ORD 397ORDINANCE NO. 397
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING SECTION 9.80.040 (TABLE 9-
5) OF THE MUNICIPAL CODE TO ALLOW HIGH DENSITY
RESIDENTIAL USES (UP TO 16 DWELLING UNITS PER
ACRE) IN THE COMMERCIAL PARK ZONING DISTRICT,
SUBJECT TO A CONDITIONAL USE PERMIT
CASE NO.: ZONE CHANGE AMENDMENT 2003-078
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 16' day of December, 2003, hold a duly noticed Public Hearing to consider an
Amendment to Section 9.80.040 (Table 9-5) of the Municipal Code to allow high
density residential uses (up to 16 dwelling units per acre) in a Commercial Park
Zoning District, subject to approval of a Conditional Use Permit application; and
WHEREAS, the Community Development Department published a
notice of its intention to adopt the Negative Declaration and associated Initial Study
in the Desert Sun newspaper on December 4, 2003, and further caused the notice
to be filed with the Riverside County Clerk on October 21, 2003, in accordance
with the CEQA Guidelines. No written comments have been received; and
WHEREAS, the Planning Commission of the City of . La Quinta,
California, did on the 25' day of November, 2003, hold a duly noticed Public
Hearing for Zone Code Amendment 2003-078, and on a 5-0 vote, adopted
Resolution 2003-105 recommending approval to the City Council; and
WHEREAS, the La Quinta Community Development Department has
completed Environmental Assessment 2003-485. Based upon this assessment, the
project will not have a significant adverse effect on the environment; therefore, a
Negative Declaration is recommended; 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 Zone Code Amendment pursuant to Section 9.200.020 of the Municipal Code:
1. The proposed text changes are consistent with the goals and policies of
General Plan Amendment 2003-095 to allow high density residential uses in
Commercial Park land use area with approval of a Conditional Use Permit.
The proposed change will enhance the Highway 111 urban corridor and
provide a supporting relationship with surrounding Regional Commercial land
uses.
Ordinance No. 397
Zone Code Amendment 2003-078
City of La auinte
Adopted: January 6, 2004
Page 2
2. The proposed text changes will not be detrimental to the public health,
safety and welfare, in that a Conditional Use Permit application is required for
a residential development pursuant to the requirements of Section 9.210.020
of the Zoning Code.
3. The proposed change will ensure a broad mix of land uses in the Commercial
Park District that will enhance the City's marketability and promote a diverse
community of commercial and residential activities. A residential land use in
the CP area will enhance and provide a transition to Regional Commercial
land uses that abut Highway 1 1 1, a Primary Image Corridor.
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 amend Section 9.80.040 (Table 9-5) of the
Municipal Code as provided in Exhibit "A", attached hereto.
SECTION 2. ENVIRONMENTAL. This Zone 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
Environmental Assessment 2003-485 concludes no significant adverse effect will
occur based on the Negative Declaration.
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 6" day of January, 2004, by the following vote:
Ordinance No. 397
Zone Code Amendment 2003-078
City of La Quinta
Adopted: January 6, 2004
Page 3
AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: Council Members Perkins
ABSTAIN: None
DON ADOLPH, Ma r
City of La Quinta, California
ATTEST:
JL-j—
JtbW . CREEK, CMC, City Clerk
City of. La Quinta, California
(CITY SEAL)
APPROVED AS TO FORMA:
1 "
M. KATHLORINE JENSON, City Attorney
City of La Quinta, California
Ordinance No. 397
Zone Code Amendment 2003-078
City of La auinta
Adopted: January 6, 2004
Page 4
EXHIBIT "A"
Amend the Residential, Lodging and Child Care Uses in Table 9-5 of Section
9.80.040 of the Municipal Code as follows:
TABLE 9-5 PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use
DISTRICT
M = Minor Use Permit
A = Accessory Use
T = Temporary Use Permit
C = Conditional Use Permit
X = Prohibited Use
S = Specific Plan
Regional
Commorcia
Community
Neighborhoo
Tourist
Office
Major
Commercial
1
Park
Commercia
1
d
co�rcial
Commer-
cial
Commor
-vial
Canty
Facil
ities
LAND USE
CR
CP
CC
CN
CT
CO
MC
Residential, Lodging and Child
Care Uses
Townhome and multifamily dwelling as a
C*
C**
X
X
X
X
X
primary use *If part of a mixed -use project
per Section 9.80.020 or 9.80.030.
**subject to Section 430.070 i<R high
D tWit Residential I7 strict) for density,
bulldg heights, setbacks, etc. Affordable
housing projcts hail be subject to
Section .9.60: 270.
Residential as an accessory use, e.g.,
C
C
C
C
C
C
C
caretaker residences per Section 9.100.160
Child day care facilities, centers and
C
C
C
C
X
C
C
preschools as a principal use, subject to
Section 9.100.250 (also see Accessory
Uses
Senior group housing, subject to Section
C
X
X
X
X
X
X
9.100.260
Rooming and boarding houses
C
X
X
X
X
X
X
Single room occupancy (SRO) hotels,
C
X
X
X
X
X
X
subject to Section 9.100.270
Emergency shelters
P
P
P
P
P
P
P
Transitional shelters for homeless persons
C
X
X
X
X
X
C
or victims of domestic abuse
Ordinance No. 397
Zone Code Amendment 2003-078
City of La auinta
Adopted: January 6, 2004
Page 5
Single family residential
S
X
X
X
X
X
X
Mixed -use projects: residential and
office/commercial
S
X
X
X
X
X
X
RV Rental Park and
wnership/Membership Parks
C
X
X
X
C
X
X
Resort Residential
S
X
S
X
S
X
X
otels and motels
C
X
C
X
C
X
X
imeshare facilities, subject to Section
.60.290
C
X
C
X
C
X
X
Caretaker residences
M
M
M
M
M
M
M
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. 397 which was
introduced at a regular meeting held on the 16" day of December, 2003, and was
adopted at a regular meeting held on the 6" day of January, 2004, 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.
JU . GREEK, CMC, City Clerk
City of La Quinta, California