ORD 429ORDINANCE NO. 429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA AMENDING CHAPTER 9, SECTION
9.80.040 -- TABLE 9-5 PERMITTED USES IN
NONRESIDENTIAL DISTRICTS TO ALLOW RETAIL
STORES GREATER THAN 10,000 SQUARE FEET 1N THE
NEIGHBORHOOD COMMERCIAL ZONING DISTRICT
CASE NO.: ZONING ORDINANCE AMENDMENT 2006-084
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 5th day of July, 2006, hold a duly noticed. Public Hearing for review of a
Zoning Ordinance amendment to allow changes to Chapter '9, Section 9.80.040 -
Table 9-5 Permitted Uses in Nonresidential Districts; 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 amendment is consistent with the goals and policies of the
La Quinta General Plan, insofar as the amendment is consistent with the goal
encouraging a balanced and varied economic base and policies relating to
high quality development -in the City.
2. The Zoning Ordinance Amendment will not be materially 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 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. 429
ZOA 2006-084 Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 2
SECTION 1.
Section 9.80.040 Table of Permitted Uses
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential
Districts, following, specifies those uses and structures which arepermittedwithin
each nonresidential district. The letters in the columns beneath the district
designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use
permit is approved.
4. "W: Permitted if a minor use permit is approved.
5. "T Permitted as a temporary use only.
6. "X": Prohibited in the district.
7. "S Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5'
are not permitted unless the community development director or the planning
commission determines that such use is within one of the permitted use categories
listed proceeding (e.g., principal use, conditional use, etc.) in accordance with
Section 9.20.040.
Table 9-5 Permitted Uses In Nonresidential Districts
P = Principal use
District
A = Accessory use
C = Conditional use permit
M Minor use permit
Major
T = Temporary use permit
Regional
Commercial
Community
Neighborhood
Tourist
Office
Community
X = Prohibited use
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Facilities
Land Use
CR
CP
cc
CN
CT
Co
MC
Retail Uses
Retail stores under 10,000 sq. ft.
P
A
P
P
A
A
X
floor area per business
Retail stores', 10,000-50,000
P
C
C
X
X
X
sq. ft. floor area
Retail stores', over 50,000 sq. ft.
C
C
C
X
X
X
X
floor area
Ordinance No. 429
ZOA 2006-084 - Section 9.80.040 Retail Stores
Adopted- July 18, 2006
Page 3
Food, liquor and convenience
P
A
P
P
A
A
X
stores under 10,000 sq. ft. floor
area, open less than 18
hours/day2
Food, liquor and convenience
C
X
C
C
C
X
X
stores under 10,000 sq. ft. floor
area, open 18 or more hours/dayZ
Plant nurseries and garden supply
C
X
C
C
X
X
X
stores, with no propagation of
plants on the premises,. subject to
Section 9.100.120 (Outdoor
storage and display)
Showroom/catalog stores,
P
P
P
X
X
X
X
without
substantial on -site inventory
General Services
Barbershops, beauty, nail and
P
A
P
P
P
A
X
tanning salons and similar uses
Miscellaneous services such as
P
A
P
P
P
A
X
travel services, photo developing,
videotape rentals, shoe repair,
appliance repair, and similar uses
Laundromats and dry cleaners,
P
X
P
P
P
X
X
except central cleaning plants
Printing, blueprinting and copy
P
P
P
P
P
P
X-
services
Pet grooming -without overnight
P
X
P
P
P
X
X
boarding
Office Uses and Health Services
Banks
P
X
P
P
P
P
X
General and professional offices
P
X
P
P
P
P
C
Medical offices —physicians,
P
X
P
P
P
P
X
dentists, optometrists,
chiropractors and similar
practitioners
Medical centers/clinics—four or
P
X
P
C
X
P
X
more offices in one building
Surgicenters/Medical clinics
P
X
P
C
X
P
X
Hospitals
C
X
X
X
X
X
C
Convalescent hospitals
C
X
C
X
X
X
C
Veterinary clinics/animal hospitals
C
C
C
C
X
X
X
and pet boarding (indoor only)
' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies,
pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items.
z With no consumption of alcohol on the premises.
