ORD 445
ORDINANCE NO. 445
AN ORDINANCE OF THE CITY OF LA GUINTA,
CALIFORNIA, AMENDING CHAPTER 9 OF THE LA
GUINTA MUNICIPAL CODE, TO ESTABLISH POLICIES
AND STANDARDS FOR RESIDENTIAL SECOND UNITS;
ALLOW APARTMENTS IN THE MEDIUM DENSITY
RESIDENTIAL ZONE; AND ADD LANGUAGE DEFINING
AND DESCRIBING IMAGE CORRIDORS IN SPECIAL
PURPOSE DISTRICTS
WHEREAS, the City has found that changes in procedures and issues
with permitting have arisen as staff implements the Zoning Ordinance; and
WHEREAS, the City has, from time to time, made amendments to the
Zoning Ordinance to address similar changes in circumstances; and
WHEREAS, the Planning Commission held a duly noticed public
hearing on the 11 th day of September, 2007, and recommended approval of the
proposed Amendment to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the
16th day of October, 2007, and considered the evidence, written and oral,
presented at the hearing.
NOW THEREFORE. BE IT RESOLVED, that the City Council of the City
of La Ouinta does ordain as follows:
SECTION 1. Chapter 9 of the La Ouinta Municipal Code, Table 9.40.040 is
amended as follows:
9.40.040 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas
and structures which are permitted within each residential district. The letters in
the columns beneath the district designation mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal residential use on the site.
3. "C": Permitted if a conditional use permit is approved.
4. "M": Permitted if a minor use permit is approved.
5. "H": Permitted as a home occupation if accessory to the principal
residential use and if a home occupation permit is approved.
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6. 2007
Page 2
6. "S": Permitted if a specific plan is approved per Section 9.40.030.
7. "X": Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Principal use
A = Accessory use District
C = Conditional
use permit Very Medium-
M = Minor use low low Medium High Hi9h
permit Density Density Cove Density Density Density
H = Home Residential Residential Residential Residential Residential Residential
occupation permit
S = Specific plan
required
X - Prohibited use
land Use RVl Rl RC RM RMH RH
Residential Uses
Apartment X X X P P P
Multifamily (rental
units)
Accessory Uses
and Structures
2na units, "~raAAY A A A A' A A'
flats," ana
eFflfjlsyee ~uarters,
Second Residential
Units, subject to
Section 9.60.090t.
3
1 Second Unit and Guest House desi~n and location, as defined in Sections 9.60.090
and 9.60.100, respectively, will be reviewed as part of the Site Development Permit
(SDP) process, if applicable. If proposed on an individual sin~le family lot of record,
and not subiect to SDP approval, review for conformance with the requirements of
9.60.090 or 9.60.100 will occur durin~ Buildin~ Permit Plan Check.
2 Only when built on a lot which is otherwise occupied by a sin~le family home.
Second units shall not be permitted when duplexes, tri-plexes or apartments occur
on the lot.
3 In the Cove Residential, Medium Density Residential, Medium Hi~h Density
Residential and Hi~h Density Residential zones, only one ~uest house or second
residential unit may be permitted on a lot, in addition to the main residence. In the
Very Low Density Residential and Low Density Residential zones, more than one
~uest house and/or second residential unit may be permitted, with approval of a
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6, 2007
Page 3
Conditional Use Permit. All ~uest houses or second residential units must conform
to the development standards in this Zonin~ Ordinance.
SECTION 2. Chapter 9 of the La Ouinta Municipal Code, Section 9.60.090 is
amended as follows:
9.60.090 Second Residential Units
A. Purpose. This section provides standards and criteria for the establishment of
second units within residential districts, consistent with California Government
Code Section 65852.2. Second units shall be permitted only in the RVL, RL, RC,
RM, RMH, and RH zone districts.
B. Definitions. For the purpose of these development standards, the following
definitions shall apply:
"PRIMARY UNIT" shall mean a single-family or multi-family residential unit
constructed and intended as the principal unit and building on a lot. The primary
unit shall be the largest unit on the lot.
"SECOND UNIT" In accordance with Government Code Section 65852.2(i)(4),
Second Unit shall mean an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation
and shall be located on the same parcel as the single-family dwelling is situated. A
second unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety
Code,
(2) A manufactured home, as defined in Section 18007 of the Health and
Safety Code.
C. Standards for Second Units. The following standards shall apply to second
units:
1 . A second unit shall be consistent with the provisions of the applicable
zoning district in which it occurs.
2. A second unit shall only be permitted on a lot in which the primary
unit and all other structures thereon conform to' all minimum
requirements of the applicable zoning district.
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6. 2007
Page 4
3. The lot shall contain an existing primary unit at the time an application
for a second unit is submitted, or the application for the second unit
may be made in conjunction with the development of the primary unit.
4. The owner of the lot shall reside on the lot, either in the primary unit
or in the second unit. Prior to issuance of occupancy approval of the
second unit, the property owner shall enter into a restrictive covenant
with the City regarding such owner-occupancy requirement on a form
prepared by the City, which shall be recorded against the property.
Such covenant shall further provide that the second unit shall not be
sold, or title thereto transferred separate from that of the property. If
the owner ceases to reside on the property, use of the second unit
shall be discontinued (a) if it is an attached second unit, the unit shall
be converted into a portion of the primary unit, or (b) if it is a
detached second unit, the unit shall be removed or converted to a
legal use. The Director may grant temporary relief from this owner-
occupancy requirement.
5. The maximum gross floor area of second unit shall not exceed 30
percent of the square footage of the primary unit or 1,200 square feet
whichever is less.
6. The minimum gross floor area of a second unit shall be 400 square
feet.
