ORD 497ORDINANCE NO. 497
AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA,
AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1.) A
PROVISION TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL
STORES HAVING GREATER THAN 100,000 SQUARE FEET OF
GROSS FLOOR AREA 09.100.1201, AND 2.► MODIFY THE
PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL
EVENTS 09.100.130).
WHEREAS, the City recognizes the importance of accommodating and
encouraging sales and commerce at local retailers during this challenging economic
period; 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 24`h of April, 2012, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to 1.) to allow outdoor sales and display at retail
stores greater than 100,000 GFA (§9.100.120), and 2.) to modify the permitted
frequency of sidewalk sales and commercial events (§9.100.130) and, after
hearing and considering all testimony and arguments, did adopt Planning
Commission Resolution 2012-009 recommending approval of the proposed Zoning
Ordinance Amendment to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the 15`'
day of May, 2012, and considered the evidence, written and oral, presented at the
hearing.
NOW THEREFORE, 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," attached hereto and incorporated
herein by this reference.
SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby
finds that this Ordinance is consistent with the goals, objectives, and policies of La
Quinta General Plan. The Zoning Ordinance Amendment is also consistent with the
General Plan because it does not create any new or changed conditions to the
environment, is intended to encourage and enhance economic growth, and allow
for the continued high quality of development in the City.
Ordinance NoA97
Zoning Ordinance Amendment 2012.107
May 15, 2012
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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. EFFECTIVE DATE. This Ordinance shall take full force and effect and
be in force 30 days after its adoption.
SECTION 6. 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 51a day of June, 2012, by the
following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN None
Ordinance No.497
Zoning Ordinance Amendment 2012-107
May 15, 2012
Page 3 of 10
ATTEST:
SUSAN MAYSELS, ltqerim City Clerk
City of La Quinta, California
APPROVED AS
M. KATHERINE JI
City of La Quinta,
FORM:
, City Attorney
AWA. kka--Fl.
DON ADO PH, Myor
City of La Quinta California
Ordinance No.497
Zoning Ordinance Amendment 2012.107
May 15, 2012
Page 4 of 10
"Exhibit A"
§9.100.120 Outdoor storage and display.
A. Purpose. This section provides regulations for the permanent outdoor
storage and display of merchandise, materials and equipment.
B. Where Permitted. The storage and/or display of any merchandise, materials
or equipment outside of an enclosed building is prohibited except where permitted
in accordance with this section, Section §9.80.040 pertaining to permitted uses,
Section §9.100.130 pertaining to sidewalk sales and special events, or where
permitted by a conditional use permit.
C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or
materials storage area, including vehicle storage, shall comply with the following
regulations:
1. Use Permit. The establishment of any outdoor equipment or materials
storage use shall require approval of a conditional use permit pursuant to
Section 9.210.020.
2. Location. An equipment, material or storage yard use shall only be
located where a main building is permitted by the applicable district
regulations.
3. Screening. Outdoor storage yards shall be screened whenever they
abut the boundary of the building site or are located between a building and
an abutting street. The screening materials shall be not less than five feet
high and shall be in compliance with Section §9.100.030 (Fences and walls).
Screening may consist of one or a combination of the following types:
a. Walls. A wall shall consist of concrete, stone, brick, tile or
similar type of solid masonry material a minimum of six inches thick.
b. Solid Fences. Solid fences may be used for screening if
approved by the decision -making authority. Such fences shall be
constructed of wood or other materials with a minimum nominal
thickness of two inches and shall form an opaque screen. All wood
fencing shall be constructed of not less than a grade of construction
Ordinance No.497
Zoning Ordinance Amendment 2012-107
May 15, 2012
Page 5 of 10
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. Plant Screens. Plant materials, when used as a screen, shall
consist of compact evergreen plants. Such planting shall be of a kind
or used in such a manner so as to provide screening with a minimum
thickness of two feet within eighteen months after initial installation.
Permanent automatic irrigation shall be provided. If, eighteen months
after installation, plant materials have not formed an opaque screen or
if an opaque screen is not maintained, the planning director may
require that a wall, solid fence or berms be installed.
D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction
with retail uses such as nursery and garden supply stores or departments within
retail stores shall comply with the following standards:
1. Fencing. The outdoor sales and display area shall be enclosed by a
wall or fence at least four feet high which obscures views from streets or
public parking areas into the area. The color and materials used to fence the
area shall be complementary to the color and materials used in buildings on -
site. Chain link fencing is not permitted.
2. Building Design. When the outdoor sales area is an extension of retail
uses within an adjacent building, it shall be enclosed by a wall which is, by
exterior appearance, an extension of the adjacent building. The design of the
building and outdoor area shall appear as a single structure.
E. Outdoor Display and Sales for Commercial Retail Uses Greater than 100,000
Square Feet. Outdoor display and sales areas in conjunction with retail commercial
businesses having over 100,000 square feet of gross floor area (GFA) may be
permitted subject to the approval of a conditional use permit in accordance with
Section 9.210.020. The conditional use permit shall establish standards for each
facility in addition to the requirements of this section:
1. Area. Outdoor display and sales areas shall not exceed 10% of the
gross floor area of the retail commercial building.