Ordinance No. 429
ZOA 2006-084 — Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 4
Table 9-5 Permitted Uses In Nonresidential Districts (Continued)
P = Principal use
A = Accessory use
District
C = Conditional use
permit
M = Minor use permit
T = Temporary use
Major
permit
Regional.
Commercial
Community
Neighborhood
Tourist
Office
Community
X = Prohibited use
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Facilities
Land Use
CR
CP
CC
CN
CT
CO
MC
Dining, Drinking and
Entertainment Uses
Restaurants, other
than drive -through
P
A
P
P
P
A
A
Restaurants, drive-
P
A
P
X
P
through
Restaurants, counter
P
P
P
P
p
take-out with ancillary
seating, such as
yoghurt, ice cream,
pastry shops and
similar
Bars, taverns and
C
C
C
X
C
cocktail lounges
Dancing or live
C
X
C
X
C
entertainment as a
principal use
Dancing or live
A
X
C
C
C
entertainment as an
accessory use
Theaters, live or
C
X
C
X
C
motion picture.
Recreation Uses
Bowling, pool or
C
X
C
X
C
X
X
billiard centers as a
principal use
Pool or billiard tables
A
A
A
A
A
A
X
as accessory use (3
tables or less)
Game machines, 11 or
C
X
C
C
C
X
X
more (as either a
principal or accessory
use)
Game machines as an
A
A-
A
A
A
A
X
accessory use, 10 or
fewer machines
Ordinance No. 429
ZOA 2006-084 - Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 5
Golf courses and
country clubs (see GC
district permitted
uses, Chapter 9.120)
Tennis clubs or
complexes
Health clubs, martial
arts studios, and
dance studios, 5000
sq. ft. floor area or
less
Health clubs, martial
arts studios, and
dance studios, over
5000 sq. ft. floor area
Libraries
Museum or gallery
displaying sculpture,
artwork or crafts,
including schools for
above
Parks, unlighted
playfields and open
space
Lighted playfields
Bicycle, equestrian
and hiking trails
Indoor pistol or rifle
ranges
Miniature
golf/recreation Center:
Assembly Uses
Lodges, union halls,
social clubs and senio
citizen centers
Churches, temples
and other places of
worship
Mortuaries and funera
homes
Public and Semipublic
uses
Fire stations
Government offices
and police stations
Communication
towers and
equipment, subject tc
Chapter 9.170
Electrical substations
X
A
X
X
C
A
X
C
A
C
X
X
A
C
M
M
M
M
M
M
A
C
C
C
C
C
C
X
P
X
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
X
C
P
P
P
P
P
P
P
X
C
X
X
X
X
X
C
X
X
X
C
X
X
C
C
C
C
X
X
C
C
-
C
C
C
X
C
X
C
C
C
X
X
X
X
P
P
P
P
X
P
P
P
C
P
C
P
C
P
C
P
C
PP
C
C
M
M
M
X
X
X
M
Ordinance No. 429
ZOA 2006-084 Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 6
Water wells and
M
M
M
X
X
X
M
pumping stations
Reservoirs and water
X
X
X
X
X
X
M
tanks
Public flood control
P
P
P
P
P
P
P
facilities and devices
Colleges and
C
X
X
X
X
X
C
universities
Vocational schools,
C
C
C
X
X
C
C
e.g., barber, beauty
and similar
Private elementary,
C
C
C
C
C
C
C
intermediate and high
schools
Private swim schools
C
C
C
X
C
X
C
Land Use
CR
CP
cc
CN
CT
CO
MC
Train, bus and taxi
C
X
C
X
C
X
C
stations
Helicopter pads
X
X
X
X
C
X
C
Public or private
X
C
X
X
X
X
C
kennels and animal
shelters (with indoor
or outdoor pet
boarding)
Golf courses and
C
A
C
X
C
A
P
country clubs (see GC
district permitted
uses, Chapter 9.120)
Driving range
P
A
C
X
P
A
P
unlighted
Tennis clubs or
C
A
C
X
C
A
C
complexes
Health clubs, martial
P
P
P
P
P
P
A
arts studios, and
dance studios, 5000
sq. ftfloor area or
less
Ordinance No. 429
ZOA 2006-084 — Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 7
Residential, Lodging
and Child Care Uses
Townhome and
C"
C**
X
X
X
X
X
multifamily dwelling
as a primary use *If
part of a mixed -use
project per Section
9.80.020 or 9.80.030
* *Subject to Section
9.30.070 (RH, High
Density Residential
District) for density,
building heights,
setbacks, eta.
