ORD 584 Dev Code Tune UpORDINANCE NO. 584
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
SECTIONS OF TITLES 8, 9, AND 13 OF THE LA
QUINTA MUNICIPAL CODE RELATED TO
STREAMLINE DEVELOPMENT PROCESS AND
STANDARDS
PROJECT:
ZONING ORDINANCE AMENDMENT 2019-002
WHEREAS, the City Council of the City of La Quinta, California did, on
the 17th day of March 2020, hold a duly noticed public hearing for review of a
City-initiated request of Zoning Ordinance Amendment 2019-0002 to amend
sections of Titles 8, 9, and 13 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission
of the City of La Quinta did, on January 14, 2020, held a duly noticed public
hearing, and after review and consideration of this item, and hearing all public
testimony, adopt Planning Commission Resolution 2020-002 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 March 7, 2020,
as prescribed by the La Quinta Municipal Code; and
WHEREAS, Sections of Titles 8, 9, and 13 of the La Quinta Municipal
Code address permitted uses, development standards, development review
and permitting procedures; and
WHEREAS, the proposed zoning text amendments are necessary to
streamline the development process and standards; and
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:
Ordinance No. 584
Amendments to Sections of Titles 8, 9, and 13
Adopted: April 7, 2020
Page 2 of 5
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and
policies of the General Plan. The proposed amendments 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; and Program LU-3.1.a, to review land use
designations for changes in the community and marketplace.
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The
amendment streamlines the development review process and clarifies
language in the La Quinta 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. Several Sections of Titles 8, 9, and 13 shall be amended as
written in “Exhibit A” attached hereto and incorporated by this reference.
SECTION 2. That the City Council does hereby approve Zoning
Ordinance Amendment 2019-0002, as set forth in enclosed “Exhibit A” for the
reasons set forth in this Ordinance.
SECTION 3. 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 No. 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
proposed amendments implement the goals, policies, and programs of the
General Plan.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after
passage of this Ordinance, cause it to be posted in at least three public places
designated by resolution of the City Council, shall certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification,
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EXHIBIT A
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TITLE 8
8.13.030 Provisions for new or rehabilitated landscapes.
A. Applicability.
1. Except as provided in subsection (A)(3) of this section, this section shall apply to:
a. All new construction and rehabilitated landscaping for private, public,
commercial and governmental development projects;
b. All new construction and rehabilitated landscaping which is developer-installed
in single-family and multifamily projects; and
c. All new construction and rehabilitated landscaping which is homeowner-
provided and/or homeowner-hired in single-family and multifamily residential projects
with a total project landscape area equal to or greater than 2,500 sq. ft. requiring a
building permit. These shall not require final landscape plan approval but will be
reviewed under the building permit process.
2. Projects subject to this section shall conform to the provisions in this section.
3. The following items shall not require final landscape plan approval:
a. Single-family residential landscaping projects under 2,500 sq. ft. on individual
lots/parcels;
b. Homeowner-provided landscaping within individually-maintained patio areas,
courtyards, or private gardens at a condominium, townhome, or similar multifamily
project;
c. Turf-reduction/replacement landscaping projects, with no new or expansion of
existing landscaped area(s) involved;
d. Registered local, state, or federal historic sites;
e. Ecological restoration projects that do not require a permanent irrigation system;
f. Mined-land reclamation projects that do not require a permanent irrigation
system;
g. Plant collections, as part of botanical gardens and arboretums open to the public.
B. Final Landscaping Plan Application Submittal Requirements.
1. Each final landscaping plan submittal shall include the following elements:
Completed city application form;
Water conservation concept statement;
Calculation of the maximum applied water allowance;
Calculation of the estimated applied water use;
Calculation of the estimated total water use;
Landscape design plan;
Irrigation design plan;
Grading design plan; and
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Soil analysis.
2. The final landscaping plan application shall be submitted to the city in accordance with
the requirements and information as stipulated on the city application form. No city approval
shall be issued until the city and the local water purveyor have reviewed and accepted the
landscape plan submittal. If applicable, the final landscape plan submittal shall substantially
conform to the project’s preliminary landscape plan as approved for the project.
3. A copy of the approved final landscaping plan submittal shall be provided to the property
owner or site manager along with the record drawings and any other information normally
forwarded to the property owner or site manager.
C. Elements of Final Landscaping Plan Submittal.
1. Water Conservation Statement and Landscape Worksheet.
a. Water Conservation Concept Statement. Each landscape plan submittal shall
include a cover sheet, referred to as the water conservation statement, an example of
which can be obtained from either the planning division or the Coachella Valley Water
District. It serves as a checklist to verify that the elements of the landscape plan submittal
have been completed and has a narrative summary of the project.
b. Water Efficient Landscape Worksheet. Each landscape plan submittal shall
include a water efficient landscape worksheet, an example of which may be obtained
from either the planning division or the Coachella Valley Water District. The water
efficient landscape worksheet serves as a checklist to verify that the elements of the
landscape plan submittal have been completed and has a narrative summary of the
project.
i. The water efficient landscape worksheet shall contain a hydrozone information
table and a water budget calculation for the final landscaping plans. For the
calculation of the maximum applied water allowance and the estimated total water
use, the project applicant shall refer to the most current localized ETo value from
the Coachella Valley Water District’s Reference Evapotranspiration Table, a copy
of which may be obtained from either the planning department or the Coachella
Valley Water District.
ii. Water budget calculations shall adhere to the following requirements:
(A) The plant factor used shall be from the “Water Use Classifications of
Landscape Species III” (WUCOLS III), prepared by the University of
California Cooperative Extension and California Department of Water
Resources. The plant factors range from 0 to 0.3 for the low use plants, from
0.4 to 0.6 for the moderate use plants, from 0.7 to 1.0 for the high use plants
and 1.1 to 1.2 for water features.
(B) All water features shall be included in the 1.1 to 1.2 hydrozone and
temporary irrigated areas shall be included in the low water use hydrozone.
2. The Annual Maximum Applied Water Allowance.
a. A project’s annual maximum applied water allowance shall be calculated using
the following formula:
MAWA = [(ETo) (0.45) (LA) (0.62)]/(748) where:
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EXHIBIT A
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MAWA = Maximum applied water allowance (gallons per year)
ETo = Reference evapotranspiration (i.e., seventy-five inches per year)
0.5 = ET adjustment factor
LA = Landscaped area (square feet)
0.62 = Conversion factor (to gallons per square foot)
748 = Conversion factor (to hundred cubic feet)
b. An example calculation of the annual maximum applied water allowance is:
Project site: Landscape area of fifty thousand square feet in Zone No. 3a of the Coachella
Valley ETo Map.
MAWA = [(ETo) (0.5) (LA) (0.62)]/(748)
= [(75.0 inches) (0.45) (50,000 square feet) (0.62)]/(748)
Maximum
applied
water
allowance
= 1,162,500 gallons per year, 1,554 hundred cubic feet per
year (billing units), 3.56 acre feet/acre per year or 42.7
inches of water per year.
3. Estimated Annual Applied Water Use.
a. The annual estimated applied water use shall not exceed the annual maximum
applied water allowance.
b. A calculation of the estimated annual applied water use shall be submitted with
the landscape documentation package.
c. For the calculation of the maximum applied water allowance and estimated total
water use, the project applicant shall refer to the localized ETo value on the current
Coachella Valley ETo Map, prepared by the Coachella Valley Water District.
d. The estimated annual total water use for each hydrozone is calculated from the
following formula:
EWU
(hydrozones)
= (ETo) (PF) (HA) (0.62)/748
(in 100 cubic
feet)
(IE)
EWU
(hydrozone)
= Estimated water use (hundred cubic feet)
ETo = Reference evapotranspiration
(i.e., ETo Zone 3a = seventy-five inches per year)
PF = Plant factor (see definitions)
LA = Landscape area (in square feet)
(0.62) = Conversion factor (to gallons per square foot)
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(IE) = Irrigation efficiency (see definitions)
748 = Conversion factor (to hundred cubic feet)
4. Estimated Annual Total Water Use. A calculation of the estimated annual total hydrozone
water use shall be submitted with the final landscaping plan submittal. The estimated annual
total water use for the entire landscaped area equals the sum of the estimated annual water use
(EWU) of all hydrozones in that landscaped area.
5. Landscape Design Plan. A landscape design plan meeting the following requirements
shall be submitted as part of the final landscaping plan submittal.
a. Plant Selection and Grouping.
i. Any plants may be used in the landscape, providing the estimated annual applied
water use recommended does not exceed the maximum annual applied water
allowance and that the plants meet the specifications set forth in this section.
ii. Plants having similar water use shall be grouped together in distinct hydrozones.
iii. Plants shall be selected appropriately based upon their adaptability to the climate,
geologic, and topographical conditions of the site. Protection and preservation of
native species and natural areas is encouraged. The planting of trees is encouraged
whenever it is consistent with the other provisions of this chapter.
iv. A landscape design plan for projects in fire-prone areas shall address fire safety
and prevention. A defensible space or zone around a building or structure is
required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant
materials and highly flammable mulches.
v. The use of invasive and/or noxious plant species is strongly discouraged.
Applicants should consult the Invasive Plant Inventory prepared by the California
Invasive Plant Council prior to the selection of any plant species for landscaping.
vi. Applicants shall consult the most current list of prohibited and restricted plant
species prepared by the Riverside County agricultural commissioner prior to the
selection of any plant species for landscaping. Restricted plant species shall be
approved or cleared by the agricultural commissioner and obtained from an
authorized local supplier.
vii. The architectural guidelines of a common interest development, which include
community apartment projects, condominiums, property owners associations,
planned developments, and stock cooperatives, shall not prohibit or include
conditions that have the effect of prohibiting the use of low-water use plants as a
group.
viii. Annual color plantings shall be used only in areas of high visual impact and
must be irrigated with drip, microirrigation or other systems with efficiencies of
ninety percent or greater. Otherwise, drip irrigated, perennial plantings should be
the primary source of color.
b. Water Features.
i. Recirculating water shall be used for decorative water features.
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ii. Water features shall be appropriately sized and designed for functional and
recreational purposes in conjunction with recreational amenities, placed at a
location visible from adjacent residential or commercial uses, and serve a functional
purpose such as stormwater retention, interactive play, irrigation storage, and/or
wildlife habitat.
iii. All water features shall be replenished by a nonpotable water supply unless
otherwise conditioned or approved by the planning commission. Where available,
recycled water shall be used as a source for decorative water features.
iv. Surface area of a water feature shall be included in the high water use hydrozone
area of the water budget calculation.
c. Landscape Design Plan Specifications. The final landscaping plans shall be
designed in accord with the requirements of the local water purveyor. The landscape
design plan shall be drawn on thirty-six inch by twenty-four inch project base sheets at a
scale that accurately and clearly identifies:
i. Designation of hydrozones, including the total estimated annual applied water
use for each major plant group hydrozone and water feature hydrozone (if water
features have been approved);
ii. Landscape materials, trees, shrubs, groundcover, turf and other vegetation.
Planting symbols shall be clearly drawn and plants labeled by botanical name,
common name, water use classification, container size, spacing and quantities of
each group of plants indicated;
iii. Property lines, tract name, tract number or parcel number, and street names;
iv. Streets, driveways, walkways and other paved areas;
v. Pools, ponds, water features, fences and retaining walls;
vi. Existing and proposed buildings and structures including elevation, if applicable;
vii. Location of all overhead and underground utilities;
viii. Natural features, including, but not limited to, rock outcroppings, existing trees
and shrubs that will remain;
ix. Tree staking, plant installation, soil preparation details, and any other applicable
planting and installation details;
x. A calculation of the total landscaped area; and
xi. Designation of recreational turf areas.
d. Design and Placement of Turf.
i. Turf shall be placed within functional and accessible recreational areas. Turf
placement is discouraged at locations adjacent to perimeter streets and sidewalks
and those locations having limited visibility and/or pedestrian activity.
ii. All typical landscaping plans for prototypical residential units (tract homes) shall
include a no-turf option.
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iii. Long, narrow or irregularly shaped turf areas shall not be designed because of the
difficulty in irrigating uniformly without overspray onto hardscaped areas, streets,
and sidewalks. Landscape areas less than ten feet in width shall not be designed
with turf. Turf will be allowed in these areas only if irrigation design reflects the use
of subsurface irrigation or a surface flow/wick irrigation system.
iv. Turf areas irrigated with spray/rotor systems must be set back at least twenty-four
inches from curbs, driveways, sidewalks or any other area that may result in runoff
of water onto hardscape. An undulating landscape buffer area created by the setback
shall be designed with rocks, cobble or decomposed granite and/or can be
landscaped with drip irrigated shrubs/accents or covered with a suitable
groundcover.
v. Turf is prohibited on slopes greater than twenty-five percent where the toe of the
slope is adjacent to an impermeable hardscape and where twenty-five percent means
one foot of vertical elevation change for every four feet of horizontal length (rise
divided by run x 100 = slope percent).
vi. Turf grass coverage shall be limited to no more than fifty percent of any project’s
total landscaped area.
vii. Turf grass is prohibited in perimeter landscape areas of new residential and
nonresidential developments.
e. Design and Placement of Groundcover and Mulch.
i. The use of a soil covering mulch or a mineral groundcover of a minimum three-
inch depth to reduce soil surface evaporation is required around trees, shrubs, and
on nonirrigated areas. The use of boulders and creek stones shall be considered to
reduce the total vegetation area. These areas should have enough shade to avoid
reflected or retained heat.
ii. Stabilizing mulching products shall be used on slopes.
iii. Soil amendments shall be incorporated according to recommendations of the soil
report and what is appropriate for the plants selected.
f. Stormwater Best Management Practices.
i. The landscaping plans shall identify the location and installation details of any
applicable stormwater best management practices that encourage on-site retention
and infiltration of stormwater. Stormwater best management practices are strongly
encouraged in the landscape design plan and examples include, but are not limited
to:
(A) Infiltration beds, swales, and basins, that allow water to collect and soak
into the ground;
(B) Constructed wetlands and retention ponds that retain water, handle
excess flow, and filter pollutants;
(C) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious
or porous concrete, etc.) that minimize runoff; and
(D) Any applicable rain harvesting or catchment technologies used (e.g., rain
gardens, cisterns, etc.).
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ii. All stormwater best management practices identified on the final landscaping
plans shall be prepared by the landscape architect in conjunction with the engineer
of record preparing the water quality management plan, grading plans, and other
related engineering plans.