Ordinance No.497
Zoning Ordinance Amendment 2012-107
May 15, 2012
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2. Locations. Outdoor display and sales areas shall be restricted to those
locations identified on an approved plan -designated area and shall comply
with the following standards:
a. Permitted locations for outdoor display and sales areas shall be
in conformance with all current fire, health, building and safety codes.
b. Outdoor display and sales
designated portions of sidewalk,
proximity to the storefront.
areas may be permitted within
patios, and similar areas within
C. No outdoor display and sales area shall obstruct an entrance or
exit to any building, impede the flow of pedestrian or vehicular traffic,
or obstruct access to any parking space or drive aisle.
d. Permanent modifications to the building, landscaping, or site
plan for purposes of outdoor display shall require approval through the
City's development review process.
3. Performance Standards. Items and materials to be displayed outdoors
within designated areas shall comply with the following standards:
a. All items and materials to be displayed outdoors shall be in
conformance with current fire, health, building and safety codes.
b. No item shall be displayed in a manner that causes a safety
hazard or public nuisance.
C. Fixtures and tables used to display merchandise shall be
maintained in good repair.
d. Signs, flags, banners, placards, balloons, streamers, spot
lighting, amplified music, or similar features shall be prohibited unless
otherwise permitted and approved through a separate sign permit.
e. Outdoor display and sales areas shall be kept clean and
maintained on a continual basis.
4. Authority to Suspend Operations. Failure to comply with these
provisions is subject to suspension or revocation of a permit.
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Zoning Ordinance Amendment 2012-107
May 15, 2012
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F. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to
the approval of a conditional use permit in accordance with Section 9.210.020.
The use permit shall establish standards for each such facility. Such standards shall
include at a minimum:
1. Landscaping. Perimeter landscaping conforming to that required for
the applicable zoning district per Chapter 9.90.
2. Lighting. Outdoor lighting conforming to the standards of Section
9.100.150.
3. Vehicle Display. Precise delineation of the location and limits of
outdoor vehicle display and storage areas, plus prohibition of focal display
areas elevated more than one foot above the average finish grade of the
overall outdoor display area. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 §
1 (Exh. A) (part), 1996►
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Zoning Ordinance Amendment 2012.107
May 15, 2012
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"Exhibit B"
§9.100.130 Sidewalk sales and commercial events.
A. Purpose. This section provides regulations for: (1) the temporary outdoor
sale of merchandise by retail businesses, and (2) special outdoor commercial
events within shopping centers.
B. Definitions. For purposes of this section, the following definitions shall
apply:
1. A "sidewalk or parking lot sale"means the temporary outdoor display
and sale by a retail business, of merchandise which is normally displayed
indoors at the same location as the outdoor sale.
2. A special commercial event means the temporary outdoor display and
sale of merchandise, not necessarily sold indoors at the same location, arts
and crafts shows, entertainment, or similar events within a commercial
center.
C. Temporary Use Permit Required. Sidewalk sales and special events in
commercial centers are permitted subject to issuance of a temporary use
permit and compliance with the following provisions:
1. The application for a temporary use permit for a sidewalk sale or a
special commercial event shall include a site plan indicating the location of
the temporary uses and demonstrating maintenance of adequate parking,
site circulation and emergency access.
2. A sidewalk sale or a special commercial event may be conducted over
a maximum of four consecutive days and no more than once per month
at any location, not to exceed six times per year. Each such event shall
require the approval of a temporary use permit. Special commercial events
which benefit nonprofit organizations can be held more than six times per
year if conducted on sidewalk areas and approved by the planning
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Zoning Ordinance Amendment 2012-107
May 15, 2012
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3. Adequate and legal pedestrian access shall be maintained around
merchandise or displays placed on a sidewalk or walkway.
4. Adequate vehicle access shall be maintained around merchandise,
displays or temporary structures placed in parking areas.
5. A cash bond or other guarantee shall be posted for removal of the
temporary use and cleanup and restoration of the activity site within seven
days of the conclusion of the event.
6. The application shall be reviewed by the fire marshal and the event
shall comply with fire prevention standards and emergency access
requirements as approved and enforced by the fire marshal.
7. Temporary signs may be permitted subject to the provisions of Section
9.160.060 (Permitted temporary signs). (Ord. 325 § 1 (Exh. A) (part),
1998; Ord. 284 § 1 (Exh. A) (part), 1996)
Ordinance No.497
Zoning Ordinance Amendment 2012-107
May 15, 2012
Page 10 of 10
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA ►
I, SUSAN MAYSELS, Interim 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.
497 which was introduced at a regular meeting on the 15th day of May, 2012 and
was adopted at a regular meeting held on the 5th day of June, 2012, 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. 2006-1 15.
SUSAN MAYSELS, Intern City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on June 6, 2012, pursuant
to Council Resolution.
Susan Maysels, Interim Cit Clerk
City of La Quinta, California