The URL can be used to link to this page

ORD 512ORDINANCE NO. 512 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE, TO INCLUDE: 1) ESTABLISHING AN AFFORDABLE HOUSING OVERLAY DISTRICT; 2) ESTABLISHING USE ALLOWANCES AND STANDARDS FOR EMERGENCY AND TRANSITIONAL HOUSING; 3) AMENDING AFFORDABLE HOUSING DENSITY BONUS PROVISIONS; AND 4) ESTABLISHING PROCEDURES FOR REASONABLE ACCOMMODATION CASE NO: ZONING ORDINANCE AMENDMENT 2013-114 APPLICANT: CITY OF LA QUINTA WHEREAS, the La Quinta City Council adopted the 2035 General Plan Update on February 19, 2013, to guide development throughout the City, and maintains a Zoning Ordinance to implement the vision set forth in the General Plan; and WHEREAS, said General Plan adoption incorporated the City of La Quinta's Housing Element, as adopted by the La Quinta City Council on August 2, 2011 (Res. No. 201 1-072); and WHEREAS, the La Quinta General Plan's Housing Element includes several program objectives related to rezoning and zoning code amendment actions necessary to accommodate state -mandated affordable housing requirements; and WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14`h day of May, 2013, hold a duly noticed Public Hearing to consider a recommendation regarding Zoning Ordinance Amendment 2013-114 and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-005, recommending to the City Council approval of Zoning Ordinance Amendment 2013-114; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of June, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation regarding Zoning Ordinance Amendment 2013-114, to amend.Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 2 this Ordinance, and considered the evidence, written and oral, presented at said hearing; and WHEREAS, a public hearing notice was published in the The Desert Sun newspaper on May 24, 2013 as prescribed by the Municipal Code; and, WHEREAS, at the June 4, 2013 City Council public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did, by adoption of this Ordinance, make the mandatory findings to grant approval of said Zoning Ordinance Amendment; NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9 (Zoning) of the La Quinta Municipal Code, is amended as identified on Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN: The City Council hereby finds that this Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan, particularly Goal LU-1 (Land use compatibility throughout the City); Goal LU-3 (Safe and identifiable neighborhoods that provide a sense of place); Policy LU-3.1 (Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern); Goal LU-4 (Maintenance and protection of existing neighborhoods); and Goal LU-5 (A broad range of housing types and choices for all residents of the City). SECTION 3. PUBLIC WELFARE: The City Council hereby finds that this Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. The Amendment supports the construction of housing for all income levels in the City, meeting building requirements and all development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general welfare. SECTION 4. ENVIRONMENTAL: The Community Development Director has determined that the proposed code amendment is exempt from further environmental review under the California Environmental Quality Act of 1970 (CEQA). An Initial Study was conducted under Environmental Assessment 2008- 599 (SCH No. 2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (Res. No. 2011-07.1). The City Council hereby confirms said determination 2 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 3 and finds that no changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. SECTION 5. 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 6. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 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 at a regular meeting of the La Quinta City Council held this 181h day of June, 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL H, M or City of La Quinta California c Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 4 ATTEST: SUSAN MAYSELS, C3# Clerk City of La Quinta, California (CITY SEAL - TO l i ,-v M. I HERINE JENSOyN,A—t—toneyrCity of La Quinta, Calif M. Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 5 EXHIBIT A — ORDINANCE NO. 512 ZOA 2013 - 114; Incorporation of Certain Amendments to Title 9 (ZONING) of the La Quinta Municipal Code, to Implement the 2006-2014 Housing Element of the La Quinta General Plan Chapter 9.20 ZONING DISTRICTS 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan: 1 . RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District 9. VC Village Commercial District 10. NR Nonresidential Overlay District 11. CR Regional Commercial District 12. CP Commercial Park District 13. CC Community Commercial District 14. CN Neighborhood Commercial District 15. CT Tourist Commercial District 16. CO Office Commercial District 17. MC Major Community Facilities District 18. PR Parks and Recreation District 19. GC Golf Course District 20. OS Open Space District 21. FP Floodplain District 22. HC Hillside Conservation Overlay District 23. SOB Sexually Oriented Business Overlay District 24. EOD Equestrian Overlay District 5 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 6 25. AHO Affordable Housing Overlay District Chapter 9.30 RESIDENTIAL DISTRICTS 9.30.010 Summary of district regulations. A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district. B. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this chapter and set forth in more detail in Chapter 9.50. C. Supplemental Regulations. Sections containing supplemental regulations applicable to residential uses are as follows: 9.60.010 Purpose and intent 9.60.020 Signs and parking 9.60.030 Fences and walls 9.60.040 Patio covers, decks and play equipment 9.60.050 Storage and other accessory buildings 9.60.060 Garages and carports 9.60.070 Swimming pools 9.60.080 Satellite dish and other antennas 9.60.090 Second residential units 9.60.100 Guesthouses 9.60.1 10 Home occupations 9.60.120 Pets and other animals 9.60.130 Recreational vehicle parking 9.60.140 Screening 9.60.150 Tennis and other game courts 9.60.160 Outdoor lighting 9.60.170 Special outdoor events 9.60.180 Manufactured housing and mobilehomes 9.60.190 Family child care facilities 9.60.200 Senior citizen housing 9.60.210 Construction and guard offices 9.60.220 Trash and recyclable materials storage 9.60.230 Noise control 9.60.240 Landscaping and open area 9.60.250 Model home complexes 9.60.260 Condominium conversions 2 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 7 9.60.270 Density bonuses for affordable housing 9.60.280 Bed and breakfast regulations 9.60.290 Timeshare regulations 9.60.300 Compatibility review for partially developed subdivisions 9.60.310 Restrictions on multistory buildings at project boundaries 9.60.320 Resort residential 9.60.330 Residential tract development review 9.60.340 Custom home design guidelines 9.60.350 Reasonable Accommodation D. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section 9.50.020. E. Definitions. For purposes of this chapter and this code, the following definitions shall apply: 1. "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. 2. "Lot coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. "Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996). 9.30.070 RH high density residential district. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (twelve to sixteen units per acre; or if the Affordable Housing Overlay applies, up to twenty-four units per acre when a minimum of 25 percent of units are dedicated to low and very low income affordable housing) with one- to three-story single-family attached dwellings and one- to three-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. 7 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 8 Minimum lot size for single-family attached 2000 sq. ft. Minimum project size for multifamily projects 20,000 sq. ft. Minimum frontage for multifamily projects 100 ft. Maximum structure height 40 ft. Maximum number of stories 3 Minimum front yard setback (non -garage portions of20 dwelling) ft.* Minimum garage setback for single-family attached 25 ft.' Minimum interior/exterior side yard setbacks 10/15 ft2 Minimum rear yard setback 20 ft. Maximum lot coverage 60% Minimum livable floor area excluding garage 750 sq. ft. Minimum landscape setbacks adjacent to perimeterl0' streets 3 minimum at any point, 20 minimum average over entire frontage Minimum common open area' 30% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. ' Twenty feet if "roll -up" type garage door is used. 2 For interior side yards, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For the RH zone the interior setbacks, if the building is over 28 feet in height, the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 3 Per the landscaping and open area standards of Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.40 RESIDENTIAL PERMITTED USES 9.40.040 Table of permitted uses. K Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 9 Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: "P": Permitted as a principal use within the district. "A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. "M": Permitted if a minor use permit is approved. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. "S": Permitted if a specific plan is approved per Section 9.40.030. "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Residential Uses Single-family detached dwellings P P P P P S Single-family detached patio S S S S P S homes (i.e., "zero lot -line") Duplexes (two units S S S S P P on the same lotl X Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 10 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Single-family attached dwellings (two units per S S X S P P building with each unit on its own lot) Townhome dwellings (two or more units per S S X S P P building with each unit on its own lot) Condominium multifamily S S X S P P ("airspace" units) Apartment multifamily (rental X X X P P P units) Mobilehome parks C C I C C C C Mobilehome subdivisions and manufactured homes P P P P P X on individual lots, subject to Section 9.60.180 Resort residential subject to Section C C X C C C 9.60.320 10 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 11 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Guesthouses, subject to Section A A A A A A 9.60.100 Second residential units subject to A A A A A A Section 9.60.090 Group Living and Care Uses Child day care facilities as an accessory use, A A A A A X serving 8 or fewer children, subject to Section 9.60.190 Child day care facilities as an accessory use, M M M M M X serving 9-14 children, subject to Section 9.60.190 Congregate living facilities, 6 or fewer P P P P P X persons Congregate care C C C C C C facility Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 12 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential7RC Residential Residential Residential Land Use RVL RL RM RH Residential care facilities, 6 or fewer P P P 7RM P persons Senior citizen residences, 6 or fewer persons, P P P P P P subject to Section 9.60.200 Senior group housing, 7 or more X X X X C C persons, subject to Section 9.60.200 Time share facilities, subject to Section C C C C C C 9.60.280 Bed and breakfast C C C C C C inns Supportive Housing X X X C C C Transitional Housing X X X C C C Open Space and Recreational Uses Public parks, playfields and open P P P P P P space Bicycle, equestrian P P P P P P and hiking trails 12 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 13 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Clubhouses and community P P P P P P pools/cabanas Unlighted tennis and other game courts on private property, A A A A A A subject to Section 9.60.150 Lighted tennis and other game courts on private property, M M M C C C subject to Section 9.60.150 Golf courses and country clubs per P P P P P P Section 9.110.040 Driving range with or C C X C C C without lights Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.1 10 Patio covers, decks, and gazebos, subject A A A A A A to Section 9.60.040 13 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 14 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Fences and walls, subject to Section P P P P P P 9.60.030 Satellite dishes and other antennas A A A A A A subject to Section 9.60.080 Swimming pools, spas and cabanas, A A A A A A subject to Section 9.60.070 Garages and carports, subject to A A A A A A Section 9.60.060 Keeping of household pets, A A A A A A subject to Section 9, 60.120 14 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 15 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH On lots of 1 acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals include A A X X X X horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. 15 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 16 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Other accessory uses and structures which are customarily associated with and subordinate to the A A A A A A principal use on the premises and are consistent with the purpose and intent of the zoning district. Agricultural Uses Tree crop farming; P X X X X X greenhouses Field crop farming P C X X X X Produce stands, subject to Section P M X X X X 9.100.100 Temporary Uses Garage sales A A A A A A 16 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 17 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Construction and guard offices, subject to Section M M M M M M 9.60.210 Use of relocatable building M M M M M M Model home complexes and sales M M M M M M offices, subject to Section 9.60.250 Special outdoor events, subject to M M M M M M Section 9.60.170 Parking of recreational vehicles, A A A X X X subject to Section 9.60.130 Other Uses Churches, temples and other places of C C C C C C worship Museum or gallery displaying sculpture, artwork or crafts, C C C C C C including schools for above, on 20 acres or more 17 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 18 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan Medium - required Very Low Low Medium High High Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Community recreational vehicle X X X P P P storage lots, noncommercial Communication towers and equipment C C C C C C (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted to M M M M M M existing facility) subject to Chapter 9.170 Utility substations M M M M M M and facilities Public flood control P P P P P P facilities and devices Other principal, accessory or Director or planning commission to determine whether use is permitted in temporary uses not accordance with Section 9.20.040. listed in this table UM Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 19 (Ord. 492 § 1, 201 1; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS 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, which may include full bathroom and/or kitchen or cooking facilities, bUt Re eeeking faemlities 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. One guesthouse may be established on any single-family residential lot as a permitted accessory use. In the cove residential, medium density residential, medium -high density residential and high density residential zones, only one guesthouse 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 guesthouse may be permitted with planning director approval. D. Standards for Guesthouses. Guesthouses shall not be permitted when duplexes, triplexes, 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: Th #ien-Of +L.err,e lot cvv.cr.'v�'�,i,a 5. TheFe shall be no kitehen or a 5. A guesthouse shall be used only by the occupants of the main residence, _ their non-paying guests, or domestic employees. The 19 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 20 guesthouse shall not be rented or otherwise occupied separately from the main residence. 6. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guesthouse to a rental unit or, to a unit for sale, or to add a kita.. OF 130ekiRg faGi14-1V 7. If a private sewage disposal system is used, approval of the local health officer shall be required. 8. 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. (Ord. 480 § 1, 2010; Ord. 445 § 3, 2007; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exhs. A, B) (part), 1996). 9.60.270 Density bonuses for affordable housing. A. Purpose and Application. The purpose of this section is to (1) establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, (2) increase the production of affordable housing, consistent with the city's goals, objectives, and policies and (3) implement the provisions of the city's general plan housing element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the city's jurisdiction, the city shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this Section 9.60.270. B. Definitions. The following definitions shall apply to this section: 1. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. 2. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. 3. "Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code. 4. "Applicant" means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and subsection C of this section. 20 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 21 5. "Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school -age child care centers. 6. "Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code. 7. "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. 8. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. 9. "Housing development," means one or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 10. "Lower income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. 11. "Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. 12. "Moderate income" or "persons and families of moderate income" means those middle -income families as defined in Section 50093 of the California Health and Safety Code. 13. "Qualified mobilehome park" means a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. 14. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code. 15. "Specific adverse impact' means any adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the 21 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 22 specific adverse impact without rendering the housing development unaffordable to low- and moderate -income households. 16. "Very low income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code. C. Qualifications for Density Bonus and Incentives and Concessions. 1. The city shall grant one density bonus as specified in subsection G of this section, and incentives or concessions as described in subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: a. Ten percent of the total units of the housing development as affordable housing units affordable to lower income households; or b. Five percent of the total units of the housing development as affordable housing units affordable to very low income households; or C. A senior citizen housing development; or d. A qualified mobilehome park; or e. Ten percent of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development are offered to the public for purchase subject to the restrictions specified in this section. 2. As used in subsection (C)(1) of this section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus. 3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this section shall elect whether the bonus shall be awarded on the basis of subsection a, b, c, d or a of subsection (C)(1). Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined. 4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing. D. Continued Affordability. 1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the city to ensure and guarantee the continued affordability of all low -and very low income units that qualified the applicant for the award -of the density bonus fora period 22 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 23 of thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner -occupied affordable housing units shall be available at an affordable housing cost. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder. b. The agreement shall also include the following provisions: i. The applicant shall grant the city the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the city, confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very -low income households as adjusted by the Consumer Price Index; and iii. The city shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households. 2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the initial occupant of moderate -income units that are related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. With respect to moderate -income units in a common interest development, the city shall require the applicant to enter and shall enforce an equity -sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity -sharing agreement: a. Upon resale, the seller of the moderate -income unit in a common interest development unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five three years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and .Safety Code. 23 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 24 b. For purposes of this subsection (D)(2), the city's initial subsidy shall be equal to the fair market value of the moderate -income unit in a common interest development at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. C. For purposes of this subsection (D)(2), the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate -income unit in a common interest development at the time of initial sale. Cl. The applicant shall grant the city a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers. E.Incentives and Concessions. 1. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this section. The applicant may also request a meeting with the city to discuss such proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection D of this section (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and Safety Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate -income households. C. The concession or incentive would be contrary to state or federal law. 2. If the conditions of subsection C and subsection 1 of this subsection E are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions: 24 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 25 a. One incentive or concession for housing developments that include: At least ten percent of the total units affordable to lower income households; or at least five percent of the total units affordable to very low income households; or at least ten percent of the total units affordable to persons and families of moderate income in a common interest development. b. Two incentives or concessions for housing developments that include: At least twenty percent of the total units affordable to lower income households; or at least ten percent of the total units affordable to very low income households; or at least twenty percent of the total units affordable to persons and families of moderate income in a common interest development. C. Three incentives or concessions for housing developments that include: At least thirty percent of the total units for lower income households; or at least fifteen percent for very low income households; or at least thirty percent for persons and families of moderate income in a common interest development. 3. For the purposes of this section, available concessions or incentives may include any of the following: a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located. C. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this section, the parking ratios set forth in Government Code Section 65915 (and subsection K of this section) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant. W7 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 26 4. This subsection does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly -owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this subsection require the city to grant an incentive or concession found to have a specific adverse impact. 5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. The application and review process for a proposal of incentives and concessions is set forth in subsection L of this section. F. Waiver/Modification of Development Standards. 1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this section. The applicant may also request a meeting with the city to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (a) the waiver or modification is necessary to make the housing units economically feasible, and (b) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection (C►11), at the densities or with the concessions or incentives permitted by this section. 2. Nothing in this subsection shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact. 3. The application and review process for a waiver/modification of development standards is set forth in subsection L of this section. 4. Waiver or Reduction of Development Standards a. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if 26 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 27 the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. b. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C. G. Specified Density Bonus Percentages. Only housing developments consisting of five or more dwelling units are eligible for the density bonus percentages provided by this subsection. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (C)(1). 1. For housing developments meeting the criteria of subsection (C)(1)(a), the density bonus shall be calculated as follows: Percentage Low -Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (maximum) 2. For housing developments meeting the criteria of subsection (C)(1)(b), the density bonus shall be calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 27 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 28 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (maximum) 3. For housing developments meeting the criteria of subsection (C)(1)(c) and (d), the density bonus shall be twenty percent. 4. For housing developments meeting the criteria of subsection (C)(1)(e), the density bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 W. Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 29 Percentage Moderate Income Units Percentage Density Bonus 37 32 38 33 39 34 40 35 (maximum) 5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this section. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. 7. The application and review process for a density bonus as provided by this section is set forth in subsection L of this section. H. Land Donation. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows: Percentage Very Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 29 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 30 Percentage Very Low Income Units Percentage Density Bonus 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (maximum) This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty- five percent, if an applicant seeks both the increase required pursuant to this subsection and subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development. 1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development. C. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 31 Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city -approved developer. f. The transferred land shall be within the boundary of the proposed development or if the city agrees in writing, within one - quarter mile of the boundary of the proposed development. g A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map parcel map or residential development application 2. The application and review process for a donation of land and related density bonus is set forth in subsection L of this section. Child Care Facilities. 1 . When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child care facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer. a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur: a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D. b. Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households. 31 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 32 C. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. 3. The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in subsection L of this section. J. Condominium Conversions. Any developer converting condominiums of a Housing Development of five units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915. K.By-Right Parking Incentives. Housing developments meeting any of the criteria of subsection (C)(1), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer: 1. Zero to one bedroom dwelling unit: one onsite parking space; 2. Two to three bedrooms dwelling unit: two onsite parking spaces; 3. Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on -street parking. L. Application and Review Procedures. 1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this section shall be submitted with the first application that is submitted for approval of a housing development and processed concurrently with all other applications required for the housing development. Notwithstanding any other requirements, affordable housing projects processed under this section shall require approval of a conditional use permit, subject to the requirements of Government Code Section 65589.5(d). The application shall be submitted on a form prescribed by the city and shall include at least the following information: 32 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 33 a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability. C. A specific description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under subsection E. Cl. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in subsection H can be made. e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included subsection I can be made. 2. An application for a density bonus, incentive or concession pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. 3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the planning commission. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies: a. The waiver/modification is not required to make the proposed affordable housing units feasible; or b. The waiver/modification will have a specific adverse impact. The decision of the planning commission may be appealed to the city council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 33 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 34 4. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval. (Ord. 451 § 1, 2008: Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.350 Reasonable Accommodation A. Purpose and intent. 1. To establish a procedure for requesting reasonable accommodation for persons with disabilities in the application of land use, zoning and building policies and practices. 2. To fully comply with the intent and purpose of the federal Fair Housing Act and California Employment and Housing Act. 3. The City encourages the development community to coordinate with property owners to incorporate interior residential design modifications for people requiring special adaptations, when requested by the property owner. Such modifications may include wider interior doorways, zero - entry showers, and lowered kitchen countertops that enhance accessibility. B. Applicability. This section applies to persons with disabilities, their representatives, and developers of housing for individuals with disabilities who seek equal access to housing under fair housing laws and flexibility in the application of relevant regulations, policies, practices, and procedures. C. Definitions. "Reasonable accommodation" means the process of providing flexibility in the application of land use, zoning, and building regulations, practices and procedures to eliminate barriers to housing opportunities for persons with disabilities. "Person with a disability" is a person with a physical or mental impairment that limits or substantially limits one or more major life activities anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. D. Submittal Procedure. Any person with a disability, his/her representative or developer of housing for individuals with disabilities may request reasonable accommodation as it pertains to land use, zoning and building regulations according to the following parameters: 1. A written request shall be submitted to the Community Development Director and shall contain the following information. a. Applicant's name, address, and telephone number• b. Address of the property for which the request is being made• c. Property owner(s) name and address; d. Current use of the property; e. Description of requested accommodation and why it is deemed necessary; 34 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 35 f. Policy or regulation for which reasonable accommodation is being sought. 2. The City shall provide assistance, if necessary, to ensure that the reasonable accommodation process is accessible. 3. Information identified as confidential by the applicant shall be safeguarded and shall not be made available to the public. 4. If the project for which the reasonable accommodation request is being made requires other discretionary approvals (such as design review, conditional use permit zone change, etc.), the applicant shall file the written reasonable accommodation request in conjunction with the application for discretionary approval. E. Review Procedure. 1. If no approvals are being sought other than the request for reasonable accommodation the request shall be reviewed by the Community Development Director or his/her designee, and he/she shall make a written determination within 45 days of the original request date, in accordance with Section 9.60.350(G). 2. If the request for reasonable accommodation is submitted concurrently with other discretionary land use applications, it shall be reviewed by the authority reviewing the discretionary application, and the authority shall make a written determination within 30 days of the original request date, in accordance with Section 9.60.350(G). 3. The reviewing authority may request additional information from the applicant consistent with fair housing laws if deemed necessary. In this event the 30-day review and decision period is stayed until the applicant responds to the request. Findings and Determination Procedure. 1. The authority's written decision shall grant, grant with modifications, or deny the request for reasonable accommodation, consistent with fair housing laws. 2. The findings shall be based on the following considerations: a. Whether the subject property will be used by an individual with disabilities protected under fair housing laws; b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws; c. Whether the requested accommodation would impose undue financial or administrative burdens on the City; d. Whether the request for accommodation would require a fundamental alteration in the nature of a City program or law; e. Potential impacts on surrounding land uses; 35 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 36 f. Alternative reasonable accommodations that may provide an equivalent level of benefit; 3. The reviewing authority may impose Conditions of Approval deemed reasonable and necessary. 4. The reviewing authority's written determination shall give notice of the applicant's right to appeal. 5. If the reviewing authority fails to render a written decision within the 30- day time period allotted in Section 9.60.350(F), the request shall be deemed granted. 6. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the subject property shall remain in effect. G. Appeals Process. 1. The applicant may appeal an adverse decision in writing to the Planning Commission within thirty (30) days of the date of the reviewing authority's written decision. 2. If necessary, the City shall provide assistance in filing an appeal to ensure that the appeals process is accessible. Chapter 9.70 NONRESIDENTIAL DISTRICTS 9.70.010 Summary of district regulations. A. Purpose. This chapter contains the purpose and intent of each nonresidential district. B. Permitted Uses. Chapter 9.80 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each nonresidential district are contained in Chapter 9.90. D. Supplemental Regulations. Sections containing supplemental regulations applicable to nonresidential uses are as follows: 9.100.010 Purpose and intent 9.100.020 Parking and signs 9.100.030 Fences and walls 9.100 040 Landscaping 9.100.050 Screening 9.100.060 Detached accessory structures 9.100.070 Satellite dish and other antennas 9.100.080 Christmas tree sales 36 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 37 9.100.090 Halloween pumpkin sales 9.100.100 Produce and flower stands 9.100.1 10 Outdoor vendors 9.100.120 Outdoor storage and display 9.100.130 Sidewalk sales and commercial events 9.100.140 Temporary outdoor events 9.100.150 Outdoor lighting 9.100.160 Caretaker residences 9.100.170 Construction and guard offices 9.100.180 Relocatable buildings 9.100.190 Recycling collection facilities 9.100.200 Trash and recyclable materials storage 9.100.210 Noise control 9.100.220 Operational standards 9.100.230 Hazardous waste and materials 9.100.240 Service station standards 9.100.250 Child day care centers 9.100.260 Senior group housing 9.100.270 Single room occupancy (SRO) hotels 9.100.280 Bus stop benches and shelters 9.100.290 Fugitive dust control 9.100.300 Used vehicle sales not associated with a new vehicle sales facility 9.100.310 Seasonal sales businesses 9.100.320 Emergency shelters (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.090 MC major community facilities district. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, corporate yards and similar uses at locations identified on the general plan. Emergency shelters are also permitted. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.320 Emergency Shelters. 37 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 38 A. Purpose. 1. To ensure the Zoning Code facilitates emergency shelters under the Housing Accountability Act (California Government Code Section 65589.5) and in accordance with the requirements set forth in California Government Code Section 65583, as amended. 2. To provide zoning, development, and management procedures for emergency shelters. 3. To implement the City's General Plan Housing Element policies and programs relating to the provision of emergency shelters. B. Definitions. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. C. Development Standards. 1. The maximum capacity of an emergency shelter shall be 20 beds or persons. 2. On site management and security shall be provided on a 24 hour/7 day per week basis. 3. Residency in an emergency shelter shall be limited to six months or less per individual. 9.100.220 Operational standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. A. Equipment. All ground -mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. Such screening shall consist of perimeter walls or fencing (if permitted), screen walls, or dense landscaping. B.Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. C. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. in Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 39 D. Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and firefighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by city code. E. Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X- ray diagnostic equipment. F. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. G. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Buildings should be designed to minimize energy consumption and should implement the energy efficiency measures provided in the City's Greenhouse Gas Reduction Plan. H. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. I. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the State Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.110 SPECIAL PURPOSE DISTRICTS 9.110.010 Summary of district regulations. A. Purpose. This chapter contains the purpose and intent of each special purpose district together with a summary of the zoning regulations applicable to each. B.Permitted Uses. Chapter 9.120 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as setbacks and building heights) for special purpose districts are summarized in this Chapter 9.110 and in Chapter 9.130. D. Supplemental Regulations. 