6. Irrigation Design Plan.
a. For the efficient use of water, an irrigation system shall meet all the requirements
listed in this section and the manufacturer’s recommendations. The irrigation system and
its related components shall be planned and designed to allow for proper installation,
management, and maintenance. An irrigation design plan meeting the following criteria
shall be submitted as part of the final landscaping plan submittal.
b. Separate landscape water meters shall be installed for all projects except single-
family homes with a landscape area less than five thousand square feet. Landscape meters
for single family homes with a landscape area over five thousand square feet may be
served by a permanent service connection provided by the Coachella Valley Water
District or by a privately owned submeter installed at the irrigation point of connection on
the customer service line. When irrigation water is from a well, the well shall be metered.
The irrigation design plan shall be drawn on project base sheets. It should be on separate
pages from, but use the same format as, the landscape design plans. The irrigation system
specifications shall accurately and clearly identify the following:
i. Specifications for Irrigation Design.
(A) Control valves, manufacturer’s model number, size and location;
(B) Irrigation head manufacturer’s model number, radius, operating pressure,
gallons per minute/gallons per hour (gpm/gph) and location;
(C) Piping type, size and location;
(D) Power supply/electrical access and location;
(E) Plan scale and north arrow on all sheets;
(F) Irrigation installation details and notes/specifications;
(G) Graphic scaling on all irrigation design sheets;
(H) The irrigation system shall be automatic, constructed to discourage
vandalism, and simple to maintain. Irrigation equipment shall be screened
from view when installed adjacent to pedestrian areas and public rights-of-
way;
(I) All equipment shall be of proven design with local service available;
(J) Control valves shall be rated at two hundred psi;
(K) Visible sprinklers near hardscape shall be of pop up design;
(L) All heads should have a minimum number of wearing pieces with an
extended life cycle;
(M) Sprinklers, drippers, valves, etc., must be operated within manufacturer’s
specifications;
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(N) Manual shut-off valves (such as a gate valve, ball valve, or butterfly
valve) shall be required, as close as possible to the point of connection of the
water supply, to minimize water loss in case of an emergency (such as a
mainline break) or routine repair;
(O) High flow sensors that detect and report high flow conditions created by
system damage or malfunction where a dedicated landscape irrigation meter is
required;
(P) The following statement “I have complied with the criteria of the
ordinance and have applied them accordingly for the efficient use of water in
the irrigation design plan” shall be identified on the irrigation plans and
include the landscape architect’s signature.
ii. Specifications for Irrigation Efficiency. The minimum irrigation efficiency shall
be seventy-one percent. Greater irrigation efficiencies are expected from well-
designed and maintained systems. The following are required:
(A) Design spray head and rotor head stations with consideration for worst
wind conditions. Close spacing and low-angle nozzles are required in high and
frequent wind areas (Coachella Valley Water District ETo Zone No. 5).
(B) Spacing of sprinkler heads shall not exceed manufacturer’s maximum
recommendations for proper coverage. The plan design shall show a minimum
of seventy-five percent distribution uniformity.
(C) Only irrigation heads with matched precipitation rates shall be circuited
on the same valve.
(D) Valve circuiting shall be designed to be consistent with hydrozones.
(E) Individual hydrozones that mix plants that are moderate and low water
use may be allowed if the plant factor calculation is based on the proportions
of the respective plant water uses and their plant factor, or if the plant factor of
the higher water using plant is used for the calculations.
(F) Individual hydrozones that mix high and low water use plants shall not
be permitted.
(G) On the landscape design plan and irrigation design plan, hydrozone areas
shall be designated by number, letter, or other designation. On the irrigation
design plan, designate the areas irrigated by each valve, and assign a number
to each valve. Use this valve number in the hydrozone information table. This
table can assist with pre-inspection and final inspection of the irrigation
system, and programming the controller.
iii. Irrigation System Design.
(A) Point of connection or source of water and static water pressure;
(B) Meter location and size (where applicable);
(C) Pump station location and pumping capacity (where applicable);
(D) Reduced pressure backflow prevention devices shall be installed behind
meter at curb by the district;
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(E) Show location, station number, size and design gpm of each valve on
plan;
(F) Smart controller details shall be specified for all projects. This includes
climate based or sensor based controllers, which can automatically adjust for
local weather and/or site conditions;
(G) High flow check valves shall be installed in or under all heads adjacent
to street curbing, parking lots and where damage could occur to property due
to flooding, unless controllers with flow sensor capabilities are specified that
can automatically shut off individual control valves when excess flow is
detected;
(H) Pressure compensating screens/devices shall be specified on all spray
heads to reduce radius as needed to prevent overthrow onto hardscape and/or
to control high pressure misting;
(I) All irrigation systems shall be designed to avoid runoff onto hardscape
from low head drainage, overspray and other similar conditions where water
flows onto adjacent property, nonirrigated areas, walks, roadways or
structures;
(J) Rotor type heads shall be set back a minimum of four feet from
hardscape;
(K) The use of drip, microirrigation or pressure compensating bubblers or
other systems with efficiencies of ninety percent or greater is required for all
shrubs and trees. Small, narrow (less than eight feet), irregularly shaped or
sloping areas shall be irrigated with drip, microspray or PC (pressure
compensating) bubbler heads;
(L) Trees in turf areas shall be on a separate station to provide proper deep
watering.
iv. Street Median Irrigation System Design.
(A) No overhead sprinkler irrigation system shall be installed in median
strips or in islands.
(B) Median islands or strips shall be designed with either a drip emitter to
each plant or subsurface irrigation. PC bubblers are acceptable for trees only.
(C) High water use plants, characterized by a plant factor of 0.7 to 1.0 are
prohibited in street medians.
v. Drip Irrigation Design.
(A) The drip system must be sized for mature-size plants.
(B) The irrigation system should complete all irrigation cycles during peak
use in about twelve hours. Normally, each irrigation controller should not have
more than four drip stations that operate simultaneously.
(C) Field-installed below-ground pipe connections shall be threaded PVC or
glued PVC. Surface laid hose and tubing is not allowed. Microtube
distribution is not allowed unless emitter/manifold is installed in an access
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box. Microtubing must be buried at least six inches below grade and the end of
microtubing must be secured by a stake. The maximum length of microtubing
must be specified on the plan to be ten feet or less.
(D) Proportion gallons per day per plant according to plant size. The
following sizing chart is for peak water use. The low to high end of the range
is according to the relative water requirements of the plants. The low end is for
desert natives and the high end is for medium water use type plants.
Size of Plant Gallons Per Day
Large trees (over 30-foot diameter) 58+ to 97+
Medium trees (about 18-foot
diameter)
21 to 35
Small trees/large shrubs (9-foot
diameter)
6 to 10
Medium shrubs (3.5-foot diameter) 0.8 to 1.3
Small shrubs/groundcover 0.5 or less
(E) Plants with widely differing water requirements shall be valved
separately. As an example, separate trees from small shrubs and cactus from
other shrubs. Multiple emitter point sources of water for large shrubs and trees
must provide continuous bands of moisture from the root ball out to the mature
drip line plus twenty percent of the plant diameter.
(F) Most plants require fifty percent or more of the soil volume within the
drip line to be wetted by the irrigation system.
vi. Recycled Water Specifications.
(A) When a site has recycled water available or is in an area that will have
recycled water available as irrigation water, the irrigation system shall be
installed using the industry standard purple colored or marked “Recycled
Water Do Not Drink” on pipes, valves and sprinkler heads.
(B) The backup groundwater supply (well water or domestic water) shall be
metered. Backup supply water is only for emergencies when recycled water is
not available.
(C) Recycled water users must comply with all county, state and federal
health regulations. Cross connection control shall require a six-inch air gap
system or a reduced pressure backflow device. All retrofitted systems shall be
dye tested before being put into service.
(D) Where available, recycled water shall be used as a source for decorative
water features.
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(E) Sites using recycled water are not exempted from the maximum water
allowance, prescribed water audits or the provisions of these criteria.
(F) A recycled water checklist shall be submitted upon submittal of the first
plan check of the final landscape plan submittal, an example of which may be
obtained from the planning department or Coachella Valley Water District.
vii. Nonpotable Irrigation Water Specifications.
(A) When a site is using nonpotable irrigation water that is not recycled
water (from an on-site well, Bureau of Reclamation irrigation lines, or from
canal water) all hose bibs shall be loose key type and quick coupler valves
shall be of locking type with non-potable markings or signs to prevent possible
accidental drinking of this water.
(B) Sites using nonpotable irrigation water are not exempted from the
maximum annual applied water allowance, prescribed water audits or the
provisions of these criteria.
7. Groundwater Water Specifications. Sites using groundwater irrigation water from wells
are not exempted from the maximum annual applied water allowance, prescribed water audits
or the provisions of these criteria.
8. Grading Design Plan.
a. For efficient use of water, grading of a project site shall be designed to minimize
soil erosion, runoff, and water waste. A landscape grading plan shall be submitted as a
part of the final landscaping plan submittal package. A comprehensive grading plan
prepared by a civil engineer in coordination with the landscape architect satisfies this
requirement.
b. The grading design plan shall indicate finished configurations and elevations of
the landscaped area, including the height of graded slopes, drainage patterns, pad
elevations, finish grade, and stormwater retention improvements, if applicable.
c. To prevent excessive erosion and runoff, it is highly recommended that project
applicants:
i. Grade so that all irrigation and normal rainfall remains within property lines and
does not drain on to nonpermeable hardscapes;
ii. Avoid disruption of natural discharge drainage patterns and undisturbed soil; and
iii. Avoid soil compaction in landscape areas.
d. The grading design plan shall contain the following statement: “I have complied
with the criteria of the ordinance and applied them accordingly for the efficient use of
water in the grading plan.”
e. Slopes greater than twenty-five percent shall not be irrigated with an irrigation
system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be
modified if the landscape designer specifies an alternative design or technology, as part
of the final landscaping plan submittal, and clearly demonstrates no runoff or erosion will
occur. Prevention of runoff must be confirmed during an irrigation audit.
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f. All grading must retain normal stormwater runoff and provide for an area of
containment. All irrigation water must be retained within property lines and not allowed
to flow into public streets or into the public right-of-way. Where appropriate, a simulated
dry creek bed may be used to convey storm drainage into retention areas. A drywell shall
be installed if the retention basin is to be used as a recreational area.
g. Avoid mounded or sloped planting areas that contribute to runoff onto hardscape.
Sloped planting areas above a hardscape area shall be avoided unless there is a drainage
swale at toe of slope to direct runoff away from hardscape.
h. Median islands must be graded to prevent stormwater and excess irrigation
runoff.
9. Soil Analysis.
a. In order to reduce runoff and encourage healthy plant growth, a soil management
report shall be completed by the project applicant, or their designated agent, as follows:
i. Submit soil samples to a laboratory for analysis and recommendation;
ii. Soil sampling shall be conducted in accordance with laboratory protocol,
including protocols regarding adequate sampling depth for the intended plants;
iii. The soil analysis shall include:
(A) Determination of soil texture, indicating the available water holding
capacity,
(B) An appropriate soil infiltration rate (either) measured or derived from
soil texture/infiltration rate tables. A range of infiltration rates shall be noted
where appropriate,
(C) Measure of pH, total soluble salts, and percent organic matter;
iv. The soil analysis report shall be submitted to the city as part of the final
landscaping plan;
v. The soil analysis report shall be made available, in a timely manner, to the
professionals preparing the landscape design plans and the irrigation plans to make
any adjustments to the design plans;
vi. The project applicant or his or her designated agent shall submit documentation
verifying implementation of the soil analysis report recommendations to the local
agency with the certificate of completion prior to final inspection.
10. Certification. An approval stamp and/or signature block from the Coachella Valley Water
District and Riverside County agricultural commissioner shall be identified on the final
landscaping plans. Approval of final landscaping plans from any outside agencies, if
necessary, shall be obtained by the applicant prior to final approval of the plans by the
planning director.
D. Public Education.
1. Publications.
a. The city, county or water district will, upon request, provide information to the
public regarding the design, installation, and maintenance of water efficient landscapes.
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b. Information about the efficient use of landscape water shall be provided to water
users throughout the community.
c. The landscape architect will provide a site-specific landscape irrigation package
for the homeowner or irrigation system operator. The package will include a set of
drawings, a recommended monthly irrigation schedule and a recommended irrigation
system maintenance schedule.
d. Irrigation Schedules. Irrigation schedules satisfying the following conditions
shall be submitted as part of the landscape irrigation package:
i. An annual irrigation program with monthly irrigation schedules shall be required
for the plant establishment period, for the established landscape, and for any
temporarily irrigated areas. The irrigation schedule shall:
(A) Include run time (in minutes per cycle), suggested number of cycles per
day, and frequency of irrigation for the station;
(B) Provide the amount of applied water (in hundred cubic feet)
recommended on a monthly and annual basis;
(C) Whenever possible, irrigation scheduling shall incorporate the use of
evapotranspiration data such as those from the California Irrigation
Management Information System (CIMIS) weather stations to apply the
appropriate levels of water for different climates;
(D) Whenever possible, landscape irrigation shall be scheduled between ten
p.m. and five a.m. to avoid irrigating during times of high wind or high
temperature.
e. Maintenance Schedules. A regular maintenance schedule satisfying the following
conditions shall be submitted as part of the landscape documentation package:
i. Landscapes shall be maintained to ensure water efficiency. A regular
maintenance schedule shall include, but not be limited to, checking, adjusting,
cleaning and repairing equipment; resetting the automatic controller, aerating and
dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all
landscaped areas.
ii. Repair of irrigation equipment shall be done with the originally specified
materials or their approved equivalents.
f. Information shall be provided about designing, installing, and maintaining water
efficient landscapes.
E. Approval of Landscaping.
1. Final landscaping plans shall be approved by the planning director. Median landscaping
plans located within private streets and public rights-of-way shall be reviewed by the public
works department and approved by the planning director.
2. Planning staff shall field inspect all completed landscaping for compliance with the
approved final landscaping plans and site development permit. Public works staff shall inspect
all median landscaping for compliance with the approved final landscaping plans.
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3. Prior to inspection, the landscape architect shall provide the planning department a copy
of the official certificate of completion. The certificate of completion shall include all of the
following:
a. Project information identifying the project’s location, date of installation, and
contact information for all persons involved;
b. Certification by either the signer of the landscape design plan, the signer of the
irrigation design plan, or the licensed landscape contractor that the landscape project has
been installed per the approved final landscaping plans;
c. Irrigation scheduling parameters used to set the controller. A diagram of the
irrigation plan showing hydrozones shall be kept with the irrigation controller for
subsequent management purposes;
d. Landscape and irrigation maintenance schedule;
e. Irrigation audit report (if applicable);
f. Soil analysis report and documentation verifying implementation of soil report
recommendations; and
g. Any additional project information required by the city or local water purveyor.
