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ORD 574ORDINANCE NO. 574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.50.090 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING SINGLE FAMILY RESIDENTIAL ARCHITECTURAL DESIGN GUIDELINES WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of July 2018, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2017-0005 to amend of Section 9.50.090 of Title 9 (Zoning) of the La Quinta Municipal Code and adopt single family residential architectural design guidelines in order to adopt citywide single family home design guidelines; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on June 12, 2018, adopt Planning Commission Resolution 2018-008 to recommend to the City Council adoption of said code amendments and design guidelines; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on June 23, 2018, as prescribed by the Municipal Code; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed amendment is exempt from environmental review pursuant to Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed; and WHEREAS, the proposed zoning text amendments are necessary to uphold the rights and needs of property owners and the public, encourage the preservation of neighborhood character, and consider changes in market demand in residential product type to meet the needs of current and future residents in residential districts in the City of La Quinta; and Ordinance No. 574 Amendment to Title 9 Zoning Adopted: July 17, 2018 Page 2 of 7 WHEREAS, the proposed zoning text amendments are necessary to implement the General Plan 2035 adopted by the City Council at their regular meeting on February 19, 2013; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments and design guidelines are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public; Policy LU-3.1 to encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern; Program LU-3.1.a, to review land use designations for changes in the community and marketplace; and Policy LU-5.2 to consider changes in market demand in residential product type to meet the needs of current and future residents. 2. Public Welfare Approval of the code amendment and design guidelines will not create conditions materially detrimental to the public health, safety and general welfare. The amendment and design guidelines streamline the development review process, clarifies language in the municipal code, provides guidelines on preserving neighborhood character, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. SECTION 9.50.090 shall be amended as written in "Exhibit A" attached hereto. SECTION 2. The proposed zone text amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the Ordinance No. 574 Amendment to Title 9 Zoning Adopted: July 17, 2018 Page 3 of 7 proposed amendments implement the goals, policies, and programs of the General Plan. SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2017-0005, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. 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. SECTION 6. That the City Council does hereby grant the City Clerk the ability to make minor amendments to `Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 17th day of July, 2018 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None Ordinance No. 574 Amendment to Title 9 Zoning Adopted: July 17, 2018 Page 4 of 7 t LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, (+cting(dity Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM'W IHRKE, City Attorney City of La Quinta, California Ordinance No. 574 EXHIBIT A Amendment to Title 9 Zoning Adopted: July 17, 2018 Page 5 of 7 9.50.090 RC district development standards. In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60 (Supplemental Residential Regulations) the following shall be required for homes built within the RC district: A. Requirements. 1. Architectural Design Guidelines. The City Council shall, by resolution, adopt architectural design guidelines to be used as guidelines in reviewing landscape materials, architectural style, exterior building materials, colors, and mass and scale; 2. Architectural Variety. Duplication of houses having the same architectural design features on the front elevation of other houses located within two hundred feet of each other shall make provisions for architectural variety by using different colors, roof treatments, window treatments, garage door treatments, and methods; 3. Minimum Gross Livable Area. One thousand two hundred square feet, excluding the garage, as measured from the exterior walls of the dwelling; 4. Bedroom Dimensions. A minimum ten -foot clear width and depth dimensions, as measured from the interior walls of the room; 5. Bathrooms. There shall not be less than one and one-half baths in one- or two -bedroom dwellings, and not less than one and three-quarter baths in dwellings with three or more bedrooms; 6. Exterior building walls shall be cement plaster and may be accented with stone, brick, wood, or other similar materials; 7. Sloping roofs on new homes shall be constructed of clay, or concrete tile. Replacement of existing roofs shall also require the use of clay, or concrete tile, unless the director determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home (All properties listed on the city's historic building survey shall be exempt from this requirement); 8. Landscaping. All front and exterior side yards shall be landscaped to property line; 9. The landscaping shall include trees, shrubs and ground cover of sufficient size, spacing and variety to create an attractive and unifying appearance; 10. An irrigation system shall be provided for all areas required to be landscaped; 11. The landscaping shall be continuously maintained in a healthy and viable condition; Ordinance No. 574 Amendment to Title 9 Zoning Adopted: July 17, 2018 Page 6 of 7 12. Screening. Refuse containers and bottled gas tanks shall be concealed by view -obscuring landscaping, fencing or walls; 13. Underground Utilities. All electric services, overhead wires, or associated structures must be installed underground; 14. Lighting. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties and shall comply with the dark sky ordinance; 15. Fencing. Rear and side yards shall be completely enclosed and screened by view -obscuring fencing, walls, or combinations; 16. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street; 17. When there is a combined retaining and garden wall, and the retaining wall exceeds three feet, the garden wall shall not exceed five feet in height; 18. Parking shall be provided in accordance with Chapter 9.150, Table 9- 11 (Parking for Residential Land Uses). (Ord. 550 § 1, 2016) Ordinance No. 574 Amendment to Title 9 Zoning Adopted: July 17, 2018 Page 7 of 7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, Acting 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. 574 which was introduced at a regular meeting on the 3rd day of July, 2018, and was adopted at a regular meeting held on the 17th day of July, 2018, 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 the Rules of Procedure adopted by City Council Resolution No. 2015-023. 6 MONIKA RADEVA, Acting y Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, Acting City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on July 19, 2018, pursuant to Council Resolution. MONIKA RADEVA, â–ºActin4tity Clerk City of La Quinta, California