ORD 580 FlagpolesORDINANCE NO. 580
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
SECTION 9.60.340 OF THE LA QUINTA
MUNICIPAL CODE TO CLARIFY LANGUAGE
REGARDING FLAGPOLES
WHEREAS, the City Council of the City of La Quinta, California did, on
the 7th day of May 2019, hold a duly noticed public hearing for review of a
City-initiated request of Zoning Ordinance Amendment 2019-0001 to amend
Section 9.60.340 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission
of the City of La Quinta did, on April 23, 2019, adopt Planning Commission
Resolution 2019-006 to recommend to the City Council adoption of said code
amendments; and
WHEREAS, the Design and Development Department published a
public hearing notice for this request in The Desert Sun newspaper on April
26, 2019, as prescribed by the Municipal Code; and
WHEREAS, Section 9.60.340 of the Municipal Code contains
development standards for flagpoles in residential areas that limit flagpoles
to front yards; and
WHEREAS, the proposed zoning text amendments are necessary to
clarify that existing flagpoles in locations other than front yards are allowed
to remain in those locations, 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 amendment is 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.
Ordinance No. 580
Amendment to Section 9.60.340 - Flagpoles
Adopted: May 21, 2019
Page 2 of 5
2.Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The
amendment clarifies language in the Municipal Code 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 9.60.340 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
amendment is consistent with the previously approved findings of the
General Plan 2035 EIR (Environmental Assessment 2012-622) as the
proposed amendment implements the goals, policies, and programs of the
General Plan.
SECTION 3. That the City Council does hereby approve Zoning
Ordinance Amendment 2019-0001, 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
Ordinance No. 580
Amendment to Section 9.60.340 - Flagpoles
Adopted: May 21, 2019
Page 3 of 5
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 2ist day of May, 2019 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ity Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
�� LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 580
Amendment to Section 9.60.340 - Flagpoles
Adopted: May 21, 2019
Page 4 of 5
9.60.340 Flagpoles.
Flagpoles shall be allowed in all residential zoning districts subject to the
following standards:
A. Height of flagpoles shall not exceed twenty (20) feet.
B. Flagpoles are allowed within the front yard only. The minimum front
yard setback for flagpoles shall be ten (10) feet.
C. Installation of flagpoles shall require a building permit.
D. Flagpoles that were installed on locations other than the front yard
prior to February 14, 2019, but otherwise meet the height limitation in
this section, shall be allowed to remain in place so long as a building
permit is obtained if there was no building permit issued previously.
Proof of installation or existence of flagpoles prior to February 14,
2019 may be required.
EXHIBIT A EXHIBIT A