4. Final certificates of occupancy may be authorized for issuance once the final landscaping
plans have been approved, a certificate of completion has been submitted, and the landscaping
and irrigation installation has been inspected and approved by both the city and the local water
purveyor.
Note: Authority cited: Section 65593, 65594, Government Code. Reference: Section 65593, 65596,
64497. (Ord. 562 § 1, 2017; Ord. 544 § 2, 2016; Ord. 537 § 4, 2016; Ord. 476 § 1, 2010; Ord. 452 § 1,
2008; Ord. 392 § 3, 2003; Ord. 220 § 1, 1993)
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TITLE 9
9.20.040 Land uses not listed.
A. Director’s Authority. Because not every possible land use can be identified in this zoning
code and because new land uses evolve over time, this section establishes the director’s
authority to determine if unlisted uses shall be permitted in a zoning district. In order to
determine that a use is permitted as a principal, conditional or accessory use, the director shall
make all of the following findings:
1. The proposed use is consistent with the goals and policies of the general plan.
2. The proposed use is compatible with the purpose and intent of the district in which it
is to be located.
3. The proposed use will not adversely affect the health, safety or welfare of residents or
other persons in the vicinity of the use.
B. Referral to Planning Commission. Any determination on a proposed unlisted use may be
referred to the planning commission as a nonhearing item if the director determines on a case-
by-case basis that the public interest would be better served by such referral.
C. Appeals. Any determination on an unlisted land use may be appealed in accordance with
Section 9.200110. Determinations by the director may be appealed to the planning
commission and determinations by the planning commission may be appealed to the city
council. (Ord. 550 § 1, 2016)
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
9.60.045 Barbeques, waterfalls, fountains, fireplaces and similar structures
9.60.050 Storage and other accessory buildings
9.60.060 Garages and carports
9.60.070 Swimming pools
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9.60.075 Ground mounted mechanical equipment.
9.60.080 Satellite dish and other antennas
9.60.090 Second residential units
9.60.100 Guesthouses
9.60.110 Home occupations
9.60.115 Cottage food operations.
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 events—Residential
9.60.180 Manufactured housing and mobile homes
9.60.190 Child daycare facilities
9.60.200 Temporary construction and guard offices
9.60.210 Trash and recyclable materials storage
9.60.220 Noise control
9.60.230 Landscaping and open area
9.60.240 Model home complexes
9.60.250 Condominium conversions
9.60.260 Density bonuses for affordable housing
9.60.270 Bed and breakfast regulations
9.60.280 Timeshare regulations
9.60.290 Compatibility review for partially developed subdivisions
9.60.300 Restrictions on multistory buildings at project boundaries
9.60.310 Resort residential
9.60.320 Reasonable accommodation
9.60.330 Planned unit development standards.
9.60.340 Flagpoles.
D. Definitions. See Chapter 9.280. (Ord. 550 § 1, 2016)
9.30.050 RM Medium Density Residential District.
A. Purpose. To provide for the development and preservation of medium density
neighborhoods (four to eight units per acre, except as provided in Section 9.40.020,
“Conditions for varying residential densities”) with single-family detached dwellings on
medium and small size lots and/or, subject to a specific plan, projects with clustered smaller
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dwellings, such as one- and two-story single-family attached, townhome or multifamily
dwellings, with open space.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Chapter 9.50 contains additional details and illustrations regarding development standards.
(Ord. 550 § 1, 2016)
9.40.030 Table of permitted uses.
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.
“PUD”: Planned unit development.
“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 9.240.
“X”: Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Land Use RVL RL RC RM RMH RH
Single-family detached
dwellings P P P P P S
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P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Single-family detached patio
homes (i.e., “zero lot-line”) PUD PUD PUD PUD PUD PUD
Duplexes (two units on the
same lot) PUD PUD X PUD P P
Single-family attached
dwellings (two units per
building with each unit on its
own lot) PUD PUD X PUD P P
Townhome dwellings (two or
more units per building with
each unit on its own lot) PUD PUD X P P P
Condominium multifamily
(“airspace” units) PUD PUD X P P P
Apartment multifamily (rental
units) X X X P P P
Mobile home parks C C C C C C
Mobile home subdivisions and
manufactured homes on
individual lots, subject to
Section 9.60.180 P P P P P X
Resort residential subject to
Section 9.60.310 P P X P P P
Guesthouses, subject to
Section 9.60.100 A A A A A A
Second residential units
subject to Section 9.60.090 A A A A A A
Group Living and Care Uses
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P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Child day care facilities as an
accessory use, serving 6 or
fewer children, subject to
Section 9.60.190 A A A A A A
Child day care facilities as an
accessory use, serving 7—14
children, subject to Section
9.60.190 A A A A A A
Congregate living facilities, 6
or fewer persons P P P P P X
Congregate care facility C C C C C C
Residential care facilities, 6 or
fewer persons P P P P P P
Senior citizen residences, 6 or
fewer persons P P P P P P
Senior group housing, 7 or
more persons X X X M M M
Time share facilities, subject to
Section 9.60.280 M M M M M M
Bed and breakfast inns M M M M M M
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 space P P P P P P
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P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Bicycle, equestrian and hiking
trails P P P P P P
Clubhouses and community
pools/cabanas P P P P P P
Unlighted tennis and other
game courts on private
property, subject to Section
9.60.150 A A A A A A
Lighted tennis and other game
courts on private property,
subject to Section 9.60.150 M M M M M M
Golf courses and country clubs
per Section 9.110.040 P P P P P P
Driving range with or without
lights M M X M M M
Accessory Uses and
Structures
Home occupations, subject to
Section 9.60.110 A A A A A A
Cottage food operations,
subject to Section 9.60.115 P P P P P P
Patio covers, decks, and
gazebos, subject to Section
9.60.040 A A A A A A
Fences and walls, subject to
Section 9.60.030 P P P P P P
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P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Satellite dishes and other
antennas subject to Section
9.60.080 A A A A A A
Swimming pools, spas and
cabanas, subject to Section
9.60.070 A A A A A A
Garages and carports, subject
to Section 9.60.060 A A A A A A
Keeping of household pets,
subject to Section 9.60.120 A A A A A A
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 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. A A X X X X
Other accessory uses and
structures which are
customarily associated with
and subordinate to the
principal use on the premises
and are consistent with the
purpose and intent of the
zoning district. A A A A A A
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P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Agricultural Uses
Tree crop farming;
greenhouses P X X X X X
Field crop farming P M X X X X
Produce stands, subject to
Section 9.100.100 P T X X X X
Temporary Uses
Garage sales A A A A A A
Construction and guard
offices, subject to Section
9.60.200 A A A A A A
Use of relocatable building M M M M M M
Model home complexes and
sales offices, subject to Section
9.60.240 M M M M M M
Special outdoor events, subject
to Section 9.60.170 M M M M M M
Parking of recreational
vehicles, subject to Section
9.60.130 A A A X X X
Other Uses
Churches, temples and other
places of worship C C C C C C
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P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit
development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low
Density
Residential
Low
Density
Residential
Cove
Residential
Medium
Density
Residential
Medium-
High
Density
Residential
High
Density
Residential
Museum or gallery displaying
sculpture, artwork or crafts,
including schools for above,
on 20 acres or more M M M M M M
Community recreational
vehicle storage lots,
noncommercial A A X A A A
Communication towers and
equipment (freestanding, new
towers) subject to Chapter
9.170 C C C C C C
Communication towers and
equipment (co-location,
mounted to existing facility)
subject to Chapter 9.170 M M M M M M
Utility substations and
facilities M M M M M M
Public flood control facilities
and devices P P P P P P
Other principal, accessory or
temporary uses not in this
table.
Director or planning commission to determine whether use is permitted
in accordance with Section 9.20.040.
(Ord. 550 § 1, 2016)
9.50.030 Table of development standards.
A. Definitions. See Chapter 9.280.
B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040, following, set forth
standards for the development of property within residential districts. However, standards different
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from those in Table 9-2 shall apply if special zoning symbols described in Section 9.20.030 are
designated on the official zoning map.
Table 9-2 Residential Development Standards
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Development Standard District
RVL RL RC RM RMH RH
Minimum lot size for single-
family dwellings (sq. ft.) 20,000 7200 7200 5000 3600 2000
Minimum project size for
multifamily projects (sq. ft.) n/a n/a n/a n/a 20,000 20,000
Minimum lot frontage for single-
family dwellings (ft.)1 100 60 60 50 40 n/a
Minimum frontage for
multifamily projects (ft.) n/a n/a n/a n/a 100 100
Maximum structure height (ft.)2 28 28 17 28 28 40
Maximum number of stories 2 2 1 2 2 3
Minimum front yard setback
(ft.)3 30 20 20 20 20 20
Minimum garage setback (ft.)4 30 25 25 25 25 25
Minimum interior/exterior side
yard setback (ft.)5, 7 10/20 5/10 5/10 5/10 5/10 10/15
Minimum rear yard setback (ft.)7 30
20 for new
lots and 10
for existing
recorded
lots8 10 15 15 20
Maximum lot coverage (% of net
lot area) 40 50 60 60 60 60
Minimum livable area excluding
garage (sq. ft.) 2500 1400 1200 1400
1400
(multifamily:
750)
750 for
multifamily
Minimum common open area6 n/a n/a n/a 30% 30% 30%
Minimum/average perimeter
landscape setbacks (ft.)6 10/20 10/20 n/a 10/20 10/20 10/20
Symbol
Description of Special Zoning Symbols Used as per Section
9.20.030
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60-RM-10,000
17/1
60-foot minimum lot frontage, medium density residential zoning,
10,000 square foot minimum lot size, 17-foot maximum building
height at one story
RL 10,000
17/1
Low density residential zoning, 10,000 square foot minimum lot size,
17-foot maximum building height at one story
RM
17/1
Medium density residential zoning, 17-foot maximum building height
at one story
RL
17/1
Low density residential zoning, 17-foot maximum building height at
one story
* As shown on the approved specific plan for the project.
** As provided in the underlying base district.
1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet.
2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150
feet of any general plan-designated image corridor, except in the RC zone, which is 17 feet.
3 For non-garage portions of dwelling only. Also, projects with 5 or more adjacent single-family 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.
4 For all but RVL district, minimum garage setback shall be 20 feet if “roll-up” type garage door is used. Also, for side-entry type
garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts.
5 The following are exceptions to the minimum side setbacks shown: For interior side yards in the RL, RM and RMH districts, if the
building is over 17 feet in height, the setback is 5 feet plus 1 foot for every foot over 17 feet in height or fraction thereof, to a maximum setback
of 10 feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building.
For RH, 5 feet minimum plus 1 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 5 and 10 feet from said side yard property line. For interior setbacks, if the
building is over 28 feet in height the setback is 10 feet plus 1 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.
6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is
required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number
equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.230 and additional
landscape/open area standards.
7 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL
zone district where it only applies to the side yard.
8 Existing recorded lots prior to May 1, 1997.
(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016)
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9.60.030 Fences and walls.
A. Purpose. For purposes of this section, “fence” or “wall” means any type of fence, wall,
retaining wall, sound attenuation wall, screen or windscreen. The terms “fence” and “wall” are
used interchangeably in this section to mean any or all of the preceding structures.
B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights
shall be measured from finish grade at the base of the fence to the highest point of the fence on
the interior or exterior side, whichever is higher.
In addition, the following provisions shall apply to the measurement of fence height:
1. Open railings, up to forty-eight inches high, placed on top of a retaining or other wall
and required for pedestrian safety shall not be included in the height measurement.
2. Fences less than thirty inches apart (measured between adjoining faces) shall be
considered one structure and fence height shall be measured from the base of the lower
fence to the top of the higher fence. Fences thirty inches or more apart shall be
considered separate structures and their heights shall be measured independently. The
director may require that the area between such fences be provided with permanent
landscaping and irrigation.
C. Fence Heights. The construction and installation of fences shall be in compliance with the
following standards:
1. Within Main Building Area. In the area of a lot where a main building may be
constructed, the maximum freestanding fence height shall be twelve feet.
2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet
within any required setback area not adjoining a street. Where the elevation of an
adjoining building site is higher than the base of the fence within a side or rear setback
area, the height of the fence may be measured from the elevation of the adjoining
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building site to the top of the fence. However, fence height shall not exceed eight feet
measured from either side with the exception of the RC district (see Section 9.30.040).
3. Setback Areas Bordering Streets, Alleys and Other Accessway.
a. Within all districts, the maximum fence height shall be six feet within any front,
rear or side setback area adjoining a public street.
b. Notwithstanding other fence height restrictions, where, because of the
orientation of the lots, a property line fence separates a front yard on one lot from a
rear yard on an adjacent lot, the maximum fence height shall be six feet.
c. Arches or trellises up to nine feet in overall height and five feet interior width
may be constructed over a gate on a lot provided the arch/trellis is integrated into
the fence/gate design. The director may refer arch designs exceeding the standard
to the planning commission for approval.
d. Any portion of a building site where vehicular access is taken shall conform to
the access intersection requirements of subsection (C)(4) of this section.
e. City- or state-required sound attenuation walls bordering freeways or arterial
highways may exceed six feet in height if so recommended by a noise attenuation
study and approved by the director.
4. Adjacent to a Nonresidential Zone or Use. The maximum fence height between a
residential zone or use and a nonresidential zone or use shall be eight feet.
a. The height of fences, trees, shrubs and other visual obstructions shall be limited
to a maximum height of thirty inches within the triangular area formed by drawing a
straight line:
i. Between two points located on and twenty feet distant from the point of
intersection of two ultimate street right-of-way lines.
ii. Between two points located on and five feet distant from the point of
intersection of an ultimate street or alley right-of-way on one hand and the
edge of a driveway or another alley right-of-way on the other if parkway width
is less than twelve feet wide.
b. For purposes of this code, “point of intersection” means the intersection of the
prolongation of the right-of-way lines, excluding any curved portion joining the two
lines.
c. The height restrictions of this subdivision shall apply to fences, walls, trees,
shrubs, vegetation, or any other material which obstructs or may obstruct visibility.
D. Gates.
1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood.
Such gates may be placed in any location provided they meet the requirements of this
section and provided any wood used is not less than a grade of construction heart or
merchantable and better redwood or No. 2 and better (no holes) western red cedar,
stained or painted to match or complement the adjacent wall or structure. Alternatively,
if left in natural color, all wood shall be treated with a water-repellant material. Wood
gates over thirty-six inches wide shall have a metal frame. Chain link gates are prohibited.
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Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal
if solid. If screening an RV, the gate shall be constructed of a solid opaque material.