39 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 40 1. Special Purpose Supplemental Regulations. Chapter 9.140 contains supplemental regulations for each special purpose district, such as hillside conservation regulations, flood hazard reduction requirements and restrictions on sexually oriented businesses. 2. General Supplemental Regulations. General supplemental regulations pertaining to special purpose districts shall be the same as those for nonresidential districts as set forth in Chapter 9.60. Parking shall conform to Chapter 9.150 and signs to Chapter 9.160. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.020 Types of special purpose districts. A. Base Districts. The PR, GC, OS and FP districts are base districts designed to provide for park and recreation, golf course and open space land uses respectively. B.Overlay Districts. The HC, SOB, and EOD and AHO districts are overlay districts, i.e., districts to be used only in combination with a base district (such as the OS open space or CR regional commercial districts) in order to regulate certain special aspects of land use in the interests of public safety and protection of surrounding properties. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control. C. Overlay Zoning Designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol enclosed in parentheses. For example: CR (EOD). D. SOB Overlay District. The SOB sexually oriented business overlay district shall be used only in combination with the CR regional commercial base district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.100 AHO Affordable Housing Overlay district. A. Purpose and Intent. 1. To permit the development of affordable housing at higher densities within commercial zones and other specified residential sites while maintaining consistency with underlying base land use designations. 2. To provide increased and enhanced housing opportunities for low and very low income residents. 3. To accommodate the City's regional housing need. 4. To encourage lot consolidation and maximize the housing potential of vacant and underutilized sites. .o] Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 41 5. To provide mixed use nodes that facilitate reduced vehicle miles and proximity to services and mass transit consistent with the City's Greenhouse Gas Reduction Plan and Transportation Demand Management principles. B. Development Standards. Section 9.140.090 C. District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP, CN, CR, and VC districts, and other sites identified on the official zoning map. Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 9.120.010 Development permits required. Table 9-8 of this chapter specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.120.020 Table of permitted uses. Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "T": Permitted on a temporary basis if a temporary use permit is approved. 5. "X": Prohibited in the district. Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use = Accessory use C = Conditional use permit District = Temporary use permit = Prohibited use 41 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 42 Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Course Space plain Conserv- Oriented Overlay and ation Business Housing Recreatio Overlay Overlay n Overlay Land Use PR GC OS FP HC* SOB* EOD* AHO* Open Space and Recreational Uses Open space P P P P P P ** (1) Public parks, lakes and passive P X P P P X ** (1) recreation facilities Playfields, lighted P X X X X X ** 111 r unlighted Bicycle, equestrian and hiking trails P X P P P P Libraries and C X X X C X ** (11 museums — Visitor centers C X C C C X ** (11 Clubhouses and community P A X X X X ** (1) pools/cabanas Tennis courts or P A X X X X ** (11 complexes, public Tennis clubs or C A X X X X ** (11 complexes, private Golf courses and ountry clubs, including clubhouses and C P X X X X ** (11 other customary accessory uses Golf courses without above - round structures, including fairways, C P X P C X ** (11 greens, tees and golf -cart paths Accessory Uses and Structures Signs, subject to Chapter 9.160 A A A A A A ** (11 — Fences and walls, subject to Section A A A A A A ** (1) 9.100.030 Satellite dish and other antennas, subject to Section A A A A A A ** 111 9.100.070 Temporary Uses 42 Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 43 Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use A = Accessory use C = Conditional use permit District = Temporary use permit = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Course Space plain Conserv- Oriented Overlay and ation Business Housing Recreatio Overlay Overlay n Overlay Temporary outdoor events, subject to T T T T T T ** (1) Section 9.100.040 Other Uses Single-family X X C X C' X ** I11 residential Multifamily residential, commercial (except sexually oriented X X X X X X ** 111 businesses), office r industrial development Sexually oriented businesses, subject X X X X X C ** 111 o Section 9.140.050 Communication towers and equipment C C C C C' C ** (11 (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted M M M M M M ** 11) o existing facility) Subject to Chapter 9.170 Electrical X X M X M' X ** 111 substations Water wells and P P P p M' X ** 111 pumping stations Water tanks and X M M X M' X * * 11) DI Ordinance No. 512 Zone Change 2013-114 Adopted: June 18, 2013 Page 44 Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use = Accessory use C = Conditional use permit District = Temporary use permit = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Course Space plain Conserv- Oriented Overlay and ation Business Housing Recreatio Overlay Overlay n Overlay reservoirs Public flood control facilities and P P P P P P ** (1) devices Other principal, Director or planning commission to determine whether use is permitted in accordance accessory or with Section 9.20.040. temporary uses not listed above * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. ** As permitted in the underlying base district and in Section 9.140.060. (1) As permitted in the underlying base district and in Section 9.140.090. ' Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met (per Section 9.140.040) and a conditional use permit is approved. M (Ord. 492 § 1, 201 1; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS 9.130.010 Table of development standards. Table 9-9, following, contains standards for development of property within special purpose districts: Table 9-9 Special Purpose District Development Standards Development Standard District PR GC OS FP HC SOB I EOD AHO Minimum building site n/a n/a n/a Maximum structure height (ft.)' 28 28 28 * * * * * * * * 405 Maximum number of stories 2 2 2 * * * * * * * * 45 From 50/5 50/5 50/5 50/5 50/5 Highway 111 50/50 0 0 0 0 0 50/50 right-of-way *** From perimeter 30 30 30 street ROWs From all primary image corridor3 rights -of -way 30/2 30/2 30/2 30/2 30/2 (except Hwy 30/20 0 0 0 0 0 30/20 Minimum 111) and perimeter from all major building/landscape setbacks (ft.) , and primary arterials From abutting residential 30 30 30 property or districts From abutting commercial and other 20 20 20 nonresidential property or *** — districts Minimum setback from interior 0 0 0 property lines within the same Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 46 project 4 Parking and signs See Chapter 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 9.100.050 As required for needed flood control structures. ** As provided in the HC supplemental regulations, Section 9.140.040. *** As provided in the underlying base district regulations, subject to the additional requirements of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060; AHO, Section 9.14.090. ' Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or primary arterials. 2 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; non -parking areas: minimum 5 percent. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). ° In the AHO for interior yards 5 ft minimum plus 1 ft additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line If the building is over 28 feet in height the setback is 10 ft plus 1 ft for every foot over 28 ft in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. s Except within 250 feet of any property zoned Very Low Density Residential or Low Density Residential in which case the maximum height allowance is 32 feet and the maximum number of stories is three (3). (Ord. 445 § 4, 2007: Ord. 284 § 1 (Exh. A), 1996) Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS 9.140.090 AHO Affordable Housing Overlay regulations. ,p Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 47 A. Applicability. 1. The AHO overlay district and the provisions of this section apply to all areas of the city containing the "AHO" overlay designation on the official zoning map. These include the CC, CP, NC, RC, and VC commercial zones, and other sites as designated on the zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the AHO regulations, the AHO regulations shall control. B. Definitions. 1. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, low income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. C. Permitted Uses. 1. Any use permitted either expressly or by conditional use permit, in the underlying zone; 2. Affordable housing residential units on lots 1 acre or greater in size, including those that are stand-alone next to, and/or above non-residential uses. D. Development Standards, All residential uses. DEVELOPMENT STANDARDS AFFORDABLE HOUSING OVERLAY DISTRICT — Residential Uses in Commercial Zones Minimum lot size 1 acre Minimum lot frontage 100 ft. Maximum structure height 40 ft.5 Maximum number of stories 45 Minimum front yard setback (non -garage portion of dwelling) 20 ft.' 2 Minimum interior/exterior side yard setbacks 10/15 ft.2 Minimum rear yard setback 20 ft. Minimum buffer between residential units and Hwy. 111 corridor 300 ft., Maximum lot coverage 60% Minimum livable floor area excluding garage 600 s . ft. Minimum landscape setbacks ad'acent to perimeter streets° 10 ft. minimum at any point, 20 ft. minimum average over entire 47 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 48 frontage Minimum common open area' 1 30% ' Projects with 5 or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 and 25 feet or more in order to avoid streetsca a monotony. For interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building hei ht above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 t. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to maximum setback of 15 ft. The additional setback may be provided entirely at grade level o may be a combination of at grade and airspace above the 28-foot building hei ht. May be less where residential units are located within mixed use development. Per the landscaping and open space standards of Section 9.60.240. s Except within 250 feet of any propertyzoned Very Low Density Residential or Low Densit Residential in which case the maximum height allowance is 32 feet and the maximum number of stories is three (3). 9.280.030 Definition of terms. "Abandoned" means a structure or use, the development or operation of which has been ceased or suspended. "Abutting" or "adjacent" means two or more parcels sharing a common boundary at one or more points. "Access/egress" means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle. "Accessory building or structure" means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site. "Accessory use" means a land use subordinate and incidental to the principal use on the same building site. "Actual construction" means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 49 "Administrative office" means a place of business for the rendering of service or general administration, but not including retail sales. Adult Business, Adult Entertainment Business or Adult Oriented Business. See "sexually oriented business," Chapter 5.80 of the municipal code. Advertising Device or Display. See sign definitions, Section 9.160.120. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. "Alley" means a secondary means of access to abutting property located at the rear or side of the property. "Alteration" means any physical change in the internal or external composition of a building or other structure. Animal Hospital or Animal Clinic. See "veterinary clinic." "Antenna" means a device for transmitting or receiving radio, television, satellite, microwave or any other transmitted signal. "Apartment" means a dwelling unit within an apartment building designed and used for occupancy by one family on a rental basis. "Apartment building or apartment project" means a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental basis. Area, Project Net. See "project net area." "Attached structures" means two or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty inches in height above the finished grade. Attached Dwelling or Attached Residential. See "dwelling, attached." "Automobile repair specialty shop" means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. "Automobile service station" means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. "Automobile wrecking" or "automobile dismantling" means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 50 "Awning" means a roof -like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. "Basement" means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. "Bed and breakfast" or "B & B" means an establishment primarily engaged in providing temporary lodging (i.e., less than thirty days) for the general public with access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. "Bedroom" means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. "Berm" means a mound or embankment of earth. Billboard. See sign definitions, Section 9.160.120. "Boardinghouse" means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. "Buildable area" means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. "Building" means an enclosed structure having a roof supported by columns or walls. "Building height" means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010. Building, Main. "Main building" means the building containing the main or principal use of the premises. Building, Relocatable. "Relocatable building" means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. "Building site" means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. "Building site area" means the horizontal area within a building site expressed in square feet, acres or other area measurement. Building Site Coverage. See "lot coverage." Building Site, Panhandle or Flag. See "lot" definitions. 611A Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 51 Building Site, Through. "Through building site" means a building site having frontage on two parallel or approximately parallel streets. See "through lot." Business Park. See "industrial park." "CEQA" means the California Environmental Quality Act. "Caretaker" means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. "Carport" means a roofed structure or a portion of a building which is open on two or more sides for the parking of automobiles belonging to the occupants of the property. "Cellar" means a nonhabitable building level which: (1) has more than one- half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. "Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. "Child day care center" or "preschool" means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. "Child day care facility" means, consistent with Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty -four-hour basis. Child day care facility includes both child day care centers and child day care homes. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: 1. "Family day care home" means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four 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. 2. "Large family day care home" means a home that provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home. 51 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 52 3. "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home. "City" means the city of La Quinta. "City council" means the city council of the city of La Quinta. "Cleaning plant or laundry plant" means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. "Club" means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. "Code" means this zoning code unless another code, ordinance or law is specified. "Commercial" means operated or conducted on a frequent basis for the purpose of financial gain. Commercial Center. See "shopping center." "Commercial recreation" means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. "Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people. "Commission" means the planning commission of the city unless another commission is indicated. Community Care Facility. See "residential care facility." "Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. Conditional Use Permit. See "use permit." "Condominium" means, consistent with Section 1351 of the State Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. "Congregate care facility" means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, 52 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 53 medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. "Congregate living facility" means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of state law. (See also "residential care facility.") "Convalescent home" or "convalescent hospital" means a facility licensed by the State Department of Health Services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home or home for the aged. "Conversion project" means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. Corner Lot. See definitions under "lot." "County" means the county of Riverside unless another county is indicated. Day Care Center. See "child day care center." "Decision -making authority" or "decision -making body" means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. "Density" means the number of dwelling units per gross acre, unless another area measurement is specified. "Detached building or structure" means a building or other structure that does not have a wall or roof in common with any other building or structure. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of 091 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 54 any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. "Director" or "planning director" means the planning director of the city or the director's authorized agent or representative. District. See "zoning district." District, Nonresidential. See "nonresidential district." District, Residential. See "residential district." District, Special Purpose. See "special purpose district." "Drive-in" or "drive -through" means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. "Driveway" means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. "Driveway approach" means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. "Duplex" means a permanent building containing two dwelling units on a single lot. "Dwelling" means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or more dwelling units on a single parcel or building site. Dwelling, Single -Family. "Single-family dwelling" means one main dwelling unit on a single parcel or building site. Dwelling, Single -Family Attached. "Single-family attached dwelling" means a main dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, Single -Family Detached. "Single-family detached dwelling" means a main dwelling unit not attached to any other main dwelling unit. Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling shifted to one side of the lot, i.e., placed on the lot so that one side Gil Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 55 setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. "Dwelling unit" means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling Unit, Second. See "second residential unit." "Easement" means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. "Educational institution" means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. "Elevation" means the vertical distance above sea level. