ORD 480ORDINANCE NO. 480
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE, 1) TO ADJUST THE GUESTHOUSE
PROVISIONS IN THE TABLE OF PERMITTED USES
(9.40.040), 2) TO ADJUST THE GUESTHOUSE
PROVISIONS IN THE SUPPLEMENTAL RESIDENTIAL
CODE (9.60.100), 3) TO PROHIBIT SINGLE FAMILY
HOMES WITHIN THE VILLAGE COMMERCIAL DISTRICT
(9.65.020), 4) TO IDENTIFY GOLF CART SALES IN THE
NON-RESIDENTIAL TABLE OF PERMITTED USES
(9.80.040), 5) TO ADJUST THE PERMITTED DATE FOR
CHRISTMAS TREE SALES (9.100.080), 6) TO CORRECT
AN ERROR IN THE USED CAR SALES REGULATIONS
(9.100.300), 7) TO PERMIT THE USE OF SEASONAL
SALES BUSINESSES (9.100.310), AND 8) TO ADDRESS
MULTI -TENANT OFFICE COMPLEXES WITH INTERIOR
TENANTS IN THE SIGN ORDINANCE (9.160.050).
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 changes in circumstances; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 13`h of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to 1) Adjust the guesthouse provisions in the Table
of Permitted Uses (9.40.040), 2) Adjust the guesthouse provisions in the
Supplemental Residential Code (9.60.100), 3) Prohibit single family homes within
the Village Commercial District (9.65.020), 4) Identify golf cart sales in the Non -
Residential Table of Permitted Uses (9.80.040), 5) Adjust the permitted date for
Christmas Tree Sales (9.100.080), 6) Correct an error in the used car sales
regulations (9.100.300), 7) Permit the use of seasonal sales businesses
(9.100.310) and, 8) Address multi -tenant office complexes with interior tenants in
the Sign Ordinance (9.160.050); and recommended approval of the proposed
Amendments to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the 41h day
of May, 2010, 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:
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 2
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. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby
finds that this Ordinance is consistent with the La Quinta General Plan. The Zoning
Ordinance Amendment is consistent with the General Plan insofar as it amends the
Zoning Code to be consistent with California requirements for second units;
implements existing City policies that are in conformance with those in the General
Plan; removes inconsistent, conflicting, and incompatible portions of text; and
allows for continued high quality development in the City.
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. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta at a regular meeting thereof held on the 181h day of May, 2010, by the
following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN None
DON ADOL , Mayo
City of La Quinta California
r.%+r=tea
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
16,1
M. kA-THEININE JENSONLJ2Ity Attorney
City of La Quinta, California
Ordinance No. 4$0
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 4
Exhibit "A"
9.40.040 Residential Table of Permitted Uses.
Table 9-1 Permitted Uses in Residential Districts
P = Principal
use
District
A=
Accessory use
Very
Medium-
C =
Low
Low
Medium
High
High
Conditional use
Density
Density
Cove
Density
Density
Density
permit
Residential
Residential
Residential
Residential
Residential
Residential
M = Minor use
permit
H = Home
occupation
permit
S = Specific
plan required
X = Prohibited
use
Land Use
RVL
RL
RC
RM
RMH
RH
Accessory
Uses and
Structures
Guesthouses,
A
A
A
X A
X A
X A
subject to
Section
9.60.100
Second
A
A
A
A2
A2
A2
Residential
Units, subject
to Section
9.60.090'�
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 5
rerer�
lL]l�
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 6
Exhibit "B"
9.60.100 Guesthouses.
A. Purpose. This section provides standards and criteria for the establishment of
guesthouses where such units are permitted in accordance with Section 9.40.040.
B. Definitions. For purposes of this code, the following definitions shall apply:
1. "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.
2. "Living area" means the interior habitable area of a dwelling unit,
including basements and attics (if permitted) and shall not include a garage
or any accessory structure.
C. Limitations. Only one One seeond residential use a guesthouse may be
established on any single-family residential lot under teR ,ores an size '^ addition to
the primarY FesideRae as a permitted accessory use. TheFefer^ 8 thaR tWO
^„dent:..l Units O a single lot , n deF ten acres aF8 .nitte d , n deF the PFOViSiORS
f othis s seccien.. In the cove residential, medium density residential, medium high
density residential and high density residential zones, only one guest house may be
permitted on a lot, unless otherwise approved through a specific plan. In the very
low density residential and low density residential zones, more than one guest
house may be permitted with Planning Director approval.
D. Standards for Guesthouses. A questhouse may be e nstrueted as an ...,.,essor}
Guesthouses shall not be permitted when duplexes, tri-plexes, or apartments occur
on the lot. All guesthouses shall conform to the following standards:
1. Detached guesthouses shall conform to all applicable building code
standards and all development and design standards of the zoning district in
which they are located. In addition, the height of the guesthouse shall not
exceed seventeen feet and shall not be more than one story.
2. Guesthouses shall be architecturally compatible with the main unit.
3. The floor area of the guesthouse shall not exceed thirty percent of the
existing living area of the principal residence.
4. The placement of a guesthouse on a lot shall not result in violation of the
lot coverage maximums set forth in Section 9.50.030.
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 7
5. There shall be no kitchen or cooking facilities within a guesthouse.
6. A guesthouse shall be used only by the occupants of the main residence,
their non-paying guests, or domestic employees. The guesthouse shall not
be rented or otherwise occupied separately from the main residence.
7. A deed restriction shall be required for recordation against the property
to prohibit the use or conversion of the guesthouse to a rental unit, to a unit
for sale, or to add a kitchen or cooking facility.