2. Width. Pedestrian gates shall not exceed five feet in width, except that gates may be
any width within side yard setbacks of at least twelve feet.
E. Fence Construction and Materials. All fencing in residential districts shall conform to the
following construction and material standards:
1. Wood and Vinyl Fencing.
a. Except for gates, split two-rail fencing, and for equestrian fencing regulated by
Section 9.140.060, wood and vinyl or similar recycled fencing materials are
permitted in rear or interior side yards only, and only if not visible from the street.
Wood-framed fencing with a stucco finish is permissible in any location on the lot
provided the color of the masonry or stucco matches or complements the adjacent
wall or structure. Gates may be of wood in any location provided they comply with
the standards of this section.
b. All wood fencing shall be constructed of not less than a grade of construction
heart or merchantable and better redwood or No. 2 and better (no holes) western
red cedar, stained or painted to match or complement the adjacent wall or structure.
Alternatively, if left in natural color, all wood shall be treated with a water-repellant
material.
c. All vinyl or similar recycled fencing material shall be constructed of an
aluminum-reinforced non-reflective material that contains antistatic and UV-
radiation inhibiting additives.
d. Fence boards may be horizontal or vertical. Support posts shall be a minimum of
nominal four inches by four inches redwood, pressure-treated lumber, tubular steel
or block and installed per the Uniform Building Code.
e. Split Rail Fencing. Split two-rail fencing shall be allowed in the front yard or
along the front property line with columns a maximum height of four feet and three
feet for the top rail. All columns shall be cemented with footings. Materials for the
columns shall be wood, brick, or block. The rails may be either wood or other non-
wood products that have the appearance of split rail. A building permit shall be
obtained prior to construction.
2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing
may be used along the front or street side yards only. The iron or steel shall be painted to
match or complement the adjacent wall or structure.
3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco
covering) is permitted in any location on the lot provided the color of the masonry or
stucco matches or complements the adjacent wall or structure. Precision concrete block
shall not be used unless all exterior surfaces visible from outside the property are
covered with stucco, paint, texture coating, or other comparable coating approved by the
director.
4. Material Combinations. Combinations of two or more of the preceding materials may
be used provided that the bottom one-half of the fence is constructed of a masonry
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material. Combinations incorporating wood materials shall only be used for the rear and
interior side yards and only when not visible from the street.
5. Other Materials. Other fence materials or combination of fence materials such as, but
not limited to, corrugated metal, bamboo, and glass may be permitted in the front or
street side yard by the director in conjunction with approval of a building permit for
fence construction if the permit application includes a materials sample, a site plan with
proposed fence alignment, photographs of the main dwelling, and the following findings
are made:
a. The design of the fence, including but not limited to, the architectural style,
materials, colors, architectural details, and other architectural elements is
compatible with a main dwelling existing on site or in development review at time
of application.
b. The fence meets all screening requirements.
c. The material(s) are of good and durable quality.
d. The material(s) will not be detrimental to the health, safety and general welfare
of the community in the area.
F. Fence Landscaping and Maintenance.
1. Landscaping. The area between the back of curb and any fencing shall be landscaped,
have a suitable permanent irrigation system, and be continuously maintained by the
property owner.
2. Maintenance. All walls and fences shall be continuously maintained in good repair.
The property owner shall be provided thirty days after receiving notice from the city to
repair a wall or fence. The building official may grant an extension to such time period
not to exceed sixty days.
G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire,
chain link, or similar materials in or on fences is prohibited in all residential districts. Chain
link fencing is permitted for temporary construction fences when authorized by a minor use
permit issued in accordance with Section 9.210.025 Said minor use permit shall not be
approved until a permit for grading, or construction, has been filed for, whichever comes first.
H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall
be regulated by the provisions of Section 9.140.060 (Equestrian overlay regulations) where
the keeping of horses is permitted.
I. Nonconforming Fences. Any fence which does not meet the standards of this section but
which was legally established prior to the adoption of these standards may be maintained
provided such fence is not expanded nor its nonconformance with these standards otherwise
increased. Any fence which is destroyed or damaged to the extent of more than fifty percent of
its total replacement value shall not be repaired, rebuilt, or reconstructed except in
conformance with these standards. (Ord. 560 § 1, 2017; Ord. 550 § 1, 2016)
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9.60.060 Garages and carports.
A. Height. The maximum structure height shall be fourteen feet for a detached carport and
seventeen feet for a detached garage, except that garages may be up to twenty-eight feet in height if
a second dwelling unit complying with the provisions of Section 9.60.090 is located above the
garage.
B. Setbacks.
1. In the RVL district, the minimum garage or carport setback shall be thirty feet. In all other
residential districts, the minimum setback for front-entry type garages or carports shall be
twenty-five feet if a standard “pivot” type garage door is used, twenty feet if a “roll-up” type
garage door is used, and twenty feet for a carport. For side-entry type garages, the minimum
garage setback shall be twenty feet in the RVL district and fifteen feet in all other residential
districts. A side-entry garage designed as tandem parking, when permitted under this code,
shall not be located along any street frontage. The conversion of side-entry garages to habitable
area is only permitted if the side-entry garage conforms to the minimum garage setback for a
front-entry type garage.
2. When alleys, private streets or common driveways at the rear of a lot are provided
specifically as vehicular access to garages and carports and when separate access and
circulation systems are provided for pedestrians, guests and emergency vehicles, garages and
carports may be placed up to a minimum of five feet from such alley, private street or common
driveway.
C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in
violation of the lot coverage maximums set forth in Section 9.50.030. (Ord. 550 § 1, 2016)
D. Maximum Garage Size. For single family homes, garage shall not exceed 50% of livable area
of home.
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 9.40.030 and are not detached
accessory dwelling units subject to Section 9.60.090(D).
B. Definitions. See Chapter 9.280.
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 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
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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. The placement of a guesthouse on a lot shall not result in violation of the lot coverage
maximums set forth in Section 9.50.030.
5. If a private sewage disposal system is used, approval of the local health officer shall be
required.
6. 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.
7. Guesthouses shall have no more than two bedrooms. (Ord. 571 § 1, 2018; Ord. 550 §
1, 2016)
9.60.140 Screening.
A. Parking Area Screening. Screening of common parking areas shall be provided for all
residential projects in accordance with the requirements for nonresidential uses in Section
9.100.050.
B. Equipment Screening.
1. Roof-Mounted Equipment. Roof-mounted utility and mechanical equipment,
including, but not limited to, air conditioning, heating, restaurant exhaust fans, electrical
elevator structures, roof accesses, etc., may be permitted only as follows:
a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is
made to appear as an integral part of the building. Screening shall be an integral
part of the roof design and not appear as an afterthought.
b. Such screening shall be provided so that the highest point of the equipment is
below the surrounding architectural feature and is screened from view to a
minimum horizontal sight distance of one thousand three hundred twenty feet as
viewed from a point five feet above finish grade, whichever provides the most
screening.
c. Roof-mounted equipment shall be screened from view of surrounding two-story
(or more) residential development and, where feasible as determined by the city,
from two-story commercial and other types of development.
d. No equipment shall be placed on any sloped roof.
2. Ground-Mounted Equipment. Ground-mounted utility, mechanical, and pool, spa, or
water feature equipment shall be screened from ground view of surrounding properties.
Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or
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landscape planting. Equipment within unenclosed exterior side yards shall be screened
by an opaque wall.
3. Solar Equipment. Solar heating equipment, whether roof- or ground-mounted shall be
installed so that the underside of the equipment is not visible from surrounding
properties.
4. Access Ladders. Wall-mounted exterior roof access ladders are prohibited unless
screened from view by surrounding features.
C. Facility Screening. Within multifamily and condominium projects, storage, trash and
loading areas shall be screened as follows:
1. Storage Areas. All storage, including cartons, containers, materials or equipment shall
be screened from public view as required by Section 9.100.110 (Outdoor storage and
display).
2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less
than six feet in height in accordance with Section 9.60.210. Decorative overhead
structures such as trellises shall be integrated into the enclosure design if it is visible
from higher terrain.
3. Loading Areas. Loading platforms and areas shall be screened from view from
adjacent streets and residential, open space and recreation areas. (Ord. 550 § 1, 2016)
9.60.150 Tennis and other game courts.
A. Permits Required. Construction of tennis and other game courts, including fencing, may be
permitted as indicated in Section 9.40.030. Enclosed game courts shall comply with Section
9.60.050, Storage and other accessory buildings. All lighted game courts, where permitted,
shall require approval of a minor use permit by the director or conditional use permit by the
planning commission processed in accordance with Section 9.210.020.
B. Development Standards. Game courts shall meet the following minimum development
standards:
1. Fences. A maximum twelve-foot-high fence (measured from the finished grade of the
court) shall be allowed. Fences may include a dark, nonreflective screening material. If
the fencing is chain link, it shall be vinyl-coated or painted in a dark color such as dark
green or black.
2. Setbacks. Minimum setbacks from property lines for game courts shall be:
a. Front yard: twenty feet.
b. Side yard: ten feet.
c. Rear yard: ten feet.
The preceding minimum setbacks shall be increased by three feet for every foot of
abutting court fence height over eight feet. In addition, if the setback from any side or
rear property line is less than thirty feet, the finish grade of the court shall be a minimum
of four feet lower than the finish grade at the applicable side or rear property line.
3. Lighting. Game court lighting shall conform to the requirements of Section 9.60.160
(Outdoor lighting). In addition, a maximum of eight lights (i.e., eight individual light
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sources) shall be permitted and mounting standard height shall not exceed eighteen feet
measured from the court surface. Courts shall not be lighted after ten p.m.
4. Glare. The surface area of any game court shall be designed, painted, colored and/or
textured to reduce the reflection from any light source.
5. Landscaping. Landscaping shall be installed and maintained between the court fence
and property line. A landscape plan shall be submitted with the building permit
application, reviewed and approved by the director, and implemented at the same time
as court construction. (Ord. 550 § 1, 2016)
9.60.180 Manufactured housing and mobile homes.
A. Purpose. This section is intended to provide standards and criteria for the placement,
design, and construction of manufactured, modular and mobile homes in residential districts
consistent with Section 65852.3 et seq. of the State Government Code.
B. Definition. See Chapter 9.280. For purposes of simplicity, the term manufactured home is
used in this section.
C. Mobile Home Parks. In accordance with Section 65852.7 of the State Government Code,
mobile home parks are permitted in all residential districts if a conditional use permit is
approved. Development standards for such parks shall be as follows: minimum thirty percent
common open area and minimum perimeter setbacks of twenty feet at any point and twenty-
five feet average over the entire perimeter.
D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq. of the State
Government Code, individual mobile homes may be permitted as permanent or temporary
dwellings on single-family lots within the RVL, RL, RC, RM, and RMH districts.
E. Minor Use Permit Required. Approval of a minor use permit by the planning commission
shall be required prior to the placement of a manufactured home on a single-family lot subject
to the provisions of Section 9.210.025. The permit shall not be approved unless the director
finds that the dwelling meets the same development standards as provided for single-family
homes for each district as set forth in Chapter 9.50 and elsewhere in this code in addition to
the standard findings for approval of a site development permit per Section 9.210.010. (Ord.
550 § 1, 2016)
9.60.190 Child daycare facilities.
A. Purpose. The purpose of this section is to provide standards for the establishment and operation
of child daycare facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division
2 of the State Health and Safety Code. Local laws, regulations, or rules shall not directly or
indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not
limited to, precluding the operation of a family daycare home in accordance with Section 1597.40 of
the State Health and Safety Code.
B. Small and Large Child-Care Facilities. Child-care facilities serving up to fourteen children are
permitted in all residential districts. The use of a home as a Small or Large family Child-Care
Facilities shall be considered a residential use of property and a use by right for the purposes of all
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local ordinances, including, but not limited to, zoning ordinances consistent with Section 1597.45 of
the State Health and Safety Code.
9.60.240 Model home complexes.
A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate
sales offices and related signage may be established if a minor use permit is approved in
accordance with Section 9.210.025 and the following requirements are satisfied:
1. The complex is used solely for the original sale of new homes or the first rental of
apartments in projects of twenty or more units.
2. The complex is located within the area of the project for which it is established. The
temporary sales office shall not be located within one hundred feet of an existing
dwelling unit which is not a part of the new project.
3. Notwithstanding other provisions of this code, the parcel of land on which a
temporary real estate office is established is not required to be a building site provided
the parcel is precisely described.
4. The following structures and facilities are permitted in conjunction with the
establishment of a temporary real estate office in conformance with an approved minor
use permit:
a. Model homes in compliance with the zoning regulations applicable to the
properties that are being sold;
b. Garages, attached and detached, in compliance with the zoning regulations
applicable to the properties that are being sold;
c. Temporary sales office buildings or relocatable buildings;
d. Accessory buildings and structures in compliance with the zoning regulations
applicable to the properties that are being sold;
e. Recreational facilities that will become a permanent portion of the project in
compliance with the zoning regulations applicable to the properties that are being
sold;
f. Permanent streets and driveways that will be part of the project after the closure
of the real estate office use;
g. Temporary children’s playgrounds;
h. Temporary and permanent fencing, walks and structural amenities;
i. Temporary vehicle parking and maneuvering areas to provide off-street parking
as necessary for employees and guests;
j. Temporary vehicular access ways;
k. Temporary landscaping.
B. Signs. Signs in connection with a temporary model home complex shall be permitted
within a project subject to the following requirements:
1. Project identification signs are permitted at each street entrance and shall conform to
the provisions of Section 9.160.070 (Permitted semi-permanent signs):
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2. The sign copy shall be limited to matters relating to the project within which the signs
are located.
3. Time limits for display of signs shall be concurrent with that of the permitted model
home complex.
C. Flags. Flags in connection with a temporary model home complex may be permitted within
a residential project subject to the following requirements:
1. Number. A maximum of eight flags shall be permitted. There shall be no more than
one flag per pole. United States, state, and other similar flags shall count in the maximum
of eight flags.
2. Height. Flag poles shall be a maximum of twenty feet in height on the perimeter of the
project and sixteen feet in height in the interior. Pole heights shall be measured from
finish grade at the nearest project perimeter.
3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the
flag. The director shall provide applicants with diameter standards.
4. Size. Flags shall be a maximum of eighteen square feet in area on the perimeter of the
project and twelve square feet in the interior.
5. Flag Copy. Commercial or advertising flag copy is prohibited.
6. Color. Flags may vary in color or have multiple colors but fluorescent colors are
prohibited.
7. Time Periods. Time limits for display of flags shall be concurrent with that of the
permitted model home complex.
