swimming, scuba, sewing and tailoring, bartending, gardening, nursing, dental hygiene, electronics, small engine repair, home maintenance, creative writing, photography, management, sports and athletics, health, exercise and diet, philosophy and religion, hypnosis, tax preparation, language, child care skills. Group 13. Art display- indoor spaces for presentation (and possible sale) of works of art (painting, drawing, sculpture, carving, paper, fabric, metal, plastic, wood, clay, wax, mixed media, photographic art, handcrafted pottery, handcrafted jewelry, handcrafted glass, handcrafted fine furniture). a. Works of art must be original or limited-edition prints, reproductions, or castings. b. May include accessory art production space, workroom or studio enclosed or attached. c. May permit temporary outdoor display of art works in adjacent pedestrian areas for the enjoyment of pedestrians. Examples- gallery, studio, showroom, museum, art auction room, art consignment shop Group 14. Small goods sales or rental: retail sales and/or rental of "small" goods, i.e., goods which may be carried out by the customer or picked up or delivered by a one-ton pickup truck or smaller vehicle. a. Does not include the sale or travel trailers, R.Vs, motorhomes, campers, mobile homes, or any merchandise requiring outdoor display because of its size or weight. b. Includes new or used merchandise. c. Does not include lubricants, fluids, filters, belts, repair parts, or accessories for motorized~' vehicles. d. Includes repair and service of any items sold or rented, except that repair does not include dismantling for parts, repair of parts of motorized vehicles, or finishing, painting, refinishing, or repainting of any merchandise. e. Does not include sale of motor fuels. Examples: antiques, appliances, arts supply, baked goods, bicycle sales and rental, books, ceramics, clothing, candy, curios, novelties, food, department store, drug store, dry goods, flowers, meat, poultry, seafood, produce, gifts, hardware, hobby materials, watches, jewelry, liquor, wine and beer, music, newspapers and magazines, notions, pets and supplies, office supplies, shoes, sporting goods, stationery, tobacco, toys, radio, television, telephone, VCR sales and service, video sales and rental, office machines, furniture, lighting, home furnishings, cameras and photographic supplies, craft supplies, sick room, handicapped or prosthetic device sales and rental, athletic and recreation equipment and supplies, luggage and leather items, rental service for items used within the home (e.g., party supplies), bath shop, kitchen shop, bedroom shop, paint, wallpaper, carpet, draperies, blinds, flooring, ceilings, religious materials, formal wear, costume sales and rental, fashion studio, special hobbies or collections records, tapes, discs, imported goods, cutlery, perfume, soap, candles and other scented products. Group 15. Parking lots- off-street (on- or off-site) parking facilities, with associated pedestrian ways, meeting the development standards of the parking section, Chapter 9.160, and the design standards of the Village. E. Village Commercial Conditional Uses. Some uses are deemed desirable in the Village downtown for the convenience of the market segments listed in 9.90.015, but such uses have impacts which must be mitigated by conditions specific to each proposed use. Such uses shall be limited to the minimum number necessary to provide a convenience to the Village. A Conditional Use Permit granted for one use does not create a precedent for another; on the contrary, it should be considered grounds for declining to grant a second similar Conditional Use Permit. The following uses are permitted by Conditional Use Permit (pursuant to Chapter 9.172) in those Subzones where the uses are listed as permissible in that Subzone- 1. Retail sales of motor fuels or bulk pressurized flammable gases. 2. Service and repair of motorized vehicles, limited to personal automobiles, light trucks, and two-wheeled vehicles. 3. Retail sales of lubricants, fluids, filters, belts, repair parts, or accessories for motor vehicles. Such merchandise must be new or factory rebuilt, not used or salvaged. 4. Serving alcoholic beverages for on-site consumption in a food service use not otherwise allowing alcoholic beverages. 5. Providing "additional attractions" (live entertainment or large television, or outdoor entertainment, or a dance floor, or recreational accessory uses) in a 6. Exceeding a stated upper limit for a permitted use, such as a seating capacity for conference facilities exceeding 100 persons, more than 25 rooms in a small hotel, more than five students in a professional studio, and the like. 7. Any use listed as a permitted use for the Village Commercial Zone which, in a particular Subzone, must be conditioned in order to be permitted. 8. Special parking lot designs which do not meet the development standards. Conditional Use Permits for special parking lot designs shall be limited to- a) major projects (i.e., those projects which utilize six or more lots of record and cross an alley); b) special designs which substitute a parking lot for an alley or a street; and c) access and parking off north/south streets. F. Uses Not Permitted. Uses not permitted in any Subzone of the C-V Zone are those uses which have one or more of the following characteristics- 1. Do not serve one or more of the market segments described in PURPOSE (9.90. 015). 2. Does not contribute to the support of the themes for the Village, especially the pedestrian emphasis in those Subzones which depend on the pedestrian orientation. 3. Provide goods or services not essential to this location for these markets and would be better provided in another commercial location with less critical thematic requirements. 4. Provides goods of a "large" nature, those requiring land-intensive and/or outside display area (including motorized vehicles, boats, structures, and items which cannot be delivered or picked up by the customer in a vehicle of one-ton capacity or less). 