ORD 561ORDINANCE NO. 561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING CHAPTER 9.60 OF TITLE
9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO
STANDARDS AND CRITERIA FOR ACCESSORY DWELLING
UNITS WITHIN RESIDENTIAL DISTRICTS
WHEREAS, the City Council of the City of La Quinta, California did, on the 1ST day
of August 2017, hold a duly noticed public hearing for a Negative Declaration and
review of a City -initiated request of Zoning Ordinance Amendment 2017-0001 to
amend Chapter 9.60 of Title 9 (Zoning) of the La Quinta Municipal Code; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 11th day of July, 2017, hold a duly noticed Public Hearing for review of a Zoning
Ordinance Amendment to amend Title 9 of the La Quinta Municipal Code, as identified
by Title of this Ordinance; and
WHEREAS, subsequent to said Public Hearing, the Planning Commission of the
City of La Quinta did adopt Planning Commission Resolution 2017-012 to recommend
to the City Council adoption of said zoning text amendment; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on July 21, 2017, as prescribed by
the Municipal Code; and
WHEREAS, Title 9 of the Municipal Code contains the chapter that address
development standards for Accessory Dwelling Units; and
WHEREAS, the proposed zoning text amendment is necessary for compliance
with California Government Code Section 65852.2, governing the regulation for
accessory dwelling units, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons wanting to be heard, the City Council
did make the following mandatory findings to justify adoption of said Zoning Ordinance
Amendment:
1. Consistency with General Plan
The zoning text amendment is consistent with the goals, objectives and policies
of the General Plan. The proposed amendments are supported by Policy H-1.1,
identify adequate sites to accommodate a range of product types, densities, and
prices to address needs of all household types, lifestyles, and income levels;
Policy H-3.1, remove unnecessary regulatory constraints to enable construction
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units
Adopted: September 19, 2017
Page 2 of 8
or rehabilitation of housing that meets the needs of La Quinta residents,
including lower income and special needs residents.
2. Public Welfare
Approval of the zoning ordinance amendment will not create conditions
materially detrimental to the public health, safety and general welfare. The
amendments assist in implementation of the General Plan 2035 Housing
Element and do not incorporate any changes that affect the regulation and/or
provision of public services, utility systems, or other foreseeable health, safety
and welfare considerations.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. SECTION 9.60.090 SECOND RESIDENTIAL UNITS shall be amended as
written in "Exhibit A" attached hereto.
SECTION 2. The proposed zone text amendment has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as
amended (Resolution 83-63). A Negative Declaration of Environmental Impact
(Environmental Assessment 2017-0005) was prepared for the proposed text
amendments and certified by the City Council.
SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment
2017-0001, as set forth in attached "Exhibit "A" for the reasons set forth in this
Ordinance.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause
it to be posted in at least three public places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the
Book of Ordinances of the City of La Quinta.
SECTION 6. That the City Council does hereby grant the City Clerk the ability to make
minor amendments to "Exhibit A" to ensure consistency of all approved text
amendments prior to the publication in the La Quinta Municipal Code.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units
Adopted: September 19, 2017
Page 3 of 8
hereby declares that it would have adopted this Ordinance and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 19th day of September, 2017 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINI]A EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cl k
City of La Quinta, Califor is
(CITY SEAL)
APPROVED AS TO FORM:
L
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units EXHIBIT A
Adopted: September 19, 2017
Page 4 of 8
9.60.090 Accessory dwelling units.
A. Purpose. This section provides standards and criteria for the establishment of
accessory dwelling units within residential districts, consistent with California Government
Code Section 65852.2. Accessory dwelling units shall be permitted only in the RVL, RL,
RC, RM, RMH, and RH zone districts.
B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit,"
"second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030
(or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined
in California Government Code Section 65852.2(i)(4) (or successor section in the
Government Code) shall apply. An accessory dwelling unit shall be either "attached" or
"detached" to the primary residence as described in Government Code Section
65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply for
purposes of this section:
1. "Living area" shall have the same meaning as California Government Code
Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding
any provision in Section 9.280.030 of this code to the contrary.
2. "Primary residence" shall have the same meaning as "Dwelling, single-family
detached" or "single-family detached dwelling" as defined in Section 9.280.030 (or
successor section).