D. Prohibited Advertising Devices. The following advertising devices or activities are
expressly prohibited within or outside the project: banners, balloons, portable trailer signs, or
human indicators.
E. Requirements for Approval. Any approving action shall include those conditions and
requirements deemed by the decision-making authority to be necessary or advisable to
protect the public safety and the general welfare, together with a one thousand dollar cash
deposit that the structures and facilities will be removed or made consistent with applicable
zoning regulations within ninety days after the expiration of the permit or discontinuation of
the use the permit is approved for.
F. Time Limitations. A minor use permit may be approved for a maximum time period of two
years from the date of approval. A time extension of up to one year may be approved by the
director if the director finds that all requirements of this section and all other city
requirements and conditions have been met. (Ord. 550 § 1, 2016)
9.60.250 Condominium conversions.
A. Purpose. The purpose of this section is to:
1. Provide standards and criteria for regulating the conversion of rental housing to
residential condominium, community apartment or stock cooperative types of ownership
and for determining when such conversions are appropriate;
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2. Mitigate any hardship to tenants caused by their displacement; and
3. Provide for the public health, safety and general welfare.
B. Applicability. The provisions of this section shall apply to all conversions of rental housing
into condominiums, community apartments or stock cooperatives notwithstanding any other
provision of this zoning code.
C. Use Permit and Subdivision Required. All conversion projects subject to this section shall
require approval of a conditional use permit in accordance with Section 9.210.020 and
approval of tentative and final subdivision maps.
D. Zoning and Subdivision Standards. Conversion projects shall conform to: (1) the applicable
standards and requirements of the zoning district in which the project is located at the time of
approval; and (2) the applicable provisions of the subdivision code.
E. Tenant Notification. Applicants for conversion projects shall be responsible for notifying
existing and prospective rental tenants as follows:
1. Existing Tenants. At least sixty days prior to the filing of an application for conversion
of rental or lease property, the applicant or the applicants agent shall give notice of such
filing in the form set forth in Section 66452.9 of the State Subdivision Map Act to each
tenant of the subject property. Further, if the conversion project is approved, the
applicant shall give all tenants a minimum of one hundred eighty days advance notice of
the termination of their tenancy.
2. Prospective Tenants. At least sixty days prior to the filing of an application for
conversion of rental or lease property, the applicant or the applicants agent shall give
notice of such filing in the form set forth in Section 66452.8 of the Subdivision Map Act to
each person applying after such date for rental or lease of a unit of the subject property.
Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall
not be grounds to deny the conversion but shall make the applicant subject to the
penalties specified in Section 66452.8 of the Subdivision Map Act.
3. Evidence of Tenant Notification. Each application for conversion shall include
evidence to the satisfaction of the director that the notification requirements specified in
subsections (E)(1) and (2) of this section have been or will be satisfied.
F. Tenant Purchase Option. The property owner shall provide tenants with a ninety-day
preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable
terms and conditions than those on which such unit or share will be initially offered to the
general public. Such right shall be irrevocable for a period of ninety days after the
commencement of sales and notification of the tenant of such right.
G. Application Requirements. Each application for a conversion project shall be accompanied
by the following in addition to the standard filing requirements for conditional use permit and
subdivision applications:
1. Engineering Report. An engineering report on the general condition of all structural,
electrical, plumbing and mechanical elements of the existing development, including
noise insulation, and the estimated cost of repair or improvements, if any. The report
shall be completed to the satisfaction of the director, signed and dated by the director,
and made available to prospective buyers if the conversion is completed.
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2. List of Tenants. A complete mailing list of all tenants occupying the subject property
and two corresponding sets of stamped addressed envelopes. Within ten days after the
filing of the application, the director shall notify each tenant of the application, forward a
copy of the engineering report required by subsection (G)(1) of this section, and list the
procedures to be followed. The director shall mail a notice of public hearing at least ten
days before the hearing to each tenant on the mailing list.
3. Housing Program. Each application for a conversion project shall be accompanied by a
housing program. The program shall include but not be limited to the following:
a. The means by which the provision of affordable rental housing will be achieved
(e.g., by maintaining affordable rental condominium units within the converted
project or by providing affordable rental units elsewhere in La Quinta);
b. A housing report addressing the balance of housing in the immediate area,
including vacancy rates and other available housing of similar type and rent, the
current rents and estimated monthly payments and fees of the units to be
converted, and all improvements and renovations contemplated;
c. A survey of existing tenants as to their length of occupancy and the number of
those who express the intention of purchasing one of the units; and
d. A relocation plan which identifies the steps which will be taken to ensure the
successful relocation of each tenant if the conversion is completed. The relocation
plan shall also state what specific relocation assistance existing tenants will be
given, such as costs relating to physically moving tenants and their possessions, first
month’s rent in the tenant’s new unit, security and cleaning deposits, and phone
connection and utility deposits. Particular consideration shall be given to the needs
of elderly and disabled individuals, families with children, and other tenants who
may encounter difficulty in finding a new residence.
H. Affordable Units in Condominium Conversions. The provision of affordable dwelling units
in connection with the conversion of apartments to condominiums shall be governed by the
provisions of this section and of Section 9.60.260. (Ord. 550 § 1, 2016)
9.60.290 Compatibility review for partially developed subdivisions.
A. Purpose. Residential subdivisions are often developed in phases, either by the same or
different developers or by individual owner-builders. This section imposes requirements to
ensure that units in later phases of such projects are compatible in design and appearance
with those already constructed.
B. For purposes of this section, the term “compatible” means residential buildings which are
similar in floor area and harmonious in architectural style, mass, scale, materials, colors, and
overall appearance.
C. Applicability. This section applies to all second story additions, proposed major design
deviations, and new residential units which are different from those originally constructed
and/or approved and which are proposed for construction within a partially developed
subdivision, except for a custom home subdivision, project or phase. Proposed minor design
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deviations are not subject to this section. These requirements are in addition to other
applicable regulations in this code.
1. Minor Design Deviation. A minor design deviation can be approved by the planning
division without a public hearing. Minor design deviation means a modification of an
approved architectural unit within a subdivision that involves items such as, but not
limited to, less than ten percent change in square footage of existing constructed or
approved units; columns, dormer vents, window size changes, plant-on locations, color,
and stucco texture changes. The director may refer the minor design deviation to the
planning commission as a business item under the site development permit process.
2. Major Design Deviation. A major design deviation is subject to the compatibility
review for partially developed subdivisions. A major design deviation means a ten
percent or more change in square footage of existing constructed or approved units; any
exterior architectural modification not defined as a minor design deviation.
D. Site Development Permit Required. Residential units subject to this section are subject to
approval of a site development permit by the original decision-making authority per Section
9.210.010. Applications for such permits shall be filed with the planning division on forms
prescribed by the director together with: (1) all maps, plans, documents and other materials
required by the director; and (2) all required fees per Chapter 9.260. The director shall
provide the necessary forms plus written filing instructions specifying all materials and fees
required to any requesting person at no charge.
E. Acceptance of Applications as Complete. Within thirty days of receipt of a permit
application, the director shall determine whether the application is complete and shall
transmit such determination to the applicant. If the application is determined not to be
complete, the director shall specify in writing those parts of the application which are
incomplete and shall indicate the manner in which they can be made complete. No application
shall be processed until all required materials have been submitted and the application
deemed complete.
F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110
prior to planning commission approval or denial, if planning commission is the original
decision-making authority, of any site development permit consisting of the construction of a
total of five houses within a tract under the compatibility review provisions of this section.
Construction of a total of five or less units shall require review and approval of the planning
commission as a business item, if planning commission is the original decision-making
authority. The director may require that additional notice be given by enlarging the
notification radius or by other means determined by the director.
G. Precise Development Plan. A site development permit approved under the compatibility
review provisions of this section constitutes a precise development plan. Therefore, the
residential development authorized under the site development shall be in compliance with
the plans, specifications and conditions of approval shown on and/or attached to the approved
permit.
H. Required Findings. In addition to the findings required for approval of a site development
permit, the following findings shall be made by the decision-making authority prior to the
approval of any site development permit under the compatibility review provisions of this
section:
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1. The development standards of subsection I of this section have been satisfied.
2. The architectural and other design elements of the new residential unit(s) will be
compatible with and not detrimental to other existing units in the project.
I. Development Standards for Compatibility Review. No residential unit shall be approved
under compatibility review unless the original decision-making authority determines that it
complies with the following development standards:
1. A two-story house shall not be constructed adjacent to or abutting a lot line of an
existing single-story home constructed in the same subdivision.
2. If lot fencing has been provided in the subdivision, the new developer shall provide
the same or better type of fencing for the new dwelling(s), as determined by the original
decision-making authority, including any perimeter subdivision fencing.
3. Proposed single-family dwellings shall be compatible to existing dwellings in the
project or to dwellings which are approved for construction as shown on the plans and
materials board, unless otherwise approved by the original decision-making authority,
with respect to the following design elements:
a. Architectural material such as roof material, window treatment and garage door
style;
b. Colors;
c. Roof lines;
d. Lot area; and
e. Building mass and scale.
4. At least one specimen tree (i.e., minimum of a twenty-four-inch box size (one and one-
half-inch to two-inch caliper) and minimum ten-foot tall, measured from top of box) shall
be provided in the front yard and street side yard with the total number of trees on each
lot to be the same as that provided for on the original units.
5. Residential units with identical, or similar, front elevations shall not be placed on
adjacent lots or directly across the street from one another.
J. Original Decision-Making Authority Discretion on Unit Types. The original decision-making
authority, in reviewing dwelling units under this section, may limit the type and the number of
a particular unit to be constructed within a subdivision.
K. Appeals. The applicant or another aggrieved party may appeal decisions of the decision-
making authority in accordance with the provisions of Section 9.200.110. (Ord. 562 § 1, 2017;
Ord. 550 § 1, 2016)
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 feet.
B. Flagpoles are allowed within any yard not abutting another residential lot. The minimum
setback for flagpoles shall be ten feet from any property line.
C. Installation of flagpoles shall require a building permit.
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D. Flagpoles that were installed 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. (Ord. 580 § 1, 2019; Ord. 577 § 1, 2019)
9.70.030 CR Regional Commercial District.
A. Purpose and Intent. To provide for the development and regulation of regionally oriented
commercial areas located along the Highway 111 corridor as shown on the general plan. The
CR district is intended to provide a broad range of goods and services serving the entire
region. Representative land uses include corporate headquarters, regional service centers,
research and development facilities, major community facilities, major medical facilities,
overnight commercial lodging, entertainment, and automobile-oriented sales and services.
B. Permitted Uses. Chapter 9.80 lists permitted land uses.
C. Development Standards. Chapter 9.90 contains development standards and illustrations.
(Ord. 550 § 1, 2016)
9.80.020 Table of permitted uses.
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following,
specifies those uses and structures which are permitted within each nonresidential 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. “M”: Permitted if a minor use permit is approved.
5. “T”: Permitted as a temporary use only.
6. “X”: Prohibited in the district.
7. “S”: Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the
planning or the planning commission determines that such use is within one of the permitted use
categories listed (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040.
Table 9-5 Permitted Uses in Nonresidential Districts
ORDINANCE NO. 584
EXHIBIT A
Page 42 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Retail Uses
Retail stores
under 10,000
sq. ft. floor area
per business
P P P P P P X P
Retail stores1,
10,000—
50,000 sq. ft.
floor area
P P P P X X X P
Retail stores1,
over 50,000 sq.
ft. floor area
P C M X X X X X
Food, liquor
and
convenience
stores under
10,000 sq. ft.
floor area, open
less than 18
hours/day2
P A P P A A X P
Food, liquor
and
convenience
stores under
10,000 sq. ft.
floor area, open
18 or more
hours/day2
M X M M M X X M
Plant nurseries
and garden
supply stores,
with no
propagation of
plants on the
premises,
subject to
Section
9.100.110
(Outdoor
storage and
display)
P X P P X X X P
ORDINANCE NO. 584
EXHIBIT A
Page 43 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Showroom/cata
log stores,
without
substantial on-
site inventory
P P P X X X X X
General Services
Barbershops,
beauty, nail and
tanning salons
and similar uses
P A P P P A X P
Miscellaneous
services such as
travel services,
photo and video
services, shoe
repair,
appliance
repair, and
similar uses
P A P P P A X P
Laundromats
and dry
cleaners, except
central cleaning
plants
P X P P P X X M
Printing,
blueprinting
and copy
services
P P P P P P X P
Pet grooming—
without
overnight
boarding
P X P P P X X P
Office and Health Services
Banks P X P P P P X P
General and
professional
offices
P P P P P P P P
Medical
offices—
physicians,
P P P P P P X P
ORDINANCE NO. 584
EXHIBIT A
Page 44 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
dentists,
optometrists,
chiropractors
and similar
practitioners, 3
or fewer offices
in one building
Medical
centers/clinics
—four or more
offices in one
building
P X P C X P X P
Surgicenters/m
edical clinics
P P P C X P X X
Hospitals C X X X X X C X
Convalescent
hospitals
C X C X X X C X
Veterinary
clinics/animal
hospitals and
pet boarding
(indoor only)
M M M M X X X M
Dining, Drinking and Entertainment Uses
Restaurants,
other than
drive-through
P A P P P X A P
Restaurants,
drive-through
P A P X P X X X
Restaurants,
counter take-
out with
ancillary
seating, such as
yogurt, ice
cream, pastry
shops and
similar
P P P P P X A P
Bars and
cocktail
lounges
M M M M M X X M
ORDINANCE NO. 584
EXHIBIT A
Page 45 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Dance clubs
and nightclubs
C C C X C X X C
Dancing or live
entertainment
as an accessory
use
A A A A A X X A
Theaters, live
or motion
picture
P X M M M X A M
Tobacco shops
without onsite
smoking, as per
the provisions
of the Heath
and Sanitation
Code
P X P P A X X P
Cigar lounges,
hookah bars,
and similar uses
with onsite
smoking, as per
the provisions
of the Health
and Sanitation
Code
M X M M A X X M
Recreation Uses
Bowling alleys P X P X P X X C
Pool or billiard
centers as a
principal use
C C C X C X X C
Pool or billiard
tables as
accessory use
(3 tables or
less)
A A A A A A X A
Game machines
as an accessory
use
A A A A A A X A
Golf courses
and country
clubs (see GC
X X X X A X X X
ORDINANCE NO. 584
EXHIBIT A
Page 46 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
district
permitted uses,
Chapter 9.120)
Driving range
unlighted
P A C X P A P X
Tennis clubs or
complexes
C A C X X A C X
Health clubs,
martial arts
studios, and
dance studios,
5,000 sq. ft.