5. Serves motor vehicles primarily, beyond the minimal level deemed desirable for the convenience of the Village. 6. Drive-in or drive-thru uses. 7. Heavy commercial and industrial uses. 8. Major resort functions having more than 50 rooms, having land-intensive recreational facilities such as golf or multiple tennis courts, or other features or impacts out of scale with the Village. 9. Is potentially disruptive to the Village and/or the adjacent residential neighborhoods. 9.90.030 ACCESSORY USES PERMITTED. An accessory use to a permitted use is allowed, provided the accessory use is established on the same lot or parcel of land, and is incidental to, and consistent with the character of the permitted principal use, including, but not limited to- A. Limited custom or artistic manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and providing any such related activity does not exceed any of the following restrictions: 1. The maximum gross floor area of the building permitted to be devoted to such accessory use shall be 25 percent. 2. The maximum total horsepower of all electric motors used in connection with such accessory use shall be five horsepower. 3. The accessory use shall be so conducted that noise, heat, vibration, dust, odor, glare, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to nearer than 50 feet to any residential Zone. 4. Such accessory uses shall be conducted wholly within a completely enclosed building. B. Minor temporary outdoor events. 1. Temporary outdoor events of a "minor" nature, as defined in Chapter 9.216, may be permitted p~rsuant to that Chapter in the Village Commercial Zone. 2. Permits may be granted for one-time events, continuous events, periodically recurring events or scheduled repeat events. 3. Permits must be renewed on at least an annual basis. 4. Conditions which help protect the public health, safety, and welfare; and/or support the design, themes, or ambiance of the Village as described in the Village Specific Plan may be attached to such permits. 5. Permits may be withdrawn if conditions are not adhered to by the Applicant. 6. Conditions may be amended if unforeseen problems arise which jeopardize the public's health, safety, or welfare; or fail to comply with the Village Specific Plan or this Chapter. 9.90.040 COMMERCIAL AND MULTI-FAMILY PLOT PLAN REVIEW REQUIRED. All projects which involve construction for, conversion, and/or change of use to any non-single-family detached residential use shall submit for, and comply with, the results of a plot plan review, pursuant to Chapter 9.182. . 9.90.050 DESIGN REVIEW REOUIRED. All uses of property, construction, reconstruction, exterior remodeling, conversions of use, landscaping, and exterior major maintenance including painting (other than for Village Specific Plan and other adopted standards, pursuant to the Design Review Procedure (Chapter 9.183 of this Title). A. In general, the Village Design Standards require compliance and support of three themes- 1. Desert Oasis, expressed in designs consistent with La Quinta's historic architectural vernacular. 2. Pedestrian scale and orientation. 3. Arts theme. B. The following factors and characteristics, which affect the appearance of a development, will govern the Planning Commission's evaluation of a design submission- 1. Conformance to the Village Specific Plan. 2. Conformance to ordinances and codes. 3. Logic and functional effectiveness and efficiency of design. 4. Exterior space utilization and treatment. --- 5. Architectural character. · 6. Attractiveness. 7. Material selection. 8. Internal harmony and compatibility with surroundings. 9. Circulation - vehicular and pedestrian. 10. Maintenance aspects. 11. Integration of the arts theme. . C. In particular, the Design Review will examine the following for compliance with the Village Specific Plan: 1. Site planning: pedestrian orientation, automobile orientation, setbacks and yards, building orientation, building height and scale, screening, service. 2. Relationships to adjoining buildings and sites. 3. Landscape and treatment of outdoor spaces' choice, maturity, and placement of landscape materials, hardscape, waterscape, uses and arrangements, artistic treatment. openings, doors and doorways, shade features, stairways, chimneys, balconies, gateways, colors, building materials, lighting, accent details. 5. Signs- building signs, other signs- placement, design quality, size, relationship to other design themes. 6. Streetscape- screening, ~ , lighting, street furniture, utili% ~s. 7. Maintenance considerations. 8. Other matters as provided in the Village Specific Plan and other adopted standards. 9.90.060 DEVELOPMENT STANDARDS. Pursuant to the Village Specific Plan, the following shall be the standards of development in the C-V Zone- A. There is no minimum lot area requirement, unless specifically required by a Subzone classification for a particular area, or another Zone to which compliance is required. However, the smallness of a lot, the lack of available square footage, or an insufficient lot width or depth shall not be an acceptable rationale (in and of itself) for any waiver of minimum requirements of development standards. B. Yard (setback) requirements are set forth for each Subzone. 