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ORD 374ORDINANCE NO. 374 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 9.50.055-SECOND FLOOR ADDITION WITHIN AN EXISTING UNIT, WITHIN THE VERY LOW DENSITY (RVL) AND LOW DENSITY (RL) RESIDENTIAL ZONING DISTRICT CASE NO.: ZCA 2002-072 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of June, 2002, hold a duly noticed Public Hearing for a Zoning Code Amendment to add Section 9.55.055 to the Municipal Code, to allow second floor additions within an existing unit, within the RVL and RL Residential Zoning District; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of May, 2002, hold a duly noticed Public Hearing for a Zoning Code Amendment to add Section 9.55.055 to the Municipal Code, to allow second floor additions within an existing unit, within the RVL and RL Residential Zoning District; and WHEREAS, the text amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; 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 text changes are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed text changes will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The proposed text changes supports the orderly development of the City. Ordinance No. 374 Zoning Code Amendment 2002-072 Adopted: July 2, 2002 Page 2 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 9.50.055 to the Municipal Code as provided in Exhibit A, attached hereto. 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 amendments are found to be exempt from CEQA pursuant to Chapter 2.6. Section 21080 of the Public Resources Code, and Section 15268, Ministerial Projects, of the CEQA Guidelines. 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 La Quinta City Council, held on this 2"d day of July, 2002 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Mayor Pro Tern Sniff NOES: None ABSENT: Mayor Pena ABSTAIN: None S� g4 ANLEY SNIF Mayor PrKAm City of La Quinta, California Ordinance No. 374 Zoning Code Amendment 2002-072 Adopted: July 2, 2002 Page 3 ATTEST: JUNE EEK, CMC, City C erk City of La Quinta, California (SEAL) APPROVED AS TO FORM: 9 V. ATHER E JENSOre, City Attorney City of La Quinta, California Ordinance No. 374 Zoning Code Amendment 2002-072 Adopted: July 2, 2002 Page 4 EXHIBIT "A" Section 9.50.055- Second Floor Addition within an existing unit in RVL and RL Zoning Districts. A property owner may apply through the Minor Use Permit (Section 9.210.020) process for permission to alter a single family dwelling unit to provide an upper story living area within the Very Low and Low Density Residentia! Zones when the following has been complied with: A. No change to the exterior building elevation with the exception of providing light and ventilation. Windows are only allowed on the street -facing facade. Dormer windows are prohibited. B. No windows (except skylights) or access points are permitted on roof slopes (i.e., hip roof sections). C. Permitted only in areas where two story structures are permitted by Code. The second floor shall not be considered as a two-story home as defined in Section 9.60.300.1.1 (Compatibility Review). D. Comply with all Building Codes including, but not limited to: 1. Foundations; 2. Floor loads; and 3. The interior vertical clearance requirements. E. Maintain a two car garage with a vertical interior clearance of 7-feet 6-inches. F. The second floor living area cannot exceed 10% of the existing house square footage. The addition can only be located within the front half of the existing structure that abuts, or is adjacent to the street right of way where the primary access to the structure is located. G. Access must be from the interior of the existing house. H. No exterior reconstruction of the existing structure is permitted to accommodate the addition with the exception of windows and skylights. 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. 374 which was introduced at a regular meeting held on the 181h day of June, 2002, and was adopted at a regular meeting held on the 2"d day of July, 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. 2Q61=' -<Z/ gE� J . GREEK, CM , ity Clerk City of La Quinta, California