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ORD 466ORDINANCE NO. 466 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) UPDATE THE LIST OF ESTABLISHED ZONES (9.20.010), 2) IDENTIFY THE EFFECTIVE DATE FOR LOW DENSITY RESIDENTIAL ZONED LOTS WHICH ARE PERMITTED A 10 FOOT REAR SETBACK (9.50.030), 3) IDENTIFY THE CORRECT COVE RESIDENTIAL MINIMUM DWELLING UNIT SIZE IN TABLE 9-2 (9.50.030), 4) IDENTIFY PROVISIONS FOR THE USE OF VINYL FENCING MATERIALS (9.50.090), 5) CORRECT THE GUESTHOUSE PROVISIONS IN THE RESIDENTIAL TABLE OF PERMITTED USES (9.60.100), 6) REQUIRE A SPECIFIC PLAN IN CERTAIN COMMERCIAL ZONING DISTRICTS FOR ALL PROJECTS OVER 10 ACRES IN SIZE (9.70.030 & 9.90.040), 71IDENTIFY TOBACCO AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040), 8) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (9.200.070), AND 9) SPECIFY CRITERIA FOR MODIFICATION BY APPLICANT PROCEDURES (9.200.090). WHEREAS, the City has found that changes in policies, 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 of the City of La Quinta, California, did on the 241h of March, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to update the list of established zones (9.20.010), to identify the effective date for low -density residential zoned lots which are permitted a 10 foot rear setback (9.50.030), to identify the correct cove residential minimum dwelling unit size in Table 9-2 (9.50.030), to identify provisions for the use of vinyl fencing materials (9.50.090), to correct the guesthouse provisions in the residential table of permitted uses (9.60.100), to require a specific plan in certain commercial Zoning districts for all projects over 10 acres in size (9.70.030 & 9.90.040), to identify tobacco and ice skating related uses in the non-residential table of permitted uses (9.80.040), to establish sunset provisions for inactive and incomplete applications (9.200.070), and to specify criteria for modification by applicant procedures (9.200.090); and recommended approval of the proposed Amendments to the City Council; and Ordinance No. 466 Title 9 Amendments Adopted: May 5, 2009 Page 2 WHEREAS, the City Council held a duly noticed public hearing on the 21't day of April, 2009, 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 Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "H," on file in the Planning Department. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 1983-063) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. 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. I 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. POSTING. The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. Ordinance No. 466 Title 9 Amendments Adopted: May 5, 2009 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the $ day of MAY, 2009, by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None V✓Dat'-s" DON ADOLPH, Ma r City of La Quinta California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. K RINE JENS N, City ttorney City f a Quinta, Cali rnia Ordinance No. 466 Title 9 Amendments Adopted: May 5, 2009 Page 4 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. 466 which was introduced at a regular meeting on the 2151 day of April, 2009, and was adopted at a regular meeting held on the $ t� day of d t&v. 2009, not being less than 5 days after the date of introduction thereo 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. J City of La gTECINO, CMC, City Clerk 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 � z0o� pursuant to Council Resolution. VERONICA J.,I�ONTECINO, CMC, City Clerk City of La Qu ta, California Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 *4:u:3rse1 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan: 1. RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District -VR Village Residential D'stF*Gt 9. VC Village Commercial District VG 4-1- V-P Village PaFk DiSt4GI 472, V-S Village South DiSt.i..t 4¢ 10. NR Nonresidential Overlay District 11. CR Regional Commercial District 12. CP Commercial Park District 13. CC Community Commercial District 14. CN Neighborhood Commercial District 15. CT Tourist Commercial District 16. CO Office Commercial District 17. MC Major Community Facilities District 18. PR Parks and Recreation District 19. GC Golf Course District 20. OS Open Space District 21. FP Floodplain District 22. HC Hillside Conservation Overlay District 23. SOB Sexually Oriented Business Overlay District 24. EOD Equestrian Overlay District Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT B 9.50.030 Table of development standards Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH RSP RR Overlay Overl Minimum lot size for single- 20,000 7200 7200 5000 3600 2000 ** family dwellings (sq. ft.) Minimum project size for n/a n/a n/a n/a 20,000 20,000 n/a multifamily projects (sq. ft.), Minimum lot frontage for 100 60 60 50 40 n/a ** single-family dwellings (ftX Minimum frontage for n/a n/a n/a n/a 100 100 n/a multifamily projects (ft.) Maximum structure height 28 