1. The front setback shall be measured from the ultimate planned right-of-way line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each exterior side setback shall be measured from the ultimate planned right-of-way line. 2. The setback line shall be considered a vertical plane from finish ~rade upward. No solid portion of a structure, eave. fa~ad~ _ ~~~ ~ ~,~ 489 -- penetrate the setback line plane. In the separate Subzones, references to the placement of the building with respect to a setback line shall be interpreted as meaning the furthest projection of any solid portion of the building (e.g., eave line or facade, depending on the architectural type of building involved). In the Core and Park Subzones, setbacks will be stated for the structure as a whole, with a further ~ setback requirement applying only to the ~ ground floor. O C. All buildings and structures shall not exceed ~ the height specified for a Subzone or referred ~1~ Zone. (~[ D. Automobile storage space shall be provided as required by Chapter 9.160 OFF STREET PARKING, of this Title. E. Roof-mounted mechanical equipment, including restaurant exhaust fans, shall be permitted only on flat roofs, or where it is screened by bona fide architectural elements. Such roof-mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. Ail mechanical equipment shall be screened from the view of ground elevations, and from the view of second story windows where possible. F. Architectural treatment and detail shall be carried out completely around structures so that all visible faces are equivalent in appearance. Structures on properties facing two streets, such as at a corner or on through-lot properties, shall provide equivalent displays, display windows, and signage on all street faces. Blank walls shall not be permitted facing exterior lot lines, at the rear of a structure, or facing interior lot lines where the wall will be visible. Interior lot line side walls which do not immediately abut another building's side wall shall be provided architectural enhancement and detail (consistent with building and fire codes) for relief of blank walls. The sides of structures facing alleys shall be given architectural treatment and G. Landscaping. Each property on which there is proposed a new or remodeled structure or parking facility shall prepare and submit for design review a landscape plan. Landscaping shall be installed and maintained pursuant to the approved plan. (See VSP, Sections 4.8 and 6.3.1, Table 6-1.) Design standards shall establish a minimum of the site to be landscaped. Effective irrigation systems shall be installed and maintained so that landscaping remains in a healthy growing condition and in compliance with the approved plan. H. A minimum 20-foot building setback shall be required on any boundary where the commercial property abuts a residentially-zoned property. Ten feet of the setback shall be landscaped unless a tree screen is included, wherein the landscaping may be reduced to five feet. The balance of the setback may be used for automobile parking, driveways, or landscaping. Block walls, or other appropriate fencing, may also be required. I. Shade structures over parking or pedestrian walkways (including any overhangs) shall be set back at least five feet from any alley, and at least three feet from any property line (unless such structures comply with the requirements of a totally non-combustible structure, in which case the setback from the property line may be zero). J. Ail outside storage, and all solid waste, loading and servicing areas, shall be screened by structures and/or landscaping and located to minimize noise or odor nuisance. Solid waste areas, if not screened by the building, shall be screened with an opaque six-foot high fence or wall, and shall have an opaque gate. K. Pedestrian walkways shall be paved with materiais meeting design standards. Landscaping meeting design standards shall also be provided adjacent to walkways. L. Shade Requirements: 1. Shade for parking or pedestrian walkways shall consist of structural arrangements meeting design standard~ _ ~~,~ ~ ~ ~ ~ 487 -- and/or landscaping materials meeting design standards having the same effect within two years of planting. 2. Shade requirements shall apply to required pedestrian walkways adjacent to, or connecting to, public streets. The following pedestrian areas need not comply with shade requirements- a. Internal plazas or courtyards. [~ b. That portion of pedestrian walkways which exceed the required ~ dimensions. ~ M. If pedestrian walkways adjacent to commercial ~ uses are utilized for temporary outdoor displays of merchandise as accessory uses, during periods of Village-wide coordinated promotion, or permitted outdoor events, a continuous clear walkway of a minimum four feet in width along the street and into each structure shall be maintained. N. Pedestrian walkways shall be lighted by the adjacent property structures with design-approved lighting fixtures of sufficient output to permit a normally-sighted person to safely utilize the walkways between dusk and dawn. O. Each property shall be responsible for the walkway easement on its property in terms of landscape maintenance, lighting, safety, and cleanliness. P. Ail uses shall comply with health, safety, and fire codes. All uses, but especially those with some potential for impacts on adjacent properties, such as studios and classes, shall contain within their own property any nuisance factors such as noise, heat, glare, dust, fumes, particulates, or vibration. Q. Other, more specific development standards for each Subzone which are presented in that Subzone. 9.90. 070 SUBZONES. Requirements of the following Subzones t88 requirements of the C-V Zone as if it were the Zone in its entirety, and shall also add to the general C-V Zone requirements those more particular requirements of the Subzone. Each Subzone serves a specific purpose as a part of the Village Commercial Zone implementation of the Village Specific Plan. Each Subzone presents a particular pattern of development standards designed to support the individual purposes of the Subzone. Uses are permitted only as specified by group with any further modification necessary for a Subzone. 9.90.071 C-V-C "THE CORE" SUBZONE. A. Purpose. The Core Subzone of the Village is designed to provide the most intense concentration of commercial activity in a predominantly pedestrian environment. B. Permitted Uses. Uses generally permitted in the Village Commercial Zone are listed and described in detail in Section 9.90.020. In the C-V-C (Core) Subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a full description and examples, refer to Section 9.90.020. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this Subzone. 1. Group 3 Uses- Residential as a secondary use. 2. Group 4 Uses: Detached professional studios. 3. Group 6 Uses: Offices. 4. Group 7 Uses: Services and limited sales within offices. 5. Group 8 Uses- Personal services. 