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ORD 120 133 ORDINANCE NO. 1 P.~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR THE ADDITION OF A RESIDENTIAL AND COMMERCI AL DEVELOPMENT PROJECT PLOT PLAN REVIEW PROCESS The City Council of the City of La Quinta, California, does ordain as follows: SECTION 1. Subsection F of Section 9.44.020 of Cha~ter 9.44 R-2 ZONE (MULTIPLE-FAMILY DWELLINGS) of the La Quinta Municipal Code is hereby amended to read as follows: F. Any use permitted by this section, regardless of the number of structures to be constructed on a single legally-divided parcel, shall require approval pursuant to the provisions of Chapter 9.180 or 9.182, whichever is applicable. SECTION 2. The first sentence of Subsection A of Section 9.52.020 of Cha~ter 9.52 '~ R-3 ZONE (GENERAL RESIDENTIAL) of the La Quinta Municipal Code is hereby amended to read as follows: A. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Chapter 9.180 or 9.182, whichever is applicable- (balance of text remains) SECTION 3. The first sentence of Subsection A of Section 9.72.010 of Cha~ter 9.72 R-5 ZONE (OPEN AREA COMBINING ZONE - RESIDENTIAL DEVELOPMENTS) of the La Quinta Municipal Code is hereby amended to read as follows: A. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 9.180 or 9.182, whichever is applicable: (balance of text remains) SECTION 4. The first sentence of Subsection A of Section 9.88. 020 of Chamter 9.88 C-P-S ZONE ( SCENIC HIGHWAY COMMERCIAL) of the La Quinta Municipal Code is hereby amended 134 A. The following uses are permitted only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to the provisions of Chapter 9.180 or 9.182, whichever is applicable: (balance of text remains) SECTION 5. The first sentence of Subsection D of Section 9.116.010 of Chapter 9.116 A-1 ZONE (LIGHT AGRICULTURE) of the La Quinta Municipal Code is hereby amended to read as follows: D. The following uses are permitted subject to the approval of a plot plan pursuant to Chapter 9.180 or 9.182, whichever is applicable. The plot plan approval may include conditions requiring fencing and landscaping of the parcel to assure that the use is compatible with the surrounding area- (balance of text remains) SECTION 6. The first sentence of Subsection B. of Section 9. 128. 010 of Cha~ter 9. 128 W-2 ZONE ( CONTROLLED DEVELOPMENT AREAS) of the La Quinta Municipal Code is hereby amended to read as follows: B. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Chapter 9. 180 or 9. 182, whichever is applicable- (balance of text remains) SECTION 7. The first two sentences of Subsection B of Section 9.136.010 of Chamter 9.136 N-A ZONE (NATURAL ASSETS ) of the La Quinta Municipal Code are hereby amended to read as follows: B. Uses Permitted Subject to Approval of a Plot Plan. The following uses are permitted upon approval of a plot plan, pursuant to Chapter 9.180 or 9.182, whichever is applicable, on parcels of land not less than seven thousand two hundred (7,200) square feet in size, with a minimum front yard depth of twenty (20) feet and minimum side and rear year depth of ten (10) feet: (balance of text remains) SECTION 8. There is hereby added to the La Quinta 135 SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days 'after passage. SECTION 10. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; and shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of person posting, to be entered in the book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 2nd day of ~hr,~ry , 1988. AYES: Council Members Cox, Pena, Sniff, Mayor Hoyle NOES: No n e ABSENT: Council Member Bohnenberger ABSTAIN: None WILLIAM R. H ayo: City of La Quinta, California ATTEST: .~AUNDRA L. JUHO~A, City Clerk City of La Quinta, California APPROVED AS TO FORM: B , orney C nta, California CITY COUNCIL ORDINANCE NO. 120 EXHIBIT "A" CHAPTER 9. 182 RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLOT PLANS SECTIONS: 9. 182. 010 Generally 9. 182. 020 Definition 9.182.030 Applications 9.182.040 Completeness of Application 9.182.050 Requirements for Approval 9.182.060 Action on Commercial Plot Plans 9. 182. 070 Review by the Planning Commission 9. 182. 080 Appeals 9.182.090 Approval Period 9. 182. 100 Fees 9.182.010 GENERALLY Any residential and commercial development project, as hereinafter defined, when permitted in a zoning district, shall be processed in accordance with the provisions of this chapter. No building permit application(s) for any residential or commercial development project shall be accepted by any department or division unless and until a residential or commercial plot plan approval has been granted by the Planning Commission. 