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ORD 368 ORDINANCE NO. 368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADDING SECTION 9.140.070, LOW DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL DISTRICT CASE NO.: ZONING CODE AMENDMENT 2002-071-A CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of March, 2002, hold a duly noticed Public Hearing for review the addition of Section 9.140.070 of the Municipal Code, adding the Low Density/Agricultural-Equestrian Residential District to the Development Code; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1. The proposed Amendments are consistent with the General Plan, in that they allow for uses specifically discussed in the Agricultural/Equestrian Overlay of the General Plan. 2. The Zoning Code Amendment will not be detrimental to the public health, safety and welfare, in that it provides standards for the future development of agricultural, equestrian and residential uses in the City. 3. The Zoning Code Amendment is compatible with the City's Zoning Ordinance in that it establishes residential and non-residential development standards which are compatible with those already in effect in the Development Code. 4. The Zoning Code Amendment supports the orderly development of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE. To add Section 9.140.070 of the Municipal Code as provided in Exhibit A, attached to this Ordinance. SECTION 2. ENVIRONMENTAL. This Zoning Code Amendment has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the City Council certified Environmental Impact Report SCH#2000091023, which addressed agricultural and equestrian land uses and standards. Ordinance No. 368 Adding Section 9.140.070 Adopted: March 20, 2002 Page 2 SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on this 2nd day of April, 2002, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None JOHN ~Jl PE~A, ~a~,or City of~Ea Quinta, C~lifornia ATTEST: JU , CMC, City Clerk City of La Quinta, California (City Seal) Ordinance No. 368 Adding Section 9.140.070 Adopted: March 20, 2002 Page 3 ' APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 368 which was introduced at a special meeting held on the 20th day of March, 2002, and was adopted at a regular meeting held on the 2nd day of April, 2002, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. J~. GREEK, CMC;-C~i~y Clerk City of La Quinta, California Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted: March 20, 2002 SECTION 9.140.070 LOW DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL DISTRICT TABLE PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT LAND USE Residential Uses Sinole Familv detached dwellinos P Farmworker Housina C Mobile Home Parks C Mobile Home Subdivisions and manufactured homes on individual lots P Child day care facilities as an accessory use, serving 8 or fewer children, subject to A Section 9.60.1 90 Child day care facilities as an accessory use, serving 9-14 children, subject to M Section 9.60.190 Caretaker's residence P Ooen Soace and Recreational Uses Public marks, mlavfields and omen smace P - Bicvcle. eouestrian and hikino trails P Tennis Court or other game court as an accessory use associated with a private P residence Tennis Court or other oame court for public use M Golf course and countrv club. with or without drivino ranoe P Driving Range with or without lights C Accessory Uses and Structures Home occumations, subiect to Section 9.60.110 H Patio covers, decks and oazebos, subiect to 9,60,040 A Fences and walls, subiect to Section 9.60.0,:30 A Satellite dishes and other antennas subject to Section 9.60.080 A Swimming pools, spas and cabanas, subject to Section 9.60.070 A S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted' March 20, 2002 Guest houses, subiect to Section 9.60.010 M Second units, "granny flats" and employee quarters, subject to Section 9.60.090 M Garages and carports, subject to Section 9.60.060 A Keening of animals, subiect to Section 9.60.120 A Eouestrian and Aoricultural Uses Stables. Private p Stables. Commercial or riding academy C Polo grounds, including stables, clubhouse C Veterinarv offices and hospitals C The grazing and breeding of cattle, horses, llamas, or other farm stock or animals, P not including hogs, not to exceed five animals per acre of all the land available The grazing and breeding of sheep or goats, not to exceed 15 animals per acre of P all land available Farms for rabbits, fish. frogs, chinchilla or other small animals p Nurseries. greenhouses, orchards, aviaries, apiaries p Tree crop farming p Field Crop or Turf Farming p Winerv and incidental uses with established vineyard p Produce stands, subject to Section 9.100.100 p The drying, packing, canning, freezing and processing of produce resulting from P permitted uses when such activity is conducted within permanent buildings and structures Non-commercial raising of hogs, not to exceed two per acre P Communitv Auctions and Sales Yards (2 acre minimum) C Feed Stores C Kennels and Catteries. 