6. Group 9 Uses- Food service. 7. Group 10 Uses: Food service plus other attractions. 8. Group 11 Uses- Public assembly. 9. Group 12 Uses: Classes. 10. Group 13 Uses- Art display. 11. Group 14 Uses: Small goods sales or rental. 12. Group 15 Uses: Parking lots. 485 Section 9.90.030, in the Core Subzone the following accessory uses shall be permitted- 1. Outdcor displays, sales, service, and minor entertainment; provided that- a. Merchandise displayed or sold and services are permitted uses in the Core Subzone; b. Sales and service are conducted by entities-'having a valid, current La Quinta business license; c. Minor entertainment is provided by groups of five or fewer performers, without electronic amplification, performances having a duration of no more than 15 minutes in any one location or a 50-foot radius, the hours of minor entertainment falling between 9:00 a.m. and 9-00 p.m.; d. All such outdoor displays, sales, service, or minor entertainment takes place on private property with the written consent of the owner or agent of the property; e. No display, sales, service, or minor entertainment blocks the required pedestrian walkways; a clear area of a minimum width of four feet shall be left adjacent to the street and to each building entry or exit; f. All booths, stalls, carts, or other equipment for outdoor display, sales, service, or minor entertainment at the close of business each day shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance, or a security risk; and, g. The operation of outdoor display, sales, service, or minor entertainment shall be conducted or become a recurring public nuisance. D. Conditional Uses. By Conditional Use Permit, pursuant to Chapter 9.172, in the Core Subzone, the following may be permitted- 1. Retail sales of motor fuels or bulk pressurized flammable gases by means of transfer to a customer's approved container. ., 2. Service and repair of motorized vehicles, limited to personal automobiles, light trucks, or two-wheeled vehicles. 3. Retail sales of lubricants, fluids, filters, belts, repair parts, or accessories (new or factory-rebuilt only) for motorized vehicles, provided that, on the same parcel, motor fuels are sold and/or service and repair of motorized vehicles is offered. 4. Exceeding a stated upper limit for a permitted use. 5. Special parking lot designs not meeting development standards. E. Development Standards. Pursuant to the Village Specific Plan, in addition to the general development standards contained in Section 9.90.060 for the C-V Zone, within the C-V-C Subzone, the following particular development standards shall apply: 1. Setbacks (See VSP Sections 4.8.2 and 6.1.3 for illustrations)- a. Front setbacks in the Core Subzone shall comply with one~ of the following standards- (l) The structure's front shall extend to the front property line, with 10 feet of ground floor depth left open and reserved as a clear pedestrian walkway easement, covered with a second story, 48'3 (2) The structure's front shall be set back at least 10 feet from the front property line for a pedestrian walkway easement, shaded by landscaping, or with a further setback of the ground floor at least 10 additional feet to achieve either structurally-shaded space, or a landscaped area, or ~.a fountain, or an art display area, or a patio or courtyard, or a combination; OR, (3) A combination of (1) and (2) above, to achieve variety and interesting pedestrian areas. Rear setbacks shall comply with the following standards- (l) For parcels fronting on Calle Tampico, Avenida La Fonda, and Calle Estado, the structure's rear shall extend no closer than (a) five feet from the rear property line, with the ground floor set back an additional 20 feet, over which may extend a second story, or balcony, or a shade structure to provide a shaded parking area; or (b) a total structural setback of at least 25 feet from the rear property line, with shade provided to any parking by landscaping; or (c) a combination of the two; (2) For parcels fronting on Avenida Bermudas and Desert Club Drive, the structure's rear shall extend no closer than 20 feet from the rear property line, except that approved parking shade 484 c. Side setbacks shall be zero for interior lot lines, and for exterior ( corner or through-lot ) lot lines, setbacks shall be the same as for front setbacks. 2. Building separations and transitions. In the C-V-C Subzone, the intent is to integrate adjacent buildings and to eliminate separations between the sides of buildings whenever possible. Structural design, roof lines, eaves, side walls, placement with respect to side property lines, transitions between buildings and similar matters will be determined by design review on a case-by-case basis. (See VSP Section 6.2 for discussion, and throughout for illustrations.) 3. Building height. In order to preserve the pedestrian scale of development in the Core Subzone of the C-V Zone, a height limitation of 35 feet shall apply to the general mass of structures, although specific features of less than 15 percent of the horizontal area of the structure may exceed that limit to a maximum height of 50 feet. 4. Parking. a. In order to preserve the pedestrian orientation of the Core Subzone, parking shall not be placed on-site in the front of structures, nor on-site on the sides of structures facing east/west streets. On-site parking shall generally be placed off alleys and in the rear of structures where possible. (See VSP Sections 4.6.3 and 6.7 for discussion and illustrations.) b. On-site parking for uses in the C-V-C Subzone shall provide a minimum of 25 percent of the required off-street parking as specified by Section 9.160 OFF-STREET PARKING. The remaining 75 percent required off-str~t 481 -- off-site, pursuant to Section 9.160. c. At least 50 percent of all parking shall be shaded. 