Affordable housing
projects shall be
subject to Section
9.60.270.
Residential as an
C
C
C
C
C
C
C
accessory use, e.g.,
caretaker residences
per Section
9.100.160
Child day care
C
C
C
C
X
C
facilities, centers and
preschools as a
principal use, subject
to Section 9.100.250
(also see Accessory
Uses)
Senior group housing,
C
X
X
X
X
X
X
subject to Section
9.100.260
Rooming and boarding
C
X
X
X
X
X
X
houses
Single room
C
X
X
X
X
X
X,
occupancylSRO)
hotels, subject to
Section 9.100.270
Emergency shelters
P
P
P
P
P
P
P
Transitional shelters
C
X
X
- X
X
X
C
for homeless persons
or victims of domestic
abuse
Single family
S
X
X
X
X
X
X
residential
Mixed -use projects:
S
X
X
X
X
X
X
residential and
office/commercial
RV rental parks and
C
X
C
X
C
X
X
ownership/
membership parks
Resort residential
S
X
C
X
C
X
X
Ordinance No. 429
ZOA 2006-084 - Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 8
Hotels and motels
C
X
C
X
C
X
X
Timeshare facilities,
C
X
C
X
C
X
X
subject to Section
9.60.290
Caretaker residences
M
M
M
M
M
M
M
Automotive Uses
(Subject to Section
9.100.120, Outdoor
storage and display)
Automobile service
C
C
C
C
X
X
X
stations, with or
. without minimart
-
Car washes
C
C
C
X
X
X
X
Auto body repair and
X
C
X
X
X
X
X
painting; transmission
repair
" If part of a mixed
use project per
Section 9.80.020 or
9.80.030
Auto repair specialty
C
C
C
X
X
X
X
shops, providing minor
auto maintenance: tire
sales/service, muffler,
brake, lube and tune-
up services —not
including major engine
or drivetrain repair
Auto and motorcycle
C
C
X
X
X
X
X
sales and rentals
Used vehicle sales,
X
C
X
X
X
X
X
not associated with a
new vehicle sales
facility
Truck, recreation
_ C
C
X
X
X
X
X
vehicle and boat sales
Auto parts stores,
P
P
P
C
X
X
X
with no repair or parts
installation on the
premises
Auto or truck storage
X
C
X
X
X
X
X
yards, not including
dismantling
Private parking
C
C
C
X
C
C
X
lots/garages as a
principal use subject
to Chapter 9.150,
Parking
.Ordinance No. 429
ZOA 2006-084 - Section 9.80.040'Retail Stores
Adopted: July 18, 2006
Page 9
Land Use
CR
CP
cc
CN
CT
CO
MC
Warehousing and
Heavy Commercial
Uses
(Subject to Section
9.100.120, Outdoor
storage and display)
Wholesaling/distribu-
C
P
X
X
X
X
X
tion centers, with no
sales to consumers.
