ORD 425ORDINANCE NO. 425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA AMENDING CHAPTER 9, SECTIONS
9.200.020 -- TABLE 9-23 DISCRETIONARY REVIEW
AUTHORITY AND 9.210.010 RELATING TO SITE
DEVELOPMENT PERMITS — DECISION MAKING
AUTHORITY IN THE CITY OF LA QUINTA MUNICIPAL
CODE
CASE NO.: ZONING ORDINANCE AMENDMENT 2005-083
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 20th day of December, 2005, hold a duly noticed Public Hearing for review of
a Zoning Ordinance amendment to allow changes to Chapter 9, Sections
9.200.020 -- Table 9-23 Discretionary Review Authority and 9.210.010 Relating to
Site Development Permits — Decision Making Authority in the City of La Quinta
Municipal 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 Ordinance Amendment;
1. The proposed amendments are consistent with the goals and policies of the
La Quinta General Plan, insofar as the amendments are consistent with
policies relating to high quality development in the City.
2. The Zoning Ordinance Amendment will not be detrimental to the public
health, safety and welfare, as it addresses consistency within the
Development Code and minor alterations to development standards.
3. The Zoning Ordinance Amendment is compatible with the City's Zoning
Ordinance in that it addresses consistency within the Development Code and
minor alterations to development standards.
4. The Zoning Ordinance 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:
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3, 2006
Page 2
SECTION 1.
Section 9.200.020 - Authority
A. Decision -Making Authority. Table 9-23, following, specifies the decision -
making authority for each of the various actions described in this code. An "A",
"PH" or "CC" means that the official or body at the top of the column has decision
making authority for the application. An "A means that the application is
reviewed administratively without a public hearing. A "PH" means that a public
hearing is required before action is taken. An "R(PH)" means that the planning
commission is responsible for holding a public hearing and forwarding a
recommendation to the city council A "CC" means that the city council is
responsible for considering the site development permit as a consent calendar item.
Table 9-23 Discretionary Review Authority
PH = Decision -making body (public hearing required)
R(PH) = Recommending body (public hearing required)
A = Administrative review by director (no public hearing)
CC = Decision -making body (City Council as consent calendar item)
Decision -Making Authority
Type of Application Staff Planning City
Commission Council
General plan amendment R(PH) PH
Zoning code amendment R(PH) PH
Zone change R(PH) PH
Specific plan R(PH) PH
Development agreement R(PH) PH
Variance PH
Conditional use permit PH
Site development permit (not within scope of PH
LQMC 9.210.010.D2)
Site development permit (per LQMC PH CC/PH
9.210.010.D2)
Minor use permit A*
Minor adjustment A*
Temporary use permit A*
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3, 2006
Page 3
Home occupation permit
Sign permit
Sign program
Subdivisions
A**
IN:I
Per city subdivision code
Environmental review Per city environmental review
procedures
* By community development director
* * By director of building and safety
* * * PH would be held if the item as not approved on CC as a consent calendar
item.
B. Administrative Action. Actions to be taken administratively per Table 9-23,
preceding, are those which are relatively minor in nature and with relatively little
potential for adverse impacts on the surrounding community or the environment. A
public hearing or public notification is not required for administrative actions,
although the director may notify residents or property owners near the subject
property if the director determines on a case -by -case basis that the public interest
would be served by such notification.
C. Public Hearings. Public hearings shall be noticed and held in accordance with
Section 9.200.110 for those applications shown in Table 9-23 as requiring a
hearing.
Section 9.210.010 — Author
A. Terminology. For purposes of this code, site, architectural, lighting and
landscape plans, related development plans, and sign programs are included within
the term "site development permit."
B. Purpose. The purpose of a site development permit is to ensure that the
development and design standards of this zoning code, including but not limited to
permitted uses, development standards and supplemental regulations are satisfied.
The site development permit process provides a means of achieving this purpose
through city review of detailed plans for proposed development projects.
C. Applicability. A site development permit is required for all projects which
involve building construction except the following:
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3, 2006
Page 4
1 . Individual single-family .houses and alterations to single-family houses
or associated accessory structures, unless a site development permit is otherwise
required by an applicable provision of this code or permit condition of approval.
2. Temporary uses (requires temporary use permit per Section
9.210.050).
D. Decision -Making Authority. Site development permits shall be processed as
follows:
1. All permits shall be processed by the planning commission per Section
9.210.010.
