ORD 418ORDINANCE NO. 418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS
9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE
RELATING TO HOME OCCUPATIONS
ZONING ORDINANCE AMENDMENT 2005-082
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Purpose. The proposed Amendment is 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.
The proposed Amendment will not be detrimental to the public health,
safety and welfare, as they have been designed to be compatible with surrounding
development, and conform to, the City's standards and requirements.
The proposed Amendment supports the orderly development of the
City and the regulations set forth in this section are provided so that certain
incidental and accessory uses may be established in residential neighborhoods
under conditions that will ensure their compatibility with the neighborhood.
SECTION 2. NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case.
2. That it does hereby confirm the conclusion that the Zoning Code Amendment
is exempt from CEQA, pursuant to Chapter 2.6, Section 21080 of the Public
Resources Code, California Environmental Quality Act (CEQA) Statutes, and
Section 15268, Ministerial Projects, of the CEQA Guidelines.
3. That it hereby approves Zoning Code Amendment 2005-082 for the reasons
set forth in this Resolution and as contained. in Exhibit "A" attached hereto.
SECTION 3. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be posted in three places within the City of
La Quinta as specified in City Council Resolution 98-109.
Ordinance No. 418
Zoning Ordinance Amendment 2005-082
Home Occupations
Adopted: June 21, 2005
Page 2
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 21" day of June, 2005, by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
vr,k �L
DON ADOLPH, M or
City of La Quinta, California
ATTEST:
J . GREEK, CMC,- Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
d
M. K T INE JENSO ity Attorn
City of La Quinta, Cali ornia
Ordinance No. 418
'— Zoning Ordinance Amendment 2005-082
Home Occupations
Adopted: June 21, 2005
Page 3
EXHIBIT "A"
SECTION 1.
A. Purpose. The regulations set forth in this section are provided so that
certain incidental and accessory uses may be established in residential
neighborhoods under conditions that will ensure their compatibility with the
neighborhood.
B. Permit Required. Establishment and operation of a home occupation
shall require approval of a home occupation permit processed by the director of
building and safety in accordance with Section 9.210.060. Information shall be
provided to ensure that the proposed home occupation complies with the
requirements of this section. Additional information necessary to make the findings
required for approval may be required by the city.
C. Use and Development Standards. In addition to the requirements for
each residential district, the following standards shall apply to the establishment
and operation of home occupations:
1. The establishment and conduct of a home occupation shall be an
incidental and accessory use and shall not change the principal character or use of
the dwelling unit involved.
2. Only residents of the dwelling unit may be engaged in the home
occupation.
3. A home occupation shall be conducted only within the enclosed living
area of the principal dwelling unit or within the garage provided no garage space
required for off-street parking is used. The home occupation shall not occupy more
than twenty-five percent of the combined floor area of the house and garage.
4. A home occupation shall not be conducted within a detached
accessory structure, although materials may be stored in such a structure.
5. There shall be no signs, outdoor storage, parked vehicles or other
exterior evidence of the conduct of the home occupation. Neither the dwelling nor
the lot shall be altered in appearance so that it appears other than a residence,
either by color, materials, construction, lighting, sounds, vibrations or other
characteristics.
Ordinance No. 418
Zoning Ordinance Amendment 2005-082
Home Occupations
Adopted: June 21, 2005
Page 4
6. Electrical or mechanical equipment which creates interference in radio,
television or telephone receivers or causes fluctuations in line voltage outside the
dwelling unit shall be prohibited.
7. The home occupation shall not create dust, noise or odors in excess of
that normally associated with residential use.
8. No sales activity shall be conducted from the dwelling except for mail
order sales. The dwelling unit shall not be the point of customer pickup or delivery
of products or services, nor shall a home occupation create greater vehicular or
pedestrian traffic than normal for the district in which it is located.
Exception: Musical instruction and academic tutoring where not more than
two students are present at the residence at the same time shall be
permitted.
9. Medical, dental or similar occupations in which patients are seen in the
home are prohibited.
10. All conditions attached to the home occupation permit shall be fully
complied with at all times.
D. Revocation or Suspension of Permit. The director of building and
safety may revoke or suspend any permit for a home occupation if the director
determines that any of the performance and development standards listed in
subsection C of this section have been or are being violated, that the occupation
authorized by the permit is or has been conducted in violation of any state statute
or city law, or that the home occupation has changed or is different from that
authorized when the permit was issued.
E. Permit Nontransferable. No permit issued for a home occupation shall
be transferred or assigned, nor shall the permit authorize any person other than that
named in the permit, to commence or carry on the home occupation for which the
permit was issued.
Ordinance No. 418
Zoning Ordinance Amendment 2005-082
Home Occupations
Adopted: June 21,2005
Page 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La copyQ OrdinanceCalifornia,
No�48hereby
whYch was
the foregoing to be a full, true, and correct of
introduced at a regular meeting on the 71h day of June, 2005, and was adopted at
a regular meeting held on the 215` day of June, 2005, 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 City Council Resolution 98-109.
JU . GREEK, CMC, Cl lerk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on JLJ a o05 pursuant to
Council Resolution.
]�S. GREEK, CMC, - y Clerk
City of La Quinta, California