28 17 28 28 40 * ** (ft.)2 Maximum number of stories 2 2 1 2 2 3 Minimum front yard setback 30 20 20 20 20 20 RVL:, (ft.)a Minimum garage setback n/a 25 25 25 25 25 ** (ft.) Minimum interior/exterior 10/20 5/10 5/10 5/10 5/10 10/15 * ** side yard setback (ft.)5 7 Minimum rear yard setback 30 20 for 10 15 15 20 (ft.)7 new lots and 10 for existing recorded Iotse Maximum lot coverage M of 40 50 60 60 60 60 ** net lot area) Minimum livable area 2500 1400 4400 1400 1400 750 for * ** excluding garage (sq. ft.) 1200 (multi- multi- family: family 750) Minimum common open n/a n/a n/a 30% 30% 30% 30% n/a areab Minimum/average perimeter 10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a landscape setbacks (ft.)6 1 1 1 1 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 Special Zoning Symbols Referenced on the Official Zoning Map Symbol Description of Special Zoning Symbols Used as per Section 9.20.03 60-RM-10,000 60-foot minimum lot frontage, medium density residential zoning, 17/1 10,000 square foot minimum lot size, 17-foot maximum building heic at one story RL 10,000 Low density residential zoning, 10,000 square foot minimum lot sizf 17/1 17-foot maximum building height at one story RM Medium density residential zoning, 17-foot maximum building height 17/1 one story RL 1 Low density residential zoning, 17-foot maximum building height at o 17/1 story * As shown on the approved specific plan for the project. ** As provided in the underlying base district. Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. 3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single famil dwelling units facing the same street shall incorporate front setbacks varying between 20 feet al 25 feet or more in order to avoid streetscape monotony. ° For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RV district and 15 feet in all other residential districts. 5 The following are exceptions to the minimum side setbacks shown:" For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet pli 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. For RH, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from sai side yard property line. For interior setbacks, if the building is over 28 feet in height the setback ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 6 Common open area and perimeter landscape requirements do not apply to single-family detach projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. Rear and side yard setbacks for residential units abutting the image corridor shall be a minimun of 25 feet with the exception of RVL zone district where it only applies to the side yard. 8 Existing recorded lots prior to May 1, 1997. Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT C 9.40.040 Table of permitted uses. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use District C = Conditional use permit M = Minor use permit H = Home occupation Very Medium - permit Low Low Medium High High S = Specific plan required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Residential Uses Guesthouses, subject M A M A M A X X X to Section 9.60.100 Second residential A A A Az A A units subject to Section 9.60.090 1•3 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT D 9.80.040 Table of permitted uses. Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor- Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use Commercial permit Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CID Cc CN CT CO MC Dining, Drinking and Entertainment Uses Restaurants, drive- P A P X P X X through Restaurants, counter P P P P P X X take-out with ancillary seating, such as yoghurt, ice cream, pastry shops and similar Bars, taverns and cocktail C C C X C X X lounges Dancing or live C X C X C X X entertainment as a principal use Dancing or live A X C C C X X entertainment as an accessory use Theaters, live or motion C X C X C X X picture Tobacco shops without P X C X C X X onsite smoking, as per the provisions of the Health and Sanitation Code Cigar lounges, hookah C X X X C X X bars, and similar uses with onsite smoking, as per the provisions of the Health and Sanitation Code Recreation Uses Ice skating rinks 1 9 1 X 1 C I X X X C Ordinance 466 Title 9 Amendments Adopted May 6, 2009 EXHIBIT E 9.60.030 Fences and walls. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Wood and Vinyl Fencing. a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood and vinyl or similar recycled fencing materials are +s permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this section. b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c All vinyl or similar recycled fencing material shall be constructed of an aluminum -reinforced non -reflective material that contains anti -static and UV -radiation inhibiting additives. d. G—. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building Code. e. d. Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four feet and three feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non -wood products that have the appearance of split rail. A building permit shall be obtained prior to construction. Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT F 9.70.030 CR regional commercial district. A. Purpose and Intent. To provide for the development and regulation of regionally oriented commercial areas located along the Highway 1 1 1 corridor as shown on the general plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. Pr general plan Polley 2 3.1.9, Approval of a specific plan is required for any development or land division greater than 10 acres in the CR district. 9.90.040 Table of development standards. Table 9-6 following and the illustrations in Section 9.90.050 set forth standards for the development of property within nonresidential districts. Notwithstanding Table 9-6, different standards shall apply if special zoning symbols, described in Section 9.20.030, are designated on the official zoning map. Table 9-6 Nonresidential Development Standards Development Standard District CR* CP* Cc CN CT* CO MC Minimum —Maximum building site (acres) n/a n/a n/a 1-20 n/a n/a n/a Maximum building height (ft.)' e 50 35 40 35 40 40 40 Maximum number of stories 4 2 3 2 3 3 3 Maximum floor area ratio (FAR)2 .35 .50 .30 .25 .25 .30 n/a Minimum perimeter From Highway 111 right-of-way' 50/50 50/50 50/50 n/a n/a n/a n/a Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 building/landscape From all primary setbacks (in ft.)° image corridor' rights -of -way' 30/20 30/20 30/20 30/20 30/20 30/20 30/20 (except Hwy 1 1 1) and from all major and primary arterials From all other perimeter street 20/10 20/10 20/10 20/10 20/10 20/10 20/10 rights -of -way' From residential districts and PR, OS 50/10L5O/10 50/10 30/15' 30/155 30/15' 30/155 and GC districts' Minimum setback from interior property 0 0 0 0 0 0 lines within the same project Parking and signs See Chapters 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 19.100.050 * Specific plan approval required for development or land division greater than 10 acres in the CR, CP, and TC districts. ' All minimum perimeter setbacks shall be increased 1 foot for every foot in height that building is above 35 feet. 2 FAR means the gross floor area of all buildings divided by the building site area. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). ° Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; nonparking areas: minimum 5 percent (also see Section 9.100.050). 5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20. c Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan primary image corridor and major or primary arterials. Ordinance 466 Title 9 Amendments Adopted. May 5, 2009 EXHIBIT G 9.200.070 Time limits on processing applications. A. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. (Ord. 284 § 1 (Exh. A) (part), 1996) B. Incomplete Application Sunset Provisions All applications which remain incomplete and inactive for a minimum 6 month period shall have a written 30 day warning notification forwarded to the applicant by means of Certified Mail or similar method. If no action is taken by the applicant regarding the application within 30 days thereafter, the application shall automatically be withdrawn and closed. Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT H 9.200.090 Modifications by applicant A. Plan Modifications by Applicant. Site Development Permit and Village Use Permit Relans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision -making authority. (Ord. 284 § 1 (Exh. A) (part), 1996) C. Criteria Modifications by Applicant shall permit minor changes to an existing or approved Site Development Permit or Village Use Permit. The following criteria constitute minor changes that shall be deemed eligible for Modification by Applicant consideration: 1 Increases in building square footage not to exceed ten percent from the original approval that have been determined to not result in a significant architectural aesthetic or visual impact to the existing project and require additional parking. 2 Changes additions or adjustments to windows, window locations, or window treatments. 3 Changes substitutions or adjustments to building materials, roofing materials screening materials, lighting fixtures, or paving. 4 Changes additions or substitutions to existing landscaping, including the removal of turf or water features. 5. Minor adjustments substitutions, or additions to architectural features such as pilasters canopies trellises shade structures overhangs, eaves parapets cornices or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building. 6 Changes substitutions or adjustments to the approved color palate or material colors. Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 D. Ineligibility. Modifications by Applicant which have been determined by the Planning Director, Planning Commission or City Council to exceed these standards or constitute a significant change shall require application and approval of an amended Site Development Permit or amended Village Use Permit.