floor area or
less
P P P P P P P P
Health clubs,
martial arts
studios, and
dance studios,
over 5,000 sq.
ft. floor area
M M M M M M M M
Libraries P P P P P P P P
Museum P P P P P P P P
Arts and crafts
studios,
including
classes
P P P P P P P P
Parks,
unlighted
playfields and
open space
P P P P P P P P
Lighted
playfields
X X X X X X C C
Bicycle,
equestrian and
hiking trails
P P P P P P P P
Indoor pistol or
rifle ranges
X C X X X X X X
Indoor or
outdoor
commercial
M M M M M M X M
ORDINANCE NO. 584
EXHIBIT A
Page 47 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
recreation
centers
Ice skating
rinks
M M M X M X M X
Assembly Uses
Lodges, union
halls, social
clubs and
community
centers
P P P P X X P P
Churches,
temples and
other places of
worship
M M M M X M X M
Mortuaries and
funeral homes
M M M X X X X X
Public and Semipublic Uses
Fire stations P P P P P P P P
Government
offices and
police stations
P P P P P P P P
Communication
towers and
equipment
(freestanding,
new towers)
subject to
Chapter 9.170
C C C C C C C C
Communication
towers and
equipment (co-
location,
mounted to
existing
facility) subject
to Chapter
9.170
M M M M M M M M
Electrical
substations
X M X X X X M X
ORDINANCE NO. 584
EXHIBIT A
Page 48 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Water wells
and pumping
stations
P P P P P P P P
Reservoirs and
water tanks
X X X X X X P X
Public flood
control
facilities and
devices
P P P P P P P P
Colleges and
universities
C M X X X M C C
Vocational
schools, e.g.,
barber, beauty
and similar
M C C X X C C C
Private
elementary,
intermediate
and high
schools
C C C C C C C C
Helicopter pads X X X X C X C X
Public or
private kennels
and animal
shelters (with
indoor or
outdoor pet
boarding)
X C X X X X C X
Residential, Lodging and Child Daycare Uses
Existing single
family home
X X X X X X X P
Townhome and
multifamily
dwelling as a
primary use3,4
C C C C C C X C
Residential as
an accessory
use, e.g.,
caretaker
residences per
M M M M M M M M
ORDINANCE NO. 584
EXHIBIT A
Page 49 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Section
9.100.160
Child daycare
facilities,
centers and
preschools as a
principal use,
subject to
Section
9.100.240 (also
see Accessory
Uses)
M M M M X M M M
Senior group
housing
X X X X X X X M
Rooming and
boarding
houses
X X X X X X X M
Single room
occupancy
(SRO) hotels,
subject to
Section
9.100.250
C X X X X X X X
Emergency
shelters
P P P P P P P X
Transitional
shelters for
homeless
persons or
victims of
domestic abuse
C X X X X X C X
Single-family
residential
X X X X X X X X
Mixed-use
projects subject
to Section
9.110.120
P P P P P P X P
RV rental parks
and
X X X X M X X X
ORDINANCE NO. 584
EXHIBIT A
Page 50 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
ownership/mem
bership parks
Resort
residential,
subject to
9.60.310
S X C X P X X P
Hotels and
motels
P X P X P X X P
Timeshare
facilities,
fractional
ownership,
subject to
Section
9.60.280
P X P X P X X P
Automotive, Automobile Uses5
Golf cart,
neighborhood
electric vehicle
(NEV), and
electric scooter
sales
P P P M X X X M
Automobile
service stations,
with or without
minimart
subject to
Section
9.100.230
C C C C X X X C
Car washes M M M X X X X X
Auto body
repair and
painting;
transmission
repair
X C X X X X X X
Auto repair
specialty shops,
providing
minor auto
maintenance:
tire
C C C X X X X X
ORDINANCE NO. 584
EXHIBIT A
Page 51 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
sales/service,
muffler, brake,
lube and tune-
up services
Auto and
motorcycle
sales and
rentals
M M X X X X X X
Used vehicle
sales, not
associated with
a new vehicle
sales facility, as
per Section
9.100.260
C C X X X X X X
Truck,
recreation
vehicle and
boat sales
C C X X X X X
Auto parts
stores, with no
repair or parts
installation on
the premises
P P P P X X X P
Auto or truck
storage yards,
not including
dismantling
X C X X X X X X
Private parking
lots/garages as
a principal use
subject to
Chapter 9.150,
Parking
C C C X C C X C
Warehousing and Heavy Commercial Uses5
Wholesaling/di
stribution
centers, general
warehouses
C P X X X X X X
ORDINANCE NO. 584
EXHIBIT A
Page 52 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
with no sales to
consumers
Mini-storage X X6 X X X X X X
Lumber yards,
outdoor (see
retail stores for
indoor lumber
sales)
X M X X X X X X
Pest control
services
M P X X X X X X
Contractor
offices, public
utility and
similar
equipment/stora
ge yards
X M X X X X P X
Central
cleaning or
laundry plants
X X X X A X X X
Industrial and Research Uses
Indoor
manufacture
and assembly
of components
or finished
products
X P X X X X X X
Research and
development
P P X X X X X X
Recording
studios
M P X X X X X M
Bottling plants X P X X X X X X
Recycling
centers as a
primary use,
collection and
sorting only,
subject to
Section
9.100.190
X C X X X X C X
ORDINANCE NO. 584
EXHIBIT A
Page 53 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Off-site
hazardous
waste facilities
X C X X X X X X
Accessory Uses and Structures
Construction
and guard
offices, subject
to Section
9.100.170
P P P P P P P P
Portable
outdoor vendor
uses subject to
Section
9.100.100
M M M M M M M M
Swimming
pools as an
accessory use
A A A A A A A A
Indoor golf or
tennis facilities
as an accessory
use
A A A A A A A A
Outdoor golf or
tennis facilities
as an accessory
use
M M M M M M M M
Antennas and
satellite dishes,
subject to
Section
9.100.070
A A A A A A A A
Reverse
vending
machines and
recycling
dropoff bins,
subject to
Section
9.100.190
A A A A X X A M
Incidental on-
site products or
services for
A A A A A A A A
ORDINANCE NO. 584
EXHIBIT A
Page 54 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
employees or
businesses,
such as child
day care,
cafeterias and
business
support uses
Other accessory
uses and
structures
which are
customarily
associated with
and subordinate
to the principal
use on the
premises and
are consistent
with the
purpose and
intent of the
zoning district,
as determined
by the director
A A A A A A A A
Temporary Uses
Christmas tree
sales, subject to
Section
9.100.080
T T T T X X T T
Halloween
pumpkin sales,
subject to
Section
9.100.080
T T T T X X T T
Stands selling
fresh produce
in season,
subject to
Section
9.100.090
T T T T X X T T
ORDINANCE NO. 584
EXHIBIT A
Page 55 of 74
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
M = Minor use
permit
T = Temporary
use permit
X = Prohibited
use
Regio
nal
Comm
ercial
Comm
ercial
Park
Comm
unity
Comm
ercial
Neighb
orhood
Comme
rcial
Touris
t
Comm
ercial
Office
Comm
ercial
Major
Com
munit
y
Facilit
ies
Villag
e
Comm
ercial
Land Use CR CP CC CN CT CO MC VC
Sidewalk sales,
subject to
Section
9.100.120
T T T T T T X T
Temporary
outdoor events,
subject to
Section
9.100.130
T T T T T T T T
Use of
relocatable
building,
subject to
Section
9.100.180
T T T T T T T T
Holiday period
storage subject
to Section
9.100.145
M M M M M M M M
Other Uses
Sexually
oriented
businesses,
subject to
Section
9.110.0807
C X X X X X X X
Medical
marijuana
dispensaries
X X X X X X X X
Other uses not listed in this table: per Section 9.20.040, director or planning commission to determine whether use is
permitted
Notes:
1 Unless use is specifically listed elsewhere in this table.
2 With no consumption of alcohol on the premises.
3 If part of a mixed-use project per Section 9.140.090.
4 If not part of a mixed use project: Subject to Section 9.30.070 (RH, High Density Residential District) for density.
5 Subject to Section 9.100.110, Outdoor storage and display.
ORDINANCE NO. 584
EXHIBIT A
Page 56 of 74
6 Mini-storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this section), are
considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or
expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a site development
permit. Any modification or expansion shall conform to the development standards for the commercial park zoning district
contained in Chapter 9.90, Nonresidential Development Standards.
7 Property must also be located within the SOB (sexually oriented business) overlay district.
(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016)
9.100.110 Outdoor storage and display.
A. Purpose. This section provides regulations for the permanent outdoor storage and display
of merchandise, materials and equipment.
B. Where Permitted. The storage and/or display of any merchandise, materials or equipment
outside of an enclosed building is prohibited except where permitted in accordance with this
section, Section 9.80.020 pertaining to permitted uses, Section 9.100.120 pertaining to
sidewalk sales and special events, or where permitted by a conditional use permit.
C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials
storage area, including vehicle storage, shall comply with the following regulations:
1. Use Permit. The establishment of any outdoor equipment or materials storage use
shall require approval of a conditional use permit pursuant to Section 9.210.020.
2. Location. An equipment, material or storage yard use shall only be located where a
main building is permitted by the applicable district regulations.
3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary
of the building site or are located between a building and an abutting street. The
screening materials shall be not less than five feet high and shall be in compliance with
Section 9.100.030 (Fences and walls). Screening may consist of one or a combination of
the following types:
a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid
masonry material a minimum of six inches thick.
b. Solid Fences. Solid fences may be used for screening if approved by the decision-
making authority. Such fences shall be constructed of wood or other materials with
a minimum nominal thickness of two inches and shall form an opaque screen. All
wood fencing shall be constructed of not less than a grade of construction heart or
merchantable and better redwood or No. 2 and better (no holes) western red cedar,
stained or painted to match or complement the adjacent wall or structure.
Alternatively, if left in natural color, all wood shall be treated with a water-repellant
material.
c. Plant Screens. Plant materials, when used as a screen, shall consist of compact
evergreen plants. Such planting shall be of a kind or used in such a manner so as to
provide screening with a minimum thickness of two feet within eighteen months
after initial installation. Permanent automatic irrigation shall be provided. If,
ORDINANCE NO. 584
EXHIBIT A
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eighteen months after installation, plant materials have not formed an opaque
screen or if an opaque screen is not maintained, the planning director may require
that a wall, solid fence or berms be installed.
D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses
such as nursery and garden supply stores or departments within retail stores shall comply
with the following standards:
1. Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at
least four feet high which obscures views from streets or public parking areas into the
area. The color and materials used to fence the area shall be complementary to the color
and materials used in buildings on-site. Chain link fencing is not permitted.
2. Building Design. When the outdoor sales area is an extension of retail uses within an
adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an
extension of the adjacent building. The design of the building and outdoor area shall
appear as a single structure.
E. Minor Outdoor Merchandise Display. A maximum of ten square feet shall be allowed for
outdoor display of merchandise. The outdoor display of merchandise shall be located
immediately adjacent to the business and at no time further than ten feet from said business,
shall not interfere with pedestrian access and ADA compliance, and shall only be in place
during business hours.
F. Outdoor Display and Sales for Commercial Retail Uses Greater than One Hundred
Thousand Square Feet. Outdoor display and sales areas in conjunction with retail commercial
businesses having over one hundred thousand square feet of gross floor area (GFA) may be
permitted subject to the approval of a conditional use permit in accordance with Section
9.210.020. The conditional use permit shall establish standards for each facility in addition to
the requirements of this section:
1. Area. Outdoor display and sales areas shall not exceed ten percent of the gross floor
area of the retail commercial building.
2. Locations. Outdoor display and sales areas shall be restricted to those locations
identified on an approved plan-designated area and shall comply with the following
standards:
a. Permitted locations for outdoor display and sales areas shall be in conformance
with all current fire, health, building and safety codes.
b. Outdoor display and sales areas may be permitted within designated portions of
sidewalk, patios, and similar areas within proximity to the storefront.
c. No outdoor display and sales area shall obstruct an entrance or exit to any
building, impede the flow of pedestrian or vehicular traffic, or obstruct access to any
parking space or drive aisle.
d. Permanent modifications to the building, landscaping, or site plan for purposes
of outdoor display shall require approval through the city’s development review
process.
3. Performance Standards. Items and materials to be displayed outdoors within
designated areas shall comply with the following standards:
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a. All items and materials to be displayed outdoors shall be in conformance with
current fire, health, building and safety codes.
b. No item shall be displayed in a manner that causes a safety hazard or public
nuisance.
c. Fixtures and tables used to display merchandise shall be maintained in good
repair.
d. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified
music, or similar features shall be prohibited unless otherwise permitted and
approved through a separate sign permit.
e. Outdoor display and sales areas shall be kept clean and maintained on a
continual basis.
4. Authority to Suspend Operations. Failure to comply with these provisions is subject to
suspension or revocation of a permit.
G. Vehicle Sales. The outdoor display and sales of new vehicles shall be subject to the approval
of a minor use permit in accordance with Section 9.210.025. The outdoor display and sales of
used vehicles shall be subject to the approval of a conditional use permit in accordance with
Section 9.210.020. The use permit shall establish standards for each such facility. Such
standards shall include at a minimum:
1. Landscaping. Perimeter landscaping conforming to that required for the applicable
zoning district per Chapter 9.90.
2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150.
3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle
display and storage areas, plus prohibition of focal display areas elevated more than one
foot above the average finish grade of the overall outdoor display area. (Ord. 562 § 1,
2017; Ord. 550 § 1, 2016)
9.100.140 Seasonal sales businesses.
A. Purpose. This section provides regulations for temporary businesses operating at a single
location within an existing commercial building or interior tenant space on a seasonal or
short-term basis for a period not to exceed ninety consecutive days within a calendar year.
This chapter shall not apply to those businesses which intend to operate, or have been in
operation, longer than a ninety-day period at a single location.
B. Where Permitted. Seasonal sales businesses may be permitted with a temporary use
permit as per Section 9.210.050 when identified as a permitted land use under Section
9.80.020
C. City Business License Required. All seasonal businesses shall obtain a city business license
and have a point of sale within the city of La Quinta.
D. Signs. Temporary signs for seasonal sales businesses shall be permitted in accord with
Section 9.160.050 through approval of the temporary use permit. Permitted temporary sign
material shall be limited to a minimum one-inch thick plastic formed lettering affixed to the
building façade. All sign lettering shall promptly be removed upon expiration of the temporary
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use permit and the façade shall be restored to its prior condition. Seasonal sales businesses
shall not be permitted an additional sign permit for a “grand opening” banner or permanent
sign. (Ord. 550 § 1, 2016)
9.100.145 Temporary holiday period outdoor storage.
A. Purpose. This section provides regulations for the temporary outdoor storage of
merchandise, materials and equipment specifically required for interior sales and display
during the period from November 1 to January 15 (holiday period).