5 to 10 animal~ M Kennels and Catteries, 10 to 25 animals on 1 acre minimum C Menaoeries - C Commercial comDosting facilities C Other Uses ~ Guest Ranches and Bed and Breakfasts C · Restaurants C S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted: March 20, 2002 Fraternal lOdge halls C Churches. temoles and other olaces of worshiD C Schools C Libraries C Public Utilitv facilities p Communication towers and equipment subject to Section 9.1 70 C S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted: March 20, 2002 A. Residential Development Standards TAal-E 501 RESIDENTIAl. DEVEI. OPMENT STANDARDS DISTRICT DEVELOPMENT STANDARD E/A R Min. Lot Size for Single Family Dwelling (sq. 10,000 ft.) Min. Project Size for Multifamily Projects (sq. 20,000 ft.) Min. Lot Frontage for Single Family Dwelling or Multifamily Projects (ft.) 100 Max. Structure Height (ft.) 28 Max. No. of Stories 2 Min. Front Yard Setback (ft.) 30 Min. Garage Setback (ft.) 30 Min. Side Yard Setback (ft.) 20 Min. Rear Yard Setback (ft.) 30 Max. Lot Coverage (% of net lot area) 40 Min. Livable Area Excluding Garage (sq. ft.) 1,400 Min. Perimeter Landscape Setbacks (ft.) 20 Max. No. of Horses for Private Use (per 5 acre) Parking shall be provided as required by Chapter 9.150. B, Development Standards, All Non-Residential Uses 1. All buildings shall be limited to two stories in height and a maximum of 35 feet, measured from the finished grade of the pad. S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted: March 20, 2002 2. Setbacks: The following minimum setbacks shall apply from the property line: Pasture: 0 feet Accessory buildings: 20 feet Accessory structures: 20 feet Manure storage: 25 feet 3. Fencing: Properties containing one or more uses may be fenced to a maximum of 6 feet. Permitted fencing materials include chain link, cement block, wood, wrought iron or tubular steel. Razor wire or concertina wire is permitted for those uses listed under "Equestrian and Agriculture Uses" in Table . 4. Parking: Parking shall be provided as required by Chapter 9.150. 5. Li_ahtinq: All lighting shall comply with Sections 9.60.160 and 9.100.150. 6. Loudspeakers: Loudspeaker systems or other amplified sound are limited to operation or use between 8 a.m. And 10 p.m. Unless otherwise specified by an approved conditional use permit. C, Definitions "Accessory building" means any building subordinate to a permitted or conditionally permitted use, including but not limited to hay and tack barns, storage sheds and other structures and uses customarily appurtenant to the primary permitted use. "Accessory structure" means any structure subordinate to a permitted or conditionally permitted use, including but not limited to exercise rings, arenas, corrals, and other structures associated with the permitted or conditionally permitted use. Fences are not considered structures for the purposes of this Section. "Agricultural Activity, Operation, or Facility, or Appurtenances thereof." The phrase "agricultural activity, operation, or facility, or appurtenances thereof" shall include all uses allowed under the Agricultural Overlay District, including, but be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. "Land Zoned For Primarily Agricultural Purposes." The phrase "land zoned for primarily S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted: March 20, 2002 agricultural purposes" means any land lying within the Agricultural Overlay District. "Arena" -- see Corral. "Caretaker Residence" means a residential unit not exceeding 1,000 square feet, which is not the principal use on the property, to be occupied by a caretaker or watchman who is responsible for the security of the principal use of the property. "Cattery" means any building, structure, enclosure or premises within which five or more cats are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Commercial stable" means any facility specifically designed or used for the stabling of more than 5 horses not owned by the residents of the property on which the stable is located, and for which the residents or land owner receives compensation. Services provided by a commercial stable including boarding, breeding, training, riding or other recreational use of the horse. "Community auction and sales yard" means a facility which periodically holds auctions of farm equipment, fixtures and other related materials in an enclosed building. "Corral" means an enclosure designed for use as an open holding area for horses for the purpose of confinement within that area for an indeterminate period of time. "Farm" means