3. "Public transit" means public mass transit that has a major transit stop or bus
stop along a high -quality transit corridor as described in California Public Resources
Code Section 21155(b) (or successor statute).
C. Standards for Accessory Dwelling Units. Subject to allowances set forth in Subsection
D, the following standards shall apply to accessory dwelling units:
1. An accessory dwelling unit shall be consistent with the provisions of the
applicable zoning district in which it is constructed.
2. An accessory dwelling unit shall only be permitted on a lot in which the primary
residence and all other structures thereon conform to all minimum requirements of the
applicable zoning district.
3. The lot shall contain an existing primary residence at the time an application for
an accessory dwelling unit is submitted, or the application for the accessory dwelling unit
may be made in conjunction with the development of the primary residence.
4. The owner of the lot shall reside on the lot, either in the primary residence or in
the accessory dwelling unit. Prior to issuance of occupancy approval of the accessory
dwelling unit, the city may require the property owner to enter into a restrictive covenant
with the city regarding such owner -occupancy requirement on a form prepared by the
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units
Adopted: September 19, 2017
Page 5 of 8
city, which shall be recorded against the lot. Such covenant shall further provide that the
accessory dwelling unit shall not be sold, or title thereto transferred separate from that of
the lot or the primary residence. If the owner ceases to reside on the lot, use of the
accessory dwelling unit shall be discontinued as follows: (a) if it is an attached accessory
dwelling unit, the unit shall be converted into a portion of the primary residence, or, (b) if it
is a detached accessory dwelling unit, the unit shall be removed or converted to a legal
use. The city manager or authorized designee may grant temporary relief from this
owner -occupancy requirement.
5. The maximum increase in gross floor area of an attached accessory dwelling
unit shall not exceed fifty percent of the existing living area of the primary residence or
one thousand two hundred square feet, whichever is less.
6. The minimum gross floor area of an accessory dwelling unit shall be four
hundred square feet, except that the minimum gross floor area of an accessory dwelling
unit that qualifies as an efficiency unit under California Health and Safety Code Section
17958.1 (or successor statute) shall be one hundred fifty square feet. The maximum
gross floor area of a detached accessory dwelling unit shall not exceed thirty percent of
the existing living area of the primary residence or one thousand two hundred square
feet, whichever is less.
7. An accessory dwelling unit shall have no more than two bedrooms.
8. The total gross floor area of all covered structures, including an attached
accessory dwelling unit, shall not exceed the lot coverage area as prescribed by the
applicable zoning district.
9. The accessory dwelling unit shall be architecturally compatible with the primary
residence and surrounding residential neighborhood. If a dispute arises whether the
accessory dwelling unit is architecturally compatible with the primary residence, review of
the application for the accessory dwelling unit shall be processed as any other design
review application under the code but limited to the determination of architectural
compatibility. For purposes of this section, "architecturally compatible" means that the
accessory dwelling unit generally has the same or substantially similar architectural style,
construction and structure materials, paint pallet or scheme, and other prominent design
features, as the primary residence.
10. No attached accessory dwelling unit shall cause the height of the primary
residence to exceed the height limitation for the applicable zoning district. If the attached
accessory dwelling unit is not located above any portion of an existing primary residence,
the maximum height of the accessory dwelling unit shall not exceed the height of the
primary residence.
11. A detached accessory dwelling unit shall not exceed seventeen feet in height
nor more than one story.
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units
Adopted: September 19, 2017
Page 6 of 8
12. An attached accessory dwelling unit may have a separate entrance; provided,
however, in no event shall any external stairwell be placed within the front or side yard
setback.
13. An accessory dwelling unit shall contain separate kitchen and bathroom
facilities, and shall be metered separately from the primary residence for gas, electricity,
communications, water, and sewer services.
14. All attached and detached accessory dwelling units shall be equipped with
approved smoke detectors conforming to the latest Uniform Building Code standards,
mounted on the ceiling or wall at a point centrally located in an area giving access to
rooms used for sleeping purposes.
15. In addition to the required parking for the primary residence, a minimum of one
additional off-street parking space shall be provided on the same lot that the accessory
dwelling unit is located. One parking space shall be provided for each efficiency unit as
defined under California Health and Safety Code Section 17958.1 (or successor statute)
in accordance with the applicable parking regulations. Subject to the allowances in
Subsection D, no variance or adjustment shall be granted to allow substandard parking
spaces or locations.
