ORD 472ORDINANCE NO. 472
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE, 1) TO PERMIT USED VEHICLE SALES
NOT ASSOCIATED WITH A NEW VEHICLE SALES
FACILITY WITHIN THE REGIONAL COMMERCIAL
ZONING DISTRICT WITH APPROVAL OF A
CONDITIONAL USE PERMIT (9.80.040), 2) TO
ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF
USED CAR SALES FACILITIES (9.100.300), AND 3)
DELETION OF ERRONEOUS TEXT IDENTIFIED WITH THE
AUTOMOTIVE USES PORTION OF THE NON-
RESIDENTIAL TABLE OF PERMITTED USES (9.80.040)
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 City finds that the allowance of used car sales in regional
commercial zones of the City, subject to a conditional use permit, is desirable; and
WHEREAS, automobile sales and service related uses are identified in the La
Quinta General Plan as an appropriate land use in the Regional Commercial land use
designation; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 9`" of June, 2009, hold a duly noticed Public Hearing for review of a Zoning
Ordinance Amendment to 1) Permit used vehicle sales not associated with a new
vehicle sales facility within the Regional Commercial Zoning District with approval
of a Conditional Use Permit (9.80.040), 2) to establish provisions for the
development of used car sales facilities (9.100.300), and 3) delete erroneous text
identified with the automotive uses portion of the non-residential table of permitted
uses (9.80.040); and recommended approval of the proposed Amendments to the
City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the 7" day
of July, 2009, and considered the evidence, written and oral, presented at the
hearing.
Ordinance No. 472
Title 9, Zoning Code Amendment
Sections 9.80.040 and 9.100.300
Adopted: July 21, 2009
Page 2
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" and "B," on file in the Planning Department.
SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby
finds that this Ordinance is consistent with the La Quinta General Plan, which
authorizes automobile sales in the Regional Commercial District and does not
prohibit used automobile sales.
SECTION 3. 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 83-63) 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 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. EFFECTIVE DATE. This Ordinance shall take full force and effect and
be in force 30 days after passage.
SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it 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. 472
Title 9, Zoning Code Amendment
Sections 9.80.040 and 9.100.300
Adopted: July 21, 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 21" day of July 2009, by the
following vote:
AYES: Council Members Evans, Franklin, Sniff, Mayor Pro Tern Henderson
NOES: None
ABSENT: Mayor Adolph
ABSTAIN: None
Terry erson, Mayor Pro Tern
City o La Quinta California
ATTEST:
i
VERONICA'MONT,ECINO, CMC, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. &KKAT ERINE JENS City Attorney
City of La Quinta, California
Ordinance No. 472
Title 9, Zoning Code Amendment
Sections 9.80,040 and 9.100.300
Adopted: July 21, 2009
Page 4
EXHIBIT A
9.80.040 Table of permitted uses, Automotive 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 permit
Commercial
Facilities
M = Minor use permit
T = Temporary use permit
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
Automotive Uses
(Subject to Section 9.100.120,
Outdoor storage and display)
Used vehicle sales, not
C
C
X
X
X
X
X
associated with a new vehicle
Sales facility; as per Section
9-100.300
Ordinance No. 472
Title 9, Zoning Code Amendment
Sections 9.80.040 and 9.100.300
Adopted: July 21, 2009
Page 5
EXHIBIT B
9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility
A. Use Permit Required. Used vehicle sales not associated with a new vehicle
sales facility may be permitted in the CR district subject to approval of a conditional
use permit when consistent with a Specific Plan. Used vehicle sales facilities are
subject to the use and design standards herein.
B. Signs. Used vehicle sales facility signage shall be approved through a sign
program in accord with Section 9.160.090. Balloons, streamers, spinning or
animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices
shall be prohibited.
C. Hazardous Materials. All used vehicle sales facilities shall comply with the
requirements of Section 9.100.230 pertaining to hazardous materials, underground
storage tanks, product lines, dispensing equipment, etc.
D. Standards for Used Vehicle Sales Facilities.
1. Types of Used Vehicles Defined. Permitted principal use shall consist of
the sale of used motorized vehicles to include motorcycles, cars, trucks, and
commercial vehicles.
2. Accessory Uses. Permitted accessory uses shall include: vehicle service
and repair, sales and installation of automotive parts, electronics, and accessories,
car washing, and auto detailing. All accessory uses must be specifically included in
the conditional use permit approval.
3. Screening. A block wall of at least six feet in height and a 20 foot wide
landscaping buffer shall be installed along all site boundaries which abut
residentially zoned properties. All screening shall comply with the height standards
in Section 9.100.030 (Walls and Fences).
4. Storage and Display. All retail, service, repair, and storage uses shall
occur wholly within an enclosed building and in a specific location designated in the
approved conditional use permit. Focal display areas elevated more than one foot
above the average finish grade of the overall outdoor parking lot or display area
shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall
remain closed at all times. Vehicles must be parked on a paved surface and are
prohibited from being displayed from sidewalks or within landscaped areas.
Ordinance No. 472
Title 9, Zoning Code Amendment
Sections 9.80.040 and 9.100.300
Adopted: July 21, 2009
Page 6
5. Orientation of Service Bays. Service bays and garage doors shall not be
visible from perimeter arterial streets.
6. Property Standards. Used vehicle sales facilities shall not be permitted
on parcels less than four acres in size.
7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall
be prohibited on projects located within 300 feet of existing residences. In all
other instances, outdoor loudspeakers and intercoms shall be subject to the
provisions of Section 9.100.210 (Noise Control).
Ordinance No. 472
Title 9, Zoning Code Amendment
Sections 9.80.040 and 9.100.300
Adopted: July 21, 2009
Page 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA 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.
472 which was introduced at a regular meeting on the 7t' day of July, 2009, and
was adopted at a regular meeting held on the 215L day of July 2009, not being less
than five 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.
VERONICA )/"MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on July 22, 2009, pursuant
to Council,Resolution.
VERONICA "ONTECINO, CMC, City Clerk
City of La 16inta, California