5. Servicing. In order to preserve the pedestrian orientation of the Core Subzone, all servicing, loading, and solid waste collection shall take place off-street, away from pedestrian ways, ~ generally in bays provided off the alleys or in screened, internal, rear ~ spaces if alleys are not available. O ~ 6. Pedestrian provisions. (See VSP Section ~ 6.1.1 and following sections, and Figure ~ 4-7.) a. Along the street faces of each lot, a clear pedestrian walkway easement shall be provided, a minimum 10 feet in width, either adjacent to the property line, or set back sufficient distance to offset for the depth of pillars, arches, and other supports for shade structures or second-story overhangs, or the depth of street-side landscaped areas. On north/south streets, where sufficient room within the right-of-way is available for the 10-foot walkway, the walkway may be established within the right-of-way, or it may meander between right-of-way and easement across private property behind the right-of-way line. b. Mid-block pedestrian easements, generally north/south in alignment, (minimum 10-foot widths) (no more than two per block face) may also be permitted. c. Adjacent to east/west streets, at least 50 percent of the area of each pedestrian walkway shall be shaded. shall provide shade for the full depth of the pedestrian walkway. e. Mid-block pedestrian walkways shall be shaded for no less than 50 percent of their area. f. Displays, display windows, entryways, and signage shall be designed to be primarily visible for pedestrian traffic. g. Because parking will be offered off alleys, and because north/south pedestrian walkways along streets or mid-block will cross alleys, alleys shall be considered potential pedestrian walkways. Displays, display windows, entryways, signage, lighting, landscaping, and architectural detailing shall be provided on the alley side of structures along alleys. 7. Signage. Signs in the Core Subzone of the C-V Zone shall be pedestrian in scale and orientation. All signs shall comply with Chapter 9.212 SIGN REGULATIONS, except that more restrictive provisions of the Design Review Standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 8. Vehicular Access. No direct access to properties shall be permitted from Calle Tampico. No direct access to properties shall be permitted from Avenida Bermudas within the first 200 feet from the right-of-way line at the intersection with Calle Tampico. 9.90.072 C-V-P "THE PARK" SUBZONE A. Purpose. The Park Subzone of the Village is meant to provide a medium intensity clustering of commercial offices, eating places, and some residential on the north and south sides of La Quinta Park. A pedestrian emphasis applies to the Park Subzone. 479 described in detail in Section 9.90.020 PERMITTED USES. In the C-V-P (Park) Subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a full description and examples, refer to Section 9.90.020. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this Subzone. 1. Group 3 Uses: Residential as a secondary use. 2. Group 4 Uses-~ Detached professional studios. 3. Group 6 Uses- Offices. 4. Group 7 Uses- Services and limited sales within offices. 5. Group 8 Uses- Personal services. 6. Group 9 Uses- Food service. 7. Group 12 Uses- Classes. 8. Group 13 Uses- Art display. 9. Group 14 Uses: Small goods sales or rental. 10. Group 15 Uses- Parking lots - private lots, on-site only; off-site lots only if in public ownership and operation. Accessory Uses. In addition to the accessory uses permitted as described in Section 9.90.030, in the Park Subzone the following accessory uses shall be permitted- 1. Outdoor display and sales of original or limited-edition reproductions of art works; provided that- a. Ail such outdoor displays and sales take place on private property with the written consent of the owner or agent of the property (art shows on public property will require an Outdoor Temporary Minor Event Permit, pursuant to Chapter 9.216); and, b. Sales of art works are conducted by entities having a valid, current La Quinta business license or the proceeds of the outdoor sales benefit a charitable, -- tax-exempt institution and related city requirements for solicitation t80 walkways; a clear area of a minimum width of four feet shall be left adjacent to the street and to each building entry or exit; and, d. Ail booths, stalls, carts, or other equipment for outdoor display and sales of art works, at the close of each business day, shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance, or a security risk. e. The operation of outdoor display and sales of art works shall be conducted in such a fashion that it does not constitute a threat to the health, safety, or welfare of the public, or become a recurring public nuisance. D. Conditional Uses. By Conditional Use Permit, pursuant to Chapter 9.172, in the Park Subzone, the following may be permitted- 1. Group 10 Uses- Food service plus other attractions. 2. Exceeding a stated upper limit for a permitted use. 3. Special parking lot designs which do not meet development standards. E. Development Standards. Pursuant to the Village Specific Plan, in addition to the general development standards contained in Section 9.90.060 for the C-V Zone, within the c-v-P Subzone, the following particular development standards shall apply: 1. Setbacks. (See VSP Sections 4.8.2 and 6.1.3 for illustrations.) a. In the Park Subzone, the structure's front shall extend to the front property line, with 10 feet of ground floor left open and reserved as a clear pedestrian 4.77 second story, balcony, or shade structure; or b. The structure's front shall be set back 10 feet from the front property line for a clear pedestrian walkway easement, shaded by landscaping, or with a further setback of the ground floor at least 10 additional feet to achieve either structurally- ~ shaded space, or a landscaped area, or a fountain, or an art ~ display area, or a patio, or a ~ courtyard, or a combination; or ~ c. A combination of 1. and 2., above, to achieve variety and interesting ~ pedestrian areas. d. Rear setbacks shall comply with the following standards- (l) The structure's rear shall extend no closer than five feet from the rear property line, with the ground floor set back an additional 20 feet, over which may extend a second story, a balcony, or a shade structure to provide a shaded parkin~ area; or (2) A total structural setback of at least 25 feet from the rear property line, with shade provided to any parking by landscaping; or (3) A combination of Paragraphs (1) and (2). (4) Lots with frontage (or "rear frontage") on either Eisenhower Drive or Avenida Navarro shall treat such frontage as if it were a front. e. Side setbacks shall be zero for lot lines, the setbacks shall be the same as for front setbacks. 