9.182.020 DEFINITION For the purposes of this section, the following words or phrases shall have the following definition- 1. "Commercial Development Project" means any office, retail establishment, restaurant, service business, hospital, hotel, motel, or other similar non-residential use determined to be of a commercial nature wherein- a. A new building or use is proposed for construction; or, b. An increase in floor area or use area for an existing building or use is proposed; or, c. A remodeling of an existing building affecting its exterior appearance is proposed. d. "Commercial Development Project" does not mean- (l) The remodeling of existing commercial buildings where there is no change to the exterior appearance of the building; (2) Commercial development projects where existing zoning regulations require the approval of a conditional use permit or public use permit; (3) Home Occupation requests. 2. "Residential Development Project" means any development intended primarily for multiple-family residential occupancy when: a. The total number of proposed or projected units b. Includes, but is not limited to, apartments, statutory condominiums, congregate care facilities, group living quarters; and c. Does not pertain to time extension requests for any previously-approved residential development projects. 9.182.030 APPLICATIONS Residential and commercial plot plan applications shall be submitted to the Planning and Development Department and provide the following information and exhibits- 1. Complete application form. 2. One (1) copy of the preliminary title report or deed of trust to the subject property. 3. Sets of the site development plans (number as required by the Planning and Development Department), each set to incorporate the following- a. Dimensioned floor plan(s) relating to all building layout aspects, showing applicable sales/display, office areas, bedrooms, kitchens, hallways, bath/restrooms, etc., for the particular use under review. b. Four-point elevations of any and all buildings proposed on the site, delineating any outstanding architectural feature(s), relationships to any existing structures and/or other adjacent properties, and listing proposed building materials, finishes, colors, etc. c. A detailed site plan delineating all siting aspects of the development (i.e., setbacks, topography, fencing locations, locations provided for ground-mounted mechanical and heating/air conditioning systems, parking, accessways, adjacent streets, utilities, drainage, and any proposed signage). NOTE- In some instances, a preliminary grading plan may be required if it is determined to be necessary due to topographic considerations and other related site factors. d. A complete site landscaping plan, showing a listin~ of ~uantities, species, location and the Riverside County Agricultural Commissioner's office prior to the issuance of a building permit. 4. Two (2) sets of all plans reduced to 8-1/2" X 11" and submitted on acetate or other similar format suitable for presentation. 5. One (1) 8" X 13" color, material and finish sample board for the building's exterior areas, including, but not limited to, roof covering, facia boards, tile inlays, stucco finish, wood or other plant-on materials, etc. Colors and materials shall be keyed on at least one set of architectural elevations. 6. One (1) colored elevation of all sides of the buildings, oriented to public view, in accordance with the materials sample board submitted. A colored swatch (band of color on the drawings) may be substituted for a complete colored drawing. 7. Any other additional information as may be required. 9.182.040 COMPLETENESS OF APPLICATION No residential or commercial plot plan application shall be processed until all information as required by this section has been submitted. Determination of completeness shall be in accordance with the provisions of the California Government Code Section 65943, or successor provisions. 9.182.050 REQUIREMENTS FOR APPROVAL Plot plans shall only be approved when they comply with the following standards- 1. The proposed use conforms to all the provisions of the General Plan and specific plans, and with all applicable requirements of State law and the ordinances of the City. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of surrounding property. The plan considers the location and need for - dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic conqestion; and takes into account topographical and Ail plot plans which permit the construction of more than one structure on a single, legally-divided parcel, shall, in addition to all other requirements, be subject to a condition which prohibits the sale of any existing or subsequently-constructed structures on the parcel until the parcel is divided and a final map recorded in accordance with the Subdivision Ordinance in such a manner that each building is located on a separate, legally-divided parcel. 