General warehouses,
C
P
X
X
X
X
X
with no sales to
consumers
Mini -storage
X
P
X
X
X
X
X
warehouses
Lumber yards, outdoor
X
C
X
X
X
X
X
(see retail stores for
indoor lumber sales)
Pest control services
C
C
X
X
X
X
X
Plumbing repair shops
C
P
X
X
X
X
X
Contractor, public
C
C
X
X
X
X
C
utility and similar
equipment/storage
yards
Central cleaning or
C
C
C
X
X
X
X
laundry plants
Communication or
C
C
C
C
C
C
C
relay
facilities/antennas as
primary use
Industrial and
Research Uses
Indoor manufacture
X
P
X
X
X
X
X
and assembly of
components or
finished products from
materials such as
cloth, fiber, fur, glass,
leather, stone, paper
(except milling),
plastics, metal, and
wood
Research and
P
P
X
X
X
X
X
development
Recording studios
P
P
X
X
X
X
X
Bottling plants
X
P
X
X
X
X
X
Sign making, except
P
P
X
X
X
X
X
sandblasting
Ordinance No. 429
ZOA 2006-084 — Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 10
Sign making, including
X
P
X
X
X
X-
X
sandblasting
Recycling centers as a
X
C
X
X
X
X
C
primary, use, collection
and sorting only,
subject to Section
9.100.190
Off -site. hazardous
X
C
X
X
X
X
X
waste facilities,
subject to Section
9.100.230
Accessory Uses and
Structures
Portable `outdoor
M
M
M
M
M
M
M
vending uses (such as
flower stands, hotdog
stands, etc.), subject
to Section 9.100.100
Swimming pools as an
M
M
M
X
A
M
A
accessory use
Golf or tennis facilities
M
M
M
X
A
M
A
as an accessory use
Signs, subject to
A
A
A
A
A
A
A
Chapter 9.160
Fences and walls,
A
A
A
A
A
A
A
subject to Section
9.100.030
Antennas and satellite
A
A
A
A
A
A
A
dishes, subject to
Section 9.100.070
Reverse vending
A
A
A
A
X
X
A
machines subject to
Section 9.100.190
Recycling dropoff
M
A
M
M
X
X
A
bins, subject to
Section 9.100.190
Ordinance No. 429
ZOA 2006-084 Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 11
Incidental products or
A
A
A
A
A
A
A
services for .
employees or
businesses, such as
child day care,
cafeterias and
business support uses
Other accessory uses
A
A
A
A
A
A
A
and structures which
are customarily
associated with and
subordinate to the
principal use on the
premises and are
consistent with the
purpose and intent of
the zoning district, as
determined by the
director
Temporary Uses
Christmas tree sales,
T
T
T
T
X
X
T
subject to Section
9.100.080
Halloween pumpkin
T
T
T
T
X
X
T
sales, subject to
Section 9.100.090
Stands selling fresh
y
T
T
T
X
X
T
produce in season,
subject to Section
9.100.100
Sidewalk sales,
T
T
T
T
T
T
X
subject to Section
9.100.130
Temporary outdoor
T
T
T
T
T
T
T
events, subject to
Section 9.100.140
Construction and
T
T
T
T
T
T
T
guard offices, subject
to Section 9.100.170
Use of relocatable
T
T
T
T
T
T
T
building, subject to
Section 9.100.180
Other Uses
Fortunetelling and
C
X
C
X
X
X
X
palmistry
Sexually oriented
C
X
X
X
X
X
X
businesses, subject to
Section 9.110.080*
Other uses not listed
Per Section 9.20.040, director of planning commission to determine whether use is permitted
in this table
*Property must also be located within the SOB (sexually oriented business) overlay district.
Ordinance No. 429
ZOA 2006-084 - Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 12
SECTION 2. ENVIRONMENTAL. The La Quinta Community. Development
Department has determined that the Amendment to the Municipal Code is exempt
pursuant to Section 15061 (b)(3), Review for Exemption, 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 18th day of July, 2006, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
4s'- ILJ�z 7 --
DON ADOLPH, Wlayor
City of La Quinta, California
ATTEST:
N . GREEK, MMC, y Clerk
City of La Quinta, California
(CITY SEAL)
Ordinance No. 429
ZOA 2006-084 — Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 13
APPROVED AS TO FORM:
M. KATHERINE JE4sbN, City Attorney
City of La Quinta, California
Ordinance No. 429
ZOA 2006-084 - Section 9.80.040 Retail Stores
Adopted: July 18, 2006
Page 14
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) §
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.429 that
was introduced at a regular meeting on the 5' day of July, 2006, and was adopted
at a regular meeting held on the 18" day of July, 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.
JUN,Eet. GREEK, MMC, City Clerk
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, a oa pursuant to City
Council Resolution. 1
�E' GREEK, M erk
City of La Quinta, California