2. Building Separations and Transitions. In the C-V-P Subzone, the intent is to integrate adjacent buildings and to eliminate separations between the sides of buildings whenever possible. Structural design, roof lines, eaves, side walls, placement with respect to side property lines, transitions between buildings, and similar matters will be determined by design review on a case-by-case basis. (See VSP Section 6.2 for discussion, and throughout for illustrations.) 3. Building Height. In order to preserve the pedestrian scale of development in the Park Subzone of the C-V Zone, a height limitation of 30 feet shall apply to the general mass of structures, although specific features of less than 15 percent of the horizontal area of the structure may exceed that limit to a maximum height of 40 feet. 4. Parking. a. In order to preserve the pedestrian orientation of the Park Subzone, parking shall not be placed on-site on the fronts or sides of structures. On-site parking shall generally be placed in the rear of parcels. (See VSP Sections 4.6.3 and 6.7, and Figures 4-5 and 4-12, for discussion and illustrations.) b. On-site parking in the C-V-P Subzone shall provide a minimum of 75 percent of the required off-street parking for the uses, as specified by Section 9.160 OFF-STREET PARKING. The remaining 25 percent required off-street parking may be provided on-site or off-site, pursuant to Section 9.160. 475 5. Servicing. In order to preserve the pedestrian orientation of the Park Subzone, all servicing, loading, and solid waste collection shall take place off-street at the rear of properties, away from pedestrian ways, generally in screened bays provided off alleys, parking areas, or in screened internal spaces if alleys are not available. 6. Pedestrian provisions. (See VSP Section 6.1.1 and following Sections and Figure 0,1 ~ a. Along the street faces of each ~ lot, a pedestrian walkway easement ~ shall be provided, a minimum 10 ~[ feet in width, either adjacent to the property line, or set back sufficient distance to offset for the depth of pillars, arches, and other supports for shade s t ruc ture s o r second- s to ry overhangs, or the depth of street-side landscaped areas. -- Where there is sufficient room within the right-of-way for the walkway, it may be provided in the right-of-way, or it may meander between the right-of-way and a pedestrian easement. b. Mid-block pedestrian easements with generally north/south alignments ( minimum 1 O-foot widths ) ( no more than one per block face) may also be permitted. c. At least 50 percent of the area of each walkway on east/west streets shall be shaded. d. On north/south streets, at least 50 percent of the lot width shall be shaded for the full depth of the pedestrian walkway. e. Mid-block pedestrian walkways shall be shaded for no less than 50 percent of their area. 176 designed to be primarily visible for pedestrian traffic. g. Because the Park Subzone is surrounded by residential uses, and because parking will be provided on both sides of structures, all visible sides of each structure shall be considered a potential pedestrian approach. Displays, display windows, entryways; signage, lighting, landscaping, and architectural treatment shall be provided on all visible sides of each structure. 7. Signage. Signs in the Park Subzone of the C-V Zone shall be pedestrian in scale and orientation. All signs shall comply with Chapter 9.212 SIGN REGULATIONS, except that more restrictive provisions of the Design Standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 9.90. 073 C-V-S "SOUTH" SUBZONE A. Purpose. The South Subzone of the Village is meant to provide a more suburban area of the Village for commercial offices, eating places, galleries, residences, bed and breakfast facilities, and small hotels in an atmosphere of narrow streets and unique landscaping. B. Permitted Uses. Uses generally permitted in the Village Commercial Zone are listed and described in detail in Section 9.90.020. In the C-V-S (South) Subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a full description and examples, refer to Section 9.90.020. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this Subzone. 1. Group 3 Uses- Residential as a secondary use. May be placed beside, as well as above or behind, the primary use. 2. Group 4 Uses: Detached professional 473 3. Group 5 Uses- Commercial -guest lodging and associated uses. 4. Group 6 Uses: Offices. 5. Group 7 Uses: Services and limited sales within offices. 6. Group 9 Uses: Food service. 7. Group 10 Uses: Food service plus other attractions. 8. Group 12 Uses: Classes. 9. Group 13 Uses- Art display. 10. Group 15 Uses: Parking lots. ., ~ C. Accessory Uses Permitted. Accessory uses in ~ the South Subzone shall be as described in O Section 9.90.030. ~ D. Conditional Uses. By Conditional Use Permit, pursuant to Chapter 9.172, in the South ~ Subzone, the following may be permitted- 1. Continuation of existing (but not new construction of) Group 1 Uses- single-family-detached residential as the primary use. 2. Exceeding a stated upper limit for a permitted use. E. Development Standards. Pursuant to the Village Specific Plan, in addition to the general development standards contained in Section 9.90.060 for the C-V Zone, within the c-v-s Subzone, the following particular development standards shall apply: 1. Setbacks (See VSP Sections 4.8.2 and 6.1.3 for illustrations). Setbacks in the South Subzone shall be as follows: a. Front: 20 feet b. Internal Side Yard- 5 feet c. External Side Yard: 10 feet d. Rear Yard: 20 feet, except for properties on the north side of Cadiz which take rear access off the alley between