ORD 449
ORDINANCE NO. 449
\
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 9 OF THE LA
QUINTA CHARTER AND THE LA QUINTA MUNICIPAL
CODE, TO PROHIBIT NEW MINI-STORAGE FACILITIES IN
THE COMMERCIAL PARK ZONE, WHILE ALLOWING
EXISITNG FACILITIES TO OPERATE AS LEGAL AND
CONFORMING USES.
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 11th 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 December, 2007, and considered the evidence, written and oral,
presented at the hearing; and
WHEREAS, the City Council at the meeting on the 4th day of
December, 2007, directed staff to return with an amendment that prohibits new
mini-storage warehouses, but does not create non-conformance for the existing
facilities located in the city; and
WHEREAS, the City Council held a duly noticed public hearing on the
4th day of December, 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 9.80.040 is
amended as follows:
Ordinance No. 449
Chapter 9 - Minl.Storage Warehouse
Zoning Ordinance
Adopted: December 18, 2007
Page 2
9.80.040 Table of permitted uses (EXCERPT)
Table 9-5 Permitted Uses In Nonresidential Districts (Continuedl
P = Principal use District
A = Accessory use "C
C = Conditional use (ij (ij >(ij o (ij (ij (ij >
cu 'u 'u ~ .- 0'- 'u 'u ~ ..
permit '" y 1: ~ ';; " ~ '" "
c ~ ~'" ~ ~ ~
" ~ " " o " ~ " y " o :); '';:
M :::: Minor use permit .2 E E m E E .c E " E 1f E 'CO' E ==
T = Temporary use g'E E"" E E -g,E 0 E 0 E :0 E g
a: 0 0 0 0 ._ 0 t- o 0 ou.
permit U U uu ~u u u u
X - Prohibited use
Land Use CR CP CC CN CT CO MC
Mini-storage X X' X X X X X
warehouses
1 Mini-storage warehousing operating on December 17, 2008 (effective date of Ordinance), are
considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and
may be modified or expanded within the boundaries of the lot on which they occur as of December
17, 2008 with approval of a Site Development Permit. Any modification or expansion shall conform
to the Development Standards for the Commercial Park zoning district contained in Chapter 9.90,
Nonresidential Development Standards.
SECTION 2. 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 3. 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 4. 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.
Ordinance No. 449
Chapter 9 - Mini.Storage Warehouse
Zoning Ordinance
Adopted: December 18. 2007
Page 3
SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and
effect and be in force 30 days after passage.
SECTION 6. PUBLICATION. The City Clerk is directed to publish this
Ordinance in the manner and in the time required by law.
PASSED, APPROVED, and ADOPTED by the City Council of the City
of La Quinta at a regular meeting thereof held on the 18th day of December, 2007,
by the following vote:
AYES:
Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES:
None
ABSENT:
None
ABSTAIN
None
~o~
City of La Quinta California
ATTEST:
~~.~~
VERONICA.J1MONTECINO, CMC, City Clerk
City of Lat(luinta, California
(CITY SEAL)
Ordinance No. 449
Chapter 9 - Mini-Storage Warehouse
Zoning Ordinance
Adopted: December 18. 2007
Page 4
APPROVED AS TO FORM:
M. KATHERINE JE N, City'Attorney
City of La Quinta, California
, ','
Ordinance No. 449
Chapter 9 - Mini-Storage Warehouse
Zoning Ordinance
Adopted: December 18, 2007
Page 5
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.
449 which was introduced at a regular meeting on the 4th day of December, 2007,
and was adopted at a regular meeting held on the 18th day of December, 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 La Quinta as specified in City Council Resolution No. 2006-115.
~~
V~ONTECINO' CMC, City Clerk
City of La uinta, California
/---,
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on 'J':b/,PJ??k,... ..t'/..24:J7.
, ,
pursuant to Council Resolution.
7L
VERONICA . MONTECINO, CMC, City Clerk
City of La Quinta, California