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person No individual or household may be denied emergency shelter because of an inability to pay. "Employee's quarters" means quarters, which may include full bathroom and/or kitchen or cooking facilities, witheut Geeking faeolities, for the housing of domestic employees and located upon the same building site occupied by their employer. "Enclosed" means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. "Exception" means a city -approved deviation from a development standard based on the following types of findings by the decision -making authority: 1. A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and 2. One or more specific findings justifying the particular exception requested. "Family" means one or more persons occupying one dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or motel. Family Day Care Home. See "child day care home." Flag. See sign definitions, Section 9.160.120. Flag Lot or Panhandle Lot. See definitions under "lot." 55 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 56 "Flood" means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. "Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. "Floodplain" means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor Area, Gross. See "gross floor area." Floor Area, Livable. See "livable floor area." "Floor area ratio" means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. "Fraternity house" or "sorority house" means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding Sign. See sign definitions, Section 9.160.120. Front Lot Line. See definitions under "lot line." Gas Station or Service Station. See "automobile service station." "Garage" means a building or portion of a building used primarily for the parking of motor vehicles. "General plan" means the general plan of the city of La Quinta. "Government code" means the California Government Code. Grade, Average. "Average grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land. Grade, Average Finish. "Average finish grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land after final grading. 56 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 57 Grade, Finish. "Finish grade" means the ground elevation at any point after final grading. "Grading" means the filling, excavation or other movement of earth for any purpose. "Granny flat or granny housing" means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons sixty-two years of age or over, and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed thirty percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed one thousand two hundred square feet. (See also "second residential unit.") "Grazing" means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. "Gross acreage" means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross Density. See "density." "Gross floor area" means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross Lot or Parcel Area. See "lot area, gross." "Ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground Sign. See "freestanding sign" in sign definitions, Section 9.160.120. "Guest house" means a detached unit which has sleeping and sanitary facilities which may include full bathroom and/or kitchen or cooking facilities -fit and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. Habitable Area. See "livable floor area." "Habitable room" means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. "Hazardous waste" means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical or infectious characteristics, may: (1) cause or significantly 57 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 58 contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Home for the Aged. See "convalescent home." "Home occupation" means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. "Hospital" means a facility licensed by the State Department of Health Services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. "Hotel" means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and which has cooking facilities in less than twenty-five percent of the guest rooms. Identification Sign. See sign definitions, Section 9.160.120. "Industrial park," "business park" or "office park" means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. "Intensity" means the level of development or activity associated with a land use, as measured by one or more of the following: 1. The amount of parking required for the use per Chapter 9.150. 2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. Interior Lot Line. See definitions under "lot line." "Kennel or animal shelter" means any property where four or more dogs are kept or maintained for any purpose except for treatment at pet grooming services or veterinary clinics or hospitals. "Kitchen" means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land Use. See "use." Land Use Intensity. See "intensity." Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material. W Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 59 Laundry Plant. See "cleaning plant or laundry plant." "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. "Live entertainment" means any act, play, revue, pantomime, scene, dance or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. Living Area. See "livable floor area." Lodginghouse. See "boardinghouse." "Lot" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Types of lots and their definitions are as follows: 1. "Corner lot" means a lot abutting two streets intersecting at an angle of not more than one hundred thirty-five degrees. If the angle of intersection is more than one hundred thirty-five degrees, the lot is an "interior lot." 2. "Flag or panhandle lot" means a lot connected to the street with a narrow access portion less than forty feet wide and more than twenty feet long and situated so that another lot is located between the main portion of the flag lot and the street. Lot Types and Lot Lanes 3. "Interior lot" means a lot abutting only one street or abutting two streets which intersect at an angle greater than one hundred thirty-five degrees. 4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. 5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot. 59 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 60 6. "Through lot" means a lot with frontage on two parallel or approximately parallel streets. "Lot area" means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. "Lot coverage" or "building site coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. "Lot frontage" means the length of the front lot line. "Lot line or property line" means any boundary of a lot. The classifications of lot lines and their definitions are as follows: 1. "Front lot line" means the following: a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); C. On a through lot, the lot line abutting the street providing primary access to the lot. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code. 4. "Side lot line" means any lot line which is not a front or rear lot line. "Lowest floor" means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP floodplain district, Section 9.140.030. "Manufactured home" means a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. "Master plan of arterial highways" means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 61 "Master plan of drainage" means an engineering report outlining the drainage facilities needed for the proper development of the city. "Median" means a paved or planted area separating a street or highway into opposite -direction travel lanes. Medical Clinic. See "clinic, medical." "Ministorage facility" means a building containing various size storage compartments not exceeding five hundred square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. Minor Use Permit. See "use permit." Mobilehome.See "manufactured home." "Mobilehome park or mobilehome development" means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. Modular Home. See "manufactured home." Monument Sign. See sign definitions, Section 9.160.120. "Motel" means a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than twenty-five percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily Dwelling or Residence. See "dwelling, multifamily." "Net site area" or "net lot area" means the total land area within the boundaries of a parcel or building site after ultimate street rights -of -way and easements that prohibit the surface use of the site are deducted. "Net project area" means all of the land area included within a development project excepting those areas with before -development slopes of thirty percent or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. "Noncommercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. "Nonconforming use" means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter 9.270. 61 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 62 "Nonconforming lot" means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. "Nonconforming structure" means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. "Nonconformity" means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were not lawful when established or constructed. See Chapter 9.270. Nursery, Day Care. See "child day care facility." Nursing Home. See "convalescent home." Office Park. See "industrial park." Official Zoning Map. See "zoning map." "Off -site hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to: 1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.); 2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); 3. Stabilization/solidification facilities; 4. Chemical oxidation facilities; 5. Neutralization/precipitation facilities; or 6. Transfer/storage facilities. "Open space" means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open Space, Usable. "Usable open space" means open space which is predominately level (i.e., slopes less than five percent) but which may contain some steeper land (i.e., with slopes up to twenty percent) which has utility for rev Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 63 picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of fifteen feet in width and three hundred square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle trails. Outdoor Advertising Sign. See "billboard" in sign definitions, Section 9.160.120. "Parcel" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Panhandle Lot or Flag Lot. See definitions under "lot." "Parking accessway" means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. "Parking structure" means a structure which is open or enclosed and is used for the parking of motor vehicles. "Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. Patio Home. See "dwelling, patio home." "Permitted use" means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. "Person with a disability" is a person with a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such an impairment or anyone who has a record of such an impairment. "Planned unit development" means a residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole Sign. See sign definitions, Section 9.160.120. Portable Sign. See.sign definitions, Section 9.160.120. 