Calle Cadiz and Calle Estado, which shall maintain a 25-foot setback on the ground floor, as in the Core Subzone. t74 3. Building height. In order to preserve the suburban atmosphere of the South Subzone of the C-V Zone, structures shall be limited to a single story and a maximum height of 20 feet. Where a greater height enhances the design and is compatible with neighboring properties, exceptions up to two stories and up to a maximum height of 30 feet for structures may be granted by the Planning Commission. ., 4. Parking. In order to preserve the suburban and landscaped atmosphere of the South Subzone, parking shall adhere to the following standards (see VSP Sections 4.6.3 and 6.7 for discussion and illustrations)- a. On-site parking in the C-V-S Subzone shall provide a minimum of 100 percent of the required off-street parking for the uses as specified by Section 9.160 OFF-STREET PARKING. An exception may be made by the Planning Commission for corner properties down to a minimum of 75 percent of required parking on-site. The remainder of the required parking must be provided off-site, pursuant to Section 9.160. b. Parking shall be placed at the rear and side of the structure. Side parking areas shall be set back from any exterior side property lines at least 10 feet, and shall be no further forward than the front setback line. All parking shall be adequately screened from public right-of-way views. Properties on the north side of Cadiz may take access from and provide parking adjacent to the alley to the north, observing the five-foot setback required in the Core Subzone. c. At least 50 percent of all parking shall be shaded. 471 5. Servicing. In order to preserve the suburban and landscaped atmosphere of the South Subzone, all servicing, loading, and solid waste collection shall take place on-site (off-street), and, if possible, away from front- visible areas, generally to the rear of structures in screened areas. Where servicing and loading must take place in visible locations, such activities shall be conducted between 6:00 a.m. and 9:00 ~ a.m. and betwee~ 4-00 p.m. and 9-00 p.m. ~ 6. Pedestrian provisions. (See VSP Section ~ 6.1.1 and following Sections and Figure ~ 4-7.) ~ a. In the South Subzone, the intent of pedestrian provisions is different from other Subzones. North/south walkways along Bermudas and Desert Club and north/south mid-block walkways function to link pedestrian movements from the Core to the -- South areas. However, east/west walkways are not intended to foster pedestrian circulation adjacent to the streets. Rather, a series of separate, non- continuous links from property to property shall provide a meandering pedestrian route away from street side. b. On north/south streets, along the street faces of each lot, a pedestrian walkway easement shall be provided, a minimum six feet in width, either adjacent to the property line, or set back sufficient distance to offset for the depth of landscaped areas. If sufficient space is available, the walkway may be provided in the right-of-way, or meander between the right-of-way and a walkway easement. Mid-block pedestrian easements running north/south ( minimum d. On east/west streets, each property shall provide a pedestrian walkway easement from its structural entrance to each adjacent side property, driveway, or to a north/south walkway. Walkways shall be placed so that at no point do they come closer than four feet from the edge of the street, to discourage on-street parking or unloading. The point'at which the walkway easement meets the side property line shall be set back from the ultimate right-of-way line by a minimum of 10 feet (measured to the edge of the easement nearest the street). Adjacent properties shall coordinate the placement of walkway easements so that they relate where they meet at the property line. Walkways shall be a minimum of four feet in width. e. Pedestrian walkways on east/west streets, mid-block, and on the west side of Desert Club and the east side of Bermudas shall be shaded for no less than 50 percent of their area by approved landscaping material providing a range from 50 to 75 percent blockage of direct overhead sunlight at mid-summer, mid-day within ten years of planting. 7. Landscaping. (See VSP Sections 4.8 and 6.3.1, and Table 6-1.) a. The design theme for the landscaping in the C-V-S "South" Subzone is a continuation, to its maximum design potential, of the mature landscaping already established. The landscaping focus is the skyline. Large trees with high canopies (in excess of 30 feet in height), providing lacy shade, shall be the dominant features. b. The front half of each lot (Dlus 4'69 side), less the area covered by structures, parking lot, and walkways, shall be intensely landscaped. Emphasis shall be placed on tall shade-producing materials, with appropriate ground covers and intermediate height materials in scale with the structures, as specified for this Subzone by the design standards in the Village Specific Plan. ., Signage. Signs in the South Subzone of the C-V Zone shall be scaled and oriented to the view of automobile traffic traveling at suburban-lane velocities. All signs shall comply with Chapter 9.212 SIGN REGULATIONS, except that more restrictive provisions of the Design Standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 9.90.074 C-V-N "NORTH" SUBZONE A. Purpose. The North Subzone of the Village is meant to provide an area for commercial offices in an automobile-oriented setting. B. Permitted Uses. Uses generally permitted in the Village Commercial Zone are listed and described in detail in Section 9.90.020. In the C-V-N (North) Subzone, only certain of these uses are permitted. Permitted uses are listed below by the short title for each group. For a full description and examples, refer to Section 9.90.020 PERMITTED USES. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this Subzone. 1. Group 6 Uses: Offices. 2. Group 7 Uses: Services and limited sales within offices. 