7. A second unit shall have no more than two (2) bedrooms.
8. The total gross floor area of all covered structures, including an
attached second unit, shall not exceed the lot coverage area as
prescribed by the applicable zoning district.
9. The second unit shall be architecturally compatible with the primary
unit.
10. No attached second unit shall cause the height of the primary unit to
exceed the height limitation for the applicable zoning district. If the
attached second unit is not located above any portion of the existing
primary unit, the maximum height of such unit shall not exceed the
height of the primary unit.
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6, 2007
Page 5
11 . A detached second unit shall not exceed 1 7 feet in height nor more
than one story.
12. An attached second 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. A second unit shall contain separate kitchen and bathroom facilities,
and shall be metered separately from the primary dwelling for gas,
electricity, communications, water, and sewer services.
14. All attached second 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 unit, a minimum of
OnEl additional off-street parking space shall be provided on the same
lot that the second unit is located. One parking space shall be
provided for each studio unit, in accordance with the applicable
parking regulations. No variance or adjustment shall be granted to
allow substandard parking spaces or locations.
16. All construction, structural alterations or additions made to create a
second 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.
19. ThE! Director 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 a second unit.
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6. 2007
Page 6
SECTION 3. Chapter 9 of the La Ouinta Municipal Code, Section 9.60.100,
Guest Houses, is amended as follows:
"Guest house" means a detached or attached unit which has sleeping
and sanitary facilities but no cooking facilities and which is used
primarily for sleeping purposes by members of the family occupying
the main building, their nonpaying guests, and domestic employees.
SECTION 4. Chapter 9 of the La Ouinta Municipal Code, Section 9.130.010,
Table 9.9, Table of development standards is amended as follows:
Table 9-9 Special Purpose District Development Standards
Development Standard District
PR GC OS FP HC SOB EOD
Minimum building site n/a n/a n/a . .. ... ...
Maximum structure height (ft.)w 28 28 28 . .. ... ...
Maximum number of stories 2 2 2 . .. ... ...
From HiQhway 111 50/50 50/50 50/50 50/50 50/50 50/50 50/50
riaht-of-wav
From perimeter 30 30 30 . .. ... ...
street ROWs
From all primary
imaQe corridor[31
riQhts-of-way 30/20 30/20 30/20 30/20 30/20 30/20 30/20
Minimum (except Hwy 111 I
perimeter and from all maior
building/landscape and orimarv arterials
setbacks (ft.lm From abutting 30 30 30 . .. ... ...
residential property
or districts
From abutting 20 20 20 . .. ... ...
commercial and
other nonresidential
property or districts
Minimum setback from interior property 0 0 0 . .. ... ...
lines within the same project
Parking and signs See Chapter 9.150 and 9.160
Fences and walls See Section 9.100.030
Landscaping and screening See Sections 9.100.040 and 9.100.050
. As required for needed flood control structures.
.. As provided in the HC supplemental regulations, Section 9.140.040.
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6. 2007
Page 7
* * * As provided in the underlying base district regulations, subject to the additional requirements
of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060.
1 Not includinq basements. Also, notwithstandinq above table, the maximum structure heiqht
equals 22 feet for all buildinqs within 150 feet of any General Plan primary imaqe corridor and
maior or primary arterials.
, landscape setback shall consist of landscaped area within the buildin~ setback. Number qiven
is minimum landscaped setback from the street riqht-of-wav. The remaininq buildinq setback may
contain parkinq, driveways and similar facilities. In addition to above landscape setbacks, interior
landscapinq shall be required as a percentaqe of the net proiect area as follows: parkinq areas:
minimum 5 percent; non-parkinq areas: minimum 5 percent.
3 The fOllowinq are applicable primarv imaqe corridors as identified in the qeneral plan:
Washinqton Street, Jefferson Street, Fred Warinq Drive, Calle Tampico, Eisenhower Drive (from
Tamoico to Washinoton Street).
SECTION 5. ENVIRONMENTAl. The Community Development Department
has determined that the Amendments to the Municipal Code are exempt pursuant
to Section 15061 (b)(3) and Section 15268(a) of the Guidelines for Implementation
of the California Environmental Quality Act. The Ordinance will have no effect on
the environment in that the proposed modifications to the Zoning Code are cross-
referential to existing codes and do not constitute any changes to existing
regulations or land use.
SECTION 6. 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 7. LEGAL CONSTRUCTION. The provIsions of this Ordinance
shall be construed as necessary to effectively cilrry out its purposes, which are
hereby found and declared to be in furtherance of the public health, safety and
welfare.
SECTION 9. EFFECTIVE DATE. This Ordinance shall take full force and
effect and be in force 30 days after passage.
SECTION 9. PUBLICATION. The City Clerk is directed to post this
Ordinance in the manner and in the time required by law.
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6, 2007
Page 8
PASSED, APPROVED and ADOPTED by the City Council of the City of
La Ouinta at a regular meeting thereof held on the 6th day of November, 2007, by
the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
(hOL~
City of La Ouinta, California
ATTEST:
RONICA J. T CINO, CMC, City Clerk
City of La Ouinta, California
(City Seal)
APPROVED AS TO FORM:
Ordinance No. 445
Chapter 9
Zoning Ordinance
Adopted: November 6, 2007
Page 9
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) 55.
CITY OF LA GUINTA )
I, VERONICA J.. MONTECINO, City Clerk of the City of La Ouinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
445 which was introduced at a regular meeting on the 16th day of October, 2007,
and was adopted at a regular meeting held on the 6th day of November, 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
. Ci: / OUint.~ as ;;d in City Council Resolution 2006-115.
&~~- ' ~
VERONICA J. N ECINO, CMC, City Clerk
City of La OUlnta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La
hereby certify that the foregoing ordinance was posted on
pursuant to Council Resolution.
do