63 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 64 "Precise plan" or "precise plan of development" means the plan or plans for a project, development or other entitlement approved by the decision -making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. "Precise plan of highway alignment" means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary Residence. See "main dwelling." "Principal use" means the primary or predominant use of any parcel, building site or structure. "Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (See also "net project area.") Projecting Sign. See sign definitions, Section 9.160.120. "Property line" means a lot line or parcel boundary. "Public agency" means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear Lot Line. See definitions under "lot line." "Reasonable accommodation" means the process of providing flexibility in the application of land use, zoning, and building regulations practices and procedures to eliminate barriers to housing opportunities for persons with disabilities. "Recreational vehicle" or "RV" means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, "5th wheels" and camper shells. "Recycling" means the process by which waste products are reduced to raw materials and transformed into new products. Relocatable Building. See "building, relocatable." "Residential care facility" or "community care facility" means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (See also "congregate living facility.") Residential, Multifamily. See "dwelling, multifamily." Residential, Single -Family. See "dwelling, single-family." M. Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 65 "Restaurant" means any use providing for the preparation, retail sale and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take- out and drive -through stores, bars, cocktail lounges and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term "restaurant" may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, Drive -Through. "Drive -through restaurant' means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest Home. See "convalescent home." "Retail" means the selling of goods or merchandise directly to the ultimate consumer. "Reverse vending machine" means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. "Riding and hiking trail" means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. "Right-of-way" means the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements. Roof Sign. See sign definitions, Section 9.160.120. Roominghouse. See "boardinghouse." "Satellite dish antenna" means an apparatus capable of receiving communications from a man-made satellite. "Scenic highway" means any highway designated a scenic and/or historic highway by an agency of the city, state or federal government. "Second residential unit," "second dwelling unit" or "second unit' means a secondary dwelling unit which is not intended for sale but may be rented and which is located on a building site containing a preexisting single-family detached dwelling. The floor area of an attached second unit does not exceed thirty percent of the existing floor area of the primary single-family residence and the floor area of a detached second unit does not exceed one thousand two hundred square feet. (See also "granny flat.") "Section" means a portion of this zoning code beginning immediately after a six- or seven -digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six- or seven -digit number. (See also "subsection.") "Senior citizen" means a person fifty-five years of age or older. 65 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 66 "Senior citizen residence" means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. "Senior group housing" means a residential development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels and senior citizen apartments.) "Service" means an act or any result of useful labor which does not in itself produce a tangible commodity. Service Station. See "gas station." "Setback" means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line or other specified boundary. Sexually Oriented Business. See Chapter 5.80 of the municipal code. "Shopping center" or "commercial center" means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. Side Lot Line. See definitions under "lot line." "Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also "special commercial event.") "Sign" means any medium for visual communication, including but not limited to words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.130. Single -Family Dwelling or Residence, See "dwelling, single-family." "Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared. Site. See "building site." Site Area, Net. See "net project or site area." Site Coverage. See "building site coverage." Site Development Permit or Development Permit. See Section 9.210.010. "Slope" or "slope gradient" means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a twenty percent gradient" (usually used to describe natural as opposed to manufactured, slopes). Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 67 "Slope ratio" means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). "Special commercial event" means the temporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. (See also "sidewalk sale.") "Specific plan" means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and State Government Code Section 65450 et seq. "Stock cooperative" means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. "Storage" means a place where goods, materials, and/or personal property is placed for more than twenty-four hours. "Story" means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. "Street" means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. "Structure" means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than thirty inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. "Subsection" means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010A. (See also "section.") "Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 of the Health and Safety Code 50675 14(b) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status and maximizing his or her ability to live and, when possible work in the community. ("Target population" includes adults with low income having one or more disabilities including mental illness HIV or AIDS, substance abuse or other chronic health conditions or individuals eligible for 67 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 68 services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.) "Swimming pool" means an artificial body of water having a depth in excess of eighteen inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. "Temporary use" means a land use established for a specified period of time, which use is discontinued at the end of such specified time. Townhome. See "dwelling, townhome." "Transient basis" means for a continuous period of two weeks or less. "Transitional Housing" is buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. "Transitional shelter" means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two weeks or less. Two -Unit Attached Dwelling. See "dwelling, two -unit attached." "Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan. "Use or land use" means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. "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. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. "Vehicular accessway" means a private, nonexclusive vehicular easement affording access to abutting properties. Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 69 "Veterinary clinic" means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. Wall Sign. See "building -mounted sign" in sign definitions, Section 9.160.120. "Wing wall" means an architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. "Yard" means an open space on a parcel of land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: 1. Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. *11'r es OF YAiiIiS 2. Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. 3. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 70 a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. "Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. "Zoning district" or "district" means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. "Zoning map" or "official zoning map" means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. (Ord. 489 § 1, 201 1; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996). 70 Ordinance No. 512 Zoning Ordinance Amendment 2013-114 Adopted: June 18, 2013 Page 71 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► 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. 512 which was introduced at a regular meeting on the 4th day of June, 2013, and was adopted at a regular meeting held on the 18th day of June, 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. 2006-1 15. SUSAN MAYSELS, Cit Jerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the certify that the foregoing ordinance was Council Resolution. 5M'It� i SUSAN MAYSELS, Cit Jerk City of La Quinta, California City of La Quinta, California, do hereby posted on June 19, 2013, pursuant to 71