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ORD 509ORDINANCE NO. 509 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE, SPECIFICALLY: CHAPTER 9.60.300 (COMPATIBILITY REVIEW FOR PARTIALLY DEVELOPED SUBDIVISIONS) TO ALLOW GREATER FLEXIBILITY REGARDING THE REVIEW PROCESS AND DEVELOPMENT STANDARD . COMPLIANCE FOR COMPATIBILITY REVIEW FOR PARTIALLY -DEVELOPED SUBDIVISIONS CASE NO.: ZONING ORDINANCE AMENDMENT 2013-112 WHEREAS, the City recognizes the importance of accommodating changes in residential building and design practices; 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 12th day of February, 2013, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend certain Sections of the La Quinta Municipal Code; and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-001, recommending to the City Council approval of the proposed Zoning Ordinance Amendment; and, WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on February 22, 2013 as prescribed by the Municipal Code; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zoning Ordinance Amendment: Finding A The proposed amendment is consistent with the General Plan. The proposed Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan, particularly Goal 2 of the Residential Goals, Policies and Programs, in that the proposed code revision will facilitate a broader range of housing types, through greater_ flexibility in siting units on residential lots and design options for individual homes. Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 2 of 9 Finding B Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and general welfare of the community or surrounding natural environment in that the proposed change is procedural in nature and will not result in a change of type or density of land use allowed by the existing Zoning Ordinance. It will not result in any change to an existing recreational area or the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood or have an impact inconsistent with the Bermuda Dunes Airport Land Use Compatibility Plan. 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 Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. ENVIRONMENTAL. The Community Development 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 Community Development Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(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. SECTION 4. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after its adoption. Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 3 of 9 SECTION 5. 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 2nd day of April, 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPA, Ma o City of La Quinta California ATTEST: SLU -- SUSAN MAYSELS, City Clerk City of La Quinta,- California (CITY SEAL) AS TO FORM: ATHERINE JEN*ON, City Attorney of La Quinta, California Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 4 of 9 4AXII-311 Amend 9.60.300 Compatibility review for partially developed subdivisions as follows: A. Purpose. Residential subdivisions are often developed in phases, either by the same or different developers or by individual owner -builders. This section imposes requirements to ensure that units in later phases of such projects are compatible in design and appearance with those already constructed. B. Definition. For purposes of this section, the term "compatible" means residential buildings which are similar in floor area and harmonious in architectural style, mass, scale, materials, colors, and overall appearance. C. Applicability. This section applies to all second story additions, and proposed major design deviations, and new residential units which are different from those originally constructed and/or approved and which are proposed for construction within a partially developed subdivision, except for a custom home subdivision, project or phase. Proposed minor design deviations are not subject to this section. These requirements are in addition to other applicable regulations in this code. 1. Minor Design Deviation. A minor design deviation can be - approved by the Community Development Department without a- public hearing. Minor design deviation means a modification of an approved architectural unit within a subdivision that involves items such as, but not limited to, less than ten perceid'e. -ange in '= square footage of existing constructed or approved units; columns, dormer vents, window size changes, plant -on locations, color, and stucco texture changes. The Community Development Director may refer the minor design deviation to the planning commission as a business item under the site development permit process. Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 5 of 9 2. Major Design Deviation. A major design deviation is subject to the compatibility review for partially developed subdivisions. A major design deviation means a ten percent or more change in square footage of existing constructed or approved units; any exterior architectural modification not defined as a minor design deviation. D. Site Development Permit Required. Residential units subject to this section are subject to approval of a site development permit by the planning commission per Section 9.210.010. Applications for such permits shall be filed with the plaRRiRg Community Development Department on forms prescribed by the director together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Acceptance of Applications as Complete. Within thirty days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed until all required materials have been submitted and the application deemed complete. F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110 prior to planning commission approval or denial of any site development permit consisting of the construction of a total of five houses within a tract under the compatibility review provisions of this section. Construction of a total of five or less units shall require review and approval of the planning commission as a business item. The plaRRing Community Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the director. Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 6 of 9 G. Precise Development Plan. A site development permit approved under the compatibility review provisions of this section constitutes a precise development plan. Therefore, the residential development authorized under the site development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. H. Required Findings. In addition to the findings required for approval of a site development permit, the following findings shall be made by the decision -making authority prior to the approval of any site development permit under the compatibility review provisions of this section: 1. The development standards of subsection I of this section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. I. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the planning commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in the same subdivision. 2. If lot fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwelling(s), as determined by the planning commission, including any perimeter subdivision fencing. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and.materials board, unless otherwise approved by the planning commission, with respect to the following design elements: Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 7 of 9 a. Architectural material such as roof material, window treatment and garage door style; b. Colors; C. Roof lines; d. Lot area; and e. Building mass and scale. 4. At least one specimen tree (i.e., minimum of a 24-inch box size 0.5-inch to 2-inch caliper) and minimum ten -foot tall, measured from top of box) shall be provided in the front yard and street side yard with the total number of trees on each lot to be the same as that provided for on the original units. 6. Residential units with identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. J. Commission Discretion on Unit Types. The planning commission, in reviewing dwelling units under this section, may limit the type and the number of a particular unit to be constructed within a subdivision. K. Appeals. The applicant or another aggrieved party may appeal decisions of the planning commission in accordance with the provisions of Section 9.200.120. Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 8 of 9 unit within -a means a Fried6fleatien of an appFeved R ti aFGh*teGtUFaI but limited to, I subd*yosffion that1 as, Ordinance No. 509 Zoning Ordinance Amendment 2013-112 Adopted: April 2, 2013 Page 9 of 9 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA ► I, SUSAN MAYSELS, 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. 509 which was introduced at a regular meeting on the 19th day of March, 2013 and was adopted at a regular meeting held on the 2nd day of April, 2013, 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. SUSAN MAYSELS, City 1jerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on April 3, 2013, pursuant to Council Resolution. SUSAN MAYSELS, Cit Clerk City of La Quinta, California