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ORD 489ORDINANCE NO. 489 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) A CLARIFICATION REGARDING THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS (§9.50.100), 2) CORRECTING AN ERROR REGARDING GUEST HOUSES AND SECONDARY UNITS (§9.140.070), 3) ADJUSTING THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS (§9.200.080), 4) DELETION OF OBSOLETE LANGUAGE REFERENCING GUESTHOUSE EXAMPLES (§9.210.020), AND 5) REVISED DEFINITIONS OF CHILD DAY CARE USES TO BE CONSISTENT WITH STATE LAW 09.280.030). 9.280.030). 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 14' of June, 2011, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) clarify the location of certain landscaped parkways (§9.50.1001, 2) correct an error regarding guesthouses and secondary dwelling units (§9.140.070), 3) adjust the time extension period for development review permits (§9.200.080), 4) delete obsolete language regarding guesthouse examples (§9.210.020), and 5) revise definitions to be consistent with state law 09.280.030), and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 5`" day of June, 2011, 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 "E," 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 Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 2 of 9 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. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 19' day of July, 2011, by the following vote: Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 3 of 9 AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: Council Member Sniff ABSTAIN None DON A or City of La Quin aayCalifornia A City of LcfQuinta, California (CITY SEAL) Iz APPROVED AS TO FORM: M. KATHEIRINE JEN�,ON, City Attorney City of La Quinta, C44ifornia Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 4 of 9 Exhibit "A" 9.50.100 RL district property subdivision development standards, ten acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of twenty thousand square feet shall be required, unless: a. The proposed subdivision establishes a minimum of twenty - residential lots). The open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the twenty-five percent open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential: lots within the abutting subdivided properties created prior to August 2, 2007.. c. Driveway access should be consolidated with other,neighboring properties. 2. Under no circumstances shall lots be less than ten thousand square feet in size. 3. A landscaped parkway of thirty feet in depth shall be required on all public arterial streets. 4. All other development standards of the RL district, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The city's official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 440 § 2, 2007) Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 5 of 9 Exhibit "B" 9.140.070 Low density/agricultural-equestrian residential district. TABLE 9-10 PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT Accessory Uses and Structures Guest houses, subject to Section 9.60.010 M M A Second units, "granny flats" and employee quarters, subject o Section 9.60.090 M M A Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 8 of 9 Exhibit "C" 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permits effective date as set forth in Section 9.200.060. The period of validity shall run indefinitely unless it expiFeS pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 284 § 1 (Exh. A) (part), 1996) Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 7 of 9 Exhibit "D" 9.210.020 Conditional use permits and minor use permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this section, the term "use permit' includes both conditional use and minor use permits. B. Definitions. "Use permit' means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. 1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents or businesses; for example, kennels or animal shelters. 2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents or businesses. In most cases, such uses are accessory to a main or principal use on the property; fee e ple a guesthouse on a lot ,,,.ntai. ing . main residenee. Ordinance No. 489 Amending Title 9 Adopted: Jury 19, 2011 Page 8 of 9 Exhibit "E" 9.280.030 Definition of terms. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: at the Mere. (a) "Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (b) "Large family day care home" means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home. (c) "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home. Ordinance No. 489 Amending Title 9 Adopted: July 19, 2011 Page 9 of 9 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. 489 which was introduced at a regular meeting on the 5`" day of July 2011, and was adopted at a regular meeting held on the 191" day of July201 1, 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. r VER NICA ONTE INO, CMC, City Clerk City of La Guinta, 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 25 2olt pursuant to Council Resolution. VMONICAONTECINO, CMC, City Clerk City of La Ouinta, California