8. If a private sewage disposal system is used, approval of the local health
officer shall be required.
9. When constructed with tract homes or prototypical residential units,
guesthouse location and design shall be reviewed and approved as a part of
the Site Development Permit process. On an individual single family lot of
record, guesthouses shall be reviewed and approved for conformance with
these provisions during the building permit plan check process.
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 8
Exhibit "C"
9.65.020 Permitted uses.
A. Permitted uses in the VC zoning district will combine essential day-to-day
neighborhood goods and services, tourism and visitor -based retail and
entertainment opportunities, and facilities necessary for the operational demands of
such uses.
B. The following uses are permitted in the VC zoning district with approval of
a Village use permit (VUP), pursuant to the procedures set forth in Section
9.65.040. Where a determination on a particular use is necessary, it shall be made
pursuant to Section 9.65.040(C):
1. SiRgle and Multifamily Residential dwellings. Such uses include town
heroes, condominiums, apartments and similar housing types. Residential density
shall be determined on a site specific basis, based on the development capacity for
the proposed project uses on the site. The ultimate decision on density shall rest
with the planning commission;
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 9
Exhibit "D"
9.80.040 Table of permitted uses.
Table 9-5 Permitted Uses In Nonresidential Districts (Continued)
P = Principal use
District
Regional
Commercial
Community
Neighborhood
Tourist
Office
Major
A = Accessory use
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Community
Facilities
C = Conditional use permit
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)
Golf cart, Neighborhood
P
P
P
X
X
X
X
Electric Vehicle (NEV), and
electric scooter sales
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 10
Exhibit "E"
9.100.080 Christmas tree sales.
Temporary Christmas tree sales facilities are permitted subject to approval of a
temporary use permit and the following requirements:
A. The facility shall not be established prior to the Monday fell
Thanksgiving in any calendar year.
B. Such a facility shall not engage in the sale of any merchandise not directly
associated with Christmas trees and Christmas decorations.
C. The applicant shall secure an electrical permit.
D. The facility shall be removed and the premises shall be cleared of all debris
and restored to the condition existing prior to the establishment of the facility by
the January 8th following the applicable Christmas holiday. A cash bond or other
guarantee shall be posted prior to establishment of the facility to ensure cleanup.
E. Each facility shall comply with fire prevention standards as approved and
enforced by the fire marshal.
F. Off-street parking and vehicular access shall be provided to the satisfaction
of the director.
G. Signs shall be restricted to one banner sign per street frontage, each sign
not exceeding thirty-two square feet. Other signs and advertising devices such as
pennants, flags, A -frame signs, are prohibited. (Ord. 284 § 1 (Exh. A) (part),
1996)
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 11
Exhibit "F"
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 On the GR this''^' in certain zoning districts subject
to approval of a conditional use permit when consistent with a Specific Plan, as per
the Non -Residential Table of Permitted Uses. Used vehicle sales facilities are
subject to the use and design standards herein.
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 12
Exhibit "G"
9.100.310 Seasonal Sales Businesses.
A. Purpose.
This section provides regulations
for temporary
businesses
operating at a single location within an existing commercial building
or interior
tenant space on
a seasonal or short-term basis for
a period not to
exceed 90
consecutive days
within a calendar year. This chapter
shall not apply
to those
businesses which
intend to operate, or have been in
operation, longer
than a 90
day period at a single
location.
B. Where Permitted. Seasonal sales businesses may be permitted with a
Temporary Use Permit as per Section 9.210.050 when identified as a permitted
land use under Section 9.80.040.
C. City Business License Required. All seasonal businesses shall obtain a City
Business License and have a point of sale within the City of La Quinta.
D. Signs. Temporary signs for seasonal sales businesses shall be permitted in
accord with Section 9.160.050 through approval of the Temporary Use Permit.
Permitted temporary sign material shall be limited to a minimum one -inch thick
plastic formed lettering affixed to the building facade. All sign lettering shall
promptly be removed upon expiration of the Temporary Use Permit and the facade
shall be restored to its prior condition. Seasonal sales businesses shall not be
permitted an additional sign permit for a "grand opening" banner or permanent sign.
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 13
Exhibit "H"
9.160.050 Permanent signs in nonresidential districts.
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Note: Freestanding signs shall not be located within 5 feet of a street right-of-
way nor within a corner cutoff area identified in Section 9.100.030.
Note: "ID" means identification sign.
Note: Signs required by law shall be allowed at the minimum size specified by
such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
Building-
1 flush-
Flush-
8 ft.
Direct or
ID signs net
mounted or
mounted
mounted: 1
indirect for
meted
permanent
plus 1
sq. ft. per
all signs
for tenants
window ID
under-
lineal ft. of
above the
signs for
canopy per
lease
ground
individual
tenant
frontage up
floor in
commercial
frontage
to
buildings
or office
along a
maximum
with only
tenants
street or
of 50 sq.
interior
along a
ft.
access
common-
aggregate
above
use parking
Under-
ground
lot with no
canopy: 3
floor shall
direct street
sq. ft.
require a
frontage
sign
program
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted: May 18, 2010
Page 14
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
1, 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.
480 which was introduced at a regular meeting on the 4`h day of May 2010, and
was adopted at a regular meeting held on the 18" day of May 2010, 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.
VERONICA J. MONTECINO, CMC, City Clerk
City of Ea Quinta, 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 May 2p , 2010
pursuant to Council Resolution.
VERONICA,di MONTECINO, CMC, City Clerk
City of La Quinta, California