Loading...
ORD 440ORDINANCE NO. 440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.30.030 AND ADDING CHAPTER 9.50.100, OF TITLE 9, "PLANNING," PERTAINING TO DEVELOPMENT STANDARDS IN THE SOUTHEAST POLICY AREA ZONING TEXT AMENDMENT 2006-086 WHEREAS, vacant lots of 10 acres or less in the southeastern portion of the City (south of Avenue 52) proposed for subdivision present specific development challenges; and WHERES, the southeastern portion of the City abuts more rural, less dense development in the unincorporated portion of the County of Riverside; and WHEREAS, the City wishes to encourage well designed, low density residential subdivisions on lots of 10 acres or less, which are compatible with surrounding development; and WHEREAS, Section 9.30.030 enables the City to establish alternate development standards to address issues specific to a particular land use category in a particular area of the City; and WHEREAS, additional standards are required to ensure high quality development on lots of 10 acres or less which will be subdivided in the future; and WHEREAS, the Planning Commission considered the staff report and all information, evidence and testimony provided at the April 24 and May 8 meetings on the proposed text amendments, ultimately moving to unanimously recommend City Council approval; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance held on June 19, 2007; and WHEREAS, an Initial Study was prepared to consider the zoning text amendments relating to development standards for lands south of Avenue 52, and the City determined that the proposed text amendments would not have a significant environmental impact as described in the California Environmental Quality Act, and a Negative Declaration was prepared. Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 2 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.30.030 of the La Quinta Municipal Code is amended to read as follows: 9.30.030 RL low density residential district. A. Purpose. To provide for the development and preservation of low density neighborhoods (two to four units per acre) with one- and two-story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size 7200 sq. ft.' Minimum lot frontage 60 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 ft.2 Minimum garage setback 25 ft.3 Minimum interior/exterior side yard setbacks 5/10 ft.4 Minimum rear yard setback 10 ft. for existing recorded lots and 20 ft. for new lots Maximum lot coverage 50% Minimum livable floor area excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 10' minimum at any point, 20' minimum average over entire frontage ' A minimum lot size of 20,000 sq. ft. shall be required of new lots created within subdivisions of 10 acres or less in size as further described in Section 9.50.100. 2 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 3 3 Twenty feet if "roll -up" type garage door is used. " For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. SECTION 2. Section 9.50.100 is added to the Municipal Code, as follows: 9.50.100 RL district property subdivision development standards, 10 acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than 10 acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of 20,000 square feet shall be required, unless: a. The proposed subdivision establishes a minimum of 25% common area open space (exclusive of individual residential lots). Said open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the 25% open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than 10,000 square feet in size. 3. A landscaped parkway of 30 feet in depth shall be required on all public streets. 4. All other development standards of the RL District, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The City's Official Zoning Map shall identify as an overlay all properties potentially affected by these provisions. Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 4 SECTION 3. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code will not have a significant impact on the environment, and a Negative Declaration is adopted. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby superseded by this Ordinance to the extent they are inconsistent with this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 8. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2007, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ar�� low-L DON ADOLP , Mayo City of La Quinta, California Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3. 2007 Page 5 ATTEST: erk City of La Quipda, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENJSQN, City Attorney City of La Quinta, California Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, 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. 440 which was introduced at a regular meeting on the -.19" day of June, 2007, and was adopted at a regular meeting held on the 3`d day -of July, 2007, 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 VQuinta as specified in City Council Resolution 2006-102. City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby c rtify that the foregoing ordinance was posted on July 131", 2007, pursua to Council solution/ VERONICA J. ONTECINO, CMC, City Clerk City of La Quinta, California