B. Where Permitted. The storage of any merchandise, materials or equipment outside of an
enclosed building is prohibited except where permitted in accordance with this section,
Section 9.80.020 pertaining to permitted uses, Sections 9.100.120 and 9.100.130 pertaining to
sidewalk sales and special events, or where permitted by a conditional use permit.
C. Permit Required. Holiday period storage can be included in a site development permit,
when a commercial building is constructed; or with a minor use permit, if holiday period
storage is to occur after a commercial building has been constructed and occupied without
inclusion of holiday period storage in the site development permit application. If approved,
holiday period storage can occur every year subsequent to the approval without renewal,
provided that the location, number of storage facilities and fencing, if any, are consistent with
the original approval.
D. Locational Criteria. Holiday period storage must occur entirely within enclosed facilities
(including storage containers or sheds) located at the rear of and immediately adjacent to the
business they serve. Holiday period storage shall not obstruct vehicular or pedestrian travel
ways, trash enclosures, or other permanent components of a business or building.
E. Site Plan Required. The site development permit or minor use permit application shall be
accompanied by a site plan which clearly shows the location, type and number of storage
facilities to be provided, their location, and any proposed fencing.
F. Findings. The findings required under Section 9.210.020 shall apply.
G. Revocation of Permit. The director may revoke a permit allowing holiday period storage if
the director finds that the conditions of approval, site plan or other documentation provided in
the original approval have not been implemented or have been modified without city
approval.
H. Duration of Storage. Under no circumstances shall holiday period storage occur on any
commercial site before November 1 or after January 15 of any year. (Ord. 550 § 1, 2016)
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.
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D. Supplemental Regulations.
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 9.70. Parking shall conform to Chapter 9.150 and signs to Chapter 9.160.
(Ord. 550 § 1, 2016)
9.110.130 Agricultural/equestrian overlay regulations.
A. Purpose. To facilitate the development and preservation of rural character at low densities
in proximity to Vista Santa Rosa.
B. Permitted Uses. See Section 9.120.020.
C. Development Standards, Residential Uses. See Table 9-9.
D. Development Standards, All Nonresidential Uses. See Section 9.130.010. (Ord. 550 § 1,
2016)
9.140.090 MU mixed use overlay regulations.
A. Purpose. To facilitate the development of mixed use projects that include both multifamily
residential and commercial components in a cohesively designed and constructed manner.
The mixed use overlay district will contribute to vehicle trip and associated air pollutant
reductions by locating residents in close proximity to services, employment, and
transportation hubs, and by providing interconnected multi-purpose paths for alternative
modes of transportation.
B. Applicability. The MU overlay district and the provisions of this section apply to all areas
designated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in addition to
the regulations of the underlying base district. In case of conflict between the base district and
the MU regulations, the MU regulations shall control.
C. Definitions. See Chapter 9.280.
D. Permitted Uses.
1. Any use permitted or conditionally permitted in the underlying district.
2. Mixed use projects consisting of both multifamily residential (apartments,
condominiums, and similar housing types) and commercial/office components.
E. Development Standards.
1. Mixed use projects shall include both a commercial and/or office component and a
multifamily residential component, which are fully integrated with regard to access,
connectivity, and public safety. Residential uses with a density of twelve to twenty-four
units, must comprise a minimum of thirty-five percent of the total square footage of the
proposed project. Mixed use projects can be designed vertically (residential development
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over commercial development) or horizontally (residential development next to
commercial development).
2. Minimum lot sizes shall be one acre, with the exception of the VC district where lot
sizes can be less than one acre. To maximize design options, development of mixed use
projects on lot assemblages or lots greater than one acre is encouraged.
3. The use of vacant pads for mixed use projects in existing commercial development
along Highway 111 is encouraged.
4. Minimum densities for residential development shall be twelve dwelling units per
acre.
5. Maximum densities for residential development shall be twenty-four dwelling units
per acre. Higher densities may be achieved through density bonuses, where applicable.
6. The residential component of mixed use projects shall be subject to the setback
requirements of the underlying commercial district.
7. Maximum Height. A mixed use project may be up to twenty-five percent more in
height than in the base district, if approved in the site development permit.
Mixed Use Overlay District Maximum Building Height
Underlying District Maximum Height
CR 60 feet
CP 45 feet
CC 40 feet
CN 35 feet
VC 45 feet*,**
CT 55 feet
CO 55 feet
* In the VC underlying district, when a minimum of one-half the required parking spaces are located beneath the
principal mixed use structure, the number of stories shall be measured from the finished floor of the building’s ground
floor and shall not include the parking level.
** Building height from forty-six to sixty feet may be permitted with approval of a CUP. See Section 9.70.110.
8. Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio
requirements of the underlying district.
9. The first (ground) floor of a multi-story mixed use project located within three
hundred feet of the Highway 111 right-of-way shall consist of commercial and/or office
development. Residential uses on the first (ground) floor are prohibited.
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10. New buildings (constructed after the date of approval of this code) in mixed use
projects shall not be longer than three hundred feet to facilitate convenient public access
around the building.
11. Pedestrian, bicycle, and other nonmotorized travel connections, including sidewalks,
trails, and/or crosswalks, are required between the commercial/office and residential
components of the project, as well as leading to/from street fronts, bus stops, public
gathering places, and adjacent properties. They shall be located off-street and separated
from vehicle travel lanes and parking lot driving aisles.
12. Physical barriers, such as walls and fences, between the commercial/office and
residential components of a mixed use project are discouraged; however, they may be
used where necessary and appropriate, including for public safety or the screening of
outdoor storage facilities.
13. Public Spaces.
a. Public gathering spaces that provide active and/or passive amenities for
passersby are highly encouraged. Communal spaces may include, but are not limited
to, pedestrian plazas, shaded benches, public art, and landscape or hardscape
features.
b. Public spaces should be centrally located or located near active land uses to
assure their frequent usage and safety.
14. Parking. Parking and loading requirements shall be in conformance with Chapter
9.150 of this code, subject to the following provisions:
a. Opportunities for shared and/or reduced parking between the
commercial/office and residential components of the project are encouraged,
subject to the requirements of Section 9.150.060 (Shared parking), as a means to
better match parking demand with availability during various hours of the day.
b. Mixed use projects shall provide preferred parking for electric vehicles and
vehicles using alternative fuels in accordance with Section 9.150.110.
15. Bicycle racks shall be provided to serve both commercial/office and residential
components of the project, and shall comply with the requirements of Chapter 9.150.
16. Landscaping shall comply with Section 9.100.040 of this code and the requirements of
the underlying district. Additional landscaping may be required to minimize impacts to
adjacent properties.
17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this code.
18. Signage shall be in conformance with Chapter 9.160 of this code and the requirements
of the underlying district. Monument and other signage that enhances the cohesion of the
development may be required.
19. Entry Drive. An entry drive that provides principal vehicular access into the
residential component of the project is required.
20. Entry Statement. Projects with fifty or more residential units shall include vehicular
and pedestrian entry statements that convey a sense of arrival into the development.
Examples include, but are not limited to, specimen trees, boulder groupings, textured or
stamped concrete, and monument signage.
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21. Special attention shall be given to the use of aesthetic treatments, such as
colored/textured paving or decorative gates, that contribute to the overall image and
connectivity of the development.
22. New mixed use development shall relate to adjacent single-family residential districts
in the following ways:
a. By stepping down the scale, height, and density of buildings at the edges of the
project adjacent to less intense development. Step the building down at the ends or
sides nearest a single-family unit, to a height similar to that of the adjacent single-
family unit (or of typical single-family residences in the vicinity if adjacent to an
undeveloped single-family zoning district).
b. By incorporating architectural elements and materials that are similar to those
used in the neighborhood.
c. By locating parking areas within the project interior or at the side or back when
necessary to achieve the “residential front yard” appearance.
d. By avoiding, wherever feasible, the construction of walls on local streets in
existing neighborhoods where the wall would be located opposite front yards.
F. Mixed Use Incentives.
1. Mixed use projects that provide a minimum of thirty percent of total project square
footage for retail uses shall receive a density bonus of ten percent for the residential
component of the project.
2. Mixed use projects that include pedestrian, bicycle and golf cart circulation and
facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities
can reduce their vehicle parking requirement by fifteen percent.
3. Development proposals for mixed use projects shall receive expedited entitlement
and building permit processing.
4. Mixed use projects shall receive a ten percent reduction in plan check and inspection
fees.
5. Mixed use projects that include a minimum of two public spaces or gathering features,
as deemed of sufficient size and purpose by the city, shall receive a density bonus of up to
fifteen percent. (Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016)
9.190.050 Documentation.
A. There shall be recorded for the donor parcel a document having the sense of the following:
1. A legal description and a total acreage of the parcel or portion of the parcel.
2. The total number of development rights or credits being removed from the property.
3. An acknowledgment that no further residential development rights or credits shall
accrue to the parcel in perpetuity.
4. The assessor’s parcel number of the parcel to which the development rights or credits
are being transferred.
5. An attestation by the city clerk of the city (dated).
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6. The signature, name and address of the owner of the parcel.
B. There shall be recorded for the receiving parcel a document having the sense of the
following:
1. “In addition to the number of dwellings units on this parcel APN (legal description and
total acreage attached as Exhibit A) which may be permitted by the City of La Quinta by
virtue of the General Plan Land Use and Density Designations, this parcel shall be
permitted (number) of additional dwelling units per acre which have been transferred to
this parcel pursuant to Chapter 9.190 of the Municipal Code, Transfer of Development
Rights.”
2. “These additional dwelling units are hereby affixed to this parcel APN and may not be
further transferred, sold, traded, or otherwise removed from this parcel, except by the
purchase by the City of La Quinta or other public agency authorized by the City.”
3. The assessor’s parcel number(s) of the donor parcel(s) from which the development
rights or credits have been removed and transferred and affixed to this parcel.
4. The signature of the city clerk of the city affixed below attests to the legitimate
transfer of these development rights to this property as described in Exhibit A, attached
to the ordinance codified in this chapter and on file in the office of the city clerk. (Ord.
550 § 1, 2016)
9.200.130 Permit revocation.
A. Grounds for Revocation. Any development review permit may be revoked by the decision-
making authority or the city council pursuant to the provisions of this section on any of the
following grounds:
1. Such approval was based on inaccurate or misleading information.
2. One or more of the conditions upon which such approval was granted or extended
have been violated.
3. A change in conditions occurring after the original grant of the approval or the
continuation of the use as approved is contrary to public health, safety or general welfare,
or is detrimental or incompatible with other permitted uses in the vicinity.
4. The findings which were the basis for the original permit approval can no longer be
made.
5. Other grounds as set forth elsewhere in this code such as, but not limited to, those for
sexually oriented businesses.
B. Procedure. Prior to any action on revocation, the decision-making authority shall hold a
public hearing noticed and held in accordance with Section 9.200.100, except that the
permittee shall be given not less than fifteen days’ notice. The notice shall state the causes for
which the revocation is to be considered.
C. Action of Decision-Making Authority. Following the hearing, the decision-making authority
may revoke the permit or revoke the permit subject to reinstatement upon compliance with
the conditions of the original permit.
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D. Amortization. If a revocation of any permit is ordered, the decision-making authority may
at the same time provide for a reasonable period of time to amortize any lawful existing uses
on the site. Extensions of this time period may be granted for good cause shown on later
application to the decision-making authority by any affected person.
E. Appeal. Any action by the decision-making authority pursuant to this section may be
appealed as set forth in Section 9.200.110.
F. New Decision-Making Authority. If the decision-making authority which granted a permit is
no longer in existence or no longer issues such permits, the authority which would issue such
permit at the time revocation is to be considered shall be the decision-making authority as
that term is used in this section. (Ord. 550 § 1, 2016)
9.210.010 Site development permits.
A. Terminology. For purposes of this code, site, architectural, lighting and preliminary
landscape plans, related development plans, and sign programs are included within the term
site development permit.
B. Purpose. The purpose of a site development permit is to ensure that the development and
design standards of this zoning code, including, but not limited to, permitted uses,
development standards and supplemental regulations are satisfied. The site development
permit process provides a means of achieving this purpose through city review of detailed
plans for proposed development projects. Therefore, all development authorized under a site
development permit and any land uses associated with the development shall be in
compliance with the plans, specifications and conditions of approval shown on and/or
attached to the approved permit.
C. Applicability. A site development permit is required for all projects which involve building
construction except the following:
1. Individual single-family houses and alterations to single-family houses or associated
accessory structures, unless a site development permit is otherwise required by an
applicable provision of this code or permit condition of approval.
2. Temporary uses (requires temporary use permit per Section 9.210.050).
D. Decision-Making Authority. Site development permits shall be processed as follows:
1. The director shall be the decision making authority for the following projects:
a. New office or commercial buildings no more than ten thousand square feet that
are not part of an approved master commercial development or specific plan.
b. New building construction or remodeling (single and multiple family residential,
office, commercial and/or institutional) and landscape plans within an approved
specific plan.
c. New buildings on vacant pads within an approved commercial development.
d. New single family models and landscaping plans in an approved tentative tract
map.
e. New parking lots that require a site development permit, per Section
9.150.020(A).
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2. The planning commission shall be the decision-making authority for the following
projects:
a. New office or commercial buildings of more than ten thousand square feet that
are not part of an approved master commercial development or specific plan.
b. New multifamily buildings and landscaping no part of an approved specific plan.
c. New mixed use buildings and landscaping plans.
E. Required Findings. The following findings shall be made by the decision-making authority
prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the general plan.
2. Consistency with Zoning Code. The project is consistent with the provisions of this
zoning code.
3. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
4. Architectural Design. The architectural design of the project, including, but not limited
to, the architectural style, scale, building mass, materials, colors, architectural details,
roof style and other architectural elements are compatible with surrounding
development and with the quality of design prevalent in the city.
5. Site Design. The site design of the project, including, but not limited to, project entries,
interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of
equipment and trash enclosures, exterior lighting, and other site design elements are
compatible with surrounding development and with the quality of design prevalent in the
city.
6. Landscape Design. Project landscaping, including, but not limited to, the location, type,
size, color, texture and coverage of plant materials, has been designed so as to provide
visual relief, complement buildings, visually emphasize prominent design elements and
vistas, screen undesirable views, provide a harmonious transition between adjacent land
uses and between development and open space, and provide an overall unifying influence
to enhance the visual continuity of the project.
F. Appeals. Appeals to decisions on-site development permits shall be reviewed pursuant to
Section 9.200.110.