16. All construction, structural alterations or additions made to create an accessory
dwelling unit shall comply with current building, electrical, fire, plumbing and zoning code
regulations.
17. In the event of any conflicts between the standards set forth in this section and
those set forth in the regulations of the applicable zoning district, the provisions of this
section shall prevail.
18. The applicant shall pay to the city all applicable fees imposed on such new
development of an accessory dwelling unit or new or rehabilitated primary residence that
will include an accessory dwelling unit.
19. The city manager or authorized designee may add other conditions, consistent
with general law and applicable state and city standards, as necessary to preserve the
health, safety, welfare and character of the residential neighborhood; provided, however,
that such conditions shall not unreasonably restrict the ability of an applicant to create an
accessory dwelling unit.
D. Allowances for Qualifying Accessory Dwelling Units. In accordance with California
Government Code Section 65852.2, as amended by Section 1.5 of Chapter 735 of the
Statutes of 2016, the following allowances apply for qualifying accessory dwelling units.
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units
Adopted: September 19, 2017
Page 7 of 8
1. Parking requirement exemptions. If one or more of the following criteria is
met: (a) a proposed accessory dwelling unit is located within one-half mile of public
transit, (b) a proposed accessory dwelling unit is located within an architecturally and
historically significant historic district, (c) a proposed accessory dwelling unit is part of an
existing primary residence or existing accessory structure, (d) the occupant of a proposed
accessory dwelling unit would be required to obtain an on -street parking permit from the
city, or (e) a proposed accessory dwelling unit is located within one block of a car -share
vehicle station or parking area; then the applicant for an accessory dwelling unit may be
exempted from the parking requirements under the zone for which the proposed
accessory dwelling unit is located. Nothing in this subsection, however, exempts the
primary residence from complying with all parking requirements under the zone for which
the proposed accessory dwelling unit is located. Furthermore, nothing in this subsection
exempts the owner of the lot from complying with all parking requirements for fire safety,
including access to the lot by front and rear setbacks that are to be clear of obstructions.
2. Utility Connection exemptions. If all of the following criteria are met: (a) a
proposed accessory dwelling unit is contained in the existing primary residence or
existing accessory structure, (b) a proposed accessory dwelling unit has indbpend'ent
exterior access from the existing primary residence pursuant to this section, and (c) the
side and rear setbacks are sufficient for fire safety as determined by the zoning and
public safety provisions in this code, then the applicant for an accessory dwelling unit
may be exempted from the requirement to install a new or separate utility connection
directly between the accessory dwelling unit and the utility, and may be exempted from
related connection fees or capacity charges. The city may require, however, that the
owner of the lot on which the proposed accessory dwelling unit is located to pay any such
connection fees or capacity charges as part of the primary residence. Furthermore, the
city may require, as part of the restrictive covenant to be recorded against the lot
pursuant to this section, that the owner of the lot implement a metering system that would
account for the percentage use of each utility provided to an accessory dwelling unit
compared to total use of that utility for the entire lot, and that all utilities that are provided
to the accessory dwelling unit be metered by the utilities provided to the primary
residence. Any metering system implemented by the owner of the lot pursuant to this
subsection shall be subject to verification by the utility from which the service is being
provided to the accessory dwelling unit.
3. For purposes of this Subsection D, "existing accessory structure" means
"accessory building or structure" as defined in Section 9.280.030 that exists on the lot
with an existing primary residence at the time of submittal for any application relating to
the proposed accessory dwelling unit.
E. If an application for an accessory dwelling unit is submitted or required to be submitted
with any other applications that require or permit ministerial or discretionary review under
the code, nothing in this section precludes the processing and review of those other
applications pursuant to those other provisions in the code.
Ordinance No. 561
Amendment to Chapter 9.60 - Accessory Dwelling Units
Adopted: September 19, 2017
Page 8 of 8
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, 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. (enter number) which was
introduced at a regular meeting on the (date) day of (month), (year), and was adopted
at a regular meeting held on the (date) day of (month), (year), 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 the Rules of Procedure adopted by City Council Resolution
No. 2014-013.
r r,
SUSAN MAYSELS, City Cl k
City of La Quinta, Califor is
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on -/-/ , pursuant to Council Resolution.
SUSAN MAYSELS, City C k
City of La Quinta, Califo is