a parcel of land devoted to agricultural uses where the principal use is the propagation, care and maintenance of viable plant and animal products for commercial purposes. "Farmworker housing" means any building or group of buildings where six or more farm employees are housed. "Kennel" means any building, structure, enclosure or premises within which five or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Menagerie" means a lot on which more than one wil'd, non-domestic reptile (not including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed or trained wild animal shall not be considered a domestic animal. "Pasture" means an enclosed holding area consisting of grass or similar vegetation, specifically used for purposes of grazing or feeding of animals. S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A'' Adding Section 9.140.070 Adopted: March 20, 2002 "Guest Ranch" means any property of five acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking. "Riding Academy" means a facility designed and used primarily for recreational riding, training and instruction, and allowing both on-site boarding or trailering of horses to the facility. "Stable" means a building or structure containing multiple stalls for the purposes of sheltering, feeding, boarding, accommodating or otherwise caring for horses. "Stall" means a division of a'stable accommodating one horse into an adequately sized enclosure for the purposes of confining individual horses within a sheltered environment as may be necessary for security, safety or other reasons pertinent to the health, welfare and daily care of each animal. D. "Right to Farm" Intent and Policies Intent It is the intent of the City of La Quinta to conserve, protect and encourage the development, improvement, and continued viability of its agricultural land and industries for the long-term production of food and other agricultural products, and for the economic well-being of the City's residents. It is also the intent of the City to balance the rights of farmers to produce food and other agricultural products with the rights of non-farmers who own, occupy, or use land within or adjacent to agricultural areas. It is the intent of this ordinance to reduce the loss to the area of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. Nothing in this ordinance shall be construed to limit the right of any owner of real property to request that the City consider a change in the zoning classification of his property in accordance with the procedures set forth in the La Quinta Development Code. Policies 1. No agricultural activity, operation, or facility, or appurtenances thereof, in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began. S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" Adding Section 9.140.070 Adopted: March 20, 2002 2. This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision. 3. This section is not to be construed so as to modify abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of county ordinances and regulations. E. Notice to Buyers of Land 1. The Director of Community Development shall cause the following notice to be included on all tentative land division proposed that lies partly or wholly within, or within 300 feet of any land zoned for primarily agricultural purposes: Lot(s) No. , as shown on this map, is (are) located partly or wholly within, or within 300 feet of land zoned for primarily agricultural purposes by the County of Riverside and the City of La Quinta. It is the declared policy of the City of La Quinta that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in the City, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it was not a nuisance at the time it began. The term "agriculture activity, operation, or facility, or appurtenances thereof" includes all uses permitted in the Agricultural Overlay District, and includes but is not limited to, equestrian activities, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber, viticulture, apiculture, or horticulture, the raising of livestock, for bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. S:\City Clerk\Ordinances\ZCA071 ExhB.WPD Ordinance No. 368 EXHIBIT "A" -- Adding Section 9.140.070 Adopted: March 20, 2002 2. The City Engineer shall cause the notice described in subsection (1) to be included on any final land division proposed for recordation that lies partly or wholly within, or within 300 feet of, any land zoned for primarily agricultural purposes. F. Preservation of Agricultural Land Uses in Perpetuity Any land owner wishing to continue a land use listed in Table , Permitted Uses in the Agricultural/Equestrian Residential District, may, at any time, exercise his or her rights under Chapter 9.1 90: Transfer of Development Rights. S:\City Clerk\Ordinances\ZCA071 ExhB.WPD