2. Following planning commission decision, all high -density residential.
and all non-residential permits with structures greater than. one-story or 22 feet in
height and within 100 feet of residentially zoned properties, as measured by outer
boundary of the parcel which is the subject of the permit, shall be reviewed by the
city council. If an appeal regarding the permit has been filed in accordance with
Section 9.200.120, the appeal shall be heard by the city council in accordance
with that section. If no appeal is filed regarding the permit within the 15 calendar
day appeal period, approval of the planning commission action shall be placed on
the city council's consent calendar at a council meeting within 30 days of the
planning commission's decision. Should any member of the city council request
that the item be removed from the consent calendar, or should the planning
commission's action not be approved as a consent calendar item, the permit shall
be noticed for public hearing before the city council. City council's review of the
item shall fully consider the application.
E. Precise Development Plan. Upon approval, a site development permit
constitutes a precise development plan. Therefore, all development authorized
under a site development permit ` and any land uses associated with the
development shall be in compliance with the plans, specifications and conditions of
approval shown on and/or attached to the approved permit.
F. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the general
plan.
2. Consistency with Zoning Code. The project is consistent with the provisions
of this zoning code.
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3, 2006
Page 5
3. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental Quality
Act.
4. Architectural Design. The architectural design of the project, including but
not limited to the architectural style, scale, building mass, materials, colors,
architectural details, roof style and other architectural elements are compatible with
surrounding development and with the quality of design prevalent in the city.
5. Site Design. The site design of the project, including but not limited to
project entries, interior circulation, pedestrian and bicycle access, pedestrian
amenities, screening of equipment and trash enclosures, exterior lighting, and other
site design elements are compatible with surrounding development and with the
quality of design prevalent in the city.
6. Landscape Design. Project landscaping, including but not limited to the
location, type, size, color, texture and coverage of plant materials, has been
designed so as to provide visual relief, complement buildings, visually emphasize
prominent design elements and vistas, screen undesirable views, provide a
harmonious transition between adjacent land uses and between development and
open space, and provide an overall unifying influence to enhance the visual
continuity of the project.
7. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to
approve a planned sign program the decision -making authority must find that:
a. The sign program is consistent with the purpose and intent of Chapter 9.160
(Signs);
b. The sign program is in harmony with and visually related to:
i. All signs within the planned sign program, via the incorporation of several
common design elements such as materials, letter style, colors, illumination, sign
type or sign shape,
ii. The buildings they identify. This may be accomplished by utilizing materials,
colors, or design motif included in the building being identified,
iii. Surrounding development. Implementation of the planned sign program will
not adversely affect surrounding land uses or obscure adjacent conforming signs.
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3, 2006
Page 6
G. Appeals. Appeals to -decisions on site development permits shall be reviewed
pursuant to Section 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment of a
site. development permit is one year from its effective date as defined in Section
9.200.060. Time extensions may be granted pursuant to Section 9.200.080.
I. Amendments. Amendments to site development permits shall be processed
pursuant to Section 9.200.100.
J. Staff Certification of Construction Documents. Prior to issuance of a building
permit, the director shall certify that final construction documents conform to
preliminary plans (schematic elevations, preliminary site and landscape plans, etc.)
approved as part of the site development permit.
SECTION 2. ENVIRONMENTAL. The La Quinta Community Development
Department has determined that the Amendment. to the Municipal Code is exempt
pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California
Environmental Quality Act (Cega) Statutes, 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 3`d day of January, 2006, by the following vote:
AYES:
NOES:
ABSENT:
Council Members Henderson, Osborne, Mayor Adolph
None
Council Members Perkins, Sniff
ABSTAIN: None
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3, 2006
Page 7
r
DON ADOLPH, -JDVlayor
City of La Quinta, California
ATTEST:
jUXt S. GREEK, CMC; y Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
r �' /-
� r
j; Sr
M. KATHERINE JENSC7N, City Attorney
City of La Quinta, California
Ordinance No. 425
Zoning Ordinance Amendment 2005-083
Adopted: January 3; 2006
Page 8
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA
1, 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.425 that was
introduced at a regular meeting on the 20" day of December, 2005, and was
adopted at a regular meeting held on the 3`d day of January, 2006, not being less
than 5 days after the date of introduction thereof.
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 E . GREEK, CMC, Jerk
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 foregoingordinance was posted on Ae (� a�b6 pursuant to
City Council Resolution.
JUNE - REEK, CMC, City Oferk
City 31La Quinta, California