9.182.060 ACTION ON RESIDENTIAL AND COMMERCIAL PLOT PLANS Ail residential and commercial plot plans shall be approved, conditionally approved, or disapproved by action of the Planning Commission, based upon the standards referred to in Section 9.182.050. The following findings must be made when a plot plan is approved- 1. The architectural aspects of the development will be compatible with, and not detrimental to, other existing and future developments in the surrounding area; and, 2. Applicable development standards, including, but not limited to, setbacks, parking, landscaping, site design, signage, and similar features, will be compatible with, and not detrimental to, other existing and future developments in the surrounding area; and, 3. The proposed use and related development is consistent with the purpose and intent of applicable policies set forth in the La Quinta General Plan and any applicable specific plan. 9 . 182 . 070 REVIEW BY PLANNING COMMISSION The Planning Commission shall provide for review of all plot plans as appropriate in 1. or 2., which follow- 1. Plot plan subject to CEQA- The Planning Commission shall hold a public hearing on all plot plans for which a Negative Declaration or an EIR is prepared pursuant to the City of La Quinta rules implementing the California Environmental Quality Act. Notice of the time, date, and place of the public hearing shall be given at least 10 calendar days prior to the hearing by the following procedures- a. Mailin~ to all owners of real property which is boundaries of the parcel to be considered, as such owners are shown on the last equalized assessment roll. b. Publication once in a newspaper of general circulation in the City. c. The Planning Director may require that additional notice be given by posting a notice in conspicuous places on and close to the property affected, and/or by enlarging the notification radius. 2. Plot plans exempt from CEQA- The Planning Commission shall approve, conditionally approve, or disapprove a plot plan at a regular public meeting, based upon the standards in Section 9.182.050. A public hearing shall not be required for any plot plan not subject to the review requirements of the California Environmental Quality Act. 9.182.080 APPEALS An applicant or any other aggrieved party may appeal the decision of the Planning Commission by the following procedure: 1. Appeal to the City Council. Within 15 calendar days after the date of the mailing of the Planning Commission's decision, the applicant or aggrieved party may appeal the decision, in writing, to the City Council on the forms provided by the Planning and Development Department. Upon receipt of a completed appeal, the City Clerk shall set the matter for hearing before the City Council not less than five (5) calendar days nor more than 30 calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and appellant if the plot plan did not require a public hearing. If the plot plan required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original hearing. City Council shall render its decision within 30 calendar days following the close of the hearing on the appeal. 9.182.090 APPROVAL PERIOD The approval of a residential or commercial plot plan shall be valid for a period of one (1) year from its effective date. A time extension of up to one (1) year may be before the expiration date, and shall be accompanied by the appropriate fee. The extension request will be scheduled for the next available Planning Commission meeting for their review and consideration. The Planning Commission may approve, conditionally approve, or deny the time extension request. The construction authorized must be substantially begun or the occupancy authorized be in use within the approved time limit; otherwise, the approval shall be void and of no further effect. 9. 182. 100 FEES The following fees apply to residential and commercial plot plans: 1. Requiring CEQA Review- $ 835.00 2. Not Requiring CEQA Review- $ 760.00 3. Appeal of Planning Commission Decision- $ 25.00 4. Plot Plan Modifications- a) Minor - project detailing not involving expansion of use area; review by Staff- $ 75.00 b) Major - substantial project changes; review by Planning Commission- $ 380.00 5. Time Extension- Review by Planning Commission- $ 75.00 6. Plus any Other Applicable Application Fees