G. Expiration and Time Extensions. The period of validity for establishment or time extension
of a site development permit shall be pursuant to Section 9.200.080(E).
H. Amendments. Amendments to site development permits shall be processed pursuant to
Section 9.200.100.
I. Staff Certification of Construction Documents. Prior to issuance of a building permit, the
director shall certify that final construction documents conform to preliminary plans
(schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site
development permit. (Ord. 550 § 1, 2016)
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9.210.020 Conditional use permits.
A. Purpose. The purpose of a conditional use permit is to provide for individual approval or
denial of land uses requiring such permits under this code. Uses requiring these permits have
potential for adverse impacts on surrounding properties, residents or businesses. Therefore,
when such uses are approved, conditions are placed on their establishment and operation to
mitigate or eliminate such impacts.
B. Definitions. See Chapter 9.280.
C. Applicability. A conditional use permit is required for all land uses identified in this code as
requiring such permits.
D. Decision-Making Authority. Conditional use permits shall be reviewed by the planning
commission in conjunction with a public hearing held pursuant to Section 9.200.100.
E. Compliance with Permit. The establishment and operation of any land use authorized
under a use permit and any development associated with the permit shall be in compliance
with the approved permit and any plans, specifications and conditions of approval shown on
and/or attached to the permit at all times.
F. Required Findings. The following findings shall be made by the decision-making authority
prior to the approval of a conditional use permit:
1. Consistency with General Plan. The land use is consistent with the general plan.
2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning
code.
3. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section
9.200.110.
H. Expiration and Time Extensions. The period of validity for establishment or time extension
of a site development permit shall be pursuant to Section 9.200.080.
I. Amendments. Amendments to use permits shall be processed pursuant to Section
9.200.100.
J. The use permit may be modified or revoked by the city council, or planning commission,
should they determine that the proposed uses or conditions under which it is being operated
or maintained is detrimental to the public health, welfare, or materially injurious to property,
or improvements in the vicinity, or if the property is operated or maintained, so as to
constitute a public nuisance. (Ord. 550 § 1, 2016)
9.210.025 Minor use permits.
A. Purpose. The purpose of a minor use permit is to provide for individual approval or denial
of land uses requiring such permits under this code.
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B. Definitions. See Chapter 9.280.
C. Applicability. A minor use permit is required for all land uses identified in this code as
requiring such permits.
D. Decision-Making Authority. Minor use permits shall be processed administratively by the
director pursuant to Section 9.200.020.
E. Compliance with Permit. The establishment and operation of any land use authorized
under a use permit and any development associated with the permit shall be in compliance
with the approved permit and any plans, specifications and conditions of approval shown on
and/or attached to the permit at all times.
F. Required Findings. The following findings shall be made by the decision-making authority
prior to the approval of a minor use permit:
1. Consistency with General Plan. The land use is consistent with the general plan.
2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning
code.
3. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section
9.200.110.
H. Expiration and Time Extensions. The period of validity for establishment or time extension
of a minor use permit shall be pursuant to Section 9.200.080.
I. Amendments. Amendments to use permits shall be processed pursuant to Section
9.200.100. (Ord. 550 § 1, 2016)
9.210.030 Variances.
A. Purpose. The purpose of a variance is to provide for deviations from applicable standards
of this zoning code such as the development standards set forth in Chapters 9.50 and 9.90.
Therefore, any development or other activity authorized under such a permit shall be in
compliance with the plans, specifications and conditions of approval shown on and/or
attached to the approved permit.
B. Applicability. A variance is required for any development which is not consistent with
applicable site development standards or other regulations of this code and which is not
eligible for consideration as a minor adjustment pursuant to Section 9.210.040.
C. Decision-Making Authority. Variances shall be reviewed by the planning commission in
conjunction with a public hearing held pursuant to Section 9.200.100.
D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit
to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.
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E. Required Findings. The following findings shall be made by the decision-making authority
prior to the approval of a variance:
1. Consistency with General Plan. The variance is consistent with the general plan.
2. Consistency with Zoning Code. The variance is consistent with the provisions of this
zoning code.
3. Compliance with CEQA. Processing and approval of the variance application are in
compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
5. Special Circumstances. There are special circumstances applicable to the subject
property, including size, shape, topography, location or surroundings, which, when the
zoning regulations are strictly applied, deprive the property of privileges enjoyed by
other properties in the vicinity subject to the same zoning regulations. The special
circumstances shall be specified in the adopted finding.
6. Preservation of Property Rights. The granting of the variance is necessary for the
preservation of a substantial property right possessed by other property in the same
vicinity and zoning district and otherwise denied to the subject property.
7. No Special Privileges. The variance’s required conditions of approval assure that the
adjustment authorized will not constitute a grant of special privileges which are
inconsistent with the limitations placed upon other properties in the vicinity subject to
the same zoning regulations.
8. No Land Use Variance. The approval does not authorize a land use or activity which is
not permitted in the applicable zoning district.
F. Expiration and Time Extensions. The period of validity for establishment or time extension
of a site development permit shall be pursuant to Section 9.200.080.
G. Amendments. Amendments to variance permits shall be processed pursuant to Section
9.200.080.
H. Staff Certification of Construction Documents. If development is provided for under the
variance, prior to issuance of a building permit the director shall certify that final construction
documents conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the variance. (Ord. 550 § 1, 2016)
9.210.040 Minor adjustments.
A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from
certain specific development standards set forth in this code.
B. Definition. See Chapter 9.280.
C. Applicability. A minor adjustment permit may be approved only for deviations of up to ten
percent of a numerical development standard (for example, a reduction of one foot from a ten-
foot setback requirement); for an approved or proposed map; approved or proposed
development permit review; single family home building permit. Other deviations shall
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require consideration of a variance pursuant to Section 9.210.030. Up to three adjustments
per lot shall be allowed.
D. Decision-Making Authority. Minor adjustments shall be reviewed administratively by the
director pursuant to Section 9.200.020 unless combined with another application which
requires discretionary review by the planning commission or city council pursuant to Sections
9.200.030 and 9.200.090(B).
E. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the
permit to mitigate or eliminate adverse impacts on surrounding properties, residents or
businesses.
F. Precise Development Plan. Any development authorized under such a permit shall be in
compliance with the plans, specifications and conditions of approval shown on and/or
attached to the approved permit.
G. Required Findings. The following findings shall be made by the decision-making authority
prior to the approval of any minor adjustment permit:
1. Consistency with General Plan. The project is consistent with the general plan.
2. Consistency with Zoning Code. The project is consistent with the provisions of this
zoning code.
3. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the vicinity.
H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section
9.200.110.
I. Expiration and Time Extensions. The minor adjustment will expire at the same time as the
primary building or planning permit.
J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be
processed pursuant to Section 9.200.100.
K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the
director shall certify that final construction documents conform to preliminary plans
(schematic elevations, preliminary site and landscape plans, etc.) approved as part of the
adjustment. (Ord. 550 § 1, 2016)
9.220.010 Zone map changes and prezoning.
A. Purpose. A zone map change is a legislative action by the city council to change the zone
designation of a property or properties on the official zoning map. A prezoning is the zoning of
property outside the city’s boundaries in anticipation of annexation into the city. For purposes
of this code, prezonings are included within the term “zone change.”
B. Applicable State Law. It is intended that the provisions of this section shall be fully
consistent and in full compliance with Section 65853 et seq., of the State Government Code
and that such provisions shall be so construed.
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C. Who May Apply.
1. The owner of the property or by the owners agent (with written notarized
authorization from the owner);
2. The city council by a majority vote;
3. The planning commission by a majority vote; or
4. The director.
D. Review Procedures.
1. Zone changes shall be approved, approved with modifications or denied by ordinance
of the city council after receipt of testimony at a public hearing held pursuant to Section
9.200.100.
2. Prior to city council review, the planning commission shall hold a public hearing,
review the application, and forward a recommendation to the council.
3. If the council contemplates a modification to the application not previously
considered by the planning commission, the proposed modification may be referred to
the planning commission for report back to council. A public hearing shall not be
required for such planning commission review.
E. Required Findings. The following findings shall be made by the city council prior to
approval of any zone map change:
1. Consistency with General Plan. The zone map change is consistent with the goals,
objectives and policies of the general plan.
2. Public Welfare. Approval of the zone map change will not create conditions materially
detrimental to the public health, safety and general welfare.
3. Land Use Compatibility. The new zoning is compatible with the zoning on adjacent
properties.
4. Property Suitability. The new zoning is suitable and appropriate for the subject
property.
5. Change in Circumstances. Approval of the zone map change is warranted because the
situation and the general conditions of the property have substantially changed since the
existing zoning was imposed. (Ord. 550 § 1, 2016)
9.230.010 Application and referral.
A. Purpose. A general plan amendment is a legislative action by the city council to change the
text of the general plan or any map or diagram of the general plan.
B. Applicable State Law. It is intended that the provisions of this section shall be fully
consistent and in full compliance with Section 65350 et seq., of the State Government Code
and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owner’s agent (with written notarized
authorization from the owner);
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2. The city council by a majority vote;
3. The planning commission by a majority vote;
4. The director; or
5. An interested party.
D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to
the persons and agencies as specified in Section 65352 of the State Government Code.
E. Frequency of General Plan Amendment.
1. General plan elements specified as mandatory in the State Government Code may be
amended pursuant to city council Resolution 2000-77. Each amendment may include
more than one change to the general plan.
2. The limitation on frequency of amendments to the general plan set forth in subsection
(E)(1) of this section does not apply to residential development projects with at least
twenty-five percent of the dwelling units to be occupied by persons or families of low or
moderate income.
F. Review Procedures.
1. General plan amendments shall be approved, approved with modifications or denied
by resolution of the city council after receipt of testimony at a public hearing held
pursuant to Section 9.200.100. Approval or approval with modifications shall require an
affirmative vote of a majority of the total membership of the council.
2. Prior to city council review, the planning commission shall hold a public hearing,
review the application, and forward a recommendation with findings to the council.
3. If the council contemplates a modification to the application not previously
considered by the planning commission, the proposed modification may be referred to
the commission for report back to the council. A public hearing shall not be required for
such commission review.
G. Required Findings. The following findings shall be made by the city council prior to the
approval of a general plan amendment:
1. Internal General Plan Consistency. The amendment is internally consistent with those
goals, objectives and policies of the general plan which are not being amended.
2. Public Welfare. Approval of the amendment will not create conditions materially
detrimental to the public health, safety and general welfare.
3. General Plan Compatibility. In the case of amendments to the general plan policy
diagram, the new designation is compatible with the designations on adjacent properties.
4. Property Suitability. In the case of amendments to the general plan policy diagram,
the new designation is suitable and appropriate for the subject property.
5. Change in Circumstances. In the case of amendments to the general plan policy
diagram, approval of the amendment is warranted because the situation and the general
conditions of the property have substantially changed since the existing designation was
imposed. (Ord. 550 § 1, 2016)
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9.270.030 Nonconforming uses.
A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to the
restrictions of this section.
B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period
of one year, it shall not be reestablished and any new use of the premises shall conform to the
applicable district regulations of this code.
C. Intensification of Nonconforming Uses.
1. A nonconforming nonresidential use shall not be increased in intensity.
2. A nonconforming residential use may be increased in intensity provided the
intensification will not create or increase any nonconformity relating to setback, height
or any other development standard. (For example, a “granny flat” may be added to a
single-family detached dwelling in a district permitting only attached homes provided
there is no new setback or other encroachment and all requirements pertaining to
creation of second dwelling units are met.)
3. A single family dwelling unit with nonconforming parking per Section 9.150.070 shall
conform with parking requirements when making an addition to livable area, with the
exception of the Cove Residential district which shall comply with 9.270.030(C)(4).
4. In the Cove Residential (RC) district, a single family dwelling unit with nonconforming
parking per Section 9.150.070 shall conform with parking requirements when an
addition exceeds 50% of the square footage of the existing living area. For a building
addition to a single family dwelling unit with nonconforming parking per Section
9.150.070 that is 50% or less of the existing square footage of living area, the parking
requirements may be satisfied without a garage if the applicant can provide evidence of
two off-street parking spaces (e.g., driveway space, carport), to the satisfaction of the
Design and Development Director or designee. The 50% threshold for additions
described herein applies either incrementally or cumulatively over a three-year period.
Design of additional parking shall also consider any historical significance of the housing,
including architectural features.
D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which is
damaged or destroyed by fire, explosion, earthquake or other disaster may be reestablished
provided:
1. Restoration of the structure will not create or increase any nonconformity relating to
setback, height, or any other development standard; and
2. Application for a building permit is submitted within one year of the damage or
destruction and construction is commenced and completed under that permit without
any lapses of or extensions to the permit.
E. Change of Ownership. Changes in ownership, tenancy, proprietorship or management of a
nonconforming use shall not affect its nonconforming status provided that the use or the
intensity of use does not change. (Ord. 550 § 1, 2016)
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TITLE 13
13.12.150 Term of tentative maps.
Pursuant to Section 66452.6(a)(1) of the California Government Code, the approval or conditional
approval of a tentative map by the approving authority shall expire thirty-six months after such
approval. (Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.32.030 Filing of lot line adjustments.
Requests for a lot line adjustment shall be filed with the City Engineer or his/her designee on an
approved city application form. (Ord. 562 § 1, 2017; Ord. 272 § 1, 1995)
13.32.050 Processing procedures.
A. Once an application has been accepted for filing, the City Engineer or his/her designee shall
distribute the lot line adjustment request for review and comment to the public works
department and other appropriate departments or agencies.
B. Within thirty days of acceptance of a complete application, the City Engineer or his/her
designee shall either approve the lot line adjustment, approve with conditions, or deny the lot
line adjustment.
C. The applicant shall record new grant deeds which reflect the approved lot line adjustment
and shall provide the city with certified copies of the recorded deeds.
D. Upon approval or conditional approval of the lot line adjustment and receipt by the city of
certified copies of the recorded deeds reflecting the new configuration, the City Engineer or
his/her designee shall issue either a certificate of compliance or a conditional certificate of
compliance as required, indicating the city’s acceptance and approval of the request. (Ord. 562
§ 1, 2017; Ord. 272 § 1, 1995)
13.32.070 Conditions of approval.
The City Engineer or his/her designee may not impose conditions or exactions on the approval of a
lot line adjustment, except:
A. To conform with zoning and building codes;
B. To require the prepayment of real property taxes prior to the approval of the lot line
adjustment;
C. To facilitate the relocation of existing utilities, infrastructure or easements. (Ord. 562 § 1,
2017; Ord. 272 § 1, 1995)