3. Group 15 Uses: Parking lots (on-site only). C. Accessory Uses Permitted. Accessory uses in the North Subzone shall be as described in Section 9.90.030. D. Conditional Uses. By Conditional Use Permit, pursuant to Chapter 9.172, in the North Subzone, the following may be permitted- 1. Group 4 Uses- Detached professional studios; 2. Group 8 Uses- Personal services; 3. Group 9 Uses- Food service, indoor service only; 4. Group 10 Uses- Food service plus other attractions; 5. Group 11 Uses-.. Public assembly; 6. Group 12 Uses: Classes; 7. Group 13 Uses- Art display; 8. Group 14 Uses: Small goods sales or rental; 9. Group 16 Uses- Retail sales of fuels, lubricants, and fluids for motor vehicles, provided that lubricants and fluids are sold where fuels are also sold. E. Development Standards. Pursuant to the Village Specific Plan, in addition to the general development standards contained in Section 9.90.060 for the C-V Zone, within the C-V-N Subzone, the following particular development standards shall apply (see VSP, especially Figure 4-8)- 1. Setbacks. In the C-V-N Subzone, front, rear, and side setbacks shall be 25 feet. 2. Building separations. In the C-V-N Subzone, buildings on the same property shall be separated by a minimum of 20 feet. 3. Building height. A height limitation of 35 feet shall apply to the general mass of structures, although specific features of less than 15 percent of the horizontal area of the structure may exceed that limit to a maximum height of 40 feet. 4. Parking. The orientation of the North Subzone is toward the automobile. (See VSP Sections 4.6.3 and 6.7 for discussion and illustrations.) a. On-site parking in the C-V-N 46'7 off-street parking for the uses as specified by Section 9.160 OFF-STREET PARKING. Parking may be arranged and placed in any locations on-site which meet design standards of Section 9.160, provided that peripheral screening is installed and maintained as required. b. At least 50 percent of all parking ~j shall be shaded. ~ 5. Servicing. All servicing, loading, and O solid waste collection shall take place ~ on-site in screened locations which do ~ not interfere with parking, maneuvering, or fire lanes. 6. Pedestrian provisions. a. Along the street faces of Calle Tampico, Eisenhower Drive, and any extensions of Avenida Bermudas and Desert Club Drive, a pedestrian walkway shall be provided, a minimum six feet in width. The walkway shall be placed either in the right-of-way between the pavement edge and the ultimate right-of-way line (if space permits); or on an easement on the parcel adjacent to the property line or set back sufficient distance to offset for the depth of landscaped areas; or a combination of both; or meandering across the ultimate right-of-way line, utilizing both right-of-way and walkway easements. b. Pedestrian walkways on north/south streets shall be shaded for no less than 25 percent of their area. c. On-site pedestrian walkways shall be provided for parking areas which are more than 65 feet removed from the structure requiring the parking. Walkways shall connect with the nearest 46S from parking area to the entrance or a shade structure exceeds 100 feet shall be shaded for 50 percent of their area. 7. Landscaping. The major emphasis in the North Subzone shall be for shade and screening for parking areas and associated pedestrian walkways. (See VSP Sections 4.8 and 6.3.1, and Table 6-1.) 8. Signage. Signs in the North Subzone shall focus on commercial center or complex identification, oriented to views from automobile traffic. Internal site signage shall be scaled appropriately to its purpose and function. Building identification shall be oriented to parking lot access. Uses within buildings shall be provided with pedestrian directories. It is not intended that all occupants of the C-V-N Subzone have equal signage exposure to the public right-of-way. All signs shall comply with Chapter 9.212 SIGN REGULATIONS, except that more restrictive provisions of the Design Standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 9. Vehicular access to properties. a. From Calle Tampico- Additional access points from Calle Tampico shall be a minimum of 330 feet removed from the right-of-way line of the intersections with Eisenhower Drive and Avenida Bermudas, and line up with an existing street if possible. No additional direct access points shall be permitted between Avenida Bermudas and Desert Club Drive. Properties in this block shall take access off extensions of Bermudas or Desert Club at a point no less than 200 feet north of the Calle Tampico right-of-way line. b. From Eisenhower- Access points from Eisenhower Drive shall be no _ II _ ii i i VILLAGE COH~RCIAL VILLAGE U S E G R 0 U P S SUBZONES ~ESIDKNTIA. COKE PARK SOUTH NORTH R. V C P S N 1. SFK DETACHED AS THE PKIMAK¥ USE CUP X 2. HFR AS THE PRIHAR¥ USE X 3. I~SlDENTIAL AS S£C0~,~¥ USE X X X 4. DETACHED PROFESSIONAL STUDIO X X X CUP COMMERCIAL GUEST LODGING AND ASSOCIATED USES X 6. OFFICES X X X X 7. SEKVICES ~ LIMI~ WITHIN OFFICES X X X X 8. PERSONAL SERVICES X X CUP 9. FOOD SERVICE X X X CUP 10. FOOD SERVICE PLUS 0'£~ ATTRACTIONS X CUP X CUP PUBLIC ASSEHBL¥ X CUP 12. CLASSES X X X CUP 13. AltT DISPLAY X X X CUP CUP 14. SHALL GOODS SALES OR RENTAL X X CUP 15. P~wKTNG LOTS X X X X CUP CONDITIONAL USES RETAIL SALES OF HO'lOP, FUELS CUP CUP RETAIL SALES OF LUBRICANTS, FLUIDS, HINOK AUTOMOBILE AND LIGHT TRUCK PARTS CUP MINOR SEKVICE AND KEPAIII. OF AIFI~BILES AND LIGHT TRUCKS CUP HR/OKDDRFT. 014/~fl~ -41- AMEND CHAPTER 9 . 180 PLOT PLANS 9 . 180.030 APPLI CATIONS A. Filing. B. Design Review. Certain zones, areas within the City, and types of applications also require a design review. See Chapter 9. 183 DESIGN REVIEW. C. Environmental Clearance... AMEND CHAPTER 9. 182 RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLOT PLANS 9.182. 050 REQUIREMENTS FOR APPROVAL ., (add) 4. The plot plan meets all design standards for the City and all design standards of adopted specific plans applicable to the location and/or type of construction or use proposed in the plot plan, pursuant to Chapter 9.183 DESIGN REVIEW, as signified by a design approval by